[From the U.S. Government Printing Office, www.gpo.gov]

										FINAL PRODUCT	TASK 9
										Permit Compliance & Inspection

					Coastal Primary Sand Dunes/
						Beaches Guidelines


					Guidelines for the Permitting of
				Activities Which Encroach into Coastal
					Primary Sand Dunes/Beaches

						VIRGINIA MARINE RESOURCES COMMISSION

							Issued by the
					Virginia Marine Resources Commission
						2600 Washington Avenue
						Newport News, Virginia 23607

					Developed Pursuant to Chapter 14 of Title 28.2, Code of Virginia,
						These Guidelines were approved on August 26, 1980
							and became effective September 26, 1980

								Reprinted September 1993










































                                        "This reprint was funded, in part, by the Virginia Council on the
                                        Environment's Coastal, Resources Management Program through
                                        Grant #NA270ZO312-01 of the National Oceanic and Atmospheric,
                                        Administration, Office of Ocean and Coastal Resource Management,
                                        under the Coastal Zone Manitgement Act of 1972 as amended.",




                                                        Printed on recycled paper.@
                                                                 "'41 WA
                                                                 , %Wnd
                                                                        Or


							Coastal Primary Sand Dunes/Beaches Guidelines

	
				Table of Contents

				Section I	Introduction . . . . . . . . . . . . . . . . . . . . 1
		
				Section II  Description of Coastal Primary
						Sand Dunes and Their Values . . . . . . . . . . . .  3

				Section III Consequences of Altering
						Coastal Primary Sand Dunes . . . . . . . . . . . . . 7

				Section VI  Recommended Guidelines When
						Altering Coastal Primary Sand Dunes . . . . . . . .  11

				Section V	Considerations for Construction
						and Mitigation Activities in the Areas of
						in the Areas of Coastal Primary Sand Dunes . . . . . 15

				Section VI	Beaches . . . . . . . . . . . . . . . . . . . . . .  17

				Section VII	Barrier Island Policy
						and Supplemental Guidelines . . . . . . . . . . . .  19

				Section VIII Coastal Dune Vegetation . . . . . . . . . . . . . . 33

						Sea Oats . . . . . . . . . . . . . . . . . . . . .   35

						American Beach Grass . . . . . . . . . . . . . . . . 37

						Short Dune Grass, Running Beach Grass . . . . . . .  39

						Seaside Goldenrod . . . . . . . . . . . . . . . . .  41
			
						Dusty MIller . . . . . . . . . . . . . . . . . . .   43

						Dune Bean, Beach Bean . . . . . . . . . . . . . .    45

						Seabeach Sandwort . . . . . . . . . . . . . . . . .  47

						Sea Rocket . . . . . . . . . . . . . . . . . . . .   49

						Beach Heather . . . . . . . . . . . . . . . . . .    51

						Saltmeadow Hay . . . . . . . . . . . . . . . . .     53

				Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . .   55

					
						  





                                Coastal Primary,Sand Dunes  Beaches Guidelines





                                                      Coastal Primary SAM Dunes       Beaches Guidelines'-


                               Section' I


                                      Intr6duction

                                      During its 4980.sessiori, the Virginia General Assenibly took an'
                                      important step in reducing the potential for the loss of lives and
                                      property'as Well as the expenditure of public assistance funds, in
                                      coastal hazard areas by ad-opting the first State-supervised, pro-
                                      gram in Virginia for controlling development in c   oastal primary
                                      sand dunes. In adopting the legislation, the Commonwealth rec-
                                      ognized the "importance of coastal primary sand dunes as fea-
                                      tures which, in their natural state, serve as protective buffers to
                                      the effects of flooding and erosion caused by coastal storms;
                                      thereby; protecting -life and property, And - further'rec6griized the
                                      value of these features to th6 replenishment',of sand- on beaches,
                                      their importance as habitat for coastal fauna And their role in,
                                      the overall scenic and recreational attractiveness of Virginia's
                                      coastal -environment.

                                            'same time, the Gene'al Assembly exp
                                      At the                       r                 ressed its concern
                                      over the fact that activities which.do not take into account the
                                      essentially dynamic-natur6 of coastal dunes andwhich compro-
                                      mise their special values may lead to'increased shoreline ero-
                                      sion, coastal flooding damage to fixed structures and increased
                                      expenditure of public funds, for disaster assistance and beach re-
                                      plenishment. Therefore, the, General Assembly established the
                                      policy of preserving and protecting, whenever necessary and
                                      practical,'coastal primary sand dunes, in'a manner which accom-
                                      modates necessary economic development. Building upon the
                                      su, dees, sful structure of the Virginia Wet-lands Act, ibe General,
                                      Assembly has'ch,osen'to'offer selected localities hav'ing''coastal
                                      primary sand'dunes,the opportunity to adopt a specified ordi-
                                      nance to control development in these (tunes through local'-vvet@
                                      lands boards. already, in existericeor created in order to carry out
                                      this A& In order to simplify.the task of these boards as well as
                                      the,Marine'Resources Commission, the legislators have wisely'
                                      chosen to standardize 'procedures f6r theWetlands *and Dunes
                                      Statutes. Therefore,as with' the Wetlands Statute, the Marine.'
                                      Re-sources Cohimiss'low will review.,,on ap'peal'Llocal permit deci-






                                    Coastal Primary Sand Dunes     Beaches Guidelines


                                          sions on dunes, and where the locality has not adopted the spe.ci-
                                          fled ordinance, administer the -permit system itself

