Coastal Zone Management Rules & Regs

Virgin Islands Code Annotated Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

12 V.I.C. Notes

Notes

ANNOTATIONS

1. Constitutionality.

Since section 903 of this title indicates the limits within which the Coastal Zone Management Commission and the Board of Land Use Appeals must act, this chapter is not an impermissible delegation of legislative authority. Great Cruz Bay Dev. Co. v. V.I. Bd. of Land Use Appeals, 18 V.I. 536, 1981 U.S. Dist. LEXIS 9341 (D.V.I. 1981).

12 V.I.C. Notes, VI ST T. 12 Notes

Statutes current through Act 8310 of the 33rd Legislature, including all code changes through July 21, 2020.

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Virgin Islands Code Annotated Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

12 V.I.C. § 901

§ 901 Common name

This chapter shall be known and may be cited as the Virgin Islands Coastal Zone Management Act of 1978.

Credits

-Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 282.

HISTORY

Effective date.

Act Oct. 31, 1978, No. 4248, § 24, Sess. L. 1978, p. 317, provided:

‘The effective date of this Act [that added this chapter] shall be February 1, 1979.‘

Natural Resources Reclamation Fund.

Act Oct. 31, 1978, No. 4248, § 21, Sess. L. 1978, p. 317, provided:

‘Fees accruing to the use and benefit of the Government of the Virgin Islands from submerged lands permits granted by the Government of the United States prior to the effective date of Act No. 3667 [Jan. 24, 1975] and which, pursuant to section 2 of that act, were covered into the Natural Resources Reclamation Fund created by section 1 of that act, are hereby continued without hiatus for the purposes of section 1 of this act.‘

12 V.I.C. § 901, VI ST T. 12 § 901

Statutes current through Act 8310 of the 33rd Legislature, including all code changes through July 21, 2020.

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Virgin Islands Code Annotated Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

12 V.I.C. § 902

§ 902 Definitions

For the purposes of this chapter, and unless the context otherwise requires:

(a) ‘Aggrieved person‘ means any person, including the applicant, who, in connection with a decision or action of the Commission on an application for a major coastal zone permit either appeared in person or through representatives at a public hearing of the Commission on said application, or prior to said decision or action informed the Commission in writing of the nature of his concern, or on an application for a minor coastal zone permit informed the Commissioner in writing prior to said decision or action of the nature of his concern, or who for good cause was unable to do any of the foregoing.

(b) ‘Areas of particular concern‘ means areas in the coastal zone that require special and more detailed planning analyses and the preparation of special plans and implementation mechanism.

(c) ‘Board‘ means the Board of Land Use Appeals established in Title 29, chapter 3 of this Code.

(d) ‘Coastal dependent development or use‘ means any development or use which requires a site on, or adjacent to, the sea to be able to function effectively.

(e) ‘Coastal Land and Water Use Plan‘ means the comprehensive plan for the development of the first tier of the coastal zone which is intended to serve as a policy guide for decision-making relative to development activities within this tier.

(f) ‘Coastal waters‘ means sea, as that term is defined in subsection (x) herein, as well as those waters adjacent to the shorelines which contain a measurable quantity or percentage of seawater, including, but not limited to, sounds, bays, lagoons, bayous, ponds and estuaries.

(g) ‘Coastal zone‘ means all land and water areas of the Territory of the United States Virgin Islands extending to the outer limits of the territorial sea, specified on the maps identified in section 908, subsection (a) of this chapter, and is composed of two parts, a first tier and a second tier.

(h) ‘Coastal Zone Management Program‘ means the program prepared by the Virgin Islands Planning Office for the management of the Coastal Zone of the Virgin Islands and submitted by the Governor of the United States Virgin Islands to the U.S. Department of Commerce pursuant to section 306, subsection (c), paragraph 4 of the Federal Coastal Zone Management Act of 1972 (P.L. 92-583).

(i) ‘Coastal zone permit‘ means a permit for any development within the first tier of the coastal zone that is required pursuant to section 906 of this chapter.

(j) ‘Commission‘ means the Coastal Zone Management Commission as created by section 904 of this chapter.

(k) ‘Commissioner‘ means the Commissioner of Conservation and Cultural Affairs.

(l) ‘Development‘ means the placement, erection, or removal of any fill, solid material or structure on land, in or under the water; discharge or disposal of any dredged material or of any liquid or solid waste; grading, removing, dredging, mining, or extraction of any materials, including mineral resources; subdivision of land pursuant to Title 29, chapter 3 of this Code; construction, reconstruction, removal, demolition or alteration of the size of any structure; or removal or harvesting of vegetation, including coral. Development shall not be defined or interpreted to include activities related to or undertaken in conjunction with the cultivation, use or subdivision of land for agricultural purposes which do not disturb the coastal waters or sea, or any improvement made in the interior of any structure.

(m) ‘Emergency‘ means an unexpected situation that poses an immediate danger to life, health or property and demands immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

(n) ‘Environment‘ means the physical, social and economic conditions which exist within the area which will be affected by a proposed project.

(o) ‘Environmental Assessment Report‘ means an informational report prepared by the permittee available to public agencies and the public in general which, when required by this chapter, shall be considered by the Commission prior to its approval or disapproval of an application for a major coastal zone permit. Such report shall include detailed information about the existing environment in the area of a proposed development, and about the effects which a proposed development is likely to have on the environment; an analysis and description of ways in which the significant adverse effects of such development might be mitigated and minimized; and an identification and analysis of reasonable alternatives to such development.

(p) ‘Feasible‘ means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

(q) ‘Fill‘ means earth or any other substance or material, including pilings placed for the purposes of erecting structures thereon, placed in a submerged area.

(r) ‘First tier‘ means that area extending landward from the outer limit of the territorial sea, including all offshore islands and cays, to distances inland as specified in the maps incorporated by reference in section 908, subsection (a) of this chapter.

(s) ‘Major coastal zone permit‘ means a permit required for development within the coastal zone, which development is not ‘minor development‘ as defined in section 910, subsection (c) of this chapter.

(t) ‘Minor coastal zone permit‘ means the permit required for development defined in section 910, subsection (c) of this chapter.

(u) ‘Permit‘ means any license, certificate, approval, or other entitlement for use granted or denied by any public agency.

(v) ‘Person‘ means any individual, organization, partnership, association, corporation or other entity, including any utility, the Government of the United States Virgin Islands, the Government of the United States, any department, agency, board, authority or commission of such governments, including specifically the Virgin Islands Port Authority and the Virgin Islands Water and Power Authority, and any officer or governing or managing body of any of the foregoing.

(w) ‘Public Agency‘ means Government of the United States, the Government of the United States Virgin Islands or any department, agency, board, authority, or commission of either government, including specifically the Virgin Islands Port Authority and the Virgin Islands Water and Power Authority, and any officer or governing or managing body of any of the foregoing.

(x) ‘Sea‘ means the Atlantic Ocean, the Caribbean Sea and all coastal waters including harbors, bays, coves, channels, estuaries, salt ponds, marshes, sloughs and other areas subject to tidal action through any connection with the Atlantic Ocean or the Caribbean Sea, excluding streams, tributaries, creeks and flood control and drainage channels.

(y) ‘Second tier‘ means the interior portions of the Islands of St. Thomas, St. John and St. Croix, including all watersheds and adjacent land areas not included in the first tier.

(z) ‘Shorelines‘ means the area along the coastline of the United States Virgin Islands from the seaward line of low tide, running inland a distance of fifty feet, or to the extreme seaward boundary of natural vegetation which spreads continuously inland, or to a natural barrier, whichever is the shortest distance. Whenever the shore is extended into the sea by or as a result of filling, dredging or other man-made alteration activities, the landward boundary of the shorelines shall remain at the line previously established.

(aa) ‘Significant natural area‘ means land and/or water areas within the coastal zone of major environmental value, including fish or wildlife habitat areas, valuable biological or natural productivity areas; and unique or fragile coastal ecological units or ecosystems which require special treatment and protection.

(bb) ‘Structure‘ means anything constructed or erected which requires location or placement on or in the ground, the submerged land, or coastal waters, or which is attached to something located in or on the ground, the submerged lands, or coastal waters.

(cc) ‘Submerged and filled lands‘ means all lands in the United States Virgin Islands permanently or periodically covered by tidal waters up to, but not above, the line of mean high tide, seaward to a line three geographical miles distant from the coastline of the United States Virgin Islands, and all artificially made, filled in, or reclaimed lands, salt ponds and marshes which were formerly permanently or periodically covered by tidal waters.

(dd) ‘Trust lands‘ means all submerged and filled land conveyed pursuant to Public Law 93-435, 88 Statutes 1210, by the United States to the Government of the United States Virgin Islands to be administered in trust for the benefit of the people of the United States Virgin Islands.

(ee) ‘Vested rights‘ means the rights obtained by a person to complete development without having to obtain a coastal zone permit where, prior to the effective date of this chapter, such person has obtained the necessary permit or permits, issued by the appropriate public agency(ies), which would have been sufficient to legally authorize such development prior to said effective date.

Credits

-Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 282.

HISTORY

Revision notes.

Inserted ‘United States‘ preceding ‘Virgin Islands‘ throughout the section for purposes of clarity pursuant to section 14 of Title 1.

Effective date.

For effective date of this section, see note under section 901 of this title.

References in text.

The reference to section 908, subsection (a) of this chapter, referred to in subsections (h) and (r) appears to be incorrect. Section 908 does not contain a subsection (a) designation.

The reference to the Commissioner of Conservation and Cultural Affairs in subsection (k) is deemed to refer and apply to the Commissioner of Planning and Natural Resources pursuant to Act June 24, 1987, No. 5265, § 301, Sess. L. 1987, p. 29. See section 407 of Title 3.

Section 306 of the Federal Coastal Zone Management Act of 1972, referred to in subsection (h), is classified to 16 U.S.C. § 1455.

CROSS REFERENCES

Planning Office as Division of Planning within Department of Planning and Natural Resources, see § 402 of Title 3.

ANNOTATIONS

1. Development.

Plaintiff’s motion for declaratory and injunctive relief to allow proposed work on its coastal property to be characterized as ‘repair‘ of hurricane damage exempt from permit requirements rather than ‘development‘ under this chapter required dismissal; some evidence supported a finding that work in question constituted development within the express statutory language and statute’s basic goals, and therefore plaintiff was required to comply with permit requirements and exhaust its administrative remedies prior to judicial review. Water Island Hotel & Beach Club, Ltd. v. Government of Virgin Islands, 764 F. Supp. 1051, 26 V.I. 276, 1991 U.S. Dist. LEXIS 13424 (D.V.I. 1991).

Determination of whether an activity in a coastal zone constitutes ‘development‘ and therefore requires a coastal zone permit can only be made on a case by case basis. 10 V.I. Op. Att’y Gen. 39.

In construing the meaning of the term ‘development‘ in the Coastal Zone Management Act, the Coastal Zone Management Commission should be primarily concerned with effectuating the purpose of the Act., 10 V.I. Op. Att’y Gen. 39.

In determining whether any activity requires a coastal zone permit, it must first be determined whether that activity constitutes a development within the meaning of the Coastal Zone Management Act., 10 V.I. Op. Att’y Gen. 39.

Cited.

Cited in La Vallee Northside Civic Ass’n v. Virgin Islands Coastal Zone Mgt. Comm’n, 866 F.2d 616, 1989 U.S. App. LEXIS 640 (3d Cir. 1989); LaVallee Northside Civic Ass’n v. Virgin Islands Coastal Zone Mgt. Comm’n, 23 V.I. 406, 1988 U.S. Dist. LEXIS 7037 (D.C.V.I. 1988); La Vallee Northside Civic Ass’n v. Virgin Islands Bd. of Land Use Appeals, 30 V.I. 9, 1994 V.I. LEXIS 6 (Terr. Ct. St. C. 1994); Virgin Islands Conservation Soc’y, Inc. v. Virgin Islands Bd. of Land Use Appeals, 30 V.I. 191, 857 F. Supp. 1112, 1994 U.S. Dist. LEXIS 8364 (D.C.V.I. 1994); Environmental Ass’n v. Virgin Islands Bd. of Land Use Appeals, 31 V.I. 9, 885 F. Supp. 792, 1994 V.I. LEXIS 19 (Terr. Ct. St. T. and St. J. 1994).

12 V.I.C. § 902, VI ST T. 12 § 902

Statutes current through Act 8310 of the 33rd Legislature, including all code changes through July 21, 2020.

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Virgin Islands Code Annotated Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

12 V.I.C. § 903

§ 903 Findings and goals

(a) The Legislature hereby finds and declares that:

(1) the coastal zone, and the lands and waters thereof, constitute a distinct and valuable natural resource of vital importance to the people and economy of the United States Virgin Islands;

(2) the protection of the natural and scenic resources of the coastal zone is of vital concern to present and future residents of the United States Virgin Islands;

(3) title to certain submerged and filled lands surrounding the United States Virgin Islands has been conveyed in trust to and is held in trust by the Government of the United States Virgin Islands for the benefit of the people of the United States Virgin Islands;

(4) the shorelines provide a constant source of food and recreation to, and enhance all aspects of the lives of, the people of the United States Virgin Islands, and the public has made frequent, uninterrupted and unobstructed use of the shorelines throughout Danish and American sovereignty;

(5) to promote the public safety, health and welfare, and to protect public and private property, wildlife, ocean resources and the natural environment, it is necessary to preserve the ecological balance of the coastal zone, and to prevent its deterioration and destruction;

(6) there has been uncontrolled and uncoordinated development of the shorelines and attempts to curtail the use of the shorelines by the public;

(7) improper development of the coastal zone and its resources has resulted in land use conflicts, erosion, sediment deposition, increased flooding, gut and drainage fillings, decline in productivity of the marine environment, pollution and other adverse environmental effects in and to the lands and waters of the coastal zone, and has adversely affected the beneficial uses of the coastal zone by the people of the United States Virgin Islands;

(8) the present system of regulatory controls in the United States Virgin Islands affecting the coastal zone consists of fragmented or overlapping laws and regulations which are not properly coordinated and which when taken together do not constitute a comprehensive or adequate response to the needs of the people of the United States Virgin Islands to protect, and to effect the best use of, the resources of the coastal zone; and

(9) there exists no comprehensive program for the overall management, conservation and development of the resources of the coastal zone, for the prevention of encroachment on natural areas in the coastal zone by urbanized developments and for the avoidance of irreversible commitments of coastal zone resources which provide short-terms benefits at the cost of adverse effects on the long-term productivity and amenity of the coastal zone environment.

(b) The Legislature hereby determines that the basic goals of the United States Virgin Islands for its coastal zone are to:

(1) protect, maintain, preserve and, where feasible, enhance and restore, the overall quality of the environment in the coastal zone, the natural and man-made resources therein, and the scenic and historic resources of the coastal zone for the benefit of residents of and visitors of the United States Virgin Islands;

(2) promote economic development and growth in the coastal zone and consider the need for development of greater than territorial concern by managing: (1) the impacts of human activity and (2) the use and development of renewable and nonrenewable resources so as to maintain and enhance the long-term productivity of the coastal environment;

(3) assure priority for coastal-dependent development over other development in the coastal zone by reserving areas suitable for commercial uses including hotels and related facilities, industrial uses including port and marine facilities, and recreation uses;

(4) assure the orderly, balanced utilization and conservation of the resources of the coastal zone, taking into account the social and economic needs of the residents of the United States Virgin Islands;

(5) preserve, protect and maintain the trust lands and other submerged and filled lands of the United States Virgin Islands so as to promote the general welfare of the people of the United States Virgin Islands;

(6) preserve what has been a tradition and protect what has become a right of the public by insuring that the public, individually and collectively, has and shall continue to have the right to use and enjoy the shorelines and to maximize public access to and along the shorelines consistent with constitutionally-protected rights of private property owners;

(7) promote and provide affordable and diverse public recreational opportunities in the coastal zone for all residents of the United States Virgin Islands through acquisition, development and restoration of areas consistent with sound resource conservation principles;

(8) conserve ecologically significant resource areas for their contribution to marine productivity and value as wildlife habitats, and preserve the function and integrity of reefs, marine meadows, salt ponds, mangroves and other significant natural areas;

(9) maintain or increase coastal water quality through control of erosion, sedimentation, runoff, siltation and sewage discharge;

(10) consolidate the existing regulatory controls applicable to uses of land and water in the coastal zone into a single unified process consistent with the provisions of this chapter, and coordinate therewith the various regulatory requirements of the United States Government;

(11) promote public participation in decisions affecting coastal planning conservation and development.

Credits

-Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 286.

HISTORY

Revision notes.

Substituted ‘United States Virgin Islands‘ for ‘Virgin Islands‘ and ‘Government of the United States Virgin Islands‘ for ‘Government of the Virgin Islands‘ throughout the section for purposes of clarity pursuant to section 14 of Title 1.

Effective date.

For effective date of this section, see note under section 901 of this title.

ANNOTATIONS

1. Generally.

The Coastal Zone Management Committee failed to mention any examination of 12 V.I.C. § 910 and also failed to examine an Erosion and Sedimentation Control Plan under 12 V.I.C. § 903(b)(2)(9), both of which are required before the approval of any project or the granting of a coastal zone management permit. Environmental Ass’n v. Virgin Islands Bd. of Land Use Appeals, 885 F. Supp. 792, 31 V.I. 9, 1994 V.I. LEXIS 19 (V.I. Terr. Ct. 1994).

Cited.

Cited in Great Cruz Bay Dev. Co. v. Virgin Islands Bd. of Land Use Appeals, 18 V.I. 536, 1981 U.S. Dist. LEXIS 9341 (D.C.V.I. 1981); Government of V.I., Dep’t of Conservation v. Virgin Islands Paving, Inc., 714 F.2d 283, 1983 U.S. App. LEXIS 25278 (3d Cir. 1983); West Indian Co. v. Government of Virgin Islands, 22 V.I. 358, 643 F. Supp. 869, 1986 U.S. Dist. LEXIS 20896 (1986); La Vallee Northside Civic Ass’n v. Virgin Islands Coastal Zone Mgt. Comm’n, 866 F.2d 616, 1989 U.S. App. LEXIS 640 (3d Cir. 1989); Water Island Hotel & Beach Club, Ltd. v. Government of V.I., 26 V.I. 276, 764 F. Supp. 1051, 1991 U.S. Dist. LEXIS 13424 (D.C.V.I. 1991); La Vallee Northside Civic Ass’n v. Virgin Islands Bd. of Land Use Appeals, 30 V.I. 9, 1994 V.I. LEXIS 6 (Terr. Ct. St. C. 1994); Virgin Islands Conservation Soc’y, Inc. v. Virgin Islands Bd. of Land Use Appeals, 30 V.I. 191, 857 F. Supp. 1112, 1994 U.S. Dist. LEXIS 8364 (D.C.V.I. 1994).

12 V.I.C. § 903, VI ST T. 12 § 903

Statutes current through Act 8310 of the 33rd Legislature, including all code changes through July 21, 2020.

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Virgin Islands Code Annotated Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

12 V.I.C. § 904

§ 904 Coastal Zone Management Commission

(a) There is hereby created within the Department of Conservation and Cultural Affairs a Coastal Zone Management Commission composed of the Commissioner of Conservation and Cultural Affairs, who shall be a non-voting member, ex officio, the Director of the Virgin Islands Planning Office who shall be a non-voting member, ex officio, and fifteen other members appointed by the Governor with the advice and consent of the Legislature. Of the fifteen appointed members, five shall reside on St. Croix, five shall reside on St. Thomas and five shall reside on St. John. Ex officio members of the Commission may appoint a designee to serve at his or her pleasure who shall have all the powers and duties of such member pursuant to this chapter. The Commission shall elect a Chairman from among its members. Eight voting members of the Commission shall constitute a quorum for the transaction of all business of the Commission. A majority of those voting members present shall decide on all matters before the Commission. The Commission may adopt such other rules as it deems necessary to conduct its business.

(b) There are created within the Coastal Zone Management Commission three Commission Committees: one of such Committees shall consist of the members who reside on St. Croix, one of such Committees shall consist of the members who reside on St. Thomas and one of such Committees shall consist of members who reside on St. John. Each Committee shall exercise the full authority of the Commission over the issuance of Coastal Zone Permits within the jurisdiction of the Commission pertaining solely to the respective resident island of the Committee. Each Committee shall elect a Chairman from its members. A quorum of each Coastal Zone Management Committee shall consist of three of its members. A majority of those present shall decide on all matters before a Commission Committee.

(c) Appointed members of the Commission shall serve a term of two years and may be reappointed. Upon the conclusion of the term of any appointed member of the Commission, such person shall continue to serve until a new member has been appointed. The appointed members of the Commission shall receive the sum of $50 for each day or part thereof spent in the performance of their duties. Every member of the Commission shall be reimbursed for necessary travel, subsistence and other expenses actually incurred in the discharge of his duties as a member of the Commission. Appointed members of the Commission may be removed by the Governor for cause.

(d) In addition to all powers specifically assigned the Commission by this chapter, the Commission shall have the primary responsibility for the implementation of the provisions of this chapter. The Department of Conservation and Cultural Affairs as directed by the Commission is hereby designated as the territorial coastal zone management agency for the purpose of exercising powers set forth in the Federal Coastal Zone Management Act of 1972 or any amendment thereto or any other federal act heretofore or hereafter enacted that relates to the management of the coastal zone except for those activities or programs presently being carried out by any other agency of the Government of the United States Virgin Islands or which the Governor may assign to any other agency. In addition to other authority, the Commission may grant or issue any certificate or statement required pursuant to any federal law that an activity of any person is in conformity with the provisions of this chapter.

(e) The Commission shall prepare and submit to the Legislature of the United States Virgin Islands for adoption any additional plans and undertake any studies it deems necessary and appropriate to better accomplish the purposes, goals and policies of this chapter.

(f) The Commission shall evaluate progress being made towards the implementation of the provisions of this chapter and shall submit a report to the Governor and Legislature on an annual basis.

(g) The Commission shall promulgate rules and regulations necessary to carry out the provisions of this chapter; provided, however, that no such rules or regulations shall be promulgated unless public hearings are held by the Commission after appropriate notice as hereinafter provided. Any rules and regulations promulgated pursuant to this chapter may be modified, amended or revised by the Legislature in accordance with the provisions of subsection (b), section 913, Title 3 of this Code.

(h) Division of Coastal Zone Management. There is hereby established within the Department of Conservation and Cultural Affairs a Division of Coastal Zone Management, the powers and duties of which are, without limitation, to assist the Commission and Commissioner in administering and enforcing the provisions of this chapter.

Credits

-Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 289; amended Sept. 28, 1990, No. 5636, § 1(d), Sess. L. 1990, p. 346.

HISTORY

Revision notes.

Substituted ‘Government of the United States Virgin Islands‘ for ‘Government of the Virgin Islands‘ in subsection (d) and ‘Legislature of the United States Virgin Islands‘ for ‘Legislature of the Virgin Islands‘ in subsection (e) for purposes of clarity pursuant to section 14 of Title 1.

References in text.

The references to the Department of Conservation and Cultural Affairs in subsections (a), (d) and (h) and to the Commissioner of Conservation and Cultural Affairs in subsection (a) are deemed to refer and apply to the Department of Planning and Natural Resources and the Commissioner of Planning and Natural Resources, respectively, pursuant to Act June 24, 1987, No. 5265, § 301, Sess. L. 1987, p. 29. See section 407 of Title 3.

The Federal Coastal Zone Management Act of 1972, referred to in subsection (d), is classified to 16 U.S.C. § 1451 et seq.

Amendments -1990.

Subsection (c): Substituted ‘$50‘ for ‘$30‘ following ‘sum of‘ in the third sentence.

Effective date.

For effective date of this section, see note under section 901 of this title.

CROSS REFERENCES

Planning Office as Division of Planning within Department of Planning and Natural Resources, see § 402 of Title 3.

ANNOTATIONS

1. Generally.

Primary responsibility for implementation of the provisions of Coastal Zone Management Act falls upon the Coastal Zone Management Commission., 10 V.I. Op. Att’y Gen. 39.

Coastal Zone Management Commission has the authority to promulgate such rules and regulations as it deems necessary to carry out the provisions of the Coastal Zone Management Act., 10 V.I. Op. Att’y Gen. 39.

Coastal Zone Management Commission and Department of Conservation and Cultural Affairs are guided in the exercise of jurisdiction over the trust lands by the provisions of the Coastal Zone Management Act., 10 V.I. Op. Att’y Gen. 39.

Cited.

Cited in La Vallee Northside Civic Ass’n v. Virgin Islands Coastal Zone Mgt. Comm’n, 866 F.2d 616, 1989 U.S. App. LEXIS 640 (3d Cir. 1989); LaVallee Northside Civic Ass’n v. Virgin Islands Coastal Zone Mgt. Comm’n, 23 V.I. 406, 1988 U.S. Dist. LEXIS 7037 (D.C.V.I. 1988); La Vallee Northside Civic Ass’n v. Virgin Islands Bd. of Land Use Appeals, 24 V.I. 88, 1988 U.S. Dist. LEXIS 9165 (D.C.V.I. 1988); Virgin Islands Conservation Soc’y, Inc. v. Virgin Islands Bd. of Land Use Appeals, 30 V.I. 191, 857 F. Supp. 1112, 1994 U.S. Dist. LEXIS 8364 (D.C.V.I. 1994).

12 V.I.C. § 904, VI ST T. 12 § 904

Statutes current through Act 8310 of the 33rd Legislature, including all code changes through July 21, 2020.

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Virgin Islands Code Annotated Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

12 V.I.C. § 905

§ 905 General provisions

(a) Nothing in this chapter shall be construed as amending or altering in any way the existing zoning designations of lands within the United States Virgin Islands or the Zoning District Maps adopted pursuant to Title 29, chapter 3, of this Code.

(b) Every use permitted under an existing zoning designation of lands pursuant to sections 227 and 228, Title 29, chapter 3, of this Code shall be permitted provided the use is consistent with the provisions of sections 903, 906 and 910 of this chapter.

(c) This chapter is not intended, and shall not be construed as authorizing the Commission, Commissioner or any public agency acting pursuant to this chapter to exercise their power to grant or deny a permit in a manner which will take or damage private property for public use without the payment of just compensation therefor. This chapter is not intended to increase or decrease the rights of any owner of property under the Revised Organic Act of the United States Virgin Islands or Constitution of the United States.

(d) In carrying out the provisions of this chapter, conflicts between the policies of this chapter shall be resolved in the manner which is the most protective of significant coastal resources.

(e) No provision of this chapter is a limitation on any of the following:

(1) except as otherwise specifically limited by territorial or federal law, on the power of any public agency to adopt and enforce additional regulations, not in conflict with this chapter, imposing further conditions or restrictions on land or water uses or other activities which might adversely affect coastal zone resources;

(2) on the power of the Government of the United States Virgin Islands to declare, prohibit and abate nuisances or to bring an action in the name of the people of the United States Virgin Islands to enjoin any waste or the pollution of resources of the coastal zone; and

(3) on the right of any person to maintain an appropriate action for relief against a private nuisance or for any other private relief.

(f) Nothing herein contained shall be construed to abridge or alter vested rights obtained in a development in the first tier coastal zone prior to the effective date of this chapter or any occupancy permit or lease of trust lands or other submerged or filled lands issued prior to the effective date of this chapter, except to the extent provided in said occupancy permit or lease.

(g) No person who has obtained all necessary and required permits to construct or undertake development in the coastal zone and who, prior to the effective date of this chapter, has commenced construction of such development in good faith, shall be required to secure approvals for such development pursuant to this chapter; provided, however, that notwithstanding subsections (g) and (h) of this section, no substantial change may be made in any such development without prior approval having been obtained in accordance with the provisions of this chapter.

(h) Nothing herein contained shall be construed to repeal, alter, abrogate, annul or in any way limit, diminish, impair or interfere with any of the following, but shall be held and construed as auxiliary and supplementary thereto:

(1) any easements, covenants or other agreements between parties to the extent that such easements, covenants, or agreements impose greater restrictions upon the use or alteration of land or water in the coastal zone than the requirements of this chapter;

(2) any, or all rights the public has acquired by whatever means to use, traverse, enjoy or occupy lands or waters or both in the coastal zone as of the effective date of this chapter by reason of express or implied dedication or otherwise;

(3) the Commissioner’s authority to administer and enforce any other provision of law related to, involving or affecting the coastal zone; and

(4) any laws of the United States Virgin Islands relating to air or water quality, air or water pollution, oil spill prevention or earth change.

