(a) In fulfilling its
responsibilities under this chapter, the board shall preserve and prevent the despoliation
and destruction of wetlands within its jurisdiction while accommodating necessary economic
development in a manner consistent with wetlands preservation.
(b) In making its decision whether to grant, to grant in modified form,
or to deny an application for a permit, the board shall consider the following:
(1) Such matters raised through the testimony of any person in support
of or in opposition to the permit application;
(2) Impact of the development on the public health, safety, and
welfare; and
(3) The proposed development's conformance with the standards
prescribed in section 28.2-1308, Code of Virginia and guidelines which may have been
promulgated pursuant to section 28.2-1301, Code of Virginia.
(c) The board shall grant the permit if all of the following criteria
are met:
(1) The anticipated public and private benefit of the proposed activity
exceeds its anticipated public and private detriment.
(2) The proposed development conforms with the standards prescribed in
section 28.2-1308, Code of Virginia and guidelines promulgated pursuant to section
28.2-1301, Code of Virginia.
(3) The proposed activity does not violate the purposes and intent of
this chapter or chapter 13 of Title 28.2, Code of Virginia.
(d) If the board finds that any of the criteria listed in this section
are not met, the board shall deny the permit application but allow the applicant to
resubmit the application in modified form.