                                          In order to provide guidance to the public, and to local wetlands
                                          boards as well as to insure uniformity of decision making crite-
                                          ria, the General Assembly directed the Marine Resources Com-
                                          'mission, with the assistance of the Virginia Institute of Marine
                                          Science, to develop and publish guidelines. These guidelines
                                          were approved by the Commission August 26, 1980 following
                                          four, public hearings which were held in conformance with the
                                          Administrative Processes Act. They are promulgated to,supple-
                                          ment, the policy and standards of the Coastal Primary Sand
                                          Dune Protection Act with the hope that they will assist project
                                          proponents and decision-makers alike in shaping shorefront de-
                                          velopment in a manner that preserves and protects the values of
                                          coastal               dunes articulated in the Act.
                                                 primary sand

                                          In 1989, the General Assembly modified the Coastal Primary
                                          Sand Dune Protection Act to bring "beaches" in certain counties,
                                          cities and towns fronting on'Chesapeake Bay under the same
                                          regulatory process'as that required of dunes. The intent is to
                                          regulate the use or development of sandy beaches and to pre-
                                          vent their alteration even if no coastal primary sand dune can
                                          be identified or where contiguity -with, a dune system or former
                                          dune system has been interrupted)by a manmade structure such
                                          as a road bulkhead, or@building.





                                                                          Coastal Primary Sand Dunes/ Beaches Guidelines


                                          Section II

                                                  Description of Coastal Primary Sand Dunes
                                                  and Their Values


                                                 A.    Dune Characterization. The Coastal Primary Sand Dune Pro-
                                                        tection Act defines a dune as a mound of unconsolidated
                                                        sandy soil which is contiguous to mean high water, whose
                                                        landward and lateral limits are marked by a change in grade
                                                        from ten percent or greater to less than ten percent and upon
                                                        any, part of which is growing as of July one, nineteen hun- 
                                                        dred eighty, grows thereon subsequent thereto, any one or                        
                                                        more of ten plant species associated with dunes. Under this
                                                        definition, chosen to recognize the dynamic. nature of the sys-
                                                        tem,coastal primary sand dunes include both the mound of
                                                        sand comprising the dune zone as. well as the foreshore com-
                                                        prising the beach zone. Together, these two zones form the
                                                        coastal primary sand dune system which commences at
                                                        mean high water and proceeds,landward to the backside of
                                                        the dunes where,the slope drops-below ten percent. (See Fig-
                                                        ure 1).





                                                                       Coastal Primary Sand Dune

                                                                                                  Beach
                                                                        Dual Zone
                                                                                                   Zone



                                                                                                                                                                                                                                 
                                                                                                               
                                                                                                                      limit


                                                   slope limit


                                                                                                                              mean high  water
                                                                 greater
                                             less than 10%
                                                               than 10%


                                                 trough          dune      dune  dune dune     backshore   berm   fore-                      bar
                                                                                                                 shore,
                                                                backface   crest face   toe


                                                                                        Figure 1
                                                  


                                                                                                                                                  3
 




                                    Coastal'Primary Sand Dunes      Beaches Guidelines


                                             The primary, dune system is a component of the active shore
                                             system as well as a transition zone between the iritertidal
                                             area and, secondary rows of dunes or fastland property.
                                             Coastal primary sand dunes represent an accumulation of
                                             sand, often supporting rooted vegetation, formed'by the inter-
                                             action of wind and wave action on the sandy material along
                                             the shore. Sand moved on the beach during periods of rela-
                                             tively low wave energy is moved, landward by the action of on-
                                             shore winds. Vegetation along the dune line acts as a baffle,
                                             slowing wind speed and causing wind-borne sand to settle
                                             'and be trapped in the vegetation resulting in'the growth or
                                             accretion of the dune. The size and location of a primary
                                             dune are therefore determin   'ed by the amount of sand avail-
                                             able and the ability of wind and waves to move the sand as
                                             well as the degree to which, any existing'vegetation can act -to
                                             trap it. Thus, just as the intensity, direction and duration of
                                             winds and'waves constantly change through the seasons, so,
                                             too, do coastaldunes remain in a state of flux. During high
                                             energy conditions, such as the northeast storms whi@h fre-
                                             quent, the Eastern Seaboard, primary dunes may. be subject
                                             to attack by wind driven waves aided by storm surges, and
                                             the dune is eroded away, with the sand settling in an off-
                                             shore bar. Thus, during normal weather conditions, dunes
                                             act as a reservoir of sand which can, through erosion, buffer
                                             inland areas from the effects of storm waves and in the proc-
                                             ess act as natural levees against the'effects of coastal flood-
                                             ing.


                                          B. Dune Values. In adopting legislation governing coastal pri-
                                             mary sand dunes, the General Assembly recognized that
                                             these features, "...in their natural state serve as protective
                                             barriers from the effects of coastal flooding and erosion
                                             caused by coastalstorms ... provide an essential souice of
                                             natural sand replenishment for beaches and an important
                                             natural habitat for coastal fauna; and are important to the
                                             overall sceni@ and recreational attractiveness of Virginia's
                                             coastal-area." Every primary sand dune provides some'meas-
                                             ure of each of these four recognized benefits, depending
                                             upon the size, location and setting of the dune as well as the
                                             quality and vigor of the vegetation.'