(5) [Repealed.]

(i) All public agencies of the Government of the United States Virgin Islands shall cooperate with the Commission, its Committees, and Commissioner in the administration and the enforcement of this chapter. All public agencies of the Government of the United States Virgin Islands currently exercising regulatory authority in the coastal zone shall administer such authority consistent with the provisions of this chapter and the rules and regulations promulgated hereunder.

Credits

-Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 291; amended Apr. 7, 1982, No. 4700, § 1, Sess. L. 1982, p. 65; Aug. 11, 1986, No. 5188, § 1(b), Sess. L. 1986, p. 200; Dec. 31, 1987, No. 5293, § 1, Sess. L. 1987, p. 157.

HISTORY

Revision notes.

Inserted ‘United States‘ preceding ‘Virgin Islands‘ throughout the section for purposes of clarity pursuant to section 14 of Title 1.

References in text.

The Revised Organic Act of the Virgin Islands and the Constitution of the United States, referred to in subsection (d), are set out preceding Title 1 of this Code.

Amendments -1987.

Deleted former subsection (c) and redesignated former subsections (d) through (j) as subsections (c) through (i). -1986.

Subsection (i)(5): Repealed. -1982.

Subsection (i)(5): Added.

Effective date.

For effective date of this section, see note under section 901 of this title.

ANNOTATIONS

1. Generally.

The provisions of the Coastal Zone Management Act contemplate management or regulatory activities relating to the trust lands by numerous departments or agencies; interagency cooperation is mandated by the Act., 10 V.I. Op. Att’y Gen. 39.

2. Particular cases.

Where the agreement between resort developer and Government of Virgin Islands granted developer the right to use coastal island for commercial purposes but not unlimited discretion to develop island for that use; Government’s application of Coastal Zone Management Act to developer did not impair any of developer’s contractual rights, and summary judgment was appropriately granted in favor of Government on developer’s breach of contract claim. Tamarind Resort Assocs. v. Virgin Islands, 138 F.3d 107, 39 V.I. 485, 1998 U.S. App. LEXIS 4102 (3d Cir. V.I. 1998).

The Board of Land Use Appeals exceeded its authority in ordering the division of Environmental Protection to issue water quality certification to the hotel and marina developer; although the Board and the coastal Zone Management Committee could properly make the granting of the permit contingent on the developer obtaining the certification, on remand neither the Committee nor the board could require the Division to issue certification. Virgin Islands Conservation Soc’y v. Virgin Islands Bd. of Land Use Appeals, 857 F. Supp. 1112, 30 V.I. 191, 1994 U.S. Dist. LEXIS 8364 (D.V.I. 1994).

12 V.I.C. § 905, VI ST T. 12 § 905

Statutes current through Act 8310 of the 33rd Legislature, including all code changes through July 21, 2020.

End of Document

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Virgin Islands Code Annotated Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

12 V.I.C. § 906

§ 906 Specific policies applicable to the first tier of the coastal zone

Consistent with the basic goals set forth in section 903(b) of this chapter, and except as may otherwise be specifically provided in this chapter, the policies set forth in this section shall apply to all proposed developments in the first tier of the coastal zone, and no such development shall be approved which is inconsistent with such goals and policies.

(a) Development policies in the first tier shall be as follows:

(1) to guide new development to the maximum extent feasible into locations with, contiguous with, or in close proximity to existing developed sites and into areas with adequate public services and to allow well-planned, self-sufficient development in other suitable areas where it will have no significant adverse effects, individually or cumulative, on coastal zone resources;

(2) to give highest priority to water dependent uses, particularly in those areas suitable for commercial uses including resort hotels and related facilities, industrial uses including port and marine facilities, and recreation; to give secondary priority to those uses that are water-related or have special siting needs; and to discourage uses which are neither water-dependent, water-related nor have special siting needs in areas suitable for the highest and secondary priority uses;

(3) to assure that new or expanded public capital improvement projects will be designed to accommodate those needs generated by development or uses permitted consistent with the Coastal Land and Water Use Plan and provisions of this chapter;

(4) to assure that all new subdivisions, in addition to the other requirements contained in this chapter and in the Virgin Islands Zoning and Subdivision Law, are physically suitable for the proposed sites and are designed and improved so as to avoid causing environmental damage or problems of public health;

(5) to encourage waterfront redevelopment and renewal in developed harbors in order to preserve and improve physical and visual access to the waterfront from residential neighborhoods and commercial downtown areas;

(6) to assure that development will be cited and designed to protect views to and along the sea and scenic coastal areas, to minimize the alteration of natural land forms, and to be visually compatible with the character of surrounding areas;

(7) to encourage fishing and carefully monitor mariculture and, to the maximum extent feasible, to protect local fishing activities from encroachment by non-related development;

(8) to assure that dredging or filling of submerged lands is clearly in the public interest; and to ensure that such proposals are consistent with specific marine environment policies contained in this chapter. To these ends, the diking, filling or dredging of coastal waters, salt ponds, lagoons, marshes or estuaries may be permitted in accordance with other applicable provisions of this chapter only where there are no feasible, less environmentally-damaging alternatives and, where feasible, mitigation measures have been provided to minimize adverse environmental effects, and in any event shall be limited to the following: (i) maintenance dredging required for existing navigational channels, vessel berthing and mooring areas; (ii) incidental public service purposes, including but not limited to the burying of cables and pipes, the inspection of piers and the maintenance of existing intake and out-fall lines; (iii) new or expanded port, oil, gas and water transportation, and coastal dependent industrial uses, including commercial fishing facilities, cruise ship facilities, and boating facilities and marinas; (iv) except as restricted by federal law, mineral extraction, including sand, provided that such extraction shall be prohibited in significant natural areas; and (v) restoration purposes;

(9) to the extent feasible, discourage further growth and development in flood-prone areas and assure that development in these areas is so designed as to minimize risks to life and property;

(10) to comply with all other applicable laws, rules, regulations, standards and criteria of public agencies.

(b) Environmental policies in the first tier shall be as follows:

(1) to conserve significant natural areas for their contributions to marine productivity and value as habitats for endangered species and other wildlife;

(2) to protect complexes of marine resource systems of unique productivity, including reefs, marine meadows, salt ponds, mangroves and other natural systems, and assure that activities in or adjacent to such complexes are designed and carried out so as to minimize adverse effects on marine productivity, habitat value, storm buffering capabilities, and water quality of the entire complex;

(3) to consider use impacts on marine life and adjacent and related coastal environment;

(4) to assure that siting criteria, performance standards, and activity regulations are stringently enforced and upgraded to reflect advances in related technology and knowledge of adverse effects on marine productivity and public health;

(5) to assure that existing water quality standards for all point source discharge activities are stringently enforced and that the standards are continually upgraded to achieve the highest possible conformance with federally-promulgated water quality criteria;

(6) to preserve and protect the environments of offshore islands and cays;

(7) to accommodate offshore sand and gravel mining needs in areas and in ways that will not adversely affect marine resources and navigation. To this end, sand, rock, mineral, marine growth and coral (including black coral), natural materials, or other natural products of the sea, excepting fish and wildlife, shall not be taken from the shorelines without first obtaining a coastal zone permit, and no permit shall be granted unless it is established that such materials or products are not otherwise obtainable at reasonable cost, and that the removal of such materials or products will not significantly alter the physical characteristics of the area or adjacent areas on an immediate or long-term basis; or unless the Commission has determined that a surplus of such materials or products exists at specifically designated locations;

(8) to assure the dredging and disposal of dredged material will cause minimal adverse affects to marine and wildlife habitats and water circulation;

(9) to assure that development in areas adjacent to environmentally-sensitive habitat areas, especially those of endangered species, significant natural areas, and parks and recreations areas, is sited and designed to prevent impacts which would significantly degrade such areas;

(10) to assure all of the foregoing, development must be designed so that adverse impacts on marine productivity, habitat value, storm buffering capabilities and water quality are minimized to the greatest feasible extent by careful integration of construction with the site. Significant erosion, sediment transport, land settlement or environmental degradation of the site shall be identified in the environmental assessment report prepared for or used in the review of the development, or described in any other study, report, test results or comparable documents.

(c) Amenity policies in the first tier shall be as follows:

(1) to protect and, where feasible or appropriate, enhance and increase public coastal recreational uses, areas and facilities;

(2) to protect and enhance the characteristics of those coastal areas which are most valued by the public as amenities and which are scarce, or would be significantly altered in character by development, or which would cause significant environmental degradation if developed;

(3) to preserve agricultural land uses in the coastal zone by encouraging either maintenance of such present agricultural use or use as open-space areas;

(4) to incorporate visual concern into the early stages of the planning and design of facilities proposed by siting in the coastal zone and, to the extent feasible, maintain or expand visual access to the coastline and coastal waters;

(5) to foster, protect, improve, and ensure optimum access to, and recreational opportunities at, the shoreline for all the people consistent with public rights, constitutionally-protected rights of private property owners, and the need to protect natural resources from overuse;

(6) to ensure that development will not interfere with the public’s right of access to the sea where acquired through customary use, legislative authorization or dedication, including without limitation the use of beaches to the landward extent of the shoreline;

(7) to require, in the discretion of the appropriate Committee of the Commission, that public access from the nearest public roadway to the shoreline be dedicated in land subdivisions or in new development projects requiring a major coastal zone permit. Factors to be considered in requiring such dedication of public access include (i) whether it is consistent with public safety or protection of fragile coastal zone resources; (ii) whether adequate public access exists nearby; (iii) whether existing or proposed uses or development would be adversely affected; (iv) consideration of the type of shoreline and its appropriate potential recreational, educational, and scientific uses; and (v) the likelihood of trespass on private property resulting from such access and availability of reasonable means for avoiding such trespass. Dedicated accessways shall not be required to be open to public use until a public agency or private association agrees to accept responsibility for providing off-street parking areas and for maintenance and liability of the accessway, shoreline and beach areas. Nothing in this subsection shall be construed as restricting existing public access nor shall it excuse the performance of duties and responsibilities of public agencies as provided by law to acquire or provide public access to the shoreline. This provision shall not be construed as requiring free use of private facilities on land adjoining any beach or shoreline but only as requiring access to the beach or shoreline to the general public as a condition precedent to the grant of a coastal zone permit.

Credits

-Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 293.

HISTORY

Effective date.

For effective date of this section, see note under section 901 of this title.

ANNOTATIONS

1. Generally.

A major purpose of the Coastal Zone Management Act is to avoid conflict and encourage cooperation in developing a comprehensive plan for long-term management of the coastal zone, including the trust lands. Coastal Zone Management Commission., 10 V.I. Op. Att’y Gen. 39.

12 V.I.C. § 906, VI ST T. 12 § 906

Statutes current through Act 8310 of the 33rd Legislature, including all code changes through July 21, 2020.

End of Document

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Virgin Islands Code Annotated Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

12 V.I.C. § 907

§ 907 The Coastal Land and Water Use Plan

The Coastal Land and Water Use Plan, identified as Document Numbers LWUP-1-4, inclusive, are hereby approved and shall be implemented. This plan shall be used to the maximum extent feasible as the long-range guide by the Commission, Commissioner, Virgin Islands Planning Office and any other agency of the Government of the United States Virgin Islands, in reviewing and recommending zoning amendments, capital improvement programs or projects, public land acquisition or disposition, designating areas of particular concern, and other development activities within the first tier of the coastal zone, but excluding development activities requiring a coastal zone permit under section 910 of this chapter. The Coastal Land and Water Use Plan is not intended to change any of the existing zoning district maps, or place any limitations on any of the uses permitted in the zoning districts established pursuant to Title 29, chapter 3, of this Code.

Credits

-Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 297.

HISTORY

Revision notes.

Substituted ‘Government of the United States Virgin Islands‘ for ‘Government of the Virgin Islands‘ for purposes of clarity pursuant to section 14 of Title 1.

Effective date.

For effective date of this section, see note under section 901 of this title.

CROSS REFERENCES

Planning Office as Division of Planning within Department of Planning and Natural Resources, see § 402 of Title 3.

ANNOTATIONS

1. Legislative authority.

The Legislature is authorized and free, in its sole discretion, to amend any provision of the zoning law, zoning maps, or zoning boundaries without running afoul of an individual’s Fifth Amendment rights, provided certain procedures are followed. Envtl. Ass’n v. Dep’t of Planning & Natural Res., 44 V.I. 218, 2002 V.I. LEXIS 12 (V.I. Terr. Ct. 2002).

12 V.I.C. § 907, VI ST T. 12 § 907

Statutes current through Act 8310 of the 33rd Legislature, including all code changes through July 21, 2020.

End of Document

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Virgin Islands Code Annotated Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

12 V.I.C. § 908

§ 908 Coastal zone boundary maps

The boundaries and identification of the coastal zone, including the first and second tier established by this chapter, are shown on the Coastal Zone Management Plan Maps, identified as Document Number STCZM-1 to 5, SCCZM-1 to 11, SJCZM-1 to 4, and OICZM-1, inclusive, which are filed in the Office of the Lieutenant Governor (with copies in the offices of the Commissioner and the Virgin Islands Planning Office), and shall be interpreted by the Commissioner. Such maps are hereby declared to be part of this chapter as if fully set forth herein.

Credits

-Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 297.

HISTORY

Effective date.

For effective date of this section, see note under section 901 of this title.

CROSS REFERENCES

Planning Office as Division of Planning within Department of Planning and Natural Resources, see § 402 of Title 3.

12 V.I.C. § 908, VI ST T. 12 § 908

Statutes current through Act 8310 of the 33rd Legislature, including all code changes through July 21, 2020.

End of Document

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Virgin Islands Code Annotated Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

12 V.I.C. § 909

§ 909 Areas of particular concern

The Commission may recommend, after reasonable notice and public hearings, designation of areas of particular concern within the first tier of the coastal zone and submit such recommendations to the Legislature for adoption. In recommending the designation of areas of particular concern, criteria for selection and implementing actions shall be included in a report prepared and adopted by the Commission.

Credits

-Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 297.

HISTORY

Effective date.

For effective date of this section, see note under section 901 of this title.

ANNOTATIONS

1. Application.

The Coastal Zone Management Committee and the Board of Land Use Appeals did not err in recognizing the Salt River estuary as a designated area of particular concern; statutory requirements were never met, and therefor the designation contained in the program submitted to the federal government did not have any legal force. Virgin Islands Conservation Soc’y v. Virgin Islands Bd. of Land Use Appeals, 857 F. Supp. 1112, 30 V.I. 191, 1994 U.S. Dist. LEXIS 8364 (D.V.I. 1994).

12 V.I.C. § 909, VI ST T. 12 § 909

Statutes current through Act 8310 of the 33rd Legislature, including all code changes through July 21, 2020.

End of Document

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Virgin Islands Code Annotated Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

12 V.I.C. § 910

§ 910 Coastal zone permit

(a) When required, terms and conditions.

(1) On or after the effective date of this chapter, any person wishing to perform or undertake any development in the first tier of the coastal zone, except as provided in subsection (b) of this section, shall obtain a coastal zone permit in addition to obtaining any other permit required by law from any public agency prior to performing or undertaking any development.

(2) A permit shall be granted for a development if the appropriate Committee of the Commission or the Commissioner, whichever is applicable, finds that (A) the development is consistent with the basic goals, policies and standards provided in sections 903 and 906 of this chapter; and (B) the development as finally proposed incorporates to the maximum extent feasible mitigation measures to substantially lessen or eliminate any and all adverse environmental impacts of the development; otherwise the permit application shall be denied. The applicant shall have the burden of proof to demonstrate compliance with these requirements; and (C) the applicant has presented certification from the Bureau of Internal Revenue and Department of Finance that the applicant has filed and paid all taxes, penalties and interest and from the Office of the Lieutenant Governor that the applicant has filed its required annual report or has satisfactorily made agreement to pay the taxes or file the required reports.

(3) Any coastal zone permit that is issued shall be subject to terms and conditions imposed by the appropriate Committee of the Commission or the Commissioner, whichever is applicable, in order to ensure that such development will be in accordance with the provisions of this chapter. To this end, any of the development provisions in section 299 of Title 29, chapter 3, of this Code may be made more or less restrictive by the appropriate Committee of the Commission in the case of a major coastal zone permit and more restrictive by the Commissioner in the case of a minor coastal zone permit.

(4) In connection with any land subdivision or major coastal zone permit issued for development adjacent to the shoreline, the appropriate Committee of the Commission may require the dedication of an easement or a fee interest in land for reasonable public access from public highways to the sea in accordance with section 906, subsection (c), paragraph (7) of this chapter.

(b) When not required or may be waived.

(1) Notwithstanding any provision in this chapter to the contrary, no coastal zone permit shall be required pursuant to this chapter for activities related to the repair or maintenance of an object or facility located in the coastal zone, where such activities shall not result in an addition to, or enlargement or expansion of, such object or facility.

(2) Where immediate action by a person or public agency performing a public service is required to protect life and public property from imminent danger, or to restore, repair, or maintain public works, utilities or services destroyed, damaged, or interrupted by natural disaster or serious accident, or in other cases of emergency, the requirement of obtaining a permit under this section may be waived by the appropriate Committee of the Commission or the Commissioner upon notification to the Commissioner of the type and location of the work, the length of time necessary to complete the work and the name of the person or public agency conducting the work.

(c) Standards for major and minor coastal zone permits. A major coastal zone permit shall be issued by the appropriate Committee of the Commission for all approved applications for development except:

(1) a development which is to be conducted completely or substantially seaward of the line of mean high tide and is designated by the appropriate Committee of the Commission pursuant to subsection (e), paragraph (5) of this section; or

(2) a development which is to be conducted completely landward of the line of mean high tide and satisfies one of the following criteria:

(A) the development consists of a subdivision, or the construction of one or two single-family residences or a duplex on any parcel of record on the effective date of this chapter; or

(B) the development consists entirely of improvements to an existing structure, which improvements cost the developer less than fifty-two thousand dollars ($52,000); or

(C) the development consists of one or more structures valued in their entirety at less than seventy-five thousand dollars ($75,000); or

(D) the development consists of any other development, except the extraction of minerals, valued at less than sixty-six thousand dollars ($66,000); or

(E) the development consists of the extraction of minerals valued at less than seventeen thousand dollars ($17,000), in which case a minor coastal zone permit shall be issued by the Commissioner; provided, however, that if the Commissioner, upon reviewing any minor permit application submitted pursuant to subsection (d), paragraph (3) of this section, determines that the proposed activity is likely to have significant adverse environmental consequences he shall, upon giving notice to the applicant, forward such application to the appropriate Committee of the Commission for review as a major coastal zone permit.

(d) Coastal zone permit procedures.

(1) Upon submission of any application for a coastal zone permit, which application shall specify the type of permit being sought, the Commissioner shall determine whether such application is complete. If the Commissioner determines that such application is not complete, he shall promptly notify, in no event more than 15 days after receipt thereof, the applicant of the deficiencies in such application.

(2) Upon determination by the Commissioner that an application for a major coastal zone permit is complete, the Commissioner shall promptly transmit a copy thereof to all relevant public agencies for review and comment within thirty days of the receipt thereof, and shall schedule a public hearing to be conducted by the appropriate Committee of the Commission on such application, said hearing to be held within sixty days of the receipt of such completed application.

(3) Upon receipt of an application for a minor coastal zone permit which is deemed complete by the Commissioner, the Commissioner shall promptly give written notice of the filing of such application to any person who requests such notification in writing. In addition, the Commissioner shall give such notice to any person who he determines would be affected by or any person interested in such development. Upon a request from any such person, the Commissioner shall transmit a copy of the application and shall request comments thereon within thirty days thereafter.

(4) The appropriate Committee of the Commission shall act upon a major coastal zone permit application within thirty days after the conclusion of the public hearing required by paragraph (2) of this subsection, and the Commissioner shall act upon a minor coastal zone permit application within sixty days after receipt thereof. Failure of the appropriate Committee of the Commission or the Commissioner to act within any time limit specified in this paragraph shall constitute an action taken and shall be deemed an approval of any such application. A copy of the decision of the appropriate Committee of the Commission or the Commissioner, whichever is applicable, on an application for a coastal zone permit shall be transmitted in writing to the applicant and to any person who requests a copy thereof.

(5) Any action by the appropriate Committee of the Commission or the Commissioner shall become final after the forty-fifth day following a decision, unless an appeal is filed with the Board of Land Use Appeals within such time. If such an appeal is filed, the operation and effect of the Committee’s or the Commissioner’s action shall be stayed pending a decision on appeal.

(6) If an application for a permit is denied by the appropriate Committee of the Commission pursuant to subsection (a), paragraph (2) of this section, or by the Board of Land Use Appeals pursuant to section 914 of this chapter, the applicant may submit another application for a coastal zone permit no sooner than one hundred-twenty days after the date of such denial

(7) Any development approved pursuant to this chapter, including any action by the Board of Land Use Appeals, shall be commenced, performed and completed in compliance with the provisions of the permits for such development granted or issued by the appropriate Committee of the Commission, the Commissioner, the Board of Land Use Appeals or any other public agency. Any development or construction approved by a coastal zone permit shall be commenced within twelve months from the date such permit is issued. Failure to commence development or construction within such period shall cause the permit to lapse and render it null and void unless an extension is granted by the appropriate Committee of the Commission or the Commissioner.

(e) Regulations. The Commission shall, in the manner required by law and after public hearings, adopt such supplementary regulations pertaining to the issuance of coastal zone permits as it deems necessary. The Commission may thereafter, in the manner required by law, and from time to time, after public hearings, modify or adopt additional regulations or guidelines as deemed necessary to carry out the provisions of this chapter; provided, any such rules, regulations, or guidelines issued by the Commission pursuant to this chapter may be modified, amended or revised by the Legislature in accordance with the provisions of subsection (b), section 913 of Title 3 of this Code. Such regulations shall include but are not limited to the following:

(1) procedures for the submission, review and denial or approval of coastal zone permit applications, and the form of application for coastal zone permits. The Commissioner shall devise a temporary application form which shall be used upon enactment of this chapter until such time as rules and regulations are adopted;

(2) information to be required in the application, including without limitation, proof or legal interest in the property, authority to sign the application, drawings, maps, data and charts concerning land and water uses and areas in the vicinity of the proposed development and, for major coastal permits, a completed environmental assessment report as defined in section 902, subsection (o) of this chapter and appropriate supplementary data reasonably required to describe and evaluate the proposed development and to determine whether the proposed development complies with statutory criteria under which it might be approved;

(3) any person who must alter trust lands or submerged or filled lands in order to compile the data required by this section must obtain prior written authorization from the appropriate Committee of the Commission for such alteration;

(4) the payment of a reasonable filing fee for the processing by the appropriate Committee of the Commission or the Commissioner of any application for a coastal zone permit. The funds received under this paragraph shall be placed in the Natural Resources Reclamation Fund as described and provided for in section 911, subsection (f), paragraph [(4)] of this chapter;

(5) designation of the types of development to be conducted completely or substantially seaward of the line of mean high tide requiring a minor coastal zone permit, including but not limited to swimming or navigation buoys, moorings for vessels, small intake and outfall pipes, small private pipes, small boat ramps or slips, and underwater transmission lines or cables;

(6) standards in addition to those set out in subsection (c) of this section for determining whether a development requires a minor coastal zone permit or a major coastal zone permit;

(7) requirements for the conduct and continuance of public hearings and the methods of providing public notice on major coastal zone permits. A public notice shall at a minimum state the nature and location of the proposed development, and the time and place of the public hearing, and shall be advertised in a newspaper of general circulation, and in addition be given to the applicant, any person who requests such notification in writing, any person who the Commissioner determines would be affected by or interested in such development, and the owner(s) of any/all lot(s) within or adjacent to the site of the proposed development. Joint public hearings may be held in conjunction with any such hearing required by any federal agency;

(8) contents of coastal zone permits;

(9) notifications of denial of applications;

(10) notices of completion and certificates of acknowledgment of compliance;

(11) amendment, modification and revocation of coastal zone permits;

(12) transfer or assignment of coastal zone permits.

(f) The Commissioner as Zoning Administrator. The Commissioner, pursuant to the provisions of Title 29, section 235, subsection (a), unnumbered paragraph 2 of this Code, as amended, shall perform the duties of the Zoning Administrator with respect to the administration and enforcement of the Zoning Law within the first tier of the coastal zone. However, the Commissioner, when performing the duties of the Zoning Administrator under this subsection, must comply with all of the requirements of Title 29 of this Code.

(g) Coordination with other permit requirements. Where the development or occupancy of trust lands or other submerged or filled lands, or other development in the coastal zone, requires separate and distinct approval from the United States Government or any agency, department, commission or bureau thereof, the coastal zone permit shall be contingent upon receipt of all other such permits and approvals, and no such development or occupancy shall commence prior to receipt of all of such permits and approvals.

Credits

-Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 298; amended July 30, 1987, No. 5270, § 1, Sess. L. 1987, p. 110; Dec. 31, 1987, No. 5293, §§ 2, 3, Sess. L. 1987, pp. 157, 158.

HISTORY

References in text.

The reference in subsection (a)(3) to section 299 of Title 29, chapter 3, appears to be incorrect; the reference probably should be to section 229 of Title 29.

Amendments -1987.

Subsection (a)(2): Act No. 5270 made minor changes in punctuation in clause (B) and added clause (C).

Subsection (a)(3): Act No. 5293 deleted ‘reasonable‘ preceding ‘terms and conditions‘ and substituted ‘imposed‘ for ‘imposed‘ thereafter in the first sentence, and substituted ‘section 299‘ for ‘section 229‘ in the second sentence.

Subsection (f): Act No. 5293 deleted ‘and the issuance of a coastal permit shall constitute compliance with the requirements of the zoning law‘ following ‘coastal zone‘ in the first sentence and added the second sentence.

Effective date.

For effective date of this section, see note under section 901 of this title.

Waiver of fees.

Act June 16, 1993, No. 5862, § 3, Sess. L. 1993, p. 93, provided:

‘All fees required by Sections 910 and 911, Chapter, 21, Title 12, Virgin Islands Code for the use and development of the publicly owned waters and submerged lands within and seaward of Enighed Pond for the proposed marine terminal, which are within the jurisdiction of the Department of Planning and Natural Resources, are waived.‘

ANNOTATIONS

1. Generally.

The Coastal Zone Management Committee failed to mention any examination of 12 V.I.C. § 910 and also failed to examine an Erosion and Sedimentation Control Plan under 12 V.I.C. § 903(b)(2)(9), both of which are required before the approval of any project or the granting of a coastal zone management permit. Environmental Ass’n v. Virgin Islands Bd. of Land Use Appeals, 885 F. Supp. 792, 31 V.I. 9, 1994 V.I. LEXIS 19 (V.I. Terr. Ct. 1994).

Pursuant to the terms of the Coastal Zone Management Act, a coastal zone permit is required only when a person wishes to perform or undertake any development in the first tier of the coastal zone. Coastal Zone Management Commission., 10 V.I. Op. Att’y Gen. 39.

2. Repair.

Plaintiff’s motion for declaratory and injunctive relief to allow proposed work on its coastal property to be characterized as ‘repair‘ of hurricane damage exempt from permit requirements rather than ‘development‘ under this chapter required dismissal; some evidence supported a finding that work in question constituted development within the express statutory language and statute’s basic goals, and therefore plaintiff was required to comply with permit requirements and exhaust its administrative remedies prior to judicial review. Water Island Hotel & Beach Club, Ltd. v. Government of Virgin Islands, 764 F. Supp. 1051, 26 V.I. 276, 1991 U.S. Dist. LEXIS 13424 (D.V.I. 1991).

3. Sufficiency of information.

The Coastal Zone Management Committee abdicated its statutory obligations by granting the permit for a hotel and marina development without first requiring developer to provide necessary information concerning environmental impact; the fact that the permit was conditioned on later submission of plans and studies indicated an absence of information, and until plans and studies were submitted the record before the Committee was incomplete. Virgin Islands Conservation Soc’y v. Virgin Islands Bd. of Land Use Appeals, 857 F. Supp. 1112, 30 V.I. 191, 1994 U.S. Dist. LEXIS 8364 (D.V.I. 1994).

