Coastal primary sand dunes; standards for use, exemption. (HB40)

Introduced By

Del. Bob Tata (R-Virginia Beach)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Standards for use of coastal primary sand dunes; exemption.  Authorizes the Virginia Beach Wetlands Board to determine which structures or properties are in imminent danger from erosion or storm damage. If such structures or properties are found to be in imminent danger, the property owners will be able to erect or maintain protective bulkheads of a type, size and configuration approved by the Board. This is the same exemption from the Coastal Primary Sand Dunes and Beaches Act that applies to homes located in the Sandbridge Beach Subdivision. Read the Bill »


Bill Has Failed


12/14/2011Prefiled and ordered printed; offered 01/11/12 12100147D
12/14/2011Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/18/2012Assigned ACNRsub: Chesapeake
01/26/2012Subcommittee recommends reporting (6-Y 0-N)
02/01/2012Reported from Agriculture, Chesapeake and Natural Resources (22-Y 0-N) (see vote tally)
02/02/2012Read first time
02/03/2012Passed by for the day
02/06/2012Read second time and engrossed
02/07/2012Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/07/2012VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/08/2012Constitutional reading dispensed
02/08/2012Referred to Committee on Agriculture, Conservation and Natural Resources
02/16/2012Continued to 2013 in Agriculture, Conservation and Natural Resources (14-Y 0-N) (see vote tally)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.


Desmond Cook writes:

Modifications to the original Coastal Primary Sand Dunes Code to introduce certain exemptions for property and structure owners along sections of Chesapeake Beach in Virginia Beach would allow owners of vacant lots constituting the beach, to the north of Lauderdale Ave to build bulkheads along the water's edge (within 1 foot) of the Cheaspeake Bay. Landsharks own much of this property which is presently the beach and planned for Beach Replenishment by the City of Virginia Beach. Certainly the beach itself is eroded by storms but is still the beach frequented by the public and residents of CHX BCH. The Chesapeake Beach Civic Leage recently voted to oppose proposed construction of two bulkheads along the water's edge. The proposals was also denied unamimously by the VB Wetlands Board, primarily on the grounds of Chapter 14 Code 28.2-1408. Approving the modifications proposed by Del TATA in HB40 will allow landsharks wanting to develop buildable lots on the beach by bulkheading, to bypass the Coastal Primary Dune ordinance which is in place everywhere in Virginia Beach except Sandbridge. The code for Sandbridge is acceptable to owners in that area since they do not have property owners in front of them that would build bulkheads to the waters edge and eliminate their beach. It is a different situation for us on CHX BCH who have developers owning the beach lots and who support development of buildable lots even if the beach was completely eliminated as a result.
The Bill's Sponsor of HB40 (Del TATA) has at no stage referred to the residences and property owners of our community for comment. He therefore appears to know nothing of the community opinions and sentiment on bulkheading the CHX BCH strip of 4 miles. Special interest groups (developers of the undeveloped beach lots) must be driving this HB40 in opposition to the public's interests and preservation of the beach for public use.