                                    4





                                                    Coastal Peimary Sand Dunes    Bekhe's Guidelihes


                                      L   Flood and Erosion Protection. Primary sand dunes pro-
                                          vide a buffer against- coastal, flooding and erosion by Virtue
                                          of both              and composition. Primary dunes de-
                                          velop at an elevation ahove.the normal reach of tidal wa7
                                          ters. During storm surges, however, the dune, as noted
                                          above, serves as a levee protecting the land behind from
                                          the"force of waves and flood waters. The sand itself A
                                                                                          s
                                          sorbs much -of the wave energy as it is moved 6out by
                                          storm waves. Thus, the energy each wave expends eroding,
                                          the dune is subsequently unavailable to act on fastland
                                          and structures behind the dune. The ability, of the dune to
                                          provide this,prbtection.is obviously dependent on its
                                          height and breadth. The continuity of the dune lineds also
                                          a major factor inthe ability of the, dune to provide protec-
                                          tiont Solitary dunes or dune lines which are subject to be-
                                          ing breached or flanked cannot afford the(protktion.
                                          providedby a -continuous line of uniformly high dunes.
                                          The composition Of the dune,',iryterms of its sediments and,
                                          vegqtation, -also affects,ifs; ability to provide protection for
                                          coastal areas, As noted above, dune.vegetatioA acts as a.
                                          baffle to trap sand where.the root system of the vegetation.
                                          as. well as dead vegetation bind the sediments together.
                                          Thus, the type and vigor of, vegetation present on dunes
                                          help to determine the degree toWhich the dune will absorb
                                          wave energy.


                                      2.  Sand Replenishment. Coastal primary,sand dunes are
                                          b sically onshore sand bars, 6ras-noted above, reservoirs
                                          of sand. Sand is constantlybeing moved by wind and
                                          waves, between offshore sand bars" beaches, dunes, and dur-
                                          ing storm events, eveninland. Sand eroded from dunes
                                          during,high energy conditions often finds its final resting'
                                          place on beaches br offsh6re bars. These offshore bars then
                                          act as sources .of sand for the beach during periods of)
                                          16 we'r energy when wave action. tends to deposit material
                                          in the beach zone. Thuï¿½,after' each storm, the sand origi-






                                   Goastal Primary Sand Dunes'/ Beaches Guidelines


                                               nally eroded from the dune returns to the beach zone dur-
                                               ing the rebuilding process.
                                           3.  Habiiat. Coastal primary sand dunes, in their natural
                                               state, serve as a habitat for, a wide variety of plants. Dune
                                               vegetation- is characterized by its ability to withstand ex-
                                               tremes in the natural environment and by its inability to
                                               withstand man-made disturbances. The dune is a very rig-
                                               orous environment for a plant. Each plant must be able to
                                               survive, with very limited. amounts of fresh water, tolerate
                                               constant salt spray and endure extreme variations in tem-,
                                               perature. That such vegetation hardy enough to survive
                                               all of these stresses should be so intolerant to any addi-
                                               tional disturbance such as'trampling by,people and/or vehi-
                                               cles is explained by the fact that these plants are living
                                               close to their limit of tolerance and even minor distur-
                                               bances to root systems can cause such plants to die.

                                               Vigorous vegetation both on the dune crest and the lee-
                                               ward side of the dune.can provide'att'ractive habitats for
                                               some shore-dwelling a7himals. The most visible inhabi-
                                               tants of dunes other than plants are various shore birds
                                               which utilize the area for roosts and nesting. Dunes, also
                                               support a variety of insects and occasionally some small
                                               mammals and reptiles.

                                           4.  Aesthetics. Perhaps the, most widely accepted but, least
                                               quantiflabl6 value of the coastal primary sand dune is the'.
                                               contribution it makes to the attractiveness of the coastal
                                               area. Aesthetic evaluations are a personal prerogative and
                                               therefore difficult to utilize as the basis for management
                                               decisions. Nevertheless, the General Assembly has, taken,
                                               note of the contribution dunes make to the enhancement
                                               of the shore experience. It is therefore, appropriate for de7
                                               velopment adjacent to dune areas to be considerate of that
                                               contribution.







                                   6





                                                     Coastal Primary Sand Dunes      B,eaches Guidelines


                               Se, ction III

                                   'Consequences of Altering Coastal Primary
                                     Sand Dunes,,.

                                     Simply stated, the cp'nsequences',Oif altering coastal primary
                                     Sand dunes are a loss of or diminution of the values discussed
                                     above. Unfortunat9ly, there is very little information.enabling
                                     -quantitative assessments of the loss or degradation of these Val-,
                                     ues, from, any proposed development in the dunes.'area. In the ab-
                                     sence of. such information decisions regarding -such. development
                                     must be,based on experience and reas'
                                                                             onedjudgemeiAswi
                                     each decision being made on'a caseby-case basis. It is,4,however,
                                     p
                                         'ible to rank the consequences of alteration in terms of the
                                       oss
                                     scale of.alteraiion:

                                     A. Leveling dunes. The Ieveling of a dune is certainly the@
                                         most extreme alteration of that feature which can,be under-
                                         taken. In such instances, the buffering capability provided'by
                                         the natural levee'of the dune and its source'of sand are oblit-
                                         'erited. This exooses adjacent and neighboring properties to'
                                         substantially gredter.risk of flooding and causes a reduction
                                         in av                              beach zone as well as desta-
                                             ailabI6 sand,for the adjacent
                                         bilization' of the flanks of adjacent dunes.

                                     R. Displacement,of.the dune-The natural position of a dune'
                                         is theresult of a balance.,of naturalforces at any @iven time.
                                                                                     th y are attacked
                                         Generally dunes are found in areas where e
                                         y Waves only, during storm events and then only afteT the.
                                                        been eroded bywav6. action. Displacement of a
                                         dune to a more seaward location exposes it to wave energy
                                         more often thereby accelerating erosion of the dune. Struc-
                                         tPres built on or behind the dune m ay then b6 exposed to
                                         wave action or inundated with. sand as the dune migrates to
                                         a position, in- which it is -again in equilibrium with wind and
                                         wave forces.. Equally important, however, is, the breach that
                                         such relocation causes in the dune line and the hazard such
                                         a breach poses for both the property located behind the relo-
                                         cated dune and adjacent properties as we'll. -Displacement of, -
                                         a dune to a more landward location for whatever reasons.