4. Approval of subdivision permit.

The Commissioner of the Department of Planning and Natural Resources’ failure to respond to comments to petitioner regarding the approval of a subdivision permit was acceptable where such response was not mandated by statute. La Vallee Northside Civic Ass’n v. Virgin Is. Bd. of Land Use Appeals, 30 V.I. 9, 1994 V.I. LEXIS 6 (V.I. Terr. Ct. 1994).

5. Notification of adverse decision.

The Commissioner of Department of Planning and Natural Resources’ failure to notify petitioner of an adverse decision was acceptable where the statute required the Commissioner to notify only those interested citizens who requested notification, and Petitioner did not request such notification. La Vallee Northside Civic Ass’n v. Virgin Is. Bd. of Land Use Appeals, 30 V.I. 9, 1994 V.I. LEXIS 6 (V.I. Terr. Ct. 1994).

6. Mitigation measures.

Coastal Zone Management Committee acted arbitrarily and capriciously in approving permit application by not addressing whether the development as finally proposed incorporated to maximum extent feasible mitigation measures to lessen or eliminate adverse environmental impacts as required by 12 V.I.C. § 910(a)(2)(b). Environmental Ass’n v. Virgin Islands Bd. of Land Use Appeals, 885 F. Supp. 792, 31 V.I. 9, 1994 V.I. LEXIS 19 (V.I. Terr. Ct. 1994).

The Coastal Zone Management Committee granted a permit without a finding that the proposed hotel and marina would incorporate environmental mitigation measures to the maximum extent feasible; therefore on remand the Committee must make this finding and explain its basis before issuing any permits. Virgin Islands Conservation Soc’y v. Virgin Islands Bd. of Land Use Appeals, 857 F. Supp. 1112, 30 V.I. 191, 1994 U.S. Dist. LEXIS 8364 (D.V.I. 1994).

7. Due process rights.

Petitioner has no due process rights regarding subdivision beyond those in the statute when such Petitioner has no constitutionally protected property interest in the land to be subdivided. La Vallee Northside Civic Ass’n v. Virgin Is. Bd. of Land Use Appeals, 30 V.I. 9, 1994 V.I. LEXIS 6 (V.I. Terr. Ct. 1994).

8. Duty.

The Commissioner of the Department of Planning and Natural Resources is required to make a threshold decision as to whether or not a planned development will have significant adverse environmental consequences. La Vallee Northside Civic Ass’n v. Virgin Is. Bd. of Land Use Appeals, 30 V.I. 9, 1994 V.I. LEXIS 6 (V.I. Terr. Ct. 1994).

Cited.

Cited in Hans Lollik Corp. v. Government of the Virgin Islands, 17 V.I. 220, 1981 V.I. LEXIS 79 (Terr. Ct. St. T. and St. J. 1981); Great Cruz Bay Dev. Co. v. Virgin Islands Bd. of Land Use Appeals, 18 V.I. 536, 1981 U.S. Dist. LEXIS 9341 (D.C.V.I. 1981); Government of V.I., Dep’t of Conservation v. Virgin Islands Paving, Inc., 714 F.2d 283, 1983 U.S. App. LEXIS 25278 (3d Cir. 1983); La Vallee Northside Civic Ass’n v. Virgin Islands Coastal Zone Mgt. Comm’n, 866 F.2d 616, 1989 U.S. App. LEXIS 640 (3d Cir. 1989); LaVallee Northside Civic Ass’n v. Virgin Islands Coastal Zone Mgt. Comm’n, 23 V.I. 406, 1988 U.S. Dist. LEXIS 7037 (D.C.V.I. 1988); Virgin Islands Conservation Soc’y, Inc. v. Virgin Islands Bd. of Land Use Appeals, 24 V.I. 83, 1988 U.S. Dist. LEXIS 8621 (D.C.V.I. 1988); La Vallee Northside Civic Ass’n v. Virgin Islands Bd. of Land Use Appeals, 24 V.I. 88, 1988 U.S. Dist. LEXIS 9165 (D.C.V.I. 1988).

Notes to Unpublished Decisions

9. Time requirements.

Unpublished decision: Because the grant of a coastal zone permit was granted by operation of law once the coastal zone management committee failed to comply with the statutory time requirements, the committee had no discretion to reopen the proceedings. The applicant did not and could not waive or extend the time period for a decision on its application, as there was no authority to grant such relief; even if there was such authority, there was no express agreement between the parties. V.I. Conservation Soc’y, Inc. v. V.I. Bd. of Land Use Appeals, 2006 V.I. LEXIS 35 (V.I. Super. Ct. May 25, 2006), aff’d, in part, 49 V.I. 581, 2007 U.S. Dist. LEXIS 91458 (D.V.I. 2007).SUPERIOR COURT OF THE VIRGIN ISLANDS, DIVISION OF ST. CROIX

12 V.I.C. § 910, VI ST T. 12 § 910

Statutes current through Act 8310 of the 33rd Legislature, including all code changes through July 21, 2020.

End of Document

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Virgin Islands Code Annotated Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

12 V.I.C. § 911

§ 911 Additional requirements for development or occupancy of trust lands or other submerged or filled lands

(a) Permit required prior to development or occupancy.

(1) No person shall develop or occupy the trust lands or other submerged or filled lands of the United States Virgin Islands without securing a coastal zone permit which includes, in addition to the elements of a section 910 permit, a permit or lease for the development or occupancy of the trust lands or other submerged or filled lands.

(2) The provisions of this section shall be in addition to all other requirements of this chapter and shall apply to all applications for, and issuance of, permits for development or occupancy of the trust lands or other submerged or filled lands, and for modifications or renewals of permits or leases for such development or occupancy issued prior to the effective date of this chapter.

(b) Applications and procedures.

(1) The Commission shall, in the manner required by law, adopt regulations governing the filing, content, review and processing of applications for coastal zone permits that include development or occupancy of trust lands or other submerged or filled lands; provided, however, that all applications for coastal zone permits that include development or occupancy of trust lands or other submerged or filled lands, shall include:

(A) an environmental assessment report, as defined in section 902, subsection (o) of this chapter, of the prevailing environmental conditions of the site and adjacent properties. The report must clearly indicate probable effects, including adverse effects, to the general environment should the proposed alteration be implemented;

(B) a complete and exact written description of the proposed site, including charts, maps, photographs, topographic charts, submerged land contours, and subsurface profiles in accordance with the scope and complexity of the work and the site;

(C) a complete and exact written description of the proposed occupancy or development for which the permit is sought, defining construction methods. This description must include the details of supervisory and control procedures and credentials of the personnel responsible for this function;

(D) a written statement of alternatives, if any, to the proposed alteration.

(2) The applicant for a coastal zone permit that includes development or occupancy of trust lands or other submerged or filled lands shall have the burden of proof in demonstrating that it meets the requisite criteria established by this section.

(3) The appropriate Committee of the Commission or the Commissioner may recommend such reasonable terms and conditions to be included in any coastal zone permit that includes an occupancy or development permit or lease issued pursuant to this section as it deems necessary to ensure that such occupancy and development will be in accordance with the provisions of this chapter.

(c) Additional findings necessary. The appropriate Committee of the Commission or the Commissioner shall deny an application under section 910 hereof for a coastal zone permit which includes development or occupancy of trust lands or other submerged or filled lands, unless it or he makes all of the following findings:

(1) that the application is consistent with the basic goals of section 903 and with the policies and standards of section 906 of this chapter;

(2) that the grant of such permit will clearly serve the public good, will be in the public interest and will not adversely affect the public health, safety and general welfare or cause significant adverse environmental effects;

(3) that the occupancy and/or development to be authorized by such a permit will enhance the existing environment or will result in minimum damage to the existing environment;

(4) that there is no reasonably feasible alternative to the contemplated use or activity which would reduce the adverse environmental impact upon the trust lands or other submerged or filled lands;

(5) that there will be compliance with the United States Virgin Islands territorial air and water quality standards;

(6) that the occupancy and/or development will be adequately supervised and controlled to prevent adverse environmental effects; and

(7) that in the case of the grant of an occupancy or development lease, an occupancy or development permit for the filled land is not sufficient or appropriate to meet the needs of the applicant for such lease. The burden of proving such insufficiency or inappropriateness shall be upon the applicant.

(d) Terms of occupancy and development permits and leases.

(1) A coastal zone permit that includes an occupancy or development permit shall be issued for a definite term, shall not constitute a property right and shall be renewable only if the requirements of this section for the approval and issuance of such permits are satisfied.

(2) A coastal zone permit that includes an occupancy or development lease shall only be granted for a particular parcel of filled land for a lease period of not more than 20 years; provided, that nothing in this subsection shall prohibit a lessee or permittee from executing a new lease at the end of the 20 year period. Any lease executed at the end of the lease period shall meet the requirements of this chapter and shall be approved by the Governor and ratified by the Legislature.

(e) Approval by Governor and ratification by Legislature of coastal zone permits that include development or occupancy of trust lands or other submerged or filled lands. Any coastal zone permit which the appropriate Committee of the Commission or the Commissioner recommends for approval pursuant to this section, together with the recommended terms and conditions thereof, shall be forwarded by the Committee or Commissioner to the Governor for the Governor’s approval or disapproval within thirty days following the Committee’s or Commissioner’s final action on the application for the coastal zone permit or the Board’s decision on appeal to grant such a permit. The Governor’s approval of any such permit or lease must be ratified by the Legislature of the United States Virgin Islands. Upon approval and ratification of such permit, occupancy and any development proposed in connection therewith shall not commence until the permittee has complied with the requirements of the United States Army Corps of Engineers pursuant to Title 33 of the United States Code.

(f) Rental and reclamation fees.

(1) Coastal zone permits issued pursuant to this section shall provide for the payment by the permittee or lessee of a rental fee. The payment of rental fees may be waived when determined to be in the public interest.

(2) Coastal zone permits issued pursuant to this section which provide for or authorize the dredging and/or removal of sand, gravel, coral or aggregate shall provide for the payment of a reclamation fee.

(3) The Commission shall, in the manner required by law for the adoption of rules and regulations, and after public hearings, establish a schedule of reasonable fees for the administration of this section.

(4) Rental and reclamation fees paid pursuant to this section shall be paid to the Commissioner and covered into the Natural Resources Reclamation Fund, which fund is hereby continued by this paragraph, without hiatus, from existing law. The Commissioner of Finance is directed to maintain and provide for the administration of this fund as a separate and distinct fund in the Treasury, and to authorize disbursements therefrom, upon the certification of the Commissioner, to meet expenses incurred in the administration and enforcement of the provisions of this chapter and in the discharge of the Commission’s duties thereunder. The Fund shall consist of permit and other fees and fines paid pursuant to the provisions of this chapter, and such other funds as may from time to time be appropriated thereto by the Legislature. However, if the balance in the Natural Resources Reclamation Fund equals $275,000, all monies which would otherwise be covered into such Fund shall be deposited in the General Fund.

(5) Repealed.

(g) Modification and revocation. In addition to any other powers of enforcement set forth in section 913 of this chapter, the Governor may modify or revoke any coastal zone permit that includes development or occupancy of trust lands or submerged or filled lands approved pursuant to this section upon a written determination that such action is in the public interest and that it is necessary to prevent significant environmental damage to coastal zone resources and to protect the public health, safety and general welfare. Such written determination shall be delivered both to the permittee and to the Legislature, together with a statement of the reasons therefor. It shall state the effective date of such modification or revocation, and shall provide a reasonable time in which the permittee or lessee either may correct the deficiencies stated in such written determination or may establish, to the Governor’s satisfaction, that any or all of the deficiencies or reasons stated therein are incorrect. If the permittee shall fail to correct or establish the inaccuracy of such deficiencies or reasons within the time provided in such written determination, the modification or revocation of such occupancy permit shall be effective as of the date stated therein; provided, however, that the Legislature, shall ratify the Governor’s action within thirty days after said effective date. The failure of the Legislature, either to ratify or rescind the Governor’s action within said thirty-day period shall constitute a ratification of the Governor’s action.

(h) Transporting of sand or other aggregate. Every transporter of sand, gravel, coral, aggregate, minerals or other natural products of the sea, excepting fish and wildlife, from the trust lands or other submerged or filled lands shall display a coastal zone permit and an occupancy permit or lease as proof of authorization for such transport. The contents of such permit or lease and the manner of its display shall be prescribed by the Commission by regulation. To enforce this requirement, the Commissioner or his duly authorized representative shall have the right to stop any motor vehicle transporting sand, gravel, coral, aggregate, minerals or other natural products of the sea, excepting fish and wildlife, on the public roads and highways of the United States Virgin Islands for the purpose of ascertaining whether the material being transported has been taken from the trust lands or other submerged or filled lands and whether a coastal zone permit or occupancy permit or lease has been issued authorizing its removal pursuant to this chapter.

Credits

-Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 303; amended Oct. 19, 1984, No. 5014, § 304(b), Sess. L. 1984, p. 374; June 24, 1987, No. 5265, § 305(b), Sess. L. 1987, p. 54; July 30, 1987, No. 5270, § 3, Sess. L. 1987, p. 111; Sept. 11, 1992, No. 5810, §§ 2, 3, Sess. L. 1992, p. 117; Jan. 7, 1992, No. 5824, § 5, Sess. L. 1992, p. 172; Sept. 16, 2009, No. 7098, §§ 1, 2, Sess. L. 2009, p. 170; July 18, 2012, No. 7380, § 1, Sess. L. 2012, p. 174.

HISTORY

Revision notes.

Inserted ‘United States‘ preceding ‘Virgin Islands‘ throughout the section for purposes of clarity pursuant to section 14 of Title 1.

Amendments -2012.

Act 7380, § 1, deleted ‘or in the event the Legislature is not in session, by the Committee on Conservation, Recreation and Cultural Affairs‘ at the end of subsection (d)(2). -2009.

Act 7098, § 1, deleted ‘or, in the event that the Legislature is not in session, by the Committee on Conservation, Recreation and Cultural Affairs of the Legislature‘ at the end of the second sentence of subsection (e).

Act 7098, § 2, deleted ‘or its Committee on Conservation, Recreation and Cultural Affairs if the Legislature is not in session‘ in subsection (g). -1992.

Subsection (f)(1): Act Nos. 5810 and 5824 added the second sentence.

Subsection (f)(5): Repealed by Act No. 5810. -1987.

Subsection (d)(2): Act No. 5270 added ‘provided, that nothing in this subsection shall prohibit a lessee or permittee from executing a new lease at the end of the 20 year period‘ at the end of the first sentence and added the second sentence.

Subsection (f)(5): Added by Act No. 5265. -1984.

Subsection (f)(4): Added the fourth sentence.

Effective date.

For effective date of this section, see note under section 901 of this title.

Effective date of amendments

-1987, Act No. 5265.

Act June 24, 1987, No. 5265, § 305(c), Sess. L. 1987, p. 54, provided that the section of the act that amended subsection (f) of this section shall take effect Oct. 1, 1987.

Government lease of Crown Bay Fill Parcels.

Act July 10, 1997, No. 6136, § 2, Sess. L. 1997, p 30, provided:

‘Notwithstanding the provisions of Title 12, Virgin Islands Code, section 911(d)(2), section 911 (c)(7), or any other provision of law to the contrary, the Government is authorized to lease to Banco Popular for a period of 99 years the Crown Bay Fill Parcels and no occupancy permit shall be required. Banco Popular will, however, be required to submit an application for and obtain, in accordance with applicable law, a Coastal Zone Management permit for the development of the Crown Bay Fill Parcels and the construction of improvements thereon.‘

Waiver of fee.

Act June 16, 1993, No. 5862, § 3, Sess. L. 1993, p. 93, provided:

‘All fees required by Sections 910 and 911, Chapter, 21, Title 12, Virgin Islands Code for the use and development of the publicly owned waters and submerged lands within and seaward of Enighed Pond for the proposed marine terminal, which are within the jurisdiction of the Department of Planning and Natural Resources, are waived.‘

Act Jan. 3, 1991, No. 5695, Sess. L. 1990, p. 588, provided:

‘Notwithstanding the provisions of Title 12, chapter 21, section 911, subsection (f), paragraph (5), Virgin Islands Code, no fee shall be required for the occupancy of submerged lands for the Frederiksted Pier, St. Croix; provided, however, that all other applicable provisions of law with respect to CZM permits and leasing of government property shall apply.‘

ANNOTATIONS

1. Management of government-owned commercial facilities.

The responsibility for management of government-owned facilities leased for commercial purposes in coastal zones is in the Department of Conservation and Cultural Affairs., 9 V.I. Op. Att’y Gen. 143.

Coastal Zone Management Commission, and not the Commissioner of Property and Procurement, has the authority to regulate the use of all Coastal Zone land. Department of Conservation and Cultural Affairs., 9 V.I. Op. Att’y Gen. 143.

2. Disposition of income from government-owned commercial facilities.

Rental income from government-owned commercial facilities in coastal zones is properly payable into the Natural Resources Reclamation Fund by the Commissioner of Conservation and Cultural Affairs., 9 V.I. Op. Att’y Gen. 143.

3. Water quality standards.

Since the Coastal Zone Management Committee granted a permit for development on an incomplete record, the Committee on remand must reevaluate whether the project complied with Territorial water quality standards, giving substantial deference to findings of the Division of Environmental Protection. Virgin Islands Conservation Soc’y, Inc. v. Virgin Islands Bd. of Land Use Appeals, 857 F. Supp. 1112, 30 V.I. 191, 1994 U.S. Dist. LEXIS 8364 (D.C.V.I. 1994).

Cited.

Cited in Standing Comm on Conservation v. Virgin Islands Port Auth., 21 V.I. 584, 1985 V.I. LEXIS 1 (Terr. Ct. St. T. and St. J. 1985).

12 V.I.C. § 911, VI ST T. 12 § 911

Statutes current through Act 8310 of the 33rd Legislature, including all code changes through July 21, 2020.

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Virgin Islands Code Annotated Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

12 V.I.C. § 912

§ 912 Planning program

(a) Setting of boundaries, establishment of titles, identification of access and amendments. The Commission, with the assistance of the Planning Office, the Attorney General and other public agencies, shall conduct a comprehensive survey of the shorelines of the United States Virgin Islands to establish the landward boundaries of such shorelines in accordance with this chapter; shall conduct a comprehensive study to determine the existing status of title, ownership and control, in accordance with the provisions of this chapter, of all land within or adjoining the shorelines; and shall prepare surveys, maps and charts showing existing routes of public access to the shorelines.

(b) Continued planning. To ensure that the provisions of this chapter are regularly reviewed and the recommendations for revisions of, or amendments to, the Virgin Islands Coastal Zone Management Program will be reviewed and developed, and to supplement the activities of other public agencies in matters relating to the planning for and management of the coastal zone and to provide for continued territorial coastal planning and management, the Virgin Islands Planning Office shall undertake on a continuing basis such activity and research as is necessary to maintain a continued involvement in the coastal zone management process and shall be responsible, with the assistance of the Commission, for comprehensive planning in the coastal zone, for review of all amendments to the Virgin Islands Coastal Zone Management Program, and for recommending the designation of areas of particular concern.

(c) Amendments. Any provisions of this chapter, including the boundaries of the coastal zone and the use designations on the Land and Water Use Plan, may be amended or repealed by the Legislature of the United States Virgin Islands. The procedures and requirements for such amendment shall be the same as provided in Title 29, section 238 of this Code for amendments to the Zoning Law. All proposed amendments not initiated by the Commission shall be referred by the Planning Office to the Commissioner for comment prior to public hearing.

Credits

-Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 308.

HISTORY

Revision notes.

Inserted ‘United States‘ preceding ‘Virgin Islands‘ twice in the section for purposes of clarity pursuant to section 14 of Title 1.

Effective date.

For effective date of this section, see note under section 901 of this title.

CROSS REFERENCES

Planning Office as Division of Planning within Department of Planning and Natural Resources, see § 402 of Title 3.

12 V.I.C. § 912, VI ST T. 12 § 912

Statutes current through Act 8310 of the 33rd Legislature, including all code changes through July 21, 2020.

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Virgin Islands Code Annotated Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

12 V.I.C. § 913

§ 913 Enforcement, penalties and judicial review

(a) General. The provisions of this section shall be cumulative and not exclusive and shall be in addition to any other remedies available at law or equity.

(b) Enforcement.

(1) Any person may maintain an action for declaratory and equitable relief to restrain any violation of this chapter. On a prima facie showing of a violation of this chapter, preliminary equitable relief shall be issued to restrain any further violation hereof. No bond shall be required for an action under this subsection.

(2) Any person may maintain an action to compel the performance of the duties specifically imposed upon the Commission or the Commissioner of any public agency by this chapter; provided, however, that no such action shall be brought prior to thirty days after written notice has been given to the Commission, its Committees, the Commissioner, or such public agency by the complainant specifying the duties which the complainant alleges have not been performed. No bond shall be required for an action under this subsection.

(3) The appropriate Committee of the Commission and the Commissioner shall regularly monitor a permittee’s compliance with the terms and conditions of its coastal zone permit.

(4) The Commission, its Committees and the Commissioner shall have the power to enter at reasonable times upon any lands or waters in the coastal zone for which a coastal zone permit has been issued, and the permittee shall permit such entry for the purpose of inspecting and ascertaining compliance with the terms and conditions of said coastal zone permit, and to have access to such records as the Commission, its Committees or the Commissioner in the performance of its or his duties hereunder may require permittee to maintain. Such records may be examined and copies shall be submitted to the Commission or Commissioner upon request.

(5) Violation of any term or condition of any coastal zone permit issued or approved pursuant to this chapter shall be grounds for revocation or suspension thereof. Violation of any term or condition of any occupancy or development permit or lease issued prior to the effective date of this chapter shall, to the maximum extent permitted by law, be grounds for revocation or suspension thereof.

(6) When the Commission or Commissioner has reason to believe that any person has undertaken, or is threatening to undertake, any activity that may require a coastal zone permit without securing a coastal zone permit, or that may be inconsistent with any coastal zone permit previously issued, the Commission or Commissioner may issue a written order directing such person to cease and desist. The cease and desist order shall state the reasons for the Commission’s or Commissioner’s decision and may be subject to such terms and conditions as the Commission or Commissioner deems necessary to insure compliance with the provisions of this chapter including, without limitation, immediate removal of any fill or other material, suspension of the coastal zone permit, or the setting of a schedule within which steps must be taken to obtain a coastal zone permit pursuant to this chapter. Said order shall be served by certified mail or hand delivery upon the person being charged with the actual or threatened violation of this chapter, and shall be effective upon issuance; provided, however, that such order shall grant the opportunity for a hearing.

(7) In addition to any other remedy provided herein or at law or equity, the Attorney General, the Commission or Commissioner may institute a civil action in the District Court of the United States Virgin Islands for an injunction or other appropriate relief, including revocation of a permit issued hereunder, or an order to prevent any person from violating the provisions of this chapter, including occupying or developing the trust lands or other submerged or filled lands, or to enforce any cease and desist order or any regulations issued hereunder.

(c) Penalties.

(1) Any person who violates any provision of this chapter, or any regulation or order issued hereunder, shall be subject to a civil fine of not to exceed ten thousand ($10,000) dollars.

(2) Any violation of this chapter or any regulation or order issued hereunder shall constitute a misdemeanor. Any person convicted of such a violation shall be fined in accordance with the provisions of subsection (c), paragraph (1) hereinabove, or imprisoned not more than one year, or both.

(3) In addition to any other penalties provided by law, any person who intentionally and knowingly performs any development in violation of this chapter shall be subject to a civil fine of not less than one thousand dollars nor more than ten thousand dollars per day for each day during which such violation occurs.

(4) In addition to the foregoing and in order to deter further violations of the provisions of this chapter, the Attorney General, the Commission or Commissioner may maintain an action for exemplary damages, the amount of which is left to the discretion of the court, against any person who has intentionally and knowingly violated any provisions of this chapter.

(5) All civil penalties permitted herein shall be assessed by the appropriate court; provided, however, that at such time, if any, that the Commission may promulgate rules and regulations establishing a procedure for the administrative assessment of civil penalties, it or the Commissioner shall have the alternative of proceeding by means of court assessment or such administrative procedure. The Commission is hereby authorized to promulgate all rules and regulations it deems necessary to implement the alternatives allowed by this paragraph.

(6) All fines collected under the provisions of this subsection (c) shall be deposited into the Natural Resources Reclamation Fund provided for in section 911, subsection (f), paragraph (4) of this chapter.

(d) Judicial review-Writ of review. Pursuant to Title 5, chapter 97 and Appendix V, Rules 10 and 11 of this Code, a petition for writ or review may be filed in the District Court of the United States Virgin Islands in the case of any person aggrieved by the granting or denial of an application for a coastal zone permit, including a permit or lease for the development or occupancy of the trust lands or other submerged or filled lands, or the issuance of a cease and desist order, within forty-five days after such decision or order has become final provided that such administrative remedies as are provided by this chapter have been exhausted.

Credits

-Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 309.

HISTORY

Revision notes.

Inserted ‘United States‘ preceding ‘Virgin Islands‘ in subsections (b)(7) and (d) for purposes of clarity pursuant to section 14 of Title 1.

References in text.

The reference to Appendix V, Rules 10 and 11, in subsection (d) is obsolete. 5 V.I.C., Appendix was replaced in 1992 with Virgin Islands Court Rules Annotated. The District Court Rules formerly classified to 5 V.I.C., Appendix V were superseded by the Local Rules of Civil Procedure of the District Court, effective July 21, 1992.

Effective date.

For effective date of this section, see note under section 901 of this title.

ANNOTATIONS

1. Actions.

Action for declaratory relief to restrain violations of Coastal Zone Management Act may be brought to restrain coastal zone development made in violation of a permit or development done without a permit, or where the Act does not provide for administrative review of the action complained of. LaVellee Northside Civic Ass’n v. Virgin Islands Coastal Zone Management Com., 23 V.I. 406, 1988 U.S. Dist. LEXIS 7037 (D.V.I. 1988), aff’d, 866 F.2d 616, 1989 U.S. App. LEXIS 640 (3d Cir. V.I. 1989).

2. Preliminary equitable relief.

Since section 903 of this title contains an implicit finding that violations of this chapter will harm the public, courts may grant preliminary equitable relief under subsection (b)(1) of this section on a showing of a statutory violation without requiring any additional showing of irreparable harm. Government of Virgin Islands, Dep’t of Conservation & Cultural Affairs v. Virgin Islands Paving, Inc., 714 F.2d 283, 19 V.I. 642, 1983 U.S. App. LEXIS 25278 (3d Cir. V.I. 1983), superseded by statute as stated in, Edwards v. HOVENSA, LLC, 497 F.3d 355, 49 V.I. 1133, 2007 U.S. App. LEXIS 18341 (3d Cir. V.I. 2007).

Where government’s action requesting a preliminary injunction was instituted pursuant to the provisions of this chapter, Rule 65(a) of the Federal Rules of Civil Procedure, governing issuance of injunctions, would control the court’s determination, since the provisions of the federal rule merely provided the procedures by which the federal court could adjudicate the case and the application of the federal rule would not impair any ‘state‘ interests of the Virgin Islands or impair the goals of any right created under the chapter, insofar as orders under the federal rule would be temporary and government’s rights under the chapter would be adjudicated in accordance with Virgin Islands substantive law. Government of Virgin Islands, Dep’t of Conservation & Cultural Affairs v. Virgin Islands Paving, Inc., 714 F.2d 283, 19 V.I. 642, 1983 U.S. App. LEXIS 25278 (3d Cir. V.I. 1983), superseded by statute as stated in, Edwards v. HOVENSA, LLC, 497 F.3d 355, 49 V.I. 1133, 2007 U.S. App. LEXIS 18341 (3d Cir. V.I. 2007).

3. Administrative appeal.

Administrative appeal rights must be exhausted before seeking judicial relief where the grievance is based on the grant or denial of a coastal zone permit. La Vallee Northside Civic Asso. v. Virgin Islands Coastal Zone Management Com., 866 F.2d 616, 1989 U.S. App. LEXIS 640 (3d Cir. V.I. 1989).

4. Limitation of actions.

12. V.I.C. § 913(b) is not an appropriate vehicle for challenging the decision to grant or deny a permit, or the terms of a permit. Traxco, Inc. v. Government of the V.I., 49 V.I. 240, 2008 V.I. LEXIS 3 (V.I. Super. Ct. 2008).

Filing of petition for reconsideration of decision of Virgin Islands Board of Land Use Appeals tolled 45-day time limit for filing petition for writ of review in District Court. Virgin Islands Conservation Soc’y, Inc. v. Virgin Islands Bd. of Land Use Appeals, 881 F.2d 28, 1989 U.S. App. LEXIS 10612 (3d Cir. 1989).

