Virginia Code Title 28.2. Fisheries and Habitat of the Tidal Waters § 28.2-1409. Emergency sand grading activities on sand dunes located on the Atlantic Shoreline of Virginia Beach

A. As used in this section, “emergency” means a sudden and unforeseeable occurrence or condition of such disastrous severity or magnitude that governmental action beyond that authorized by existing law is required because governmental inaction for the period required to amend the law to meet the exigency would cause immediate and irrevocable harm to the citizens or a portion of the citizenry of the Commonwealth.

B. Notwithstanding the provisions of § 28.2-1403, sand grading activities are permitted on coastal primary sand dunes located on the Atlantic Shoreline of the City of Virginia Beach if (i) such activities are otherwise permitted by law and (ii) the city manager has declared an emergency and issued a permit for such purpose.  Such activities may be conducted without advance notice and hearing;  however, upon request and after reasonable notice as to time and place, the city manager shall hold a hearing to affirm, modify, amend, or cancel such emergency permit.