                                                                                                          ./7





                                    Coastal Primary Sand Dunes      Beaches Guidelines


                                              ,Would create the same type- of breaching problem as w' ell as
                                              affording no buffering capability for any propprty located sda-
                                              ward of it. Such displacement also causes a loss of sand for
                                              natural beach replenishment.

                                          C. Building on the beach backshore. Building on the beach
                                              backshore, seaward of the dune can lead to adverse conse-
                                              quences in three Ways:

                                                During construction, the dune may be reduced in'elevation
                                                for access to the building-site. Should a storm occur during
                                                this period, the dune may be breached with the impacts
                                                discussed above.


                                              2. After construction, the structure itself mayinterfere with
                                                wind patterns, over the dune crest causing deflation or
                                                wind scouring.

                                              3. Pedestrian traffic over the dune can cause the loss of vege-
                                                tation anchoring the dune unless a dune overwalk, follow-
                                                ing the natural contour of the dune, is provided.


                                          D. Pedestrian and vehicular traffic across the dune. The
                                              principal consequence of cross dune tra.ffic is that,, after the
                                              vegetation has been killed, wind transport of sand can very
                                              quickly excavate a crossdime blowout resulting,in a localized
                                              weakness.


                                          E. Building on the crest or foreftice of the dune.. Building
                                              on the foreface of the dune is very likely to result in alterA-
                                              tion of the dune contours during construction, sand removal
                                              from channelization of wind around the structure and an. in-
                                              crease of pedestrian traffic over the dune. During construc-
                                              tion, wind blown sand may become a- nuisance to other
                                              nearby properties.

                                          F.  Building on the dune bac'kface. Since the dune backface
                                              isIthe, natural zone of deposition in the dune system, con-
                                              struction in this zone is less -deleterious to the"functions of
                                              the dunes so long as signi.ficant amounts of material are not
                                              excavated. The presence of the structure will modify the


                                     8





                                                      Coastal Primary Sand Dunes     Beaches Guidelines


                                       ,wind,flow but to the extent the structure'is in-the lee of the
                                        dune this may be minimized.

                                     The pr6ceding comments are directed.principally @oward destruc-
                                     tive alterations of coastal primary sand dunes. It is possible to
                                     enhance dunes. Basically, these alterations are efforts to create
                                     more extensive, better stabi.lized"dune8. Encouraging the natu-,
                                     ral d velopment,of a dune is not an exact science, but there is in-
                                     formation available about the efficacy of a variety of methods.
                                     Just as with the construction -of any Other structure, seeking ad-
                                     vice from a,professional is advisable. The befiefits accrue in'
                                     ternis"of lessening costs associated with coastal storms.

                                     The b6nsequefices of altering existing natural dunes are, in
                                   -some respects, dependent.on where the,dune,is loca,ted..This is
                                     particularly true. of the dune's, role as a protection and beach re-
                                     [email protected]. Within Virginia, 'Coastal dunes are found in'
                                     three'broad geographic- areas:  the Oceanside ofthe' Easter  n,
                                     -Shore, the Atlantic beaches south of the'Bay entrance,. and the
                                     shoreline of the Bay proper.,

                                     Easti,-rn Shore - Oceanside


                                     The Oceanside of the Eastern Shore -contain's by far the largest
                                     colmplement,of dunes in Virginia. A6comack and Northampton,
                                     Counties have a total of.about 85.3 miles of coastal -dunes associ-
                                     ated almost exclusively'with the barrier islands. Barrier islands
                                     are among the most dynamic of coastal features.

                                     As the Barrier Iglaiids absorb the.storm induced wave energy,
                                     they are frequently breached or overtopped and the sand is
                                     spread, over the lee-side marshes. With the, onset of normal
                                     weather,- the dunes rebuild. As the Barrier Islands, erode, the en-
                                     tire ensemble, beach-dune'-washover, also retreats. Thus, the..
                                     complete beach morphology is preserved. For themost'pArt, the.,
                                     dunes. are of low elevation and. susceptible to even moderate
                                                                     y
                                     storm activity. Given the man inlets in the system, the dunes
                                     do not have a primary function of flood control. They do, how-
                                     ever, help- control the washove processes. Given the low-lying'
                                     elevations, any., development on the Barrier Islands, may result
                                     in inordinately high private or public costs. (See Section VII).



                                                                                                          9





                                   Coastal Primary Sand Dunes       Beaches Guidelines


                                         Virginia Beach

                                         The second general area includes the Atlantic coast beaches
                                         south of the,entrance to Chesapeake Bay. These beaches lie al-
                                         most entirely within the City of Virginia Beach. The city con-
                                         tains about 38.5 miles of dunes. In contrast,to the- Barrier Island
                                         dunes, the Virginia Beach sand. dunes include some under the
                                         most intense developmental pressure anywhere in Virginia.

                                         Because of the tremendous development along the coastline, it is
                                         in this. area that primary sand dunes have their greatest poten-
                                         tial for protecting life and property. In order for the dunes to o.f-.
                                         fer,the maximum flood anderosion protection, they must be
                                         maintained as a relatively uniform, uninterrupted dune line.
                                         Each time a dune elevation is lowered or a portion of tl@e dune
                                         line is completely remoi7ed, the protective capabilities ofthe
                                         dune are compromised not only at that site, but for adjacent ar-
                                         eas as well.


                                         The challenge is to accommodate the property owner's desire for
                                         access to the beach while retaining,the integrity of the dune sys-
                                         tem. Repeated experience has established that construction on
                                         the dune is'undesirable. Even open-pile structures lead'to
                                         changes in wind and sand deposition patterns in the area. Fre-
                                         quently, this results in a local deflation of the dune. In the Vir-
                                         ginia Beach area, loss of the'primary dune line integrity could
                                         have its most significant consequences in terms of loss of life,
                                         and property.