5. Judicial review.

Trial court properly dismissed a petition for review by neighboring land owners against administrative agencies that arose from a dispute involving the issuance of a Coastal Zone Management permit, as res judicata applied because a prior proceeding involved the same claims, parties who were identical or in privity, and it was dismissed on the merits due to the owners’ failure to appeal the administrative decision in a timely manner. Stewart v. Virgin Islands Board of Land Use Appeals, 66 V.I. 522, 2017 V.I. Supreme LEXIS 25 (VI. 2017).SUPREME COURT OF THE VIRGIN ISLANDS

It was determined that the 45-day appeal period for purposes of appealing a Coastal Zone Management permit was a claims-processing rule, such that it was nonjurisdictional, as there was no indication in the plain statutory language, context, or relevant historical treatment that the Legislature intended it to be jurisdictional. Stewart v. Virgin Islands Board of Land Use Appeals, 66 V.I. 522, 2017 V.I. Supreme LEXIS 25 (VI. 2017).SUPREME COURT OF THE VIRGIN ISLANDS

Appellants’ decision to completely fail to follow up on the matter for nearly three years, instead relying exclusively on the Board of Land Use Appeals (BLUA) to provide them with notice, could not constitute valid grounds for allowing an untimely petition for writ of review of the BLUA’s decision. Thomas v. V.I. Bd. of Land Use Appeals, 60 V.I. 579, 2014 V.I. Supreme LEXIS 16 (VI. 2014).SUPREME COURT OF THE VIRGIN ISLANDS

Casino operator’s action against the government was dismissed because the operator was not allowed to challenge a permit granted under the Virgin Islands Coastal Zone Management Act, 12 V.I.C. §§ 901914, by circumventing the procedures therein; exhaustion was not excused where the permit was still being litigated, no injury was shown, and there was an alleged failure to disclose public records. Traxco, Inc. v. Government of the V.I., 49 V.I. 240, 2008 V.I. LEXIS 3 (V.I. Super. Ct. 2008).

If the terms of a permit or the decision to grant or deny a permit can ever be challenged under 12 V.I.C. § 913(b), it would be in a situation where exhaustion is excused. Traxco, Inc. v. Government of the V.I., 49 V.I. 240, 2008 V.I. LEXIS 3 (V.I. Super. Ct. 2008).

Judicial review provision in Coastal Zone Management Act was invalid as it applied to District Court’s former writ of review jurisdiction, and since resort developer could not have brought a writ of review in District Court under that provision, the District Court erred in reviewing developer’s constitutional claims in its appellate capacity; remand was therefore required in order for District Court to examine developer’s constitutional claims under its original jurisdiction. Tamarind Resort Assocs. v. Virgin Islands, 138 F.3d 107, 39 V.I. 485, 1998 U.S. App. LEXIS 4102 (3d Cir. V.I. 1998).

A court reviewing the actions of the Coastal Zone Management Committee and the Board of Land Use Appeals must apply two standards of review: (1) the standard to be applied by the Board to the Committee’s decision, and (2) the standard to be applied by the court to the Board’s actions. Virgin Islands Conservation Soc’y v. Virgin Islands Bd. of Land Use Appeals, 857 F. Supp. 1112, 30 V.I. 191, 1994 U.S. Dist. LEXIS 8364 (D.V.I. 1994).

6. Governmental immunity.

District court could not review the actions of the Legislature pursuant to 12 V.I.C. § 913(d), which provides that review may be sought where a person is aggrieved by the granting or denial of an application for a coastal zone permit. Any scope of review is limited to due process violations. Lewis v. Legislature of the V.I., 44 V.I. 162, 2002 V.I. LEXIS 4 (V.I. Terr. Ct. 2002).

7. Standing.

Casino operator had standing to bring an action against the government relating to the issuance of a permit to a builder because 12 V.I.C. § 913 allowed ‘any person‘ to bring a suit to compel the performance of certain duties. Traxco, Inc. v. Government of the V.I., 49 V.I. 240, 2008 V.I. LEXIS 3 (V.I. Super. Ct. 2008).

8. Injunctive relief.

Environmental group could bring an action for injunctive relief against a developer under 12 V.I.C. § 913(b)(1), because no administrative agency had jurisdiction to review Board of Land Use Appeals decisions, and the group was not bringing its § 913(b)(1) action as a substitute for a petition for writ of review. V.I. Conservation Soc’y v. Golden Resorts, LLLP, 55 V.I. 613, 2011 V.I. Supreme LEXIS 27 (VI. 2011).

9. Notice requirements.

Legislature clearly envisioned that a plaintiff would bring ‘an action for declaratory and equitable relief to restrain any violation of this chapter‘ to prohibit a defendant from taking a certain action, and initiate ‘an action to compel‘ to require a defendant to take action. Thus, when appellants sought to compel the Board of Land Use Appeals (BLUA) to perform one of its statutory duties, the subsection regarding actions to compel applied, and they were required to notify the BLUA of its error at least 30 days before filing suit. Thomas v. V.I. Bd. of Land Use Appeals, 60 V.I. 579, 2014 V.I. Supreme LEXIS 16 (VI. 2014).SUPREME COURT OF THE VIRGIN ISLANDS

Cited.

Cited in La Vallee Northside Civic Ass’n v. Virgin Islands Bd. of Land Use Appeals, 24 V.I. 88, 1988 U.S. Dist. LEXIS 9165 (D.C.V.I. 1988); Illingworth v. Virgin Islands Bd. of Land Use Appeals, 27 V.I. 165, 1991 U.S. Dist. LEXIS 21654 (1991); Virgin Islands Conservation Soc’y, Inc. v. Virgin Islands Bd. of Land Use Appeals, 30 V.I. 191, 857 F. Supp. 1112, 1994 U.S. Dist. LEXIS 8364 (D.C.V.I. 1994); V.I. Coalition of Citizens with Disabilities, Inc. v. Gov’t of the V.I., __ V.I. __, 2005 V.I. LEXIS 26 (Super. Ct. St. T. and St. J. Dec. 14, 2005).

12 V.I.C. § 913, VI ST T. 12 § 913

Statutes current through Act 8310 of the 33rd Legislature, including all code changes through July 21, 2020.

End of Document

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Virgin Islands Code Annotated Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

12 V.I.C. § 914

§ 914 Board of Land Use Appeals

(a) Administrative appeals or coastal zone permit applications. Notwithstanding any provision of law to the contrary, any aggrieved person may file an appeal of an action by the Commission, its Committees, or the Commissioner taken pursuant to section 910 or 911 of this chapter within forty-five days thereof with the Board of Land Use Appeals, and such appeal shall be governed solely by the provisions of this section.

(b) Procedures on appeal. The Board shall prepare a form of application for such appeals and shall adopt in the manner required by law rules and regulations governing the submission and review of applications for appeal and the notice and procedures for conduct of public hearings on such an appeal. In addition to public notice, personal notice of such a public hearing on an appeal shall be served on the Commission or its Committees, the Commissioner, the applicant for the coastal zone permit and the aggrieved person, if they be different, any person who has requested in writing to be notified of such public hearing date, and any person who testified at the public hearing held by the appropriate Committee of the Commission to consider the original application.

(c) Public hearings. A public hearing on an appeal shall be held by the Board within sixty days after the appeal is filed with the Board, and a decision shall be rendered by the Board within thirty days after the conclusion of such public hearing. The Board shall notify the Commission or its Committee, the Commissioner, the applicant for the coastal zone permit and the aggrieved person, if they be different, of its decision by certified mail. Notice to all other persons who received notice of the public hearing on appeal may be by regular mail. Such notice shall be sent within four working days of the Board’s decision.

(d) Actions of the Board. The Board, by majority vote of its authorized members, shall either affirm or reverse the Commission’s or its appropriate Committee’s or the Commissioner’s action and shall either approve or deny an application for a coastal zone permit. If the Board grants an application for a coastal zone permit, the Board shall impose such reasonable terms and conditions on such permit as it deems necessary to achieve the objectives and purposes of this chapter. The Board shall set forth in writing and in detail the reasons for its decision and findings of fact upon which its decision is based. If the Board reverses a Committee’s or the Commissioner’s action on a coastal zone permit, it must make all of the findings required by section 910, subsection (a), paragraphs (2), (3) and (4) of this chapter. A copy of the Board’s action shall be available for public inspection at the Board’s offices during ordinary business hours. The Board’s action shall be final after four working days following its decision.

Credits

-Added Oct. 31, 1978, No. 4248, § 1, Sess. L. 1978, p. 312.

HISTORY

Effective date.

For effective date of this section, see note under section 901 of this title.

ANNOTATIONS

1. Filing appeal.

Petitions for writ of review from decisions of Board of Land Use Appeals must be made within forty-five days from when Board’s decision becomes final; Board’s decision must be set forth in writing and becomes final four working days following its decision. Illingworth v. Virgin Islands Bd. of Land Use Appeals, 27 V.I. 165, 1991 U.S. Dist. LEXIS 21654 (D.V.I. 1991).

Forty-five-day appeal period of subsection (a) of this section commenced on the date the Coastal Zone Management Commission issued a coastal zone permit; neither the Commission’s initial vote to approve the permit application with conditions nor its reconsideration of the permit conditions prior to issuance was the conclusive legal event. La Vallee Northside Civic Asso. v. Virgin Islands Coastal Zone Management Com., 866 F.2d 616, 1989 U.S. App. LEXIS 640 (3d Cir. V.I. 1989).

Where residents opposing the issuance of a coastal zone permit had reason to believe that judicial review was a proper alternative to exhaustion of administrative remedies and filed suit in the district court seeking injunctive and declaratory relief within forty-five days following issuance of the permit, timely filing of the district court suit tolled the administrative appeal period of subsection (a) of this section. La Vallee Northside Civic Asso. v. Virgin Islands Coastal Zone Management Com., 866 F.2d 616, 1989 U.S. App. LEXIS 640 (3d Cir. V.I. 1989).

Forty-five (45) day period to appeal action of Coastal Zone Management Commission (CZM) begins on the date that CZM votes to approve or deny the permit application; argument was rejected that period begins when decision is transmitted or received by applicant in written form. La Vallee Northside Civic Asso. v. Virgin Islands Bd. of Land Use Appeals, 24 V.I. 88, 1988 U.S. Dist. LEXIS 9165 (D.V.I. 1988), rev’d, vacated, 866 F.2d 616, 1989 U.S. App. LEXIS 640 (3d Cir. V.I. 1989).

Board of Land Use Appeals’ dismissal of petitioners’ appeal of Coastal Zone Management Commission (CZM) decision granting a major coastal zone permit was affirmed, since appeal was not made within forty-five (45) days. La Vallee Northside Civic Asso. v. Virgin Islands Bd. of Land Use Appeals, 24 V.I. 88, 1988 U.S. Dist. LEXIS 9165 (D.V.I. 1988), rev’d, vacated, 866 F.2d 616, 1989 U.S. App. LEXIS 640 (3d Cir. V.I. 1989).

Forty-five (45) day period to appeal action of Coastal Zone Management Commission (CZM) is not subject to extension based on equitable principles such as estoppel or tolling since the jurisdictional requirements are mandatory. La Vallee Northside Civic Asso. v. Virgin Islands Bd. of Land Use Appeals, 24 V.I. 88, 1988 U.S. Dist. LEXIS 9165 (D.V.I. 1988), rev’d, vacated, 866 F.2d 616, 1989 U.S. App. LEXIS 640 (3d Cir. V.I. 1989).

Where intervenors filed an appeal to the Board of Land Use Appeals two days after the time period for filing an appeal set forth in subsection (a) of this section had lapsed, but the time period lapsed on a Saturday, their appeal was not untimely. Great Cruz Bay Dev. Co. v. V.I. Bd. of Land Use Appeals, 18 V.I. 536, 1981 U.S. Dist. LEXIS 9341 (D.V.I. 1981).

2. Written decision.

Decision of Board of Land Use Appeals must be set forth in writing and becomes final four working days after issuance of written decision. Illingworth v. Virgin Islands Bd. of Land Use Appeals, 27 V.I. 165, 1991 U.S. Dist. LEXIS 21654 (D.V.I. 1991).

Where the Board of Land Use Appeals failed to set forth in writing and in detail the reasons for its decision to modify a decision of the Coastal Zone Management Committee granting a developer a construction permit, it violated the requirements of this section. Great Cruz Bay Dev. Co. v. V.I. Bd. of Land Use Appeals, 18 V.I. 536, 1981 U.S. Dist. LEXIS 9341 (D.V.I. 1981).

3. Exhaustion of administrative remedies.

Plaintiffs failed to exhaust administrative remedies concerning their claims under the coastal zone management laws since they should have taken to the Board of Land Use Appeals any complaints they had regarding any harm they allegedly suffered due to the granting of a major coastal zone management permit to Virgin Islands Housing Authority for temporary emergency housing project. Virgin Islands Tree Boa v. Witt, 918 F. Supp. 879, 34 V.I. 199, 1996 U.S. Dist. LEXIS 2575 (D.V.I.), aff’d, 82 F.3d 408, 1996 U.S. App. LEXIS 8317 (3d Cir. V.I. 1996).

Plaintiff’s motion for declaratory and injunctive relief to allow proposed work on its coastal property to be characterized as ‘repair‘ of hurricane damage exempt from permit requirements rather than ‘development‘ under this chapter required dismissal; some evidence supported a finding that work in question constituted development within the express statutory language and statute’s basic goals, and therefore plaintiff was required to comply with permit requirements and exhaust its administrative remedies prior to judicial review. Water Island Hotel & Beach Club, Ltd. v. Government of Virgin Islands, 764 F. Supp. 1051, 26 V.I. 276, 1991 U.S. Dist. LEXIS 13424 (D.V.I. 1991).

Administrative appeal rights must be exhausted before seeking judicial relief where the grievance is based on the grant or denial of a coastal zone permit. La Vallee Northside Civic Asso. v. Virgin Islands Coastal Zone Management Com., 866 F.2d 616, 1989 U.S. App. LEXIS 640 (3d Cir. V.I. 1989).

4. Factual determinations.

Where the Virgin Islands Board of Land Use Appeals (Board) failed to provide any details in its decision to grant a permit to the appellee corporation it was in violation of 12 V.I.C. § 914(d) which states that the Board must set forth in detail the reasons for its decision; such actions made it virtually impossible for the court to determine the basis upon which the Board’s decision was made or to determine whether the Board abused its discretion by acting in an arbitrary or capricious manner. Environmental Ass’n v. Virgin Islands Bd. of Land Use Appeals, 885 F. Supp. 792, 31 V.I. 9, 1994 V.I. LEXIS 19 (V.I. Terr. Ct. 1994).

Cited.

Cited in LaVallee Northside Civic Ass’n v. Virgin Islands Coastal Zone Mgt. Comm’n, 23 V.I. 406, 1988 U.S. Dist. LEXIS 7037 (D.C.V.I. 1988); Virgin Islands Conservation Soc. v. Virgin Islands Bd. of Land Use Appeals, 24 V.I. 104, 1988 U.S. Dist. LEXIS 9801 (D.C.V.I. 1988).

Notes to Unpublished Decisions

5. Grant of permit.

Unpublished decision: In light of its determination that there was no waiver or extension, the Virgin Islands Board of Land Use Appeals properly granted the applicant’s requested relief of the issuance of the permit, as the board was authorized to do so and any further directives would have been futile. V.I. Conservation Soc’y, Inc. v. V.I. Bd. of Land Use Appeals, 2006 V.I. LEXIS 35 (V.I. Super. Ct. May 25, 2006), aff’d, in part, 49 V.I. 581, 2007 U.S. Dist. LEXIS 91458 (D.V.I. 2007).SUPERIOR COURT OF THE VIRGIN ISLANDS, DIVISION OF ST. CROIX

12 V.I.C. § 914, VI ST T. 12 § 914

Statutes current through Act 8310 of the 33rd Legislature, including all code changes through July 21, 2020.

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 901. Purpose; References

12 V.I. R. & Regs. § 901-1

901-1. Purpose.

These regulations are promulgated pursuant to and shall supplement the Virgin Islands Coastal Zone Management Act (Act No. 4248, approved October 31, 1978), Title 12, V.I.C. chapter 21 (“The Act”).

These regulations are intended to establish uniform and coordinated procedures for administration of the provisions of the Act. The interpretation and application of these regulations shall be consistent with the policies of the Act and the Virgin Islands Coastal Zone Management Program. Not all the definitions, policies or other provisions of the Act have been reproduced in these regulations. Therefore, these regulations should be read together with the Act.

Current through December 28, 2020

12 V.I. R. & Regs. § 901-1, 12 VI ADC § 901-1

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 901. Purpose; References

12 V.I. R. & Regs. § 901-2

901-2. Explanation of References.

Reference in these regulations to sections denotes subdivisions of these regulations.

Current through December 28, 2020

12 V.I. R. & Regs. § 901-2, 12 VI ADC § 901-2

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 902. Definitions

12 V.I. R. & Regs. § 902-1

902-1. Words in Singular Form; Gender.

Words used in the singular form in these regulations shall include the plural, and vice versa as the case may require.

Words used in the masculine form shall include the feminine, and vice versa as the case may require.

Current through December 28, 2020

12 V.I. R. & Regs. § 902-1, 12 VI ADC § 902-1

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 902. Definitions

12 V.I. R. & Regs. § 902-2

902-2. Definitions.

(A) For the purposes of this Section the following definitions shall apply:

(1) “Assistant Administrator” means the Assistant Administrator for Ocean Services and Coastal Zone Management, National Oceanic and Atmospheric Administration, U.S. Department of Commerce.

(2) “Associated Facilities” includes all forms of developments: (a) which are specifically designed, located, constructed, operated, adapted, or otherwise used, in full or major part, to meet the needs of a federal action or federally permitted action; and (b) without which the federal action, as proposed, could not be conducted (15 CFR 930.21).

(3) “Certification of Consistency” means a declaration which is supported by the necessary data and information by an applicant that a proposed activity or development complies with the Virgin Islands Coastal Zone Management Program and that such activity shall be conducted in a manner consistent with the program.

(4) “Clearinghouse” means the designated State Clearinghouse pursuant to the Federal Office of Management and Budget Circular. The Territorial Office of Management and Budget is the designated Clearinghouse.

(5) “Consistency Determination” means a decision by a federal agency, supported with findings, that a proposed project will be conducted in a manner consistent to the maximum extent practicable with the VICMP unless compliance is prohibited based on existing law applicable to the federal agency.

(6) “Department” means the Department of Planning and Natural Resources..

(7) “Excluded federal land” means land in federal ownership within the boundaries of the Virgin Islands Coastal Zone. All lands owned, leased, held in trust or whose use is otherwise by law subject solely to the discretion of the federal government are excluded from the definition of coastal zone. The exclusion of federal lands from the definition of coastal zone does not remove the requirement that actions on such lands be consistent with the VICMP if such actions affect the Virgin Islands coastal zone.

(8) “Federal Agency” means any department, agency, or other organization within the executive branch of the federal government, or any wholly owned federal government corporation.

(9) “Federal Development Project” means a federal activity involving the planning, construction, modification, or removal of public works, facilities, or other structures, and the acquisition, utilization, or disposal of land or water resources.

(10) “OCRM” means the federal Office of Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration, U.S. Department of Commerce.

(11) “OMB” means the Territorial Office of Management and Budget.

Current through December 28, 2020

12 V.I. R. & Regs. § 902-2, 12 VI ADC § 902-2

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 904. Federal Consistency

12 V.I. R. & Regs. § 904-1

904-1. Jurisdiction of Commission and Committees Over General Matters.

(a) The Commission shall have jurisdiction over all general matters which pertain to the implementation of the Act and to matters of concern to the Territory as a whole.

(b) The appropriate Committee shall have jurisdiction over all general matters which pertain to the island on which its members reside. Prior to undertaking consideration of such matters, including receiving public input through hearings, the Chairman of the Committee shall consult with the Chairman of the Commission and the Commissioner. If the Chairman of the Commission determines that the matter pertains to the Territory as a whole, he shall schedule a meeting of the Commission to consider the matter.

Current through December 28, 2020

12 V.I. R. & Regs. § 904-1, 12 VI ADC § 904-1

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 904. Federal Consistency

12 V.I. R. & Regs. § 904-2

904-2. Coastal Zone Commission Meetings and Meetings on General Matters.

(a) The Chairman of the Commission, upon his own motion or upon the request of a Commission member, the Commissioner, or the Director may schedule meetings of the Commission.

(b) All meetings of the Commission shall be entered on a schedule to be maintained at the office of the Director. Such schedule will be available for public inspection during regular business hours. The schedule entry of a Commission meeting shall include an agenda of items to be considered by the Commission at the meeting.

(c) Minutes shall be kept of all meetings of the Commission. Minutes may include a short summary of the business which was conducted by the Commission and a record of all official actions taken, if any, by the Commission. Minutes shall be available to the public for inspection at the office of the Director.

Current through December 28, 2020

12 V.I. R. & Regs. § 904-2, 12 VI ADC § 904-2

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 904. Federal Consistency

12 V.I. R. & Regs. § 904-3

904-3. Coastal Zone Commission Hearings.

(a) The Commissioner or Chairman of the Commission may schedule public hearings to consider any matters relating to the Act.

(b) Notice of public hearing shall be advertised in a newspaper of general circulation and provided to any person who requests such notification in writing and affected territorial and federal agencies. The notice shall state the nature of the matter to be considered, the time and place of the public hearing, and location of any materials available for public inspection. Such materials shall be made available for public inspection during regular business hours at the office of the Director.

(c) Public hearings under this section shall be conducted by the Chairman of the Commission, or in his absence, his designee, who shall have the power to exclude irrelevant, immaterial, unduly repetitious or argumentative statements or questions, and to limit the length of testimony. Any person may submit additional materials in writing for the record, within seven (7) days after the hearing.

(d) A public hearing on any matter relating to the Act shall ordinarily proceed in the following order:

(1) A short summary of matters proposed.

(2) Statements by the Commissioner and/or his representative, the Chairman, members of the Commission, and the staff of the Division of Coastal Zone Management.

(3) Other speakers concerning matters proposed.

(4) Adjournment.

Current through December 28, 2020

12 V.I. R. & Regs. § 904-3, 12 VI ADC § 904-3

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 904. Federal Consistency

12 V.I. R. & Regs. § 904-4

904-4. Coastal Zone Committee Meetings on General Matters.

(a) The Chairman of a Committee, upon his own motion or upon the request of a Committee member, the Commissioner, or the Director may schedule a meeting of the Committee. (Additional procedures relating to Committee meetings on Coastal Zone applications are set forth in section 910-9 of this chapter.)

(b) All meetings of a Committee shall be entered on a schedule maintained at the office of the Director. Such schedule shall be available for public inspection during regular business hours. The schedule entry of a Committee meeting shall include an agenda of items to be considered at the meeting.

(c) Minutes shall be kept of all meetings of the Committee. Minutes may include a short summary of the business conducted by the Committee and a record of all official actions taken, if any, by the Committee. Minutes shall be available to the public for inspection at the office of the Director.

(d) At a vote on any matter, a tie vote shall be deemed disapproval of the motion.

Current through December 28, 2020

12 V.I. R. & Regs. § 904-4, 12 VI ADC § 904-4

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 904. Federal Consistency

12 V.I. R. & Regs. § 904-5

904-5. Coastal Zone Committee Hearings on General Matters.

(a) The Chairman of a Committee, the Commissioner, or the Director may schedule a public hearing to consider any matter relating to the Act. (Additional procedures relating to Committee hearings on permit applications are set forth in section 910-8 and for violations of the Act in section 913-1 and section 913-2 of this chapter.)

(b) Notice of public hearings shall be advertised in a newspaper of general circulation and provided to any person who requests such notification in writing and affected territorial and federal agencies. The notice shall state the nature of the matter to be considered, the time and place of the public hearing, and the location of any materials available for public inspection. Such materials shall be made available for public inspection during regular business hours at the office of the Director.

(c) Public hearings under this section shall be conducted by the Chairman of the Committee or, in his absence, his designee, who shall have the power to exclude irrelevant, immaterial, unduly repetitious or argumentative statements or questions, and to limit the length of testimony. Any person may submit additional materials in writing for the record, within seven (7) days after the hearing.

(d) A public hearing on any mattter relating to the Act shall ordinarily proceed in the following order:

(1) A short summary of matters proposed.

(2) Statements by the Chairman, the Commissioner and/or his representative, members of the Committee, and the staff of the Division of Coastal Zone Management.

(3) Other speakers concerning matters being considered.

(4) Adjournment.

Current through December 28, 2020

12 V.I. R. & Regs. § 904-5, 12 VI ADC § 904-5

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 904. Federal Consistency

12 V.I. R. & Regs. § 904-6

904-6. Conflict of Interest.

(a) When participating in actions on Coastal Zone Permits, Commission members and staff members shall act on behalf of the people of the Virgin Islands and as trustees for the public.

(b) No Commission member or staff member shall receive or accept any legal or beneficial interest, nor shall he permit any legal or beneficial interest to accrue to him from any source, the receipt or accrual of which would occur by virtue of influence improperly exerted from his position as a Commission member or staff member.

(c) No Commission member or staff member shall participate in the consideration of or voting upon any permit application if the member

(1) Is the applicant or is a member of the applicant firm, partnership, or association, or is a stockholder of the applicant;

(2) Has affiliated with the applicant, the applicant’s firm, partnership, association, or corporation for the purpose of providing services for compensation, whether or not in relation to the application;

(3) Has any other pecuniary, professional or personal interest in the applicant.

(d) No Commission member or staff member shall use his official position to aid or impede the progress of or approval of a Coastal Zone application in order to further his own pecuniary interest, the pecuniary interest of his immediate family, or the pecuniary interest of a limited class of persons or enterprises, when he, or his immediate family, or enterprises controlled by them, are members of such affected class.

(e) No staff member shall engage in any outside business or professional activity for compensation unless he has reported in writing to the Commissioner, the Chairman, and the Director as to when such activity or employment commenced, the nature of such activity or employment, and has received in writing, consent by the Commissioner to his engaging in any such business or professional activity for compensation.

(f) A Commission member or a staff member shall decline to participate in professional activities relating to any matter when he knows or should know that such activity would be a conflict of interest.

(g) Immediately upon receiving notice of a matter pending before the Commission, any Commission member, staff member or interested person shall advise the Chairman or the Commissioner in writing that he or any Commission member or staff member has an existing or potential conflict of interest regarding such matter. When the Chairman and the Commissioner receive notice of a conflict of interest, they shall notify the affected person and the applicant. The affected person may disqualify himself from participating in consideration of the application in question, or the Chairman and the Commissioner shall call a meeting of the Commission within five (5) working days thereafter, at which meeting the matter will be considered.

A Commission member or staff member may be disqualified from participating in consideration of the application in question on grounds of conflict of interest by a majority of those present at the Commission meeting. The Commissioner shall cast the deciding vote in the case of a tie vote.

(h) Failure of a Commission member to disclose any potential conflict of interest with respect to an applicant or an application, or to decline to vote when he knows or should know that such vote would be a conflict of interest shall constitute grounds for removal for cause in addition to any civil penalties imposed by law.

Current through December 28, 2020

12 V.I. R. & Regs. § 904-6, 12 VI ADC § 904-6

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 904. Federal Consistency

Division 4. Federal Consistency

12 V.I. R. & Regs. § 904-8

904-8. Federal Consistency in the VICZMP.

(1) Designation of the Department of Planning and Natural Resources, Division of Coastal Zone Management as Lead Agency for Coastal Zone Management. The Department is the designated coastal zone management agency in the Virgin Islands pursuant to Section 306(c)(5) of the CZMA. All consistency determinations, consistency certifications and proposals for federal assistance shall be sent to and reviewed by the Division for consistency with the approved Virgin Islands Coastal Zone Management Program.

(2) Federal Actions Reviewed. The Division is responsible for reviewing the following actions subject to federal consistency requirements.

(a) Federal Agency Activities

(b) Federal License or Permit Activities

(c) Applicant agency requests for federal assistance for activities affecting the Coastal Zone.

(d) Actions from the Federal Agencies listed in Appendix 1.

