Wetlands Permit Review

Wetlands Permit Review Program

We monitor permit applications on lands regulated by Virginia’s Wetlands Acts and the Chesapeake Bay Preservation Act, research those that seem problematic, and fight against proposed actions that we believe are contrary to Virginia law. In the spotlight:

Fort Monroe Bottomlands

Suffolk Dismal Swamp Wetlands

Nimmo Quay Wetlands

Back Bay Wildlife Refuge Wetlands (Nimmo Parkway VII-B Expansion)

Fort Monroe Bottomlands

The Fort Monroe Bottomlands serve as an overflow habitat for seabirds from Fort Wool, Virginia's largest seabird colony. These bottomlands provide nesting grounds for species such as royal terns, laughing gulls, black skimmers, and many other seabirds.

A developer is proposing to construct a hotel over the water. We are objecting to the permit on the grounds that the project does not sufficiently mitigate against the impacts to tidal wetlands. Further, the National Flood Insurance Program (NFIP) prohibits structures over water in high-risk flood zones. We are also arguing that the proposed development does not meet the new state-imposed sea level rise planning standards for state-owned property. Fort Monroe, governed by the Fort Monroe Authority, a state agency, falls under these regulations. We are also raising concerns that allowing this development could result in non-compliance with the NFIP, jeopardizing the availability and coverage of flood insurance in the area.

We have opposed this issuance of a permit by the Virginia Marine Resources Commission since 2021, but were unsuccessful.

Suffolk Dismal Swamp-Adjacent Wetlands

The Southern Public Service Authority (SPSA) proposes to open a new cell on their landfill to take trash in the future. This new cell is located on non-tidal wetlands that feed into the Dismal Swamp National Wildlife Refuge. Wetlands Watch, with our partners, is objecting to the permit on the grounds that SPSA has not adequately demonstrated that the expansion is needed given uncertain future solid waste demand. We suspect that the permit may be part of a larger expansion plan to “segment” negative environmental impacts, making them seem smaller.

We are joined in this work by the Southern Environmental Law Center, the Chesapeake Bay Foundation, and the Nansemond Indian Nation.

See our most recent public comments and petitions here, here, and here.

Back Bay-Adjacent Wetlands: Nimmo Quay Development.

The Nimmo Quay subdivision in southern Virginia Beach is one of the last "legacy" subdivisions, having been plotted before the city's current, stricter regulations on development in flood-prone areas. The subdivision is almost entirely covered by wetlands, and given the latest sea level rise projections, the entire area is expected to face constant flood threats by 2050. We are objecting to a final amendment which would allow the 2015 project to proceed.

Wetlands Watch, along with Lynnhaven River Now, the Back Bay Restoration Foundation, and the Southern Environmental Law Center, are opposing this permit amendment.

See our most recent public comments and petitions here and here (with the Southern Environmental Law Center, the Back Bay Restoration Foundation, and Lynnhaven River Now).

Back Bay Wildlife Refuge-Adjacent Wetlands: Nimmo Parkway VII-B Expansion

The City of Virginia Beach is attempting to extend the Nimmo Parkway at Sandbridge, and we are objecting on the grounds that the blocked water flow would harm adjacent wetlands. We are proposing improvements on the existing Sandbridge Road as an alternative. Currently, the City has not performed an adequate Environmental Impact Statement (EIS). We objected to this fact and were successful in getting a commitment from the City to complete a full EIS.

We are working with the Back Bay Restoration, Lynnhaven River Now, and the Southern Environmental Law Center. Read our recent comments here and here.