                                         A second consequence of modifying dunes in the Virginia Beach
                                         area is the loss of the natural sand replenishment dunes provide
                                         to beaches. In an area whose principal resources include.an at-
                                         tractive beach,'the value of a viable dune system can easily'be
                                         appreciated. The costly and continuous efforts of artificial beach
                                         nourishment are a partial result of sand dunes having been pre-
                                         viously destroyed.

                                         Chesapeake Bay Shores

                                         There are scattered dune areas throughout much of the Virginia
                                         Bay shoreline. They can be found in: Norfolk, Hampton, Virginia



                                    10


Coastal Primary Sand Dunes/Beaches Guidelines
 Beach, mathews county,lancaster County,Northumberland County, and Accomack Counties on the Eastern Shore. The Chesapeake Bay 
shoreline in Virgina Beach, Norfolk's Ocean View section and some of Hamton's shorline possess the same development pressures
as the Atlantic shoreline of Virgina Beach.The consequences of dune alteration are therefore identical in those areas.The 
other localities differ in the type and location of dunes generally found there. Typically, the dunes  are part of a less extensive 
beach system and frequently occur in areas with much less developmental pressure than the more urban settings.In these areas 
loss of a dune's protective capabilities can have consequences for both life and property similar to that in Virgina Beach, and 
can impact other natural resources as in the Barrier Islands.Section IV recommended Guidelines When Altering Coastal Primary 
Sand Dunes  In adopting the coastal Primary Sand Dune Act, the general Assembly established the following standards for construction
on sand dunes:"No permanent alteration or construction upon any coastal primary sand dune shall take place which would:A. impair
the natural function of the dune as described by the Act B. physically alter the contour of the dune C. destroy vegitation growing on the dune
Activities contrary to these standards will be permitted only  if the wetlands board or  Commission finds the proposal, or 
that granting a permit for the proposal is clearly necessary and consistent with the public intrest."





                                 Coastal Primary Sand Dunes] Beaches Guidelines


                                      It is apparent from a reading of the policy and standards, of the
                                      Act that the@deneral Assembly did not intend a prohibition on
                                      all activity in the dunes area, Instead., the legislators sought a
                                      careful balancing of the public and private benefits and detri-,
                                      ments. of each proposal. Some proposed development inthe
                                      dunes area can be accommodated by utilizing proper, location
                                      and design methods. Each proposal will likely be unique with re-
                                      spect to the. necessity for the project and its probable effects on
                                      the beneficial value of dunes; therefore, criteria must be, applied
                                      on a. case-by-case basis. The objective of these criteria is to pro-
                                      vide guidance which will direct development into an 'accommoda-
                                      tion with the. ecology of the coastal primary sand dune.


                                      Guidelines


                                      A. Provided the beneficial attributes of coastal primary sand
                                         dunes as discussed above are not significantly disturbed, al-
                                         teration of dunes may beJustified in order to:

                                            Construct water access dependent facilities which must
                                            pass over the coastal primary sand dune for such access.


                                      Such construction as might be allowed in item 1 above must be
                                      constructed in a, manner which will minimize alteration of the
                                      dune slope during and after construction.. Encroachment'on the
                                      backside of a primary dune should be limited to the minimum,
                                      necessary. In addition to other requirements that may apply for
                                      construction, only structures with open pile foundations, should
                                      be constructed.


                                            Rationale: The requirement that any construction on the
                                            dune backside must utilize an open pile f6uridation design
                                            is based upon consideration of the dynamics of dune move-
                                            ment, the compatibility of housing within the dune sys-
                                            tem, and the need to protect life and property within the
                                            fastland fringing the beach zone.

                                            During times of severe storms, the entire primary dune
                                            system may yield to excavation by elevated watef levels ac-
                                            companied by high waves. Structures on slab foundations



                                 12


0



                                                         Coastal Primary Sand Dunes       Beaches Guidelines


                                              or designs other than open           maybe expected to ex-
                                              hibit structural failure. Such slab foundations also general-
                                              ally require theexcavation of the dune backface for
                                              placement and donot allow for the natural,migration of

                                              the'dune. During periods of normal weather and sea state                                                                                                ,
                                              and during poststorm prior of natural dune rebuilding,
                                              the backside of the dune is a zone of sand deposition.
                                              Structures elevated on open piling foundations will be less
                                              susceptible to,burial by encroachment and deposition.

                                       Bridging the dunes to gain access for certain water dependent,
                                       activities may expermitted when those activities are deemed
                                       necessary. In such cases, elevated open piling foundations will,
                                       minimize disturbancef natural dune building processes.

                                       It should be noted'that a reuirement elevated open pile foundations
                                       it's consistent with existing reuirements of the National Flood,
                                       Insurance Act:..
                                       Alteration of coastal primary ,sand dunes is ordinarily not jus-
                                           tified:


                                          1.  For purposes of activities which can be accommodated
                                              without encroachment into the, dune area.

                                              Rationale:lt is clearly the intent of the legislature to pro-'
                                              tect the primary sand dunes from unnecessary despolia-
                                              tion. Therefore, activities. which have no inherent,need to,
                                              be immediately adjacent to the shore or for which there is
                                              sufficient room fandward of the coastal primary sand      dune
                                              rnay not reuire modification of the dune.

                                          2.  Where the construction is proposed on the dune dressert,or
                                             seaward of the dune crest.


                                              Rationale:.The beach backshore is the primary sand, sup-
                                              ply for the primary dune and the foreface and, crest of the
                                              deposit are, the most active transport zones in the dune
                                              system. Construction on the backshore, frontal face and



                                                                                                             13
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                                Coastal Pei,mary Sand Dunes   Beaches Guidelines


                                            crest is thus likely to disrupt the transport system. In par-
                                            ticul@r, construction on the crest and/or frontal face will
                                            cause local deflation of the sand. elevations causing local
                                            weaknesses in the integrity'of the dune system.