For the purpose of these Rules and Regulations, the words “Committee” and “Commissioner” are not interchangeable. Under these Rules and Regulations, the Commissioner acts on each consistency determination that constitute a minor CZM permit. The Committee acts on each consistency determination that constitutes a major CZM permit.

(3) Review Standard. The V.I. CZM Act and its subsequent Amendments and implementing rules and regulations are the review standard for all activities subject to federal consistency requirements.

(4) Notification. Federal agencies proposing activities within or outside the coastal zone must determine if the activity will have reasonably foreseeable effects upon any land use, water use, or natural resource of the coastal zone. The agency must consider cumulative and secondary effects. If such effects are reasonably foreseeable, the federal agency must notify the Division in writing at least 90 days before final approval of the federal agency action, unless both the federal agency and the Division agree on a different schedule.

(5) Negative Determination. A federal agency may decide that a consistency determination is not required because coastal effects are not reasonably foreseeable. In such case, the federal agency must submit a negative determination to the Division at least 90 days before final approval of the activity.

(6) Preliminary Consultation. Federal agencies must consult with the Division when assessing whether an activity, which is funded by the Federal or Territorial government will be consistent with the VICZMP. A federal agency may request a preliminary meeting in writing notifying the Division that the Agency has identified an activity as one requiring, or possibly requiring, a consistency determination.

(7) The Division must contact the agency requesting consultation within 7 working days of receiving a request for a meeting to arrange the date, time and place for such meeting. The Division must advise the agency of those provisions of the VICZMP relevant to the activity. Such recommendations do not prevent the Division from identifying additional relevant provisions at a later time, nor do they obligate the Division to concur with the Agency’s determination that a proposed activity is consistent with the VICZMP.

(8) Content of Consistency Determination. A consistency determination must include a brief statement indicating whether the project is consistent to the maximum extent practicable, with the VICZMP plus:

(a) A detailed description of the overall project, including maps, diagrams, technical data, and other material deemed relevant by the Division;

(b) A list of all federal and territorial permits, if applicable, or state the enforceable statutory provisions and regulations of the VICZMP;

(c) A detailed analysis that the project and its effects are consistent with the goals and policies of the VICZMP;

(d) An assessment relating the probable effects of the proposed activity and its associated facilities on the VICZMP;

(e) The following statement: The proposed activity is consistent to the maximum extent practicable with the Virgin Islands Coastal Zone Management Program and will be conducted in a manner consistent with such program.

(9) Consistency Requirements and other Permits. Whenever an activity subject to consistency determination requires a Coastal Zone Management Permit, the granting of the Coastal Zone Management Permit will serve as a finding that the activity is consistent with the VICZMP. In such instance, the VICZMP major permit review procedure will substitute for the consistency review.

Current through December 28, 2020

12 V.I. R. & Regs. § 904-8, 12 VI ADC § 904-8

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 904. Federal Consistency

Division 4. Federal Consistency

12 V.I. R. & Regs. § 904-9

904-9. Federal Agency Activities.

(1) Division Review. The Division shall begin its review after it receives a complete consistency certification and all necessary supporting documents identified in Subsection (8) of this rule.

(a) Within 30 days receipt of a consistency determination, the Division shall:

(i) Publish a 30-day public notice in a daily newspaper on the respective island detailing the project, and use;

(ii) Review the consistency determination and all supporting documents;

(iii) Make recommendation to respective CZM Committee or the Commissioner.

(b) Upon receipt of the Division’s recommendation, the respective CZM Committee must act on the consistency determination within 45 days of when the Division received the consistency determination; otherwise, the Federal Agency may presume CZM Committee agreement. CZM Committee agreement cannot be presumed if the Division requests an extension of time for review. Federal agencies shall approve one request for an extension period. Approval of additional extension requests is left to the discretion of the Federal Agency.

(c) Upon receipt of the Division’s recommendation, the Commissioner must act on the consistency determination within 45-days otherwise, the agency may presume CZM agreement. The Commissioner’s agreement cannot be presumed, however, if the Division requests an extension of time for review. Agencies shall approve one request for an extension period.

(2) Public Notice/Review of Comments. The Division must provide notice of the receipt of Federal Determinations and Certifications in a newspaper of general circulation in the Territory. The notice shall be provided within 30-days. The public notice must provide the location of the proposed activity, the nature of the proposed activity, an announcement that information submitted by the applicant is available for public review, a statement that comments may be submitted and any other information that the Division deems relevant.

(3) The Committee or the Commissioner shall review and consider relevant written comments and objections from territorial agencies, and other interested persons in carrying out its consistency review.

(4) Notice of Disagreement. In the event the Committee/Commissioner disagrees with the agency’s consistency determination, the Committee/Commissioner shall provide the agency with its reasons in writing. The Committee’s /Commissioner’s response must describe how the activity is inconsistent with specific enforceable policies of the VICZMP, and shall describe the alternative measures, if they exist, that would make the activity consistent with the VICZMP.

(a) If the Committee/Commissioner objects to the Federal Agency’s consistency determination, the agency and the Committee/Commissioner may use the remaining portion of the notification period to resolve their differences. A Federal Agency cannot proceed with the proposed activity over the Committee’s/Commissioner’s objection unless the Federal Agency provides the Division, in writing, with other Federal Laws that prohibit full consistency.

(5) Voluntary Withdrawal. If the Division determines that the Federal Agency’s consistency determination does not contain the necessary information described in 904-8 (8), it may request that the Federal Agency withdraw its consistency determination in order to avoid a disagreement based on a finding that the Federal Agency failed to supply sufficient information.

(6) Time of Review for Federal Activities, which require Environmental Impact Statements. The Division shall review federal activities, which require a National Environmental Policy Act (NEPA) Environmental Impact Statement for consistency with the VICZMP at the time of the Final Environmental Impact Statement (FEIS), unless an alternative schedule is agreed to by the Division and the Federal Agency. This shall not preclude the Division from coordinating with the Federal Agency prior to the FEIS submittal.

(7) Monitoring of Federal Activities. The Division shall monitor federal activities by use of the Clearinghouse Review process, review of National Environmental Policy Act, Environmental Impact Statements, and other available sources, including comments from interested persons, and shall notify federal agencies of federal activities which have not been subject to a consistency review but which, in the opinion of the Division, affect the coastal zone and require a federal consistency determination.

(8) Monitoring of Approved Activities. The Division shall monitor approved federal activities to ensure that the activities continue to be undertaken in a manner consistent to the maximum extent practicable with the VICZMP. A schedule for monitoring may be established through an applicable CZM Permit. When the Division determines that an activity previously determined to be consistent is being conducted in such a manner or is having such effects on the coastal zone so as to be inconsistent with the VICZMP, it shall request the Federal Agency to take appropriate remedial action.

(9) General Consistency Determinations. In cases where federal agencies will be performing repeated activities, other than development projects, which cumulatively have effects on the coastal zone, the agency may develop a general consistency determination. A general consistency determination may be used only in situations where the activities are repetitive or periodic, substantially similar, and do not significantly affect the coastal zone when performed separately. If a Federal Agency issues a general consistency determination, it shall thereafter periodically consult with the Division concerning the manner in which the incremental actions are being undertaken. Such consultation process shall be established in the general consistency determination.

(10) Appeal of Committee’s/Commissioner’s Determination: Board of Land Use Appeals. Any party, as defined in V.I. Code tit. 12, section 902, who objects to the Committee’s/Commissioner’s agreement or disagreement with a Federal Agency’s final consistency determination may petition to have the action reviewed by the Virgin Islands Board of Land Use Appeals. This does not preclude the Federal Agency involved from directly seeking mediation of a disagreement with the Committee/Commissioner, which shall stay Board of Land Use Appeals action.

(11) Judicial Review. When a disagreement between the VICZMP and a Federal Agency regarding a consistency issue occurs, the Division shall first attempt to resolve the conflict through information discussions. The Federal Agency, the Division, or the Governor may request mediation by the Secretary of Commerce pursuant to 15 CFR 930.110. If mediation efforts are unsuccessful or are not used, the Division may seek judicial review after exhausting an appeal to the Board of Land Use Appeals. Nothing in this Section shall preclude the Division from seeking judicial review while utilizing mediation or in lieu of mediation.

(12) Secretary of Commerce’ Mediation. In the event of a disagreement between the Committee/Commissioner and an agency regarding a consistency issue, the parties may use several procedures to reach a final agreement.

(a) The Committee/Commissioner and the agency may engage in informal discussions.

(b) In the event that the parties cannot agree on a consistency determination after engaging in informal discussions, the Virgin Islands Coastal Zone Management Commission will review the documents and will make the consistency determination.

(c) Either the Commission/Commissioner or the agency may request that OCRM serve as an informal mediator.

(d) Either the Commission/Commissioner or the agency may request the Secretary of Commerce to mediate.

Current through December 28, 2020

12 V.I. R. & Regs. § 904-9, 12 VI ADC § 904-9

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 904. Federal Consistency

Division 4. Federal Consistency

12 V.I. R. & Regs. § 904-10

904-10. Federal License or Permit.

(1) Listed Permits. The VICZMP lists certain federal license and permit activities which affect the coastal zone and which the Division shall review for consistency with the VICZMP. (See Appendix A.) No federal license or permit listed in the VICZMP may be issued by the federal agency until the respective CZM Committee or the Commissioner concurs with a consistency determination prepared by the applicant.

(2) Unlisted license or permitted activities. The Division shall monitor unlisted federal license and permitted activities through the Clearinghouse Review procedures, NEPA Environmental Impact Statements, and other available sources. When the Division determines that a proposed license or permit which is not listed would affect the coastal zone, it shall so notify the affected Federal Agency, applicants, and the Assistant Administrator and request the Assistant Administrator’s permission to review the license or permit. The Division shall notify the Federal Agency and applicant within 30 days of receiving notice of the unlisted license or permit application. In cases where the Division does not receive notice of the Federal license or permit activity, this time limit shall not apply. Upon approval by OCRM of the Division’s request to review an unlisted license or permit activity, the Federal Agency and applicant shall comply with the consistency certification procedures of this rule.

(3) Consistency Certification. When an applicant believes that the proposed activity is consistent with the provisions of the VICZMP, the applicant shall provide a statement of consistency in its permit or license application to the federal agency. The statement shall be in the following form: “The proposed activity complies with the Virgin Islands Coastal Zone Management Program and will be conducted in a manner consistent with such program.” A copy of the statement must be provided to the Division along with supporting information.

(4) Supporting Information. Supporting information shall include a detailed description of the proposal, a copy of the federal permit application, an assessment of the probable effects on the coastal zone, a detailed set of findings indicating that the proposed activity, its associated facilities, and their effects, are all consistent with the provisions of the VICZMP. Any draft and Final Environmental Impact Statements and supplements shall also be included in the supporting information. The applicants may use the information it has provided for territorial and/or federal permits if such information also meets the requirements of this section.

(5) Request for Additional Information. The Division may request additional information from the applicant. The request for information shall be in writing. Failure to submit the requested information may result in denial to the applicant’s consistency certification. The applicant shall comply with such request within 10 days receipt of such request.

(6) Certifications for federally licensed or permitted activities, which require Environmental Impact Statements shall not be considered complete until the Final Environmental Impact Statement (FEIS) is submitted, unless an alternative arrangement is agreed to by the Division, the applicant, and the Federal Agency. This shall not preclude the Division from coordinating with the applicant and federal agency prior to FEIS submittal.

(7) Division Review. The Division shall begin its review when it receives from the applicant a complete consistency certification and all necessary supporting information. The Division shall review the application and determine:

(a) Whether the supporting information is adequate to assess coastal effects; and if so;

(b) Whether the activity is consistent with the VICZMP.

(8) Public Notice. Following receipt of the application, the Division must provide public notice of the proposed activity. Public notice shall include a summary of the proposal, an announcement that public information submitted by the applicant is available for inspection and a statement that comments may be submitted. Whenever possible, the Division shall jointly issue public notice with the federal license or permit-issuing agency if a federal permit is required. The applicant will provide the necessary funds to defray the cost of the public notice.

(9) Review of Comments. The respective CZM Committee/Commissioner shall review and consider relevant written comments and objections from the territorial government, local agencies, and other interested persons in carrying out its consistency review.

(10) Review Schedule. The Committee/Commissioner shall promptly notify the applicant, affected territorial government agencies, and federal agency of its objection to or concurrence with the applicant’s certification. If the Committee/Commissioner fails to object or concur within 45 days following receipt of applicants certification or the Committee’s/Commissioner’s concurrence shall be presumed.

(11) Effect of Committee’s Concurrence. If the Committee /Commissioner concurs or is conclusively presumed to concur with the applicant’s consistency certification, the federal agency may approve the federal license or permit application.

(12) Notice of Objection. If the Committee/Commissioner objects to the applicant’s consistency certification, it shall so notify the applicant, federal agency, affected territorial government agencies and Assistant Administrator. The Committee/Commissioner shall describe how the proposed activity is inconsistent with the VICZMP. If the Committee/Commissioner objects on the ground of insufficient information, it shall describe the nature of the information requested and the necessity of having such information. The Committee’s/Commissioner’s objection must include a statement informing the applicant of a right to appeal to the Secretary of Commerce.

(13) Effect of Committee’s/Commissioner’s Objection. Following receipt of a Committee’s/Commissioner’s objection to a consistency certification, the federal agency shall not issue or permit.

Current through December 28, 2020

12 V.I. R. & Regs. § 904-10, 12 VI ADC § 904-10

End of Document

© 2021 Thomson Reuters. No claim to original U.S. Government Works.

Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 904. Federal Consistency

Division 4. Federal Consistency

12 V.I. R. & Regs. § 904-11

904-11. Federal Assistance Activities.

(1) Federal Requirements. Any unit of the Territorial government, or semi-autonomous agencies applying for federal financial aid for an activity that may affect the Territory’s coastal zone, must demonstrate to the respective Committee/Commissioner that the proposed activity will be consistent with the VICZMP, in order to receive the assistance.

(2) Notification by Applicant. An applicant local agency shall notify the Division in writing of its intent to apply for federal assistance for any activity affecting the coastal zone. The Division shall coordinate with the Territorial Office of Management and Budget (OMB) to review any notification for any activity affecting the coastal zone to determine whether the activity is consistent with the VICZMP.

(3) Review Schedule. The OMB shall have a 45 day period for review of applications except those which are specifically limited by federal regulation to a 30-day application. A 15-day extension may be requested by the Division. The review process is the same as the one described in 904-(9)(1).

(4) Effect of Committee/Commissioner’s Approval. If the Committee/Commissioner does not object to the proposed activity, the Federal Agency may grant the federal assistance to the applicant local agency. Notwithstanding the Committee’s/Commissioner’s consistency approval for the proposed project, the Federal Agency may deny assistance to the applicant local agency based on its own statutory requirements. The Committee’s/Commissioner’s approval of an assistance grant shall not preclude future Committee/Commissioner consistency review if federal permits are required.

(5) Request for Additional Information. The Division may request additional information from the applicant. The information request shall be in writing. Failure to submit the requested information may result in an objection to the applicant’s consistency certification. The applicant shall comply with such request within 10 days of receipt of such request or shall explain in writing within 10 days why such request cannot be met.

(6) Notice of Objection. If, during the Clearinghouse process, the Committee or the Commissioner objects to the proposed assistance application, it shall notify the applicant local agency, governor, the Federal Agency, and the Assistant Administrator of the objection. The Committee’s or Commissioner’s objections shall describe how the proposed project is inconsistent with the VICZMP and any alternative measures which, if adopted by the applicant local agency, would permit the proposed project to be conducted in a manner consistent with the VICZMP. If the Committee/Commissioner objects on the grounds of insufficient information, it shall describe the nature of the information requested and the necessity of having such information. The Committee’s/Commissioner’s objection shall include a statement informing the applicant of its right of appeal to the Secretary of Commerce as described in Section 904-9(12) of this rules and regulations.

(7) Effect of an Objection on Federal Agency. Following receipt of a Committee’s/Commissioner’s objection to consistency certification, the federal agency shall not grant the federal assistance unless the Secretary of Commerce approves the federal assistance activity on appeal.

Current through December 28, 2020

12 V.I. R. & Regs. § 904-11, 12 VI ADC § 904-11

End of Document

© 2021 Thomson Reuters. No claim to original U.S. Government Works.

Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 904. Federal Consistency

Division 4. Federal Consistency

12 V.I. R. & Regs. § 904-12

904-12. Commission Review.

(a) Review by the CZM Commission does not preclude the Federal Agency involved from directly seeking mediation of a disagreement with the Department.

(b) Content of Petition. Any petition filed pursuant to this Section shall:

(1) Contain the name, address, and telephone number of the petitioner and, if the petitioner is other than the governmental body directly affected by the action, a brief statement of the petitioner’s interest in the outcome of the action sought to be reviewed or of the public interest represented by the petitioner;

(2) Specify the action of the Director’s designee within 15 days of the date of the taking of the action sought to be reviewed.

(3) Be filed with the Director or the Director’s designee within 15 days of the date of the taking of the action sought to be reviewed.

(c) Commission Response to Petition. The Commission shall, by order, either affirm, reverse, or modify the action of the Committee/Commissioner. Such order shall be issued within 60 days of the filing of the request, or within 120 days if good cause for the longer time is shown. The Director shall provide to all parties reasonable notice of the date, time, and place that the Commission will take action on the petition, and the manner in which such parties may express their views.

(d) Report to the Commission. The Division shall provide the Commission with a monthly report summarizing the Division actions taken during the preceding month pursuant to this Section and written public comments received by the Division, which pertain to those actions.

Current through December 28, 2020

12 V.I. R. & Regs. § 904-12, 12 VI ADC § 904-12

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 910. Coastal Zone Permits

12 V.I. R. & Regs. § 910-1

910-1. Activities Requiring Coastal Zone Permits.

(a) As set forth in section 910 of the Act, any person intending to perform or undertake any development in the first tier of the coastal zone shall obtain a Coastal Zone Permit prior to performing or undertaking any such development.

(b) In addition to those activities designated in section 910(c) of the Act, the Commission designates the following activities, which are conducted completely or substantially seaward of the line of mean high tide, as requiring minor Coastal Zone Permits:

(1) Swimming or navigation buoys.

(2) Moorings.

(3) Small intake and outfall pipes.

(4) Small private piers.

(5) Rafts or floats.

(6) Underwater transmission lines or cables.

(7) Riprap revetments.

(8) Ramps.

(9) Scientific experiments on a case-by-case basis to be decided by the Commissioner.

(c) In addition to those activities designated in section 910(c) of the Act and subsection 910-1(b) of these regulations, activities set forth in section 911 of the Act dealing with trustlands or other submerged or filled lands require a permit or lease for their development or occupancy.

(d) As set forth in section 910(f) of the Act, the Commissioner shall perform the duties of Zoning Administrator within the first tier of the coastal zone, including the review of signs for conformance with all applicable zoning standards.

(e) Onsite Sewage Disposal Systems.

(1) General Requirements

a. No person shall install any component of an OSDS, either a conventional or alternative system, without first obtaining a Coastal Zone Permit.

b. Applicants for an Onsite Sewage Disposal System must use a CZM Minor Land Development Permit Application to apply for an OSDS permit.

c. Any person operating an OSDS, either a conventional or alternative system, must obtain a Certificate of Occupancy pursuant to V.I. R. & REGS. tit. 12, section 910-13 prior to operating the system.

d. No person may expand, retrofit or upgrade an OSDS without the permits required under this section.

e. Upon a finding of hardship the requirements of these rules and regulations may be waived by the Commissioner. The applicant must provide documentation or proof of hardship.

(2) Application Requirements for an OSDS Permit

The following must be submitted to DPNR with the completed application form.

a. A Federal Emergency Management Agency Flood Insurance Rate Map, with the property accurately plotted.

b. A flood plain screening may be required to determine whether a specific site is above the 10-year flood plain. No OSDS shall be constructed within the 10-year flood plain. Special mitigation measures are required for areas between the 10-year level flood height and the 100-year level flood height.

c. Site plans and calculations must be drawn to scale, signed, dated and stamped by a V.I. Licensed Engineer or Architect, and include the following:

(1) The type, size, location and elevation of the proposed system must be clearly identified.

(2) The lot and immediate vicinity, all property lines, buildings, wells, guts, springs, wetlands, roads, drives and water bodies must be clearly identified.

(3) Ground contours at five (5) foot intervals on slopes over ten (10) percent and two (2) foot intervals on slopes under ten (10) percent shall be shown.

(4) Trees with a diameter of four (4) inches or larger, large rocks, and rock outcrops must be clearly identified.

(5) OSDS details with cross sections, a description of the facilities served (existing and proposed) and all sewerage flow calculations must be included, along with the calculations for the system’s liquid capacity.

(6) The distance from at least two corners must be referenced from established control points, i.e., property corners, existing structures, trees or markers, etc., that are in the field and must be shown on the plans.

(7) An elevation reference point must be used to establish the elevation of the system’s structures and pipes. The reference point must be clearly indicated on the plans, must be established and clearly marked in the field outside of the proposed construction and must be accurate to within two (2) inches.

(8) Setback distances from property lines, water supply, water bodies, and all existing and proposed structures must be included and must be drawn to scale. Minimum setback distances for treatment tanks and in-ground disposal areas are described in Table 1. Minimum setback distances for wetland cells must be consistent with the current Virgin Islands Zoning Code setback requirements for structures. See Zoning and Subdivision Law, V.I. Code Annot. tit. 29 §§ 221 et seq.

Table 1.

Minimum Setback Requirements for OSDS

Distance in Feet Between

 

Treatment Tank

 

Disposal Area (1)

 

Sand Filter

 

Irrigation Line

 

Property Line

Upslope & Sideslope

10

10

10

25

Downslope (6)

3 X Slope (2)

30

Dwellings

10

25

25

25

Potable Water

Upslope & Sideslope

50

50

50

50

Supply (3)

Downslope

50

100

100

100

Wetlands (4)

25

100

50

100

Drainage Ways (5)

25

50

50

50

Escarpments & Manmade Cuts (8)

20

20

20

20

NOTES:

(1) Includes beds, trenches or chambers in mounds.

(2) 1.5 times the slope of the existing land in percent to the nearest 5%, but no less than 5 feet.

(3) Includes cisterns and wells.

(4) Coastal wetlands only, measured from the mean high tide line or the landward edge of the mangrove trees, whichever is greater.

(5) Ditches, stream beds or guts. The distance shall be measured from the top of the stream bed/gut embankment, or the calculated interface of the land and the 10-year flood level, whichever is greater.

(6) Downslope is perpendicular to slope of land. Sideslope is parallel to the slope of the land.

(7) For cisterns, may be reduced to 15 feet if the top of the tank, or the top of the disposal field or sand filter, or the irrigation line is below the bottom of the cistern respectively, or if the cistern is above ground.

(8) Escarpments or cuts over 3 feet deep.

d. No person may locate an OSDS anywhere, except on the property occupied by the structure to be served.

e. An operations and maintenance manual or plan must accompany all applications.

f. A Site Soil Map and a Site Soil Analysis must accompany the application. The site soil analysis must describe the suitability of the soils and site conditions for the disposal of the effluent. The soil’s parent material, textural classification, drainage conditions, bulk density, color and the depth to limiting factors must be identified. The presence of swelling clays, seasonally saturated soils, depth to bedrock, and the groundwater elevation must also be included. An applicant may rely upon the property’s soil classification and characteristics as defined by the USDA-NRCS in the “Classification and Correlation of the Soils of the Virgin Islands of the United States”, 1995, instead of conducting a site soil analysis.

g. Any test pit that is required for a proper soil analysis must be excavated to a depth of 48 inches, or until bedrock, impervious soils or swelling clays are encountered. Test pits must be sampled according to the procedures outlined in the handbook and the results must be submitted with the application.

(3) General Design Criteria for All OSDS

a. OSDS sewerage flow specifications for a single-family dwelling are 100 gallons per day (gpd) per bedroom. The minimum sewerage flow must be 200 gpd.

b. Sewerage flow specifications for other than a single-family residential building may be established through actual water use records that have been collected over a minimum of a one-year period. Readings must have been taken from the actual establishment or a similar establishment. If this methodology is used, then sewerage flow must be the calculated flow plus ten (10) percent.

c. Sewerage flow specifications may be calculated as required by the plumbing code adopted by DPNR/Division of Permits rules and regulations. See National Standard Plumbing Code (National Association of Plumbing – Heating – Cooling Contractors, 1996, or most recent update).

d. Reductions in Calculated Sewerage Flow

(1) Combinations and additive reductions are allowed for alternative toilets connected to a separate laundry disposal system or a low volume toilet connected to a separate laundry disposal system. Maximum allowable reductions in calculated sewerage flows are:

(a) Alternative Toilets: 30%. Alternative toilets may be connected to a graywater disposal system. If so, the conventional septic tank and disposal area are not required.

(b) Low Volume Toilets: 10%

(c) Separate Laundry Disposal System: 20%. A separate graywater disposal system is required when this option is proposed. See V.I. R & REGS tit. 12, § 910-1.(e)(8).

(2) The OSDS must be enlarged to original specifications if the conservation device or system is removed or malfunctions.

e. Any addition of one or more bedrooms, the replacement of an alternative toilet, or any other modification of a structure that increases the sewerage flow of a system requires that the OSDS be upgraded to meet the requirements of the rules and regulations under this section.

f. Community or cluster systems serving more than one dwelling must have a sewerage flow of the total individual dwellings’ sewerage flows.

g. The liquid capacity of an OSDS must meet the requirements of the National Standard Plumbing Code or other plumbing code adopted by DPNR/Division of Permits rules and regulations. See National Standard Plumbing Code (National Association of Plumbing – Heating – Cooling Contractors, 1996, or most recent update), but must be 1000 gallons or more.

h. Materials used in the installation and construction of the OSDS must meet all requirements of the National Standard Plumbing Code or other plumbing code adopted by DPNR/Division of Permits rules and regulations. See National Standard Plumbing Code (National Association of Plumbing – Heating – Cooling Contractors, 1996, or most recent update).

(4) Conventional Septic System Design Criteria and Requirements

a. A septic or treatment tank must be pumped at least once every five years by a licensed septic tank cleaner.

b. No permits will be issued for a septic system with a sewerage flow of more than 1000 gallons per day (gpd), or for flows that are other than domestic in composition, except for a constructed wetland system.

c. Community or cluster systems serving more than one dwelling must not exceed 1000 gpd sewerage flow, unless a constructed wetland system is utilized.

d. If a disposal area is to be utilized, the approximate corners of the disposal area must be located in the field and clearly marked.

e. If a conventional OSDS is unsuitable for a site due to any limiting factor, then a constructed wetland or other alternative disposal system must be utilized.

f. If a conventional OSDS malfunctions and cannot be repaired to a condition that meets current OSDS standards, a replacement system must be installed. The replacement system must be either a constructed wetland disposal system design or other alternative disposal system approved by DPNR. A replacement system application shall be considered an application for a new OSDS.

g. Wastewater from a septic tank must be discharged to an in-ground trench, bed or chamber; mound, sand filter or other discharge system. The disposal area and system must be constructed parallel to the ground contour and meet the requirements of the National Standard Plumbing Code or other plumbing code adopted by DPNR/Division of Permits rules and regulations. See National Standard Plumbing Code (National Association of Plumbing – Heating – Cooling Contractors, 1996, or most recent update).

(1) In-ground Trench Disposal Area Details

An In-ground Trench Disposal Area must be designed to a length as specified in Table 2 and according to the following criteria.

(a) Trenches must range in depth from 2 to 5 feet; the minimum required width is 24 inches.

(b) The trenches must be separated by a minimum of 6 feet and must not exceed 100 feet in length.

(c) A minimum of 12 inches of stone or other durable and insoluble material of uniform size, 1/2 to 2 1/2 inches in diameter must be placed in the bottom of the trench. Stone must be free of fines, dust, ashes and clay. The distribution line must be completely surrounded by the stone. The distribution line must be designed to uniformly disperse the wastewater throughout the entire trench length using one of the following methods:

(i) Perforated distribu-tion pipe must be installed and aligned so that the holes are located in the lower half of the pipe.

(ii) A pressure distribu-tion system that utilizes a small diameter pressure pipe.

(d) The stone must be completely covered with a minimum of 2 inches of compressed hay, 1 layer of approved non-woven filter fabric, or 1 inch of fiberglass insulation.

(e) Clean backfill, at least 12 inches in depth, must be carefully placed over the hay layer or approved substitute.

