Tidal Wetlands Act

Tidal Wetlands Act Updates

Timeline

In 2020, Virginia's Tidal Wetlands Act was significantly amended through SB 776, mandating the use of living shorelines as the default option for shoreline erosion control. This legislation ensures that applicants seeking erosion control measures must demonstrate that a living shoreline is unfeasible for their specific location in order to pursue alternative methods. The goal is to increase the adoption of nature-based shoreline solutions across Virginia. SB 776 also requires the Virginia Marine Resources Commission (VMRC) to update its wetlands permit standards to ensure living shorelines installed account for sea level rise and coastal hazards, marking the first major revision to the wetlands permit guidelines since 1993. This is particularly critical given projections from the Virginia Coastal Resilience Master Plan, which forecasts that Virginia could lose 89% of its tidal wetlands by 2100 without intervention.

Updated Guidelines Approved

On May 19, 2021, the VMRC issued updated guidelines for wetlands permits, which were subsequently approved by the Virginia Marine Resources Commission on May 25, 2021. These updated guidelines, incorporating sea level rise and coastal hazards considerations, went into effect immediately following the Commission's approval.

Draft Guidelines Released

The VMRC released draft Wetlands Guidelines on March 1, 2021, with a public comment period that closed on March 31, 2021. Public feedback played a key role in shaping the final guidelines.

Stakeholder Responses

Joint Comments: Wetlands Watch, along with the Chesapeake Bay Foundation, James River Association, Southern Environmental Law Center, and Virginia Conservation Network, submitted a joint letter and redlined text providing feedback on the draft guidelines.

Public Outreach

In May 2020, VMRC sent a letter to local wetlands boards informing them of the changes to the Tidal Wetlands Act. To encourage public participation and input on the updated guidelines, VMRC hosted three Wetlands Guidelines Workshops during the summer and fall of 2020. VMRC also maintains a public notice website where the draft guidelines and updates can be accessed.