                                        3.  Where the dune locatigri must be modified in order to ac-'
                                            commodate the proposed constructionActivity.

                                            Rationale: The natural location ofthe'primary dune is.',
                                            the -result of all beach processes. The natural'Oune posi-
                                            tion is just beyond the reach of normal beach modulations.
                                            Relocation of the dune by artificial means to a more, sea-
                                            ward or landward location is likely to result in a loss of the
                                            sand stored in the dune. This will reduce the integrity of
                                            the dune line and compromise the ability of the dune to
                                            protect against storm flooding and erosion.

                                         4. Where alteration of the dune would,likely result in dam-
                                            age to neighboring property owners.

                                            Rationale: Construction within a primary coastal,dune
                                                                                                of the
                                            may lead to weaknesses in the protective attri
                                            system. Under severe storm attack, the weakness may
                                            lead to failure causing that site to become the focus of
                                            wave overwash activity. The breach in the system can rea-
                                            sonably, be expected to widen to neighboring'properties
                                            and cause'otherwise avoidable damage.

                                            In addition, during the periods of dune regrowth, the new
                                            sand deposits may encroach upon the developed zone of
                                            the neighboring lots.












                                 14





                                                        Co6stal Primary. Sand Dun.es    Beaches Guidelines.


                                 Section V            <

                                       Considerations for Construction and
                                       Mitigation Activities in the Area of Coastal
                                       'Primary Sand Dunes

                                       Due.1to the constantly'changing nature of dunes and the possible
                                       wind,. wave and scour action they may be subjected to, the de-
                                       sign, location selection, and construction of structures in dune
                                       areas should be'doneby qualified professionals.. As a recom-
                                       mended minimum, all elements.of beach front structures, includ-
                                       ing the. foundation and non-'structural tastenings and
                                       components,, should be designed to withstand/ the wind -and,
                                       wave forces of a'100 year storm. The first habitable floor of a-
                                       building sholulld be elevated on a pili'ng foundation to a height
                                       above the. crest of the 100 year design wave. Any construction in
                                       the space below the. first floor should incorporate breakaway
                                       -walls intended to'collapse under-stress without jeopardizing the
                                       structural support of the building. The ]p'iling foundation should
                                       safelyfransmit to the ground the full vertical and horizontal
                                       loads imposed on the superstructure by 100 year'design storms.
                                       it should present a's slender a profile as@posslble while being du-.
                                       rable- enough to-yesist storm. loads, which may include the im-
                                       pact of 'floating debris'. Pilings should be spaced such that no one
                                       row of piles is subject to significant wave forces at any one time.
                                       and the spacing shotila"provide for unhindered movement        .of
                                       water and debris between piles. Pilings should be of a circumfer-
                                       ence which minimizes induced concentration of 'Wave force and
                                       consequent erosion and scour at the base, yet they should pene-
                                       trate deeply enough (5 to, 20 feet below mean sea level) and have
                                       sufficient@ strength'to safely support the superstructure when
                                       the surrounding material. is erodeddown tothe lowest predict-
                                       able level. The foundation should be of a material which will re,-
                                       sist deterioration in a corrosive marine environment. Structures
                                       with large areas in contact with theground, such as swimming
                                       pools, decks, and slab foundations,- should be discouraged. The
                                       ground below, the first habitable floor should not be paved or al-
                                       tered@,however, shell or marl are suitable when used to stabilize
                                       driveways. Telephone and electric lines should be located under-



                                                                                                             ..15






                                 Coastal Primary Sand Dunes     Beaches Guidelines


                                       ground in water proof conduits laid in protected areas not sub-
                                       ject to erosion. Water and sewage facilities should also be lo-
                                       cated in protected areas not subject to erosion.

                                       Vegetation is the most eff6ctive protection for the land against
                                       the sea in establishing and maintaining a coastal position, and
                                       for that reason,'during permitted construction, all precautions
                                       should be taken to retain as much naiural vegetation as possible
                                       on the dunes and upper beaches. When walkways and platforms
                                       'are located over a dune system, they should be elevated'suffl-
                                       ciently to provide for, the continued healthy growth of the vegeta-
                                       tion below (3 feet minimum). Restoration of destroyed dunes can
                                       be accomplished by creating fills using slat or brush fencing or
                                       by moving upper beach sand by machine. Both procedures
                                       should be followed by long-term plantings of vegetationto re-,
                                       place that which was destroyed and to stabilize the dune. For
                                       the restoration of a long foredune, the fence should be aligned
                                       parallel to primary dunes in the vicinity and somewhat parallel
                                       to the drift line berm 'of the upper beach. The fence should be far
                                       enough back to allow. the wind to move an adequate supply of
                                       sand against it, and placed so as not to bury existing vegetation.
                                       To build fills and help reform dune topography in smaller areas,
                                       fences should be built across the direction of prevailing winds.
                                       The newly created, fill material should then be stabilized with
                                       plantings.

















                                  16





                                         Coastal Primary Sand Dunes Beaches Guidelines


                                Section VI


                                      Beaches


                                      A. Definition. In the 1989 change to the Coastal Sand Dune
                                         Protection Act, the term, beach is defined and added, in place
                                         of reach. All references to reaches were dropped. Beach is de-
                                         fined, as:

                                         1. The shoreline zone comprised of unconsolidated sandy ma-

                                                               
                                            terial upon which there is a mutual interaction of the
                                            forces of erosion, sediment transport and deposition that,
                                            extends from the low water line landward to where there
                                            is a marked change in either material composition or
                                            physiographic form such as a dune, bluff or marsh, or                                                    

                                         2. where no such change can be identified, to the line of
                                            woody vegetation (usually the effective limit of storm
                                            waves), or the nearest impermeable, man-made structure,
                                            such as a bulkhead, revetment or paved road.