(f) An In-ground Trench Disposal Area must be located away from any paved area, driveway, roadway, well, other water supply or waterbody.

(2) In-ground Bed Disposal Area Details

An In-ground Bed Disposal Area must be designed to a size as specified in Table 2 and according to the following criteria.

(a) An In-ground Bed must range in depth from 2 to 5 feet.

(b) Maximum bed length must be 100 feet and a distance of two (2) times their width must separate multiple fields.

(c) Distribution lines must be installed a maximum of 5 feet from the bed’s edge and at intervals of no more than 5 feet.

(d) A minimum of 12 inches of stone or other durable and insoluble material of uniform size, 1/2 to 2 1/2 inches in diameter must be placed in the bottom of the trench. Stone must be free of fines, dust, ashes and clay. The distribution system must be completely surrounded by the stone. The distribution system must be designed to uniformly disperse the wastewater throughout the entire bed area using one of the following methods.

(i) Perforated distribution pipe must be installed and aligned so that the holes are located in the lower half of the pipe.

(ii) A pressure distribution system that utilizes a small diameter pressure pipe.

(e) The stone must be completely covered with a minimum of 2 inches of compressed hay, 1 layer of approved non-woven filter fabric, or 1 inch of fiberglass insulation.

(f) Clean backfill, at least 12 inches in depth, must be carefully placed over the hay layer or approved substitute.

(g) An In-ground Bed Disposal Area must be located away from any paved area, driveway, roadway, well, other water supply or waterbody.

(3) In-ground Chamber Disposal Area Details

(a) Maximum allowable reductions in calculated disposal area are:

(i) In-ground Trench Disposal Area: 40% of the trench length.

(ii) In-ground Bed Disposal Area: 15% of the bed disposal area.

(b) Only chambers designed for H-20 wheel load are allowed for installation under driveways or parking areas.

(c) Chambers must be vented per manufacturer’s specifications.

(d) The 12-inch stone layer and barrier material required for an In-ground Trench Disposal Area or an In-ground Bed Disposal Area may be eliminated with the use of an In-ground Chamber Disposal Area.

(e) A minimum of 12 inches of soil must cover the in-ground chamber.

(4) Mound Disposal Area Details

(a) All vegetation must be removed from the proposed disposal area and fill extension. The topsoil must not be stripped.

(b) The grade tolerance for the bottom of the disposal area and distribution line must be one inch per 100 feet.

(c) Fill must be free of foreign material, placed in 12-inch lifts, and lightly compacted. Fill must be sandy loam or coarser, be specified on the permit application and extend a minimum of 24 inches above the original ground surface.

(d) The finished grade of a mound disposal area must extend 5 feet beyond the edge of the disposal area and have a 3% slope. Beyond the 5-foot outer limit, the fill must be sloped at a uniform grade of no greater than 33% (3:1) to the original ground.

(e) The land adjacent to the mound disposal area must be graded to prevent surface water from accumulating or flowing across the mound disposal area.

(f) The finished mound disposal area and fill extension must be seeded or otherwise vegetated. Woody shrubs are not allowed on the mound disposal area.

(5) Sand Filter Details

(a) The filter area must be calculated by the methods in Table 2. Disposal of filter effluent must be by subsurface disposal or, where surface irrigation will be employed, the effluent must be disinfected after discharge from the sand filter and prior to use for irrigation.

(b) Filter Sand – The filter sand must be clean, coarse sand, passing a screen having four meshes per inch (U.S. Std. Sieve No. 3 1/2). The effective size of the sand must be between 0.3 mm (Sieve No. 50) and 0.6 mm (Sieve No. 30) and preferably be between 0.4 mm (Sieve No. 40) and 0.6 mm. The uniformity coefficient must be less than 4.0. Total organic matter and/or clay particles must not exceed 1%.

• Effective Size = the screen size (opening) which passes no more than 10% of the dried sample.

• Uniformity Coefficient = the screen size (opening) which passes 60% of the dried sample effective size.

(c) Crushed stone – Except for an open sand filter, clean, washed, crushed stone must surround underdrains and distribution pipes. All of the stone must pass a 1–1/2 inch screen and must be retained on a 1/2-inch screen.

(d) Design Details

(i) The treatment tank and dosing chamber pipes must uniformly distribute wastewater throughout the entire sand filter.

(ii) The effluent must be collected in underdrains and directed to a disinfection unit before final discharge. The disinfection unit must be regularly inspected and maintained by a DPNR-approved technician.

(iii) The property owner must have the effluent from the disinfection unit tested every six months for bacterial and fecal conform counts and proper chlorine levels and must report the test results to DPNR.

(e) Construction Details for Buried Sand Filter

(i) General – Following site excavation, the bottom must be hand graded to remove any material that can puncture a plastic liner. The excavation must be backfilled with 2 inches of select fill or sand. If the excavation is in bedrock, 6 inches of select fill must be placed below the liner.

(ii) Filter Liner – The filter must be sealed by a liner on the bottom and sides to at least the height of the distribution piping. The liner may be a minimum of two layers seamless or sealed seam polyethylene, PVC, hyperlon or EPDM rubber at least 20 mils (0.5 millimeters) thick each. A minimum of 4-inch thick reinforced concrete may be used as a liner.

(iii) Areas where piping passes through the liner must be thoroughly sealed and water-proofed.

(iv) Excess liner must not be folded over the top of the filter.

(v) Two inches of select fill or sand must be placed over the liner to prevent punctures. An eight-inch layer of washed gravel 1/2 to 1 1/2 inches in diameter must be placed over the select fill or sand.

(vi) The underdrain pipes must be centered in the 8 inch layer of gravel. A 15-inch wide layer of geotextile filter must be installed over each of the underdrain pipes.

(vii) A sand depth of 24 to 36 inches must be placed over the geotextile filter.

(viii) Eight inches or more of stone or other durable and insoluble material of uniform size, 3/4 to 2 1/2 inches in diameter must be placed on top of the sand. Stone must be free of fines, dust, ashes and clay. The distribution system must be completely surrounded by the stone and must be designed to uniformly disperse the wastewater throughout the entire mound area using one of the following methods.

(a) A perforated distribution pipe system that is installed and aligned so that the holes are located in the lower half of the pipe.

(b) A pressure distribution system that utilizes a small diameter pressure pipe.

(ix) The sand filter must be covered with 6 to 10 inches of loamy material and seeded with grass.

(x) Diversion dikes or ditches may be constructed to divert surface runoff.

(xi) Pipes outside of the sand filter must have a slope of 2.0% or more.

(f) Construction Details for Open (Free Access) Sand Filter

(i) General – The container for the sand filter must be constructed of reinforced concrete or other durable material approved by the Department. Container walls must be constructed to a sufficient height to prevent external surface water from entering the container.

(ii) The minimum thickness of concrete for the bottom and sides of the filter box must be 4 inches. A liner of seamless or sealed seam polyethylene, PVC, hyperlon or EPDM rubber consisting of a minimum of two layers that are at least 20 mils (0.5 millimeters) thick each may be used to waterproof the filter box.

(iii) The filter box must have a removable cover. The cover must be secured to prevent its unauthorized removal or being blown off by wind. A space of 12 to 24 inches must remain between the cover and the top of the sand filter surface.

(iv) The bottom of the filter box must be sloped to effect drainage into the under-drain pipe(s). The underdrain pipes must be centered in a 10-inch layer of gravel or stone between 1/2 to 1 1/2 inches in diameter. The perforated underdrain pipes must be 4 inches in diameter and slope between 0.5% to 1.0%. The upstream end of the underdrain pipe must be vented with a vertical pipe that ends above the filter surface but within the covered area. A 15-inch wide layer of geotextile fabric must be installed over each underdrain.

(v) A sand depth of 24 to 36 inches must be placed over the geotextile filter.

(vi) The distribution system must be designed so no scouring or erosion of the sand surface occurs.

(vii) Piping outside of the sand filter must have a minimum slope of 2.0%.

Table 2.

Design Matrix

Limiting Factors and Sizing of Disposal Area (1)

Soil Group

 

 

Depth to Rock or Water Table (5)(6)

 

System Size (4)

 

See Handbook Table 4-1A

 

Slope Factor (3)

 

<24″

 

24″ to 48″

 

>48″

 

Inground

 

Mound

 

Mound Basal

 

Sand Filter Buried

 

Sand Filter Open

 

Wetland (2)

 

Volcanic A (0.45 g/d/sq. ft)

<20% 20 to 30%

S. A S,A

M, S, A S,A

M. I. A S,A

Bed Area: 3.2 x SF Trench Length: 1.1 x SF

Bed Area: 1.5 x SF Trench Length: 0.6 x SF

3.2 x SF or 5 ft. fill extension & 3:1 sideslope, whichever is greater

1.0 X SF

0.43 X SF

0.75

Volcanic B (0.2 g/d/sq. ft)

<20% 20 to 30%

S, A S,A

M, S, A S,A

M, S. A S,A

NA NA

Bed Area: 1.5 x SF Trench Length: 0.6 x SF

5.0 x SF or 5 ft. fill extension & 3:1 sideslope, whichever is greater

1.0 X SF

0.43 X SF

0.75

Calcareous (0.45 g/d/sq. ft)

<20% 20 to 30%

S. A S,A

M, S, A S,A

M, I. A S,A

Bed Area: 3.2 x SF Trench Length: 1.1 x SF

Bed Area: 1.5 x SF Trench Length: 0.6 x SF

3.2 x SF or 5 ft. fill extension & 3:1 sideslope, whichever is greater

1.0 X SF

0.43 X SF

0.75

Alluvial A (0.45 g/d/sq. ft)

<20% 20 to 30%

S, A S.A

M, S, A S,A

M, I. A S,A

Bed Area: 3.2 x SF Trench Length: 1.1 x SF

Bed Area: 1.5 x SF Trench Length: 0.6 x SF

3.2 x SF or 5 ft. fill extension & 3:1 sideslope, whichever is greater

1.0 X SF

0.43 X SF

0.75

Alluvial B (0.2 g/d/sq. ft)

<20% 20 to 30%

S, A S,A

M, S, A S,A

M, S, A S,A

NA NA

Bed Area: 1.5 x SF Trench Length: 0.6 x SF

3.2 x SF or 5 ft. fill extension & 3:1 sideslope, whichever is greater

1.0 X SF

0.43 X SF

0.75

Other Soils

All

NA

NA

NA

NA

NA

NA

1.0 X SF

0.43 X SF

0.75

TYPE OF SYSTEM ALLOWED

A = Alternative OSDS – Constructed Wetland variety.

I = Inground system: Leach beds or trenches with system bottom a minimum of 24″ above bedrock. Chamber size minimum is 60% of trench length or 85% of bed area.

M = Mound system: Leach beds or trenches constructed in sandy loam or coarser sand fill with the system bottom a minimum of 36″ above bedrock.

S = Sand filter with chlorinated discharge or irrigation system disposal.

NA = Not allowed

SF = Sewerage flow (see Section 910-1E.3 in these CZM rules and regulations or section 3.2 in the Handbook).

NOTES:

(1) The sizing for beds, mounds and sand filters is in square feet, and for trenches it is in feet.

(2) Wetland cell size is 0.75 cubic feet per gallon of septic tank.

(3) Slope limit does not apply to wetland systems.

(4) Trench width minimum is 24 inches.

(5) Rock means solid or fractured rock.

(6) Measured from the original ground surface.

(5) Holding Tank System and Holding Tank

a. Holding Tank System

On or after the effective date of this subsection no holding tank system will be permitted.

b. Holding Tank

On or after the effective date of this subsection a holding tank will be permitted only under the following conditions:

(1) As a temporary replacement of an existing failed system when no other means of disposal is possible, and

(2) when connection to a public sewer system or an OSDS is made within one year of the permit’s approval.

c. A holding tank permit is valid for only one year and is not subject to renewal.

d. A copy of a signed contract between a licensed septic tank cleaner and the applicant for a holding tank permit must accompany an application for a holding tank. The contract must identify one or more DPNR approved sites to which the sewage will be hauled.

e. Holding tanks must be waterproofed and be fitted with an audio and visual warning device that indicates when the tank is three-quarters (3/4) full and requires pumping.

f. The owner of the property on which a holding tank has been installed must retain all receipts for pumping services and must submit copies of the receipts to DPNR on a quarterly basis.

(6) Abandoned Septic or Holding Tanks

An abandoned septic or holding tank must be disconnected and either filled with soil or be removed from the property.

(7) Seepage Pits, Boreholes and Cesspools Seepage pits, boreholes and cesspools for the disposal of septic tank or aeration tank effluent are not allowed.

(8) Graywater System

a. The graywater system must not connect to any potable water system and must not result in any surfacing of graywater.

b. The graywater system must accept all graywater connected to the OSDS.

c. The graywater system must have it’s own septic tank. The graywater septic tank can be no smaller than 65% the size of the septic tank required for the entire OSDS.

d. The minimum setback requirements for a graywater system are as follows:

Table 3.

Minimum Setback Requirements for Graywater Systems

Distance in Feet Between

 

Holding Tank

 

Irrigation Line

 

Dwellings

5

2

Property Line

Upslope & Sideslope (1)

5

15

Downslope

5

30

Potable Water Supply (2)

Upslope

50 (3)

50 (3)

Downslope

50

100

Wetlands (5)

50

50

OSDS Field (4)

5

10

NOTES:

(1) Downslope is perpendicular to slope of land. Sideslope is parallel to slope of land.

(2) Includes cisterns and wells

(3) For cisterns, may be reduced to 10′ if top of tank or irrigation pipe is below bottom of cistern elevation.

(4) Measured from toe of slope on mound system and sand filter.

(5) Coastal wetlands only, measured from the mean high tide line or the landward edge of mangrove trees, whichever is greater.

e. The sewerage flow for the graywater system must be calculated using the following parameters:

(1) Showers, bathtubs, kitchen sinks, dishwashers and wash basins–40 gpd per bedroom,

(2) Laundry facilities–20 gpd per bedroom.

f. The required total length for subsurface irrigation lines must be 1.7 times the sewerage flow.

g. All other specifications must meet any applicable requirements of the National Standard Plumbing Code, or other plumbing code adopted by DPNR/Division of Permits rules and regulations, whichever is higher. See National Standard Plumbing Code (National Association of Plumbing–Heating–Cooling Contractors, 1996, or most recent update).

(9) Alternative Toilets

a. Blackwaste may be disposed in an alternative toilet. Chemical toilets are not permitted.

b. Alternative toilets must be installed, maintained, repaired and replaced according to these rules and regulations, DPNR/Division of Permits rules and regulations, or the manufacturer’s recommendations.

(10) Experimental Systems

a. An application for an experimental system must:

(1) Demonstrate that a suitable backup system can be installed in the event the experimental system malfunctions,

(2) Supply documentation of the theory and applied research that supports the experimental system, and

(3) Include a monitoring plan for the installation and use of the experimental system.

b. Maintenance and Operation

(1) Applicants must provide DPNR with documents as proof that they have obtained training from the experimental systems’ manufacturer and are qualified to operate and maintain the experimental system, or

(2) Applicants must provide DPNR with documents as proof that a contractor that has obtained training from the experimental system’s manufacturer and is qualified to operate and maintain the experimental system has been contracted to maintain the experimental system. Copies of all maintenance contracts must be submitted to DPNR.

(11) Alternative OSDS Design Criteria and Requirements

a. Alternative OSDS will be permitted only for domestic wastewater flows.

b. Septic tanks utilized in this system must meet size requirements of section 910-1(e)(3). Septic tanks with a liquid capacity of 1000 gallons must be not less than two chamber tanks. Septic tanks with a liquid capacity greater than 1000 gallons must be three chamber tanks. Existing septic tanks must be retrofitted to have three chambers when the OSDS is converted to the system in this section.

c. Stormwater runoff must not enter wetland cells. Drainage from wetland cells must not reach any domestic water supply.

d. The wetland cells must be constructed parallel to the ground contour.

e. The wetland cells must be constructed to facilitate gravity flow through the system.

f. Wetland cells must have a minimum of three four-inch (4″), perforated inspection tubes available for the taking of effluent samples. Inspection tubes must be capped and placed in the beginning, middle and end of the wetland cell system.

g. Wetland cells must be able to be emptied by submersible pump, gravity drains or other approved method.

h. The total volume of the wetland cells must provide at least 0.75 cubic feet for each gallon of septic tank capacity. The width and depth of the wetland cell (trench or concrete trough) must be 2 feet or more.

i. The floor and walls of all wetland cells must be impervious. If impervious liners are used, they must be unpunctured and must be inspected prior to and during filling by DPNR.

j. The bottom layer of material must consist of clean, washed rock or gravel from 1 inch to 3 inches in diameter and must rise no closer than 8 inches from the top of the cell.

k. The rock or gravel must be completely covered by a pervious fabric separator.

l. The effluent in the wetland cells must be maintained at least 1″ below the pervious fabric separator.

m. The pervious fabric separator must be woven tightly enough to prevent soil particles from entering the gravel bed.

n. Six inches of soils with a low clay content or a high loam or sand content or washed pea gravel must be carefully placed over the fabric separator.

o. Any plants utilized in this system must have a well-established root system and must be firmly rooted prior to commencing system operation.

p. A Minor CZM Permit and all required Building and Plumbing Permits must be obtained prior to increasing the septic tank capacities and the size or number of wetland cells.

q. The requirements of the Zoning Code must be met prior to increasing the septic tank capacities and the size or number of wetland cells. See Zoning and Subdivision Law V.I. Code Annot. tit. 29 §§ 221 et seq.

(12) Cluster or Community System Maintenance/Ownership Agreement

a. Each permittee on a cluster system must be a party to a legally binding agreement regarding ownership, service, and maintenance of the cluster system. The agreement must:

(1) Be legally binding on all parties and ensure each owner of a unit that uses the cluster system for either treatment or disposal, or both, is a party to the agreement;

(2) Allow all permittees free access and use of the system;

(3) Provide a reliable management structure for performing system service, maintenance, and inspection;

(4) Provide a plan for apportioning and collecting all costs associated with using and maintaining the system;

(5) State that all parties to the agreement are jointly and severally responsible for the system’s proper maintenance and functioning.

b. The application for a cluster system must include a certified copy of an affidavit that has been duly recorded with the Office of the Recorder of Deeds for the district in which the real property is located. The affidavit must state that the property must not be transferred to a new owner without the new owner being advised that the property is part of a cluster system and that the new owner must become a party to the Maintenance/Ownership Agreement described in part a, this subsection. This affidavit must be added to the real property deed on which the cluster system is located and must be added to the real property deed of each permittee.

Current through December 28, 2020

12 V.I. R. & Regs. § 910-1, 12 VI ADC § 910-1

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 910. Coastal Zone Permits

12 V.I. R. & Regs. § 910-2

910-2. Waiver of Permit Requirement; Determination of Vested Rights; Clearing for Agricultural Purposes.

(a) Whenever a waiver of the permit requirement is desired on the grounds of emergency, the applicant may orally request such a waiver; Provided, however, That he submits a letter to the Commissioner stating the type and the location of the work, the length of time necessary to complete the work, the name of the person(s) conducting the work, and the reason for requesting a waiver within forty-eight (48) hours of such oral request.

(b) Whenever a claim of vested rights pursuant to the Act is made, prior to any development, such claim shall be made in writing to the Commissioner accompanied by all supporting documentation. The letter so claiming must describe the type and location of the work, the name of the person(s) proposing to conduct the work, the date(s) of obtaining all necessary and required permits, and evidence of commencement of construction in good faith prior to the effective date of the Act. The burden of proof shall be on the person claiming a vested right.

(c) Prior to any activities related to or undertaken in conjunction with the cultivation, use or subdivision of land for agricultural purposes, the Division of Coastal Zone Management shall be notified in writing in order to determine potential impacts on coastal waters and to prescribe appropriate preventive measures. Any preventive measures prescribed by the Division of Coastal Zone Management shall be strictly followed.

Current through December 28, 2020

12 V.I. R. & Regs. § 910-2, 12 VI ADC § 910-2

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 910. Coastal Zone Permits

12 V.I. R. & Regs. § 910-3

910-3. Content of Coastal Zone Applications.

(a) Application Form Design: The permit application form(s) shall be as approved and amended from time to time by resolution of the Commission. Approval may be preceded by consultation with the public and interested persons. This subsection shall not be construed to require Commission approval of nonsubstantive changes in format.

(b) Authority and Signatures: Upon filing an application, the applicant(s) shall be required to evidence in writing his legal interest in and right to perform development upon all property upon which work would be performed if the application were approved, including submission of all relevant legal documents. Where the applicant(s) is not the owner(s) of the property, the owner(s) must co-sign the application before it will be accepted for filing, except when the owner is the Government of the Virgin Islands, co-signatures may not be required. The applicant(s) shall have the burden of demonstrating to the satisfaction of the Commissioner the current validity of the legal interest upon which he bases all or any part of his application, before such application can be deemed complete pursuant to the Act and section 910-7 of these regulations.

Every application shall be dated and signed by the applicant(s), attesting to the truth, completeness and accuracy of the contents under penalty of perjury.

(c) Classification of Projects for Which a Coastal Zone Permit Is Required: Projects for which a Coastal Zone Permit is required shall be classified as either major or minor, as defined in section 910 of the Act except that the dollar figures used to classify projects may be annually adjusted by regulations of the Commission from time to time to reflect changes in economic conditions from the effective date of the Act. Appropriate statistics and formulae prepared by the U.S. Department of Labor shall be used for that purpose.

(d) Information Requested: Application form(s) shall request, and each application filed shall contain, such information, statements, drawings, maps and supplementary data as are reasonably required to determine whether the project applied for complies with the criteria of the Act.

(1) Minor Coastal Zone Permit applications for work to be performed on fastland (excluding land subdivisions) shall include:

(A) Coastal Zone Permit application form;

(B) Drawings for minor permits;

(C) Zoning requirements table;

(D) Public Work Department map;

(E) Proof of legal interest form; and

(F) Application fee.

(2) Minor Coastal Zone Permit applications for work to be performed on submerged land shall include:

(A) Application letter to Department of Conservation and Cultural Affairs;

(B) U.S. Army Corps of Engineers drawings;

(C) U.S. Army Corps of Engineers application form;

(D) Environmental Assessment Report for minor projects in coastal waters and shorelines;

(E) Affidavit of ownership or control form; and

(F) Application fee.

(3) Minor Coastal Zone Permit applications for land subdivisions shall include:

(A) Coastal Zone Permit application form;

(B) Drawings for subdivisions;

(C) Public Works Department map;

(D) Affidavit of ownership or control form; and

(E) Application fee.

(4) Minor Coastal Zone Permit applications for work on filled submerged lands shall include:

(A) Coastal Zone Permit application form;

(B) Drawings for minor permits;

(C) Zoning requirements table;

(D) Public Works Department map;

(E) Environmental Assessment Report for minor projects on filled land;

(F) Proof of legal interest (only if land other than filled submerged land is involved as well) and application form for a use permit or lease on filled submerged land; and

(G) Application fee.

(5) Major Coastal Zone Permit applications for work to be performed on fastland shall include:

(A) Coastal Zone Permit application form;

(B) Environmental Assessment Report for major projects;

(C) Drawing requirements for major Coastal Zone Permit applications;

(D) Public Works Department map;

(E) Affidavit of ownership or control form;

(F) Major project summary data; and

(G) Application fee.

(6) Major Coastal Zone Permit applications for work to be performed on submerged lands shall include:

(A) Application letter to Department of Conservation and Cultural Affairs;

(B) U.S. Army Corps of Engineers drawings;

(C) U.S. Army Corps of Engineers application form;

(D) Environmental Assessment Report;

(E) Affidavit of ownership or control form; and

(F) Application fee.

(7) Major Coastal Zone Permit applications for work to be performed on filled submerged land shall include:

(A) Coastal Zone Permit application form;

(B) Environmental Assessment Report;

(C) Drawings for major Coastal Zone Permit applications;

(D) Public Works Department map;

(E) Affidavit of ownership or control and application for a use permit or lease on filled submerged lands;

(F) Major project summary data; and

(G) Application fee.

Current through December 28, 2020

12 V.I. R. & Regs. § 910-3, 12 VI ADC § 910-3

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 910. Coastal Zone Permits

12 V.I. R. & Regs. § 910-4

910-4. Amendment of Coastal Zone Permit Applications.

(a) Amendments to applications for minor Coastal Zone Permits will be accepted at any time prior to granting or denial of such permits unless the Commissioner determines that the proposed amendment would substantially modify the scope, nature or characteristics of the proposed development. If the Commissioner has acted on a minor Coastal Zone Permit before the expiration of the statutory time limit for processing, the action shall be considered complete, and the permittee shall apply for a modification of approved coastal permit under section 910-14 for any change.

(b) Amendments to applications for major Coastal Zone Permits will be accepted at any time within thirty (30) days of receipt of the original completed application or at least thirty (30) days before the public hearing on the application, whichever is earlier, unless the Commissioner determines that the proposed amendment would substantially modify the scope, nature or characteristics of the proposed development. However, even if an amendment does not substantially modify the scope, nature or characteristics of the proposed development, the processing schedule, as set forth in section 910(d) of the Act, shall recommence from the date the amendment is filed.

(c) When the Commissioner determines that a proposed amendment to a Coastal Zone Permit application would substantially modify the scope, nature or characteristics of the proposed development, the original proposal shall be deemed withdrawn. The Commissioner shall promptly so notify the applicant. In such case, the applicant shall submit a new application for a Coastal Zone Permit prior to any further consideration of the development as originally proposed or as amended.

(d) The Commissioner may waive in whole or in part administrative processing fees and/or informational requirements for processing such an application referred to in subsection (c) based on the extent to which information or fees previously submitted are adequate for processing of the new application. (Section 910-5 of these regulations sets forth general provisions governing fees.)

Current through December 28, 2020

12 V.I. R. & Regs. § 910-4, 12 VI ADC § 910-4

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 910. Coastal Zone Permits

12 V.I. R. & Regs. § 910-5

910-5. Fees.

(a) Any person submitting an application for a Coastal Zone Permit shall pay a nonrefundable administrative processing fee as set forth herein.

(b) Any person securing a Coastal Zone Permit which includes a permit or lease for the development or occupancy of trustlands or other submerged or filled lands shall pay full economic rentals as set forth herein.

(c) All moneys paid to the Department of Conservation and Cultural Affairs pursuant to these regulations shall be deposited into the Natural Resources Reclamation Fund.

(d) Administrative Processing Fees:

(1) Applicants for the following transactions shall accompany their applications with an application processing fee as follows:

(A) Minor Coastal Zone Permit Application

(i) For estimated construction cost of $10,000 or less………. $50.00

(ii) For estimated construction cost greater than $10,000 but less than $25,000 ……….$125,000

(iii) For estimated construction cost of $25,000 or greater ……….$200.00

(B) Major Coastal Zone Permit Application

(i) For estimated construction cost of $250,000 or less……….$500.00

(ii) For estimated construction cost of $250,000 but less than $500,000 ……….$750.00

(iii) For estimated construction cost of $500,000 or greater ……….$1,000.00

(C) Amendment of Minor Coastal Zone Permit………. $50.00

(D) Amendment of Lease or Major Coastal Zone Permit ……….$500.00

(E) Assignment of Minor Coastal Zone Permit………. $50.00

(F) Assignment of Lease or Major Coastal Zone Permit ……….$500.00

(G) Pledge of Minor Coastal Zone Permit ……….$50.00

(H) Pledge of Lease or Major Coastal Zone Permit……….$500.00

(I) Modification of Minor Coastal Zone Permit………. $50.00

(J) Modification of Lease or Major Coastal Zone Permit ……….$500.00

(K) Subdivision – one to four (1-4) lots……….$100.00

– five (5) or more lots ……….$30.00/Lot

(2) The Commissioner may prescribe additional reasonable administrative fees for major Coastal Zone Permit applications if he finds that consideration of the application requires significant administrative expenditures in excess of those typically required on such applications, including the hiring of consultants when skills, knowledge, or expertise are needed but unavailable in the Department.

(e) All leases and permits issued pursuant to the Act and these regulations for trustlands or other submerged or filled lands shall contain provisions for the payment of annual rentals and fees.

The Commissioner or his duly authorized representative shall enter into negotiations with potential lessees or permittees for the establishment of such rentals and fees which shall be based on the fair market value of the land or improvements, gross receipts of commercial operations, and any other factors that may be pertinent thereto; provided however, that the weight being given to the criteria used shall be attached to the lease or permit and that no such lessee or permittee shall be charged a rental or fee less than the minimum provided below, subject to the provisions of subsection (f) of this section.