                                      Beaches have therefore been added to the legislative declaration
                                                                                
                                           of policy as an area to preserve and protect in the same fashion
                                           as Coastal Primary Sand Dunes.

                                      B. Applicability. Under the foregoing definition, all coastal
                                         and bay beaches in Virginia would be included since they all
                                         are composed-of unconsolidated sandy soil and experience
                                         the " mutual interaction of erosion, sediment transport and                                                                                           the. "... mutual interaction of erosion, sediment transportand
                                         deposition ..."

                                      Identifying the landward limit of a beach should present mini-
                                      mal, problems. An most cases a dune, bulkhead or other, solid
                                      man-made structure will mark the upper limit of the beach.
                                      Where none of these are found, the landward limit will be
                                      marked by woody vegetation such as wild black cherry, (Prunus

                                     
                                      serotina) Ehrhart live oak(Quercus virginiana)Miller, red ce-
                                      dar.(Juniperus virginiana) L.; wax myrtle (Myrica cerifera) L.,
                                      loblolly pine (Pinus taeda) L., bayberry (Myrica pensylvanicum)



                                                                                                     17
 




                              Coastal Primary Sand Dunes    Beaches Guidelines


                                    Loisel, poison ivy (Rhus radicans) L., an@ highbush blueberry
                                    (Vaccinium corymbosum) L.

                                    In evaluating an application to use or develop property which
                                    meets the "beach" definition, Sections IV and V of these Guide-
                                    lines contain information which can be utilized in arriving at
                                    the appropriate aecision.

                                    C Decision Process. The wetlands and dunes protection pro-
                                       grams have been successful largely because of the conscien-
                                       tious adherence  of local boards and VMRC to established
                                       policy standards and guidelines. Similar car 'eful adherence to
                                       a rule of reasonableness in administering "beaches". will as-
                                       sure the development of a decision record which can success-
                                       fully sustain an appeal should one result.






























                                18,





                                                          Coastal@ Primary Sand Dunes /.Beaches Guidelines


                                   Sectioxi VII

                                         Virginia Marine Resources Commission Barrier'
                                         Island Policy

                                         -(Rev. October 25,1990)


                                         A. Introduction


                                           L   Definitions. For the purpose of this regulation, the defini-
                                               -tions contained within Section 28.24400 of the code of Vir-
                                               ginia apply. In addition, the following words and terms,.,
                                               when used in these regulations, shall have the following
                                               meaning unless the context clearly indicates otherwise:

                                                 Barrier Islands - means elongated-narrow landforms
                                                 consisting largely of unconsolidated and shifting sand,
                                                 fronted 'on one side by the ocean and oil the other by a
                                                -bay or marshland which separates them from the main-
                                                 land.


                                                 Dune Crest - means the bigb.6.st elevation of the coastal,
                                                 prima  ,ry sand dune On the lot as determined in consult-
                                                 ation with-the Virginia Institute of Marine Science.

                                                 Local 100-year long4erin -recession rate - means cal-
                                                 culating the average shoreline recession over fixed one-@
                                                 mile intervals averaged over the period betwe6n surveys
                                                 of 100 years or(more

                                           2.  Background. Barrier islands are transient landforms.
                                               ,Their dynamic,and unstable nature poses significant risk
                                               to life and property located there. Scientific evidence
                                               placed before the Marine Resources Commission supports
                                               a finding that some of Virginia's, barrier islands, including
                                               Cedar Island, are more fragile, more unstable, and pose
                                               even, greater risk to life and property than many other
                                               coastal. barriers due to their sand-deficient character., in




                                                                                                            19






                                Coastal Primary-Sand Dunes     Beaches Guidelines


                                            addit,ion, barrier islands are themselves significant natu-
                                            ral resources that contain a number of specific feattires
                                            (coastal primary sand dunes, wetlands, and vast stretches
                                            of state-owned sandy beaches) including natural heritage
                                            resources and threatened or endangered species that are
                                            recognized by the General Assembly for th  e'ir natural
                                            value and are protected by law. This policy applies to the
                                            barrier island systems on the seaside of the Virginia por-
                                            tion of the southern Delmarva peninsula, and is not in-
                                            tended. to cover military activities esserAial to national
                                            security, or the construction, operation, maintenance or re-
                                            habilitation of Coast Guard facilities or access thereto.
                                            This exclusion.does not obviate compliance with'other ap-
                                            plicable provisions of the Coastal Primary Sand Dune Pro-
                                            tection Act.


                                            Survival of these barrier islands often depends on the abil-
                                            ity of sand to wash across the island naturally in concert
                                            with the local wind and wave climate. The sand is then
                                            protected from loss offshore and provides a means of per-
                                            petuating the island, albeit in a more landward location.
                                            Activities which adversely affect this interaction can have
                                            an extremely detrimental impact on the island as well as
                                            the structure, form and function of its dune system. The
                                            artificial accumulation of sand along the oceanside of an is-
                                            land can make it. more susceptible to loss offshore during a
                                            storm. Once such a loss occurs, the sand then becomes un-
                                            available for wash6ver and for the continued landward mi-
                                            gration of the island. Houses, sand fences and similar
                                            structures can also alterwind patterns; this alteration im-
                                            pedes the wind transport of sand across the island. Accu-
                                            mulations adjacent to these impediments can be lost
                                            offshore as the shoreline continues to recede, leading to an
                                            increased rate of recession and a narrowing of the island.
                                            In addition, many of the Commonwealth's rarest species
                                            depend on the continuation of natural processes that cur-
                                            rently exist on barrier islands. Consequently, they are
                                            threatened by any interference with those processes. The



                                 20





                                                            Coastal Primary Sand -Dunes      Beaches- Guidelines


                                                 implementation of the policies and guidelines set forth in
                                                   p
                                                 this document will support a fuller achievement of the pur-
                                                 poses of the Virginia Natural Area Preserves Act (Section
                                               .'101.1-209 et. seq. of the Code oiVirginia), the Virginia)En-
                                                 dangered Species Act (Section'.29.1-563 et. seq. of the Code
                                                 of Virginia) and the Virginia Endangered Plant and Insect
                                                 Species Act (Section 3.1-1020 et. seq. of the Code of Vir-
                                                 ginia).