(1) Commercial Lease: ………. $1,000 minimum rental

(2) Non commercial lease: ………. $500 minimum rental

(3) Filled submerged land permit: ………. $500 minimum rental

(4) Permit for pier or structure on submerged land: ………. $500 minimum rental

(5) Submerged land permit for boat docking at a pier or structure: ………. $500 minimum rental

(6) Dredge permit:………. $1.00 per cubic yard; plus a minimum of 20% of the retail price for which such dredged sand or aggregate is sold

(7) Cables ………. $200 minimum rental

(8) Pipelines: ………. $200 minimum rental.

(f) Waiver or Reduction of Rental:

(1) The Commissioner may waive or reduce rentals when he determines that such a waiver or reduction is in the public interest. The Commissioner must render such a waiver or reduction of rental in writing and specify the reasons therefor. A copy of said decision must accompany the permit or lease when it is transmitted to the Governor for approval and to the Legislature for ratification.

(2) In making a determination pursuant to this section, the Commissioner shall consider:

(A) External factors, not the result of the applicant’s own action, tending to reduce the value of the rental;

(B) General public benefit;

(C) Specific public need; and

(D) Educational, research, scientific or charitable purposes.

(3) In any permit or lease in which, the rental fee has been waived or reduced pursuant to this section, provision shall be made for a reconsideration and/or reassessment of the fee no more than three (3) years after its effective date.

(g) Any person who has obtained a Coastal Zone Permit may pledge such permit to a commercial lending institution as security for a loan from such institution, or its assignee, to the permittee; provided the permittee does all of the following:

(1) pays an application fee of $50.00 (Minor Permit) or $500.00 (Major Permit);

(2) files with the Director an affidavit executed by an appropriate officer of the lending institution which attests to the lending institution’s commitment to comply with the terms and conditions of the permit upon succeeding to title to the permit or the real property covered by or associated with the permit after default and foreclosure of the lending institution’s lien;

(3) files with the Director evidence of the lending institution’s lien against the permit or the encumbrance over the real property covered by or associated with the permit; and

(4) satisfies the Director that all conditions of the permit have been or are being complied with.

The pledge shall be effective upon, the Director’s written acceptance of the document(s) submitted and the written consent of the appropriate Committee or the Commissioner.

(h) Upon foreclosure of a loan which includes a Coastal Zone Permit as security for said loan by a commercial lending institution under the terms of a pledge approved by the appropriate Committee or Commissioner in accordance with Section 910-5(g), the subsequent assignment or transfer of said permit to a purchaser (other than the foreclosing commercial lending institution) at a foreclosure sale or from the lending institution by private sale shall be subject to the provision of Section 910-15; provided, however, that such assignment or transfer shall not be subject to the provisions of Subsection 910-15(e) nor considered to be a modification of an approved Coastal Zone Permit subject to the provisions of Section 910-14 unless, as a part of the application to assign or transfer such permit, actual application is made to modify the permit. The lending institution shall make full disclosure to the Committee of the terms of the proposed assignment, transfer or sale.”

Current through December 28, 2020

12 V.I. R. & Regs. § 910-5, 12 VI ADC § 910-5

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 910. Coastal Zone Permits

12 V.I. R. & Regs. § 910-6

910-6. Application Withdrawal and Temporary Removal from Active Consideration.

(a) At any time before the Commissioner or a Committee acts on an application, an applicant may withdraw the application or remove it temporarily from the Commissioner’s or the Committee’s active consideration.

(b) Withdrawal shall be by signed writing and shall not require the concurrence of the Commissioner or the Committee.

(c) Temporary removal from active consideration shall include:

(1) A signed written statement which requests the consideration of the application by the Commissioner or a Committee meeting on a date not less than twenty-one (21) days later or agrees to give no less than twenty-one (21) days’ written notice prior to the time at which consideration of the application is desired; and

(2) An express waiver of the statutory time limit provisions of the Act and extension of the statutory time limit by the same number of days that consideration of the application is postponed by request of the applicant.

(d) One such temporary removal from active consideration may be made without concurrence of the Commissioner or the Committee; however, all subsequent temporary removals must have the concurrence either of the Commissioner, in the case of a minor permit, or of the Committee, in the case of a major permit.

(e) The Committee or Commissioner may remove an application from active consideration if the applicant fails to provide any of the requested information within the appropriate time limits. The applicant must be given written notice that the application will be deemed withdrawn if the information requested is not provided within 10 days of the service of the notice on the applicant.

Current through December 28, 2020

12 V.I. R. & Regs. § 910-6, 12 VI ADC § 910-6

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 910. Coastal Zone Permits

12 V.I. R. & Regs. § 910-7

910-7. Review of Coastal Zone Permit Applications.

(a) Upon receipt of an application for any Coastal Zone Permit, the Commissioner shall determine whether such application is complete. If the Commissioner determines that an application is not complete, he shall so notify the applicant within fifteen (15) working days from receipt of the application. An application may be resubmitted. Each time an application is resubmitted, the Commissioner shall notify the applicant within fifteen (15) working days whether the application is complete, and, if not, the nature of any further deficiencies. Each time an applicant submits new information, the Commissioner shall have fifteen (15) working days to determine the completeness of the application.

All responses must be submitted within 90 days of the Notice of Deficiency, unless a request for extension is granted. Failure to provide the requested information may be deemed a withdrawal of the application pursuant to Section 910-6(e) of these Rules and Regulations.

The factors to be evaluated in every determination of completeness shall include:

(1) Whether the application contains all documents, data, drawings and other materials specified in the application form;

(2) Whether the application contains sufficient information to enable the Division of Coastal Zone Management and the Committee or Commissioner to evaluate the application; and

(3) Proof of adequate legal interest, including submission of all relevant legal documents, co-signatures of owner(s) of the property where the applicant is not the owner, and if the owner is the Government of the Virgin Islands, demonstration to the satisfaction of the Commissioner of the current validity of the legal interest upon which the applicant bases all or any part of his application.

(b) When the Commissioner determines that an application for a major Coastal Zone Permit is complete, he shall so notify the applicant, send a copy of such application to all relevant public agencies for review and comment within thirty (30) days from receipt thereof, and schedule a public hearing on such application to be held within sixty (60) days from the date on which the Commissioner determines the application is complete. (Section 910-8 sets forth the procedures for public hearings on Coastal Zone Permit applications.)

(c) When the Commissioner determines that an application for a minor Coastal Zone Permit is complete, he shall promptly give written notice of such application to any person who he determines would be affected by or interested in such development, any person who has requested in writing to be notified concerning such development, and to the owner(s) of any/all lot(s) within or adjacent to the site of the proposed development. Upon a request from any such person, the Commissioner shall transmit a copy of the application to such person and request comments thereon within 30 days.

In addition, the Commissioner may give further notice of the project by publishing in a newspaper of general circulation an advertisement setting forth the nature and location of the proposed development and the location of any materials available for public inspection.

(d) The Committee shall act on a major Coastal Zone Permit application within thirty (30) days after the conclusion of the public hearing on such application unless the applicant agrees in writing to expressly waive and extend the statutory time limit. Written notification of the action taken and any condition(s) attached thereto shall be mailed to the applicant or made available to him at the Division of Coastal Zone Management within five (5) working days after the date on which the action is taken. A written summary describing the action, the findings and conclusions, and any conditions attached thereto shall be mailed to the applicant or made available to him at the Division of Coastal Zone Management within twenty (20) working days after the date on which the action is taken.

(e) The Commissioner shall act on a minor Coastal Zone Permit application within sixty (60) days of determination that the application is complete unless the applicant agrees in writing to expressly waive and extend the statutory time limit.

(f) Upon written request by an applicant or upon its own initiative, the Committee may, in its discretion, reconsider any condition which it has imposed as part of its approval of a Coastal Zone Permit application where new facts, not previously available to the Committee through no fault of the applicant, are presented, or where fulfillment of any condition appears impossible or impracticable. Where the applicant requests reconsideration of any condition, he shall have the burden of demonstrating the foregoing.

(g) The Division of Coastal Zone Management may establish a schedule for the orderly receipt and processing of major Coastal Zone Permit applications and a schedule for holding public hearings on major Coastal Zone Permit applications. If established, such schedule shall be prominently posted at the Division of Coastal Zone Management, and copies shall be available to all interested persons. Such schedule may include a set number of public hearings per month and may require that an applicant submit a completed application by a set date in order to have his application heard at the public hearing regularly scheduled for that month.

Current through December 28, 2020

12 V.I. R. & Regs. § 910-7, 12 VI ADC § 910-7

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 910. Coastal Zone Permits

12 V.I. R. & Regs. § 910-8

910-8. Coastal Zone Committee Hearings on Permit Applications.

(a) When the Commissioner determines that an application for a major Coastal Zone Permit is complete, he shall notify the applicant and shall promptly transmit a copy of such application to all relevant public agencies for review and comment within thirty (30) days of receipt thereof, and shall schedule a public hearing to be conducted by the appropriate Committee of the Commission on such application within sixty (60) days of the date on which the Commissioner determines the application is complete. (Section 910-7 sets forth provisions regarding review of Coastal Zone Permit applications.)

(b) Notice of public hearings shall include:

(1) An advertisement setting forth the nature and location of the proposed development, the time and place of the public hearing, and the location of any materials available for public inspection, published in a newspaper of general circulation at least twice before the public hearing;

(2) Written notice to any person whom the Commissioner determines would be affected by or interested in such development, to any person who has requested to be notified of the hearing, and to the owner(s) of any/all lot(s) within or adjacent to the site of the proposed development at least ten (10) days prior to the date of the public hearing; and

(3) A notice setting forth the general purpose, and the time and place of the public hearing posted at the site of the proposed development. (Section 910-7 sets forth provisions regarding review of Coastal Zone Permit applications, including notice.)

(c) The Chairman of the appropriate Committee or, in his absence, his designee shall conduct public hearings on major Coastal Zone Permit applications. At least three members of the Committee shall be present during such public hearings, except where there is a finding by the Chairman of the appropriate Committee (or his designee) of emergency circumstances, in which case a public hearing may be held with fewer than three members of the Committee present.

(d) The Chairman or, in his absence, his designee shall have the power to exclude irrelevant, immaterial, unduly repetitious or argumentative statements or questions and to limit the length of testimony. Any person may submit additional materials in writing for the record, within seven (7) days after the hearing.

(e) Public hearings on Coastal Zone Permit applications shall ordinarily proceed in the following order:

(1) Identification of the application.

(2) Presentation by or on behalf of the applicant.

(3) Other speakers concerning the application.

(4) Other matters or adjournment.

Questions or statements by Committee members, the Commissioner, or the staff of the Division of Coastal Zone Management will be in order at any time.

(f) Records: Evidence submitted to the Committee in connection with Committee actions for which a public hearing has been announced will be available for public inspection at the office of the Director prior to the public hearing. All such evidence shall be retained and made available to the public for inspection after final Committee action.

Current through December 28, 2020

12 V.I. R. & Regs. § 910-8, 12 VI ADC § 910-8

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 910. Coastal Zone Permits

12 V.I. R. & Regs. § 910-9

910-9. Coastal Zone Committee Meetings on Coastal Zone Applications.

(a) The Chairman of a Committee, upon his own motion or upon the request of a Committee member, the Commissioner, or the Director may schedule meetings of the Committee on Coastal Zone Permit applications. (Procedures governing Coastal Zone Committee meetings on matters other than permit applications are set forth in section 904-4.)

(b) All meetings of a Committee shall be entered on a schedule to be maintained at the office of the Director, which schedule shall be available for public inspection during regular business hours. The schedule entry of a Committee meeting shall include an agenda of items to be considered by the Committee at the meeting.

(c) Minutes shall be kept of all meetings of a Committee. Minutes may include a short summary of the business which was conducted by the Committee and a record of all official actions taken, if any, by the Committee. Such minutes shall be available for public inspection.

(d) The Committee shall conduct site visits whenever it determines that such visits would be helpful in evaluating Coastal Zone Permit applications, Coastal Zone Permits and compliance therewith.

(e) At a vote on any matter, including but not limited to applications for Coastal Zone Permits, a tie vote on a motion shall be deemed disapproval of the motion.

Current through December 28, 2020

12 V.I. R. & Regs. § 910-9, 12 VI ADC § 910-9

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 910. Coastal Zone Permits

12 V.I. R. & Regs. § 910-10

910-10. Coastal Zone Permit Provisions.

(a) Coastal Zone Permits for coastal zone applications which have been approved shall include:

(1) A concise and accurate description of the development authorized by the Coastal Zone Permit.

(2) Identification of any documents, incorporated by reference, which are required to clarify the terms of the Coastal Zone Permit or to facilitate carrying out the intent of the Committee or the Commissioner.

(3) The date on which the permit becomes effective (which date shall be the date on which it is signed by the Committee or the Commissioner) and, where appropriate, the date on which the permit shall expire.

(4) A statement that construction of any development approved by a Coastal Zone Permit shall begin within twelve (12) months from the date such permit becomes effective and shall be continuous until completion and that failure to so commence work within such period and continuously construct thereafter until the completion of construction, shall cause the permit to terminate automatically and render it null and void, unless the permittee requests an extension in writing and demonstrates to the satisfaction of the Committee or Commissioner that good cause exists for granting such extension. If a permittee requests an extension of a major Coastal Zone Permit, notice shall be published of such request, and the public shall have the right to comment in writing concerning such request.

(5) A statement that the permit may not be transferred or assigned except as provided in section 910-15 of these regulations.

(6) A statement that the Commission, its Committees, the Commissioner or their authorized agents or representatives shall have the power to enter at reasonable times upon any lands or waters in the coastal zone for which a Coastal Zone Permit has been issued, and that the permittee shall permit such entry, for the purpose of inspecting and ascertaining compliance with the terms and conditions of said Coastal Zone Permit, and that the permittee shall provide access to such records as the Commission, its Committees or the Commissioner, in the performance of its or his duties under the Act, may require the permittee to maintain. Such records may be examined, and copies shall be submitted to the Commission, its Committees or the Commissioner upon request.

(7) A statement that if the permit is revoked or expires, the permittee shall, upon order of the Committee or the Commissioner, and in their sole direction:

(A) Remove all structures authorized by the permit and restore the area in the manner specified by the Division of Coastal Zone Management; and/or

(B) Modify such structure or site; and/or

(C) Comply with any reasonable directive of the Committee or the Commissioner in satisfying the original permit conditions in such time and manner as the Committee or the Commissioner may direct.

(8) A statement that if the development or occupancy of trustlands or other submerged or filled lands, or other development in the coastal zone, requires separate and distinct approval from the United States Government or any agency, department, commission or bureau thereof, then no such development or occupancy shall begin before receipt of all such permits and approvals.

(9) A statement that the development will operate so as to assure optimum public access to recreational opportunities at the shoreline. (This provision shall not be included in minor Coastal Zone Permits.)

(10) A statement that a placard evidencing the permit shall be posted conspicuously at the project site during the entire period of work.

(11) A statement that in issuing this permit, the Committee or the Commissioner has relied on the information and data provided by the permittee and that if, after the issuance of this permit, such information or data prove to be false or inaccurate, then the Committee or the Commissioner may modify, suspend, or revoke the permit, in whole or in part, and institute appropriate legal proceedings.

(12) A statement that when the activity authorized or required by a Coastal Zone Permit is complete the permittee shall promptly so notify the Director and provide him with a certification of compliance that the plans and specifications of the project and all applicable Department of Conservation permit requirements have been met.

(13) A statement that if the permittee abandons, deserts or vacates the premises or discontinues its operations at the premises for a period totalling six (6) consecutive months, then the permit will terminate automatically and be rendered null and void.

(b) In addition to those provisions required by subsection (a), the Committee or the Commissioner may require additional conditions to be included.

(c) In addition to those provisions required by subsections (a) and (b), all Coastal Zone Permits for the occupancy or development of trustlands or other submerged or filled lands shall include:

(1) The amount and manner of payment of rental and/or use fees.

(2) A statement that a Coastal Zone Permit that includes an occupancy or development permit is issued for a definite term, shall not constitute a property right, and shall be renewable only if the requirements of 12 V.I.C. § 911 are satisfied.

(3) A statement that a Coastal Zone Permit for the occupancy or development of trustlands or other submerged or filled lands shall be subject to approval by the Governor and ratification by the Legislature or, if the Legislature is not in session, then by the Committee on Conservation, Recreation, and Cultural Affairs of the Legislature.

(d) All Coastal Zone Permits shall contain a statement that violation of any provision of the permit shall result in revocation of the permit.

“(14) A statement that the applicant shall sign and return the permit document to the Department within 60 days of receipt thereof. Failure to return the signed permit within the time period specified herein will be considered a rejection of the terms and conditions of the permit and will render the offer of the permit null and void, unless a written extension is requested and granted.”

Current through December 28, 2020

12 V.I. R. & Regs. § 910-10, 12 VI ADC § 910-10

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 910. Coastal Zone Permits

12 V.I. R. & Regs. § 910-11

910-11. Issuance of Major Coastal Zone Permits; Easements.

(a) Development for which a major Coastal Zone Permit has been approved shall not begin until the Committee has signed and issued the Coastal Zone Permit to the applicant.

(b) If approval of a major Coastal Zone Permit has been given subject to conditions, including but not limited to a condition requiring conveyance of an easement or right-of-way, then no Coastal Zone Permit shall be issued until all such conditions have been met, including but not limited to receipt of an easement or right-of-way conveyance acceptable to the Committee; Provided, however, That the Committee, in its discretion, may issue a Coastal Zone Permit prior to compliance with all conditions where:

(1) The applicant has evidenced his intent to comply with the condition;

(2) The applicant has satisfied the Committee and demonstrated in writing why the condition cannot be partly or fully complied with before issuance of the permit; and

(3) No reasonable grounds for insecurity have arisen as to the applicant’s compliance with, or intent to comply with, the condition(s).

(c) Notwithstanding the provisions of subsection (b), if any condition of a major Coastal Zone Permit requires the applicant to submit a plan for satisfaction of a condition to the Division of Coastal Zone Management and/or to the Committee for review and approval, no Coastal Zone Permit shall be issued until such plan(s) has been reviewed and approved.

(d) If a Committee requires grant of an easement or public access way as a condition of a major Coastal Zone Permit application, then the following procedures shall apply:

(1) Any such easement shall be granted to the Government of the Virgin Islands and shall allow free and unrestricted access to the shoreline by the public;

(2) Any such easement shall be in a form sufficient to satisfy the requirements of the Virgin Islands Code; and

(3) Any such easement shall be delivered to the Director, who shall promptly record the easement at the Office of the Recorder of Deeds.

Current through December 28, 2020

12 V.I. R. & Regs. § 910-11, 12 VI ADC § 910-11

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 910. Coastal Zone Permits

12 V.I. R. & Regs. § 910-12

910-12. Conservation Practices.

Any development for which a Coastal Zone Permit is required and issued shall be performed in accordance with the standards set forth in applicable local and federal law and regulations.

Current through December 28, 2020

12 V.I. R. & Regs. § 910-12, 12 VI ADC § 910-12

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 910. Coastal Zone Permits

12 V.I. R. & Regs. § 910-13

910-13. Certificates of Occupancy.

(a) No structure which has been constructed pursuant to a Coastal Zone Permit shall be occupied or used until a Certificate of Occupancy has been applied for, approved, and issued by the Commissioner pursuant to his duties as Zoning Administrator under the Act and Title 29 V.I.C., chapter 3.

(b) An applicant for a Certificate of Occupancy may make joint application for said Certificate (to be issued by the Commissioner) and for a Certificate of Use and Occupancy pursuant to Title 29 V.I.C., chapter 5 (to be issued by the Commissioner of the Department of Public Works) under a joint application form.

(c) The joint application form shall be as approved and amended from time to time by the Commissioner of the Department of Public Works and the Commissioner of the Department of Conservation and Cultural Affairs. Approval may be preceded by consultation with the public and interested persons.

(d) The joint application form shall request, and each application filed shall contain, such information, statements and supplementary data as are reasonably required to determine whether the project complies with all land and water use laws and regulations administered by the Departments of Public Works and Conservation and Cultural Affairs.

Current through December 28, 2020

12 V.I. R. & Regs. § 910-13, 12 VI ADC § 910-13

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 910. Coastal Zone Permits

12 V.I. R. & Regs. § 910-14

910-14. Modification of Approved Coastal Zone Permits.

(a) An application for modification of the provisions of a Coastal Zone Permit shall be treated as a new application for a Coastal Zone Permit unless the Commissioner determines that such modification would not substantially alter or modify the scope, nature or characteristics of the existing permit or approved development.

(b) Where the Commissioner finds that such proposed modification would not substantially alter or modify the scope, nature or characteristics, the Committee may nevertheless impose such conditions to approval of the modification as it deems necessary to satisfy the provisions of the Act.

(c) The Commissioner may waive in whole or in part administrative processing fees and/or information requirements for processing such new application. He shall base such a waiver on the extent to which information or fees previously submitted are adequate for processing of the new application. (Section 910-4(d) and 910-5 set forth additional provisions relating to Coastal Zone Permit fees.)

Current through December 28, 2020

12 V.I. R. & Regs. § 910-14, 12 VI ADC § 910-14

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 910. Coastal Zone Permits

12 V.I. R. & Regs. § 910-15

910-15. Assignment and Transfer of Coastal Zone Permits.

(a) If an applicant transfers or assigns his interest in a development for which a Coastal Zone Permit has been applied, but not yet acted upon, a new permit application shall be required. The Commissioner may waive in whole or in part administrative processing fees, informational requirements and/or time limits for processing such an application if the development is substantially similar to the one for which the permit application is pending and no significant question appears concerning the capacity of the transferee or assignee to comply with any applicable permit conditions.

(b) Any person who has obtained a Coastal Zone Permit may request the Committee (in the case of a major permit), or the Commissioner (in the case of a minor permit) to assign or transfer such permit to another person. In order to assign or transfer a Coastal Zone Permit, the applicant must:

(1) Submit an application fee of $75.00 to the Director. (Only for assignment or transfer of a major Coastal Zone Permit.)

(2) File with the Director an affidavit executed by the assignee or transferee which attests to his promise to comply with the terms and conditions of the permit.

(3) File with the Director evidence of the assignee’s or transferee’s legal interest in the real property involved and of his capacity to satisfy the provisions of the permit. In the case of a transfer from a person who filed a voluntary petition in bankruptcy or a petition or answer seeking an arrangement or a reorganization or the readjustment of indebtedness under the federal bankruptcy laws or who was adjudged bankrupt under such laws or from a person against whom an order was made approving a petition filed by any of its creditors under such laws, the Director shall require copies of appropriate documents from the bankruptcy court.

(4) File with the Director the original permittee’s request to assign or transfer all rights to undertake the development to the assignee or transferee.

(5) Satisfy the Director that all conditions of the permit have been or are being complied with.

(c) The applicant for assignment or transfer shall submit the required documents to the Director together with a completed application form provided by the Director. The assignment shall be effective upon the Director’s written acceptance of the documentation submitted and written consent of the appropriate Committee or the Commissioner.

(d) No person except the permittee may perform or undertake development under the permit except by assignment or transfer of the permit pursuant to these regulations.

(e) An assignment or transfer of a Coastal Zone Permit shall be considered a modification of an approved Coastal Zone Permit subject to the provisions of section 910-14.

Current through December 28, 2020

12 V.I. R. & Regs. § 910-15, 12 VI ADC § 910-15

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 913. Enforcement

12 V.I. R. & Regs. § 913-1

913-1. Cease and Desist Orders.

(a) The Commissioner or the Committee may issue a written order directing any person to cease and desist from any activity which may constitute a violation of the Act. Said activities shall include but not be limited to the following:

(1) Undertaking, or in any manner threatening to undertake, any activity that may require a Coastal Zone Permit without first securing such a permit.

(2) Any activity which is inconsistent with or in violation of any provision of a Coastal Zone Permit.

(3) Failure to timely submit to the Committee or the Commissioner, in accordance with the provisions of a Coastal Zone Permit, any required information, or failure to submit such information in a complete and accurate fashion.

(b) A cease and desist order shall be effective upon issuance by the Committee or the Commissioner and shall be served by certified mail or by hand delivery upon the person or persons whose activity may constitute a violation of the Act, upon the permittee, and/or upon the owner of record of the property on which the violation has or will take place, or upon the agent or agents of any such person.

(c) A cease and desist order shall state the alleged violation and may state the steps necessary to ensure compliance with the Act including but not limited to the immediate removal of any fill or other material, or the setting of a time limit within which a Coastal Zone Permit shall have been applied for.

(d) A cease and desist order shall state the time and place for a hearing for the purpose of determining the facts relating to the alleged violation of the Act and of determining an appropriate remedy. The hearing shall be scheduled for a date no later than seven working days after issuance of the order, provided that a reasonable postponement may be granted on the request of the person to whom the order is directed. A hearing is required regardless of whether the person or persons whose activity is alleged to constitute a violation of the Act chooses to attend or be represented; Provided, That the hearing may be cancelled if the violation is remedied prior to the date of the hearing.

(e) In the case of a cease and desist order issued by the Commissioner, the Commissioner or his designee shall preside at the hearing; otherwise, the Chairman of the Committee or his designee (who shall be a member of the Committee) shall preside. If he deems it necessary, the presiding officer may arrange for a verbatim transcript of the hearing to be prepared.

(f) At any hearing the person or persons whose activity is alleged to constitute a violation of the Act shall have an opportunity to be heard, to present evidence, and to cross-examine witnesses.

(g) Promptly after the hearing, the presiding officer shall make his determination in writing, which shall be accompanied by findings of fact and conclusions of law in support thereof. In the case of a cease and desist order issued by the Committee, the Committee shall have an opportunity to review and amend said determination and the supporting findings and conclusions. Said determination, together with supporting findings and conclusions, shall be promptly served on all persons upon whom the cease and desist order was served and shall be made available to other interested persons. If the presiding officer determines that a violation has occurred, then the determination may also include:

(1) In the case of violation of an existing Coastal Zone Permit, an order that the violations be remedied by fulfilling the requirements and conditions of the permit (including restoration); or that an amendment to the Coastal Zone Permit be applied for;

(2) In the case of undertaking of activity without obtaining a Coastal Zone Permit, an order that application be made for a Coastal Zone Permit and/or that appropriate remedial action be taken at the site of the violation;

(3) A statement that the cease and desist order shall remain in effect until lifted by the presiding officer only after prescribed steps are taken which are designed to ensure compliance with the Act;

(4) A recommendation that a revocation proceeding be instituted (see section 913-2);

(5) A recommendation that violations be prosecuted by the Attorney General or other appropriate authority before the appropriate court or administrative tribunal (see section 913(c) of the Act); and

(6) Any other appropriate statement, order of remedial action, or recommendation.

If the presiding officer determines that there has been no violation of the Act, then the cease and desist order shall immediately terminate.

Current through December 28, 2020

12 V.I. R. & Regs. § 913-1, 12 VI ADC § 913-1

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 913. Enforcement

12 V.I. R. & Regs. § 913-2

913-2. Revocation of Coastal Zone Permits.

(a) Failure of a permittee or applicant to comply with the requirements of the Act, these regulations, or the provisions of a Coastal Zone Permit shall constitute grounds for revocation of the permit.

(b) When the Commissioner has reason to believe that grounds for revocation exist or upon the request of the Committee or the Commission to investigate whether such grounds exist, the Commissioner or his designee shall conduct an investigation if such investigation has not previously been conducted. If as a result of his investigation the Commissioner determines that grounds for revocation do exist, he shall schedule a public hearing of the Committee to consider the matter. Otherwise, the Commissioner or his designee shall report the results of the investigation to the Committee which may, on its own motion, determine that sufficient grounds exist to schedule a public hearing on the matter.

(c) Upon the Commissioner’s or the Committee’s determination to schedule a hearing, notice containing the following information shall be served by certified mail or hand delivery upon the permittee or his authorized agent or representative and shall be published in a newspaper of general circulation:

(1) Identification of the permit in question.

(2) The grounds which gave rise to the Commissioner’s or the Committee’s determination that a hearing should be held.

(3) The place of the hearing.

(4) The time of the hearing which shall be at least seven (7) working days after notice is served on the permittee.

(5) That failure of the permittee to appear or be represented at the hearing may result in a decision to revoke being rendered in his absence.

(d) The Chairman of the Committee or his designee (who shall be a member of the Committee) shall preside at the hearing, at which a quorum of the Committee shall be in attendance. The presiding officer shall cause a verbatim transcript of the hearing to be prepared.

(e) At the hearing, the permittee and the Commissioner or his designee shall each have an opportunity to be heard, to present evidence, and to cross-examine witnesses; the Committee shall have an opportunity to question witnesses.

(f) Promptly after the hearing, the Committee shall make its determination in writing, which shall be accompanied by findings of fact and conclusions of law in support thereof. Said determination, together with supporting findings and conclusions, shall be promptly served on the permittee. The Committee may determine either to revoke the permit or to take other appropriate action including but not limited to:

(1) Requiring the permittee to apply for an amendment to the permit;

(2) Ordering that violations of the permit be remedied by a particular date (including restoration);

(3) Ordering the permittee to cease and desist from further violations of the terms and conditions of the permit or of the Act or these regulations;

(4) Recommending that violations be prosecuted by the Attorney General or other appropriate authority before the appropriate court or administrative tribunal (see section 913(c) of the Act).

Current through December 28, 2020

12 V.I. R. & Regs. § 913-2, 12 VI ADC § 913-2

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 913. Enforcement

12 V.I. R. & Regs. § 913-3

913-3. Administrative Assessment of Civil Fines and Penalties.

(a) Purpose and Scope. This section implements Title 12, V.I. Code, chapter 21, section 913(c)(5) by establishing procedures for the administrative assessment of civil penalties for violations of the CZM Act. [FN1]

[FN1]

12 V.I.C. § 901 et seq.

(b) Authority. These regulations are promulgated pursuant to authority contained in Title 12, V.I. Code, chapter 21, section 913(c)(5).

(c) Definitions.

“Act” means the Coastal Zone Management Act, [FN1] as amended, or rules and regulations which implement the Act.

 [FN1]

12 V.I.C. § 901 et seq.

“Adjudication” means the Department’s process for formulating a final administrative decision.

“Commission” means the Coast Zone Management Commission, its St. Croix Committee, its St. John Committee or its St. Thomas Committee.

“Commissioner” means the Commissioner of the Department of Planning and Natural Resources.

“Conservation Enforcement Officer” means any person authorized to enforce the laws and regulations under the Act.

“Conservation ticket” means a form, prescribed by the Commissioner, upon which a Notice of Violation or Notice of Violation and Assessment may be written.

“Decision” means an initial or final decision of the Hearing Officer.

“Department” means the Department of Planning and Natural Resources.

“Final administrative decision” means an order or decision of the Department assessing a civil penalty or permit sanction which is not subject to further Departmental review under this subchapter and which is subject to collection proceedings and judicial review in an appropriate court, as authorized by law.

“Forfeiture” includes, but is not limited to, surrender or relinquishment of any claim to an item by written agreement or otherwise; or loss of any claim to, and transfer of title to an item to the Department by court order or by order of the Commissioner, pursuant to statute.

“Hearing Officer” means any person designated by the Commissioner to preside over hearings under this subchapter.

“Initial decision” means a decision of the Hearing Officer which, under applicable statute and regulation, is subject to review by the Commissioner, but which becomes the final administrative decision in the absence of such review.

“Notice of Violation (NOV)” means a written notice issued by a Conservation Enforcement Officer and which accuses a respondent of violation of the Act.

“Notice of Violation and Assessment (NOVA)” means a written notice issued by the Commissioner or his designate, which accuses a respondent of violation of the act and assesses a civil penalty for the violation.

“Party” means a respondent or the Department. Also, it includes, a joint and several respondent, vessel owner or permit holder and any other person allowed to participate in any hearing.

“Payment agreement” means any promissory note, security agreement, settlement agreement or other contract, specifying terms according to which a permit holder agrees to pay a civil penalty.

“Permit” means any license, permit, certificate or other approval issued by the Commission, Commissioner or Department pursuant to the CZM Act.

“Permittee” means the holder of a permit or any agent or employee of the permittee.

“Permitting” means the process for granting, revoking, renewing, denying or otherwise limiting, amending or conditioning a permit.

“Person” means any individual, corporation or governmental body, other than a party, competent to make an oath or affirmation, offer testimony and otherwise assist in the adjudication process.

“Respondent” means the person or entity accused of violation of the Act.

“Sanction” means suspension, revocation or modification of a permit; assessment of damages, including liquidated damages, reimbursement, restitution, compensation, costs, charges or fees; imposition of a penalty or fine; or taking other compulsory or restrictive action.

“Vessel owner” means the owner of any vessel that is liable in rem for any civil penalty under this subchapter, or whose permit may be subject to sanction as a result of civil penalty proceedings under this subchapter.

(d) Procedures.

(1) In general, the requirements of due process are met when the responding party is afforded:

(A) Timely and adequate notice;

(B) A hearing or other opportunity to confront adverse witnesses and present oral evidence on his own behalf;

(C) The right to be accompanied, represented and advised by counsel or other representative;

(D) A determination or decision based solely on the record and that identifies the evidence relied upon and specifies the reasons for the decision;

(E) An impartial decision-maker.

(e) Written Warnings.

(1) A written warning may be issued, in lieu of other law enforcement action that could be taken for violation of the Act, by any person authorized to enforce the laws and regulations under the Act. The written warning shall:

(A) state that it is a written warning;

(B) state the factual and statutory or regulatory basis for its issuance;

(C) advise the violator of its effect in the event of a future violation;

(D) state that the warning is kept on file for reference in determining the appropriate legal or administrative action to take if there is a subsequent violation;

(E) inform the violator of the right of review and appeal under subsection (s).

(2) The Department will maintain a record of written warnings that are issued.

(3) If, within 120 days of the date of service of the written warning, further investigation discloses a prior written warning to or violation by the respondent for the same offense within three (3) years from the date of service, or that the violation is more serious than realized at the time the written warning was served, the Department may withdraw the warning and commence any other enforcement which may be taken under the Act.

(4) The written warning will be noted on the face of and attached to all Coastal Zone Permits issued, transferred or assigned to the respondent.

(5) A violation is considered to be minor if:

(A) no watercourses or trustlands are disturbed or impacted by activity which is the subject of the NOV;

(B) no fill or debris is placed upon land area greater than 200 square feet;

(C) it involves an earth change of no more than 200 square feet;

(D) it involves a structure covering land area no more than 200 square feet, not exceeding a height of ten (10) feet above ground level or above the height of any structure to which it is attached, or is placed in the earth to a depth of no more than twelve (12) inches.

(6) A violation is of a technical nature if:

(A) it involves activity, not including development, which is required by a permit issued to the respondent, but which the respondent has failed to do; or

(B) it involves development pursuant to a CZM permit, performed after and within 30 days of the expiration of the permit.

(7) An NOV may be appealed as follows:

(A) Within 30 days of service of the NOV, a written request seeking review must be addressed to the Commissioner and delivered to the Office of the Commissioner at the main office of the Department.

(B) The request must present the facts and circumstances that explain or deny the violation described in the NOV.

(8) The Commissioner may, in his or her discretion, affirm, expunge or modify the NOV and will notify the person of the decision in writing. The decision constitutes the final agency action.

(f) Notice of Violation and Assessment.

(1) A Notice of Violation and Assessment (NOVA) is issued by the Commissioner or his designate and served personally or by mail, return receipt requested, upon each respondent. A copy of the NOVA is similarly served upon the permit holder, if the holder is not the respondent. The NOVA is required to contain:

(A) A concise statement of the facts believed to show a violation;

(B) specific reference to the provisions of the Act, regulation, permit, or order allegedly violated;

(C) the findings and conclusions upon which the Department bases the assessment;

(D) the amount of the civil penalty assessed; and

(E) a copy of the regulations in this section governing the proceedings.

The NOVA is also required to advise the respondent of his rights upon receipt of the NOVA.

(2) In assessing a civil penalty, the Department takes into account information available to the Department concerning any factor to be considered under the applicable statute, and any other information that justice or the purposes of the statute requires.

(g) Procedure Upon Receipt of a NOVA.

(1) The respondent has thirty (30) days from the receipt of the NOVA in which to respond. During this time the respondent may:

(A) Accept the penalty by taking the actions specified in the NOVA;

(B) Seek to have the NOVA amended, modified, or rescinded under clause (2) of this subsection;

(C) Request a hearing under clause (5) of this subsection;

(D) Request an extension of time under clause (3) of this subsection; or

(E) Take no action, in which case the NOVA becomes final in accordance with subsection (h) of this section.

(2) The respondent or the permit holder may seek amendment or modification of the NOVA to conform with the facts or law as that person sees them by notifying the Department’s official specified in the NOVA. Where amendment or modification is sought, the Department’s official will either amend the NOVA or decline to amend it, and so notify the respondent or permit holder, as appropriate, in writing.

(3) The respondent, within the 30-day period specified in clause (1) of this subsection, may request an extension of time to respond. The Department’s official may grant an extension of up to 30 days, unless the official determines that the respondent could, exercising reasonable diligence, respond within the 30-day period.

Where the Department’s official does not respond to the request within 72 hours of its receipt, the request is granted automatically for the extension requested, up to a maximum of 30 days. A response to the request by telephone within 72 hours of receipt followed by a written confirmation is an effective response.

(4) The Department’s official may, for good cause, grant an additional extension beyond the 30-day period specified in clause (3) of this subsection.

(5) Where the respondent or the permittee desires a hearing, he shall mail to the address specified in the NOVA or serve in person a written and dated request. The request shall include a copy of the NOVA or refer to the relevant Coastal Zone Management case number. The Department’s official shall promptly forward the request for hearing to the Commissioner for scheduling.

(6) Any denial, in whole or in part, of any request under this subsection that is based on untimeliness is required to be in writing.

(h) Final Departmental Decision.

(1) If no request for hearing is timely filed, as provided in subsection (g)(1)(C) of this section, the NOVA becomes effective as the final administrative decision and order of the Department of Planning and Natural Resources on the 30th day after service of the NOVA or on the last day of any delay period granted.

(2) Where a request for hearing is timely filed in accordance with subsection (g)(1)(C) of this section, the date of the Final Departmental Decision is 30 days after service of the written decision upon the respondent.

(i) Payment of Final Assessment.

(1) Respondent shall make full payment of the Civil Penalty assessed within 30 days of the date upon which the assessment becomes effective as the Final Departmental Decision and Order of the Department of Planning and Natural Resources. The respondent is required to mail or deliver to the Department a certified check or money order made payable in United States currency the amount of the assessment to the Department of Planning and Natural Resources.

(2) Upon any failure to pay the civil penalty assessed, the Department may request the Department of Justice to recover the amount assessed in the Territorial or District Court of the Virgin Islands, or may act under subsection (j) of this section.

(j) Compromise of Civil Penalty. The Department, in its sole discretion, may compromise, modify, remit, or mitigate with or without conditions, any civil penalty imposed, or which is subject to imposition.

(k) Factors Considered in Assessing Penalties.

(1) Factors to be taken into account in assessing a penalty may include the nature, circumstances, extent, and gravity of the alleged violation; the respondent’s degree of culpability, any history of prior offenses; and such other matters as justice may require.

(l) Administrative Hearing.

(1) Scope of Applicability. This section sets forth the procedures governing the conduct of hearings and the issuance of initial and final decisions of the Department of Planning and Natural Resources in administrative proceedings involving alleged violations of the Act and its implementing regulations.

(m) Case Docketing. Each request for hearing, promptly upon its receipt for filing in the Office of the Commissioner, is assigned a docket number and, thereafter, the proceeding is referred to by this number. Written assignment of a hearing to a hearing officer and notice of date, time and place of the hearing are promptly given to the parties.

(n) Duties and Powers of the Hearing Officer. The hearing officer is designated by the Commissioner and has all powers and responsibilities necessary to preside over the parties and the proceeding, to hold pre-hearing conferences, to conduct the hearing, and to make the decision in accordance with these regulations, including but not limited to, the authority and duty to do the following:

(1) To rule on a request to participate as a party in the proceeding by allowing, denying or limiting the participation (the ruling considers the views of the parties and is based on whether the requester can be expected to contribute materially to the disposition of the proceedings);

(2) to schedule the time, place and manner of conducting the hearing, to continue or adjourn the hearing to a later date or different place, and reopen the hearing at any time before issuance of the decision, all in the hearing officer’s discretion, having due regard for the convenience and necessity of the parties and witnesses;

(3) to schedule and regulate the course of the hearing and the conduct of the participants;

(4) to administer oaths and affirmations to witnesses;

(5) to rule on motions, procedural requests, and similar matters;

(6) to examine and cross-examine witnesses and introduce into the record on the hearing official’s own initiative, documentary or other evidence;

(7) to rule on requests for appearance of witnesses or production of documents or requests for admissions and take appropriate action upon failure of a party to effect the appearance or production of a witness or document ruled relevant and necessary to the proceedings; as authorized by law, issue subpoenas for the appearance of witnesses or production of documents;

(8) to take official notice of any matter not appearing in evidence that is among traditional matters of judicial notice; or technical or scientific facts within the general specialized knowledge of the Department of Planning and Natural Resources as an expert body; or any reasonably available public document on condition that the parties are advised of the matter noticed;

(9) to prepare and submit a decision or other appropriate disposition document and certify the record;

(10) to grant preliminary or interim relief.

(o) Disqualification of Hearing Official.

(1) The hearing official may withdraw from a particular case when the hearing official considers himself disqualified.

(2) A party may in good faith request the hearing officer to withdraw on the ground of personal bias or other disqualification. The party seeking the disqualification is required to file with the hearing officer a timely affidavit or statement setting forth in detail the facts alleged to constitute the grounds for disqualification, and the hearing officer is required to rule on the matter. If the hearing officer rules against disqualification, the hearing officer is required to place all matters relating to such claims of disqualification in the record.

(p) Appearances.

(1) A party may appear in person or by or with counsel or other representative.

(2) Where a party fails to appear after proper notice, the hearing officer may consider the failure of the party to appeal a waiver of any right to a hearing and consent to the making of a decision on the record.

(q) Conduct of the Hearing. The hearing officer shall provide the respondent with an opportunity for a fair, open and impartial hearing. The respondent has the right and the hearing officer is required to afford the opportunity to defend and meet the claims or allegations of violations by argument, proof, and cross-examination of witnesses. The hearing officer shall make findings of fact and conclusions of law and enter an order in accordance with the facts proved at the hearing. The Department, in accordance with well-settled law, is not held to strict conformity with judicial procedure required in a court of law and a hearing may be fair even though informal or summary. However, the hearing officer shall provide a hearing in which ample opportunity is given to all parties to make, by evidence and argument, a showing fairly adequate to establish, from a standpoint of justice, the steps asked to be taken. The hearing officer, before entering his order on the basis of the record and recommendations, shall provide opportunity to the parties to submit for his consideration exceptions to the recommended findings or conclusions and supporting reasons for the exceptions, such submission to be made within ten (10) days of issuance. The hearing officer shall issue written notice of this order to the respondent. The order of the hearing officer is final and binding on all parties unless appealed or otherwise presented for judicial review to the courts within thirty (30) days after notice has been sent to the respondent.

(r) Initial and Final Decisions.

(1) The hearing officer shall issue a written decision upon the record in the case, setting forth:

(A) Findings and conclusions, and the reasons or basis for them on all matters of fact, law or discretion presented in the record, and the rulings on any proposed findings or conclusions presented by the parties;

(B) a statement of facts noticed or relied upon in the decision; and

(C) such other matters as the hearing officer considers appropriate.

(2) The hearing officer may at the termination of the hearing announce the decision, subject to later issuance of a written decision under paragraph (A) of clause (1).

(3) The hearing officer shall serve the written decision on each of the parties personally or by mail, return receipt requested and shall promptly certify to the Commissioner the record including the original copy of the decision as complete and accurate.

(4) Unless the hearing officer orders a stay or unless a petition for discretionary review is filed or the Commissioner issues an order to review upon his own initiative, an initial decision becomes effective as the final administrative decision of the Department of Planning and Natural Resources thirty (30) days after service.

(s) Administrative Review of Decision.

(1) Subject to the requirements of this section, any party may petition for review of an initial decision of the hearing officer within thirty (30) days after the date the decision is served. The petitioner shall address the petition to the Commissioner and file at the main office of the Department of Planning and Natural Resources.

(2) Review by the Commissioner of an initial decision is discretionary and is not a matter of right. A petition for review is to be served upon all parties. Where a party files a timely petition for discretionary review, or action to review is taken by the Commissioner upon his own initiative, the effectiveness of the initial decision is stayed until further order of the Commissioner.

(3) Petitions for discretionary review may be filed only upon one or more of the following grounds:

(A) A finding of a material fact is clearly erroneous based upon the evidence in the record;

(B) a necessary legal conclusion is contrary to law or precedent;

(C) a substantial and important question of law, policy or discretion is involved including the amount of the civil penalty; or

(D) a prejudicial procedural error has occurred.

(4) Each issue is required to be separately numbered, concisely stated, and supported by detailed citations to the record, statutes, and regulations. Issues of law or fact not argued before the hearing official may not be raised on review unless they were raised for the first time in the initial decision or could not reasonably have been foreseen and raised by the parties during the hearing. The Commissioner shall not consider new or additional evidence that is not a part of the record before the hearing officer.

(5) No oral argument on petitions for discretionary review is allowed.

(6) Where the Commissioner declines to exercise discretionary review, the order is served on all parties personally or by mail, return receipt requested, and specifies the date upon which the hearing officer’s decision becomes effective as the final decision of the Department of Planning and Natural Resources. The Commissioner need not give reasons for declining review.

(7) Where the Commissioner grants a petition for discretionary review, he issues an order specifying the issues to be argued in written form and the date by which written arguments are to be filed. No oral argument is permitted.

(8) After the expiration date for filing briefs under clause (7) of this subsection, the Commissioner shall transmit the decision to each of the parties either personally or by mail, return receipt requested. The Commissioner’s decision becomes the final administrative decision on the date it is served, unless otherwise provided in the decision.

Current through December 28, 2020

12 V.I. R. & Regs. § 913-3, 12 VI ADC § 913-3

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-1

914-1. Purpose and Construction of Regulations.

These regulations are promulgated pursuant to section 914, chapter 21, Title 12 of the Virgin Islands Code, as amended (“Statute”).

These regulations are intended to establish uniform and coordinated procedures for the administration of the Statute. The interpretation and application of these regulations shall be consistent with the policies and mandates of the Statute and construed to secure the just, speedy, and inexpensive determination of every controversy.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-1, 12 VI ADC § 914-1

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-2

914-2. Definitions.

(a) “Aggrieved person” means any natural person, association, or legal entity who has:

(i) appeared in person or through a representative,

(ii) or has, in writing, indicated its interest in an application for a major or minor coastal zone permit made under the statute and has been adversely affected by a decision by the Coastal Zone Management Commission (“Commission”), a Committee of the Commission (“Committee”), or the Commissioner of Conservation and Cultural Affairs (“Commissioner”) in connection with such application.

(b) “Appellant” means an aggrieved person or applicant who has a right to appeal to the Board of Land Use Appeals (“Board”) under Title 12 V.I.C. § 914 and files a Petition for Appeal.

(c) “Applicant” means any natural person, association, or other legal entity which has applied for a major or a minor coastal zone permit.

(d) “Authority-below” means the Commission, Committee, or the Commissioner who rendered a decision in connection with an application for a major or a minor coastal zone permit, and whose decision is final and conclusive upon the applicant.

(e) “Appeal” means an appeal of the decision-below taken by an appellant to the Board. In an appeal, the Board is restricted to a review of the decision-below based on evidence tendered in the proceeding-below and arguments of the appellants, intervenors and the authority-below.

(f) “Decision-below” means any decision of an authority-below which is final and conclusive upon an applicant.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-2, 12 VI ADC § 914-2

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-3

914-3. What is Reviewable.

The Board may review any decision-below in which the findings, inferences, conclusions, or decisions are:

(a) in violation of constitutional, Organic Act of 1954, or statutory provisions;

(b) in excess of the statutory authority of the Commission, Committee, or Commissioner,

(c) made upon unlawful procedure,

(d) affected by other error of law,

(e) erroneous in view of the reliable, probative, and substantial evidence on the whole record; or

(f) arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-3, 12 VI ADC § 914-3

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-4

914-4. Who May Appeal.

Any applicant or aggrieved person alleging a legal wrong because of a decision-below or adversely affected by the decision-below on matters within the statute is entitled to appeal that decision.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-4, 12 VI ADC § 914-4

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-5

914-5. Time.

(a) Time Within Which To File an Appeal: A Petition for an Appeal is effective if filed with the Chairman, Administrative Officer, or Counsel of the Board within forty-five (45) calendar days after the decision-below has been rendered in written form, is final and conclusive as to the applicant, and has been served on the applicant by personal delivery or by mail to his last known address.

(b) Continuances and Enlargement: In order to secure a just and speedy determination of any controversy brought before the Board, all parties have a significant burden in proving the need for any continuance of enlargement of time.

(c) Construction of Time Provision: To assure fairness to all aggrieved persons or applicants, the time provision of 12 V.I.C. § 914 shall be construed by the Board as directory rather than as mandatory.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-5, 12 VI ADC § 914-5

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-6

914-6. The Record.

The original papers and exhibits filed in the proceeding-below and the transcript in the proceeding-below constitute the record.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-6, 12 VI ADC § 914-6

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-7

914-7. Control of Appeal Proceeding.

The Chairman of the Board shall preside at all appeal proceedings of the Board, shall open and close the proceeding, swear in witnesses, make all rulings of evidence, and in general, superintend the entire conduct of the hearing.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-7, 12 VI ADC § 914-7

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-8

914-8. Consolidation of Controversies.

When controversies involving a common question of law or of fact or when multiple proceedings involving the same party or parties having substantially identical interests are pending, the Board may order a joint hearing of any or all matters in issue, may order all controversies consolidated, or may make such other orders concerning the proceedings as may be convenient or may tend to avoid unnecessary costs or delay.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-8, 12 VI ADC § 914-8

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-9

914-9. Amicus Curiae.

The Board may, in its discretion, permit an amicus curiae to file briefs or appear on oral argument on such terms and conditions as the Board determines. To insure an orderly presentation, the Board may align an amicus curiae on the side of the appellant or the authority-below.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-9, 12 VI ADC § 914-9

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-10

914-10. Pre-hearing Conference.

If deemed required or desirable, the Board may order all parties before it to a pre-hearing conference to narrow and specify the facts or issues to be presented and to dispose of such other matters as may be conveniently handled prior to the hearing.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-10, 12 VI ADC § 914-10

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-11

914-11. Decisions of the Board.

(a) Bases and Form: All decisions of the Board shall be based on the record of the proceedings below. Decisions of the Board shall be in writing and shall state its findings of fact, conclusions of law, and the decision.

(b) Vote Required for Decision: A concurring vote of a majority of the members of the Board then in office shall determine every final decision rendered by the Board.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-11, 12 VI ADC § 914-11

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-12

914-12. Rule of Decision.

Where these rules fail to provide sufficient guidance to the Board, the Board shall be guided by the Federal Rules of Evidence on evidentiary matters, and by the Federal Rules of Appellate Procedure insofar as practicable and in conformity with the general principles of due process.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-12, 12 VI ADC § 914-12

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-13

914-13. Governing Law.

The Board shall be first governed by the statutory and decisional law of the Virgin Islands, the Restatement of Law, the decisional law of the Third Circuit Court of Appeals, the co-ordinant District Courts within the Third Circuit, and the United States Supreme Court. Persuasive Authority shall be any other decision by any other U.S. Circuit Court of Appeals, U.S. District Court, and the state or other territorial court decisions, in the order of listing.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-13, 12 VI ADC § 914-13

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-14

914-14. Appeals to the District Court for the Virgin Islands.

If any decision of the Board is appealed to the District Court for the Virgin Islands, then the appellant is responsible for the costs of reproducing the record, pending any further order of the District Court.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-14, 12 VI ADC § 914-14

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-15

914-15. Petition for Appeal.

The appellant shall file with the Board nine (9) copies of its Petition for Appeal. Such Petition shall contain:

(a) Name(s) of appellant and authority-below.

(b) Name, address, and phone number of the legal representative of the appellant.

(c) A copy of the decision appealed from.

(d) A short and plain statement of the facts relied upon to assert a legal wrong in the decision-below, or in lieu thereof, a statement that there exists no genuine issues of material fact and an offer to make a written statement of the facts material and relevant to a review.

(e) A short plain statement of the legal principles relied upon to assert a legal wrong in the decision-below.

(f) A statement that the transcript of the record below, if made, has been ordered and directed to be delivered to the Board.

(g) A certificate that such a notice has been personally delivered or sent to the authority-below by mail.

Where known, the appellant shall also submit the names and addresses of other aggrieved persons.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-15, 12 VI ADC § 914-15

End of Document

© 2021 Thomson Reuters. No claim to original U.S. Government Works.

Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-16

914-16. Notice of Hearing.

In addition to public notice, personal notice of public hearings shall be served on the authority-below, the applicant and aggrieved persons, any person who has requested in writing to be notified of such public hearing date, and any person who testified at any public hearing held by the authority-below, not less than twenty (20) days prior to such hearing.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-16, 12 VI ADC § 914-16

End of Document

© 2021 Thomson Reuters. No claim to original U.S. Government Works.

Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-17

914-17. Petition to Intervene.

Any aggrieved person or applicant may intervene in an appeal by filing a petition with the Board not less than ten (10) days prior to the public hearing.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-17, 12 VI ADC § 914-17

End of Document

© 2021 Thomson Reuters. No claim to original U.S. Government Works.

Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-18

914-18. Argument.

(a) Order and Content of Argument: The appellant is entitled to open and conclude the argument. The opening argument shall include a fair statement of the case.

(b) Submission on Briefs: By agreement of the parties and with the consent of the Board, an Appeal may be submitted for decision on the briefs.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-18, 12 VI ADC § 914-18

End of Document

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Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-19

914-19. Non-parties.

No person who is not an appellant, intervenor or the authority-below may participate in the hearing proceeding. Any other person, with the permission of the Board, may address the Board on any matter presently before it, but only after the record of the proceeding has been closed.

Current through December 28, 2020

12 V.I. R. & Regs. § 914-19, 12 VI ADC § 914-19

End of Document

© 2021 Thomson Reuters. No claim to original U.S. Government Works.

Virgin Islands Administrative Code Currentness

Title 12. Conservation

Chapter 21. Virgin Islands Coastal Zone Management

Subchapter 914. Board of Land Use Appeals

12 V.I. R. & Regs. § 914-20

914-20. Effective Date.

Prior to the effective date of these regulations the Board shall use these regulations as guidance in the conduct of hearings and appeals filed as of the date of approval of these regulations.

(FORM)

(APPEAL)

Before the BOARD OF LAND USE APPEALS

Appellant,

vs.

LAND USE APPEALS

No.

Appellee

Appeal of the Decision of the

……….

rendered on

in the Application of

NOTICE:

TO: Chairman, Board of Land Use Appeals

(Appellee)

1. The appellant, ………., hereby appeals the decision of ………. rendered on ………., a copy of which decision is attached and made a part of this appeal as EXHIBIT “A”, pursuant to 12 V.I.C. § 914.

(Statement of Complaint against the Decision)

2.

3.

4.

5. A transcript of the proceedings in the decision-below has been ordered from and directed to the Board.

Wherefore, the appellant petitions the Board of Land Use Appeals for a hearing, for a (

reversal or modification

) of the Decision of the

and for

(state other relief sought)

By: 

Appellant or Attorney

P.O. Box #

Address:

Phone No.

I, ………., certify that this Appeal is based on a true belief that the decision appealed from was in error, and that there exists a meritorious claim(s) or defense(s) against it, that this Appeal is not filed for purposes of delay or harassment, and that it is not frivolous.

By: 

(Complainant or Attorney’s Signature)

Sworn and subscribed to before me this ………. day of ………., 19……….

……….

Notary Public

SERVICE OF NOTICE OF APPEAL

I, ………., certify that I have served a copy of the above Notice and Appeal upon ………. located at ………., by personal delivery or mail this ………. day of ………. 19 … .

Current through December 28, 2020

12 V.I. R. & Regs. § 914-20, 12 VI ADC § 914-20

End of Document

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