                                                 Two of the main natural features.of barrier islands are
                                                 natural dunes and washover ateas,,both of which are in-
                                                 eluded in the statutory definition of a coastal primary
                                                 sand dune as a"'mound of uncons'olidated sandy soil which
                                                                           i           whose landwar
                                                 is contigtious to in e'an h gh water,                  d and lat-
                                                 eral'limits are marked by a change in grade from ten per-
                                                 cent or greater to less than ten percent, and upon any part
                                                 of which is growirig" certain designated plants as listed in
                                                                         re Code of Virginia.'Given the par-
                                                 Section 29.2-1400 of th
                                                 ticular combination, of risks to both natural values -and life
                                                 and property posed by development on barrier islands, the
                                                 Commission fi@ds it necessary and appropriate to estab-
                                                 lish a- poli i and supplemental guidelines to assist land-
                                                            CY
                                                 owners and decision makers alike in shaping barrier
                                                 island uses in a manner that preserves and protects the
                                                 values of Coastal Pnmary'Sand Dunes as set forth by the
                                                 General, Assembly.

                                          B. Fierm'its Required

                                             L Applications f6r'New Development

                                                   a.  No construction or anyother activity-which has the
                                                       potential for encroaching on or otherwise damaging
                                                       coastal primary sand dunes or state-own       ed beaches-
                                                       shall occur without review and approval by the Ma-,
                                                       rine Resources, Commission (Commission)or a local
                                                       wetland board, or both. Consequently,, a permit appli-






                            Coastal Primary Sand Dunes  Beaches Guidelines


                                            cation must be submitted for any such'construction
                                            or other activity. Each application shall include:

                                             (1) A certified survey of the site which is repre-
                                                sentaiive of current conditions showing:


                                                  W   One-foot contours relative to local mean
                                                      high water, commencing at that line and
                                                      proceeding through the site to the first
                                                      wetlands -vegetation,

                                                  (ii) Specific location for all proposed struc-
                                                      tures including septic system and drain-
                                                      fields,

                                                  (iii) Size, configuration and design of access
                                                      points,

                                                  (iv) Location of any other activity which may
                                                      affect coastal primary sand dunes or State-
                                                      owned shore, and

                                                  (v) A dune crest, determined in consultation
                                                      with, the Virginia Institute of Marine Sci-
                                                      ence, which identifies the highest eleva-
                                                      tion of the coastal primary sand dune on
                                                      the lot.


                                              (2) A copy of both a valid building permit and sep-
                                                 tic or other wastewater handling or disposal sys-
                                                 tem permit.

                                         b. All lot pins and proposed construction locations,
                                            drainfield sites and access points shall be staked and
                                            tied to suitable reference points.

                                         c. In its review of the application,. the' Commission (or a
                                            local wetlands board) will determine the correctness
                                            of the dune crest and will establish a minimum set-
                                            back necessary to prevent encroachment in or dam-



                             22





                                                      Coastal, Primary Sand Dunes   Beaches Guide.lines


                                                 age I to the durie'or, interference with th e natural proc-
                                                 esses of dune.growth.

                                        2.  Loss of Structures and Applications for Redevelop-
                                            ment. When a structure is destroyed or damaged by natu-
                                            ral events such thatthe structure is condemned by health
                                            officials or local building'offi.cials,,reconstruction in that lo-
                                            cation may not be authorized. Submission of a new applica-
                                            tion'and- evaluation as if no structur6mere,pr6sent will be*
                                            required. in the event a structure is damaged beyond re-
                                            pair and is no longer habitable, or damaged and not re-
                                            stored, to a usable state within one year,the owner of
                                            record shall.be responsible for the com'p'l6f;6 removal of all
                                            vestiges. of the structure and materials resulting there-
                                            from,.including the'septicItank, distribution'b,6x and drain-
                                            fields in their entirety, or as directed by the State or local
                                            Department, of, Health. The owner- of the lot shallrestore
                                            the area to as natural a' state as possible.

                                     -C. Supplemental Guidelines.

                                        L Structures,


                                             @a. No permanent structure, other than those already
                                                 specifically allowed by law or provided for, in Section'
                                                 C.2.b below for purposes of permanent access, will be
                                                 permitted seaward of the crest of the coastal primary.
                                                 sanddune. No permanent alteration of the coastal'
                                                 primary sand dune will be permitted, except in.ac-
                                                 cordance with thestandards set forth in the Coastal
                                                 Trimary Sand Dunes Act.

                                             b.  Since it is well established that-the coastal primary
                                                 sand dunes and the islands themselves recede con-
                                                 tinually westward at a reasonably'predietable rate,
                                                 and that 6xc@ssive vehicular and pedestrian use will
                                                 increase the Tragility of coastal -primary sand dunes
                                                 or impact upon significant natural resources, develop-
                                                 ment must be limited to"no more than low density


                                                                                                    23





                                 Coastal Primary Sand -Dunes/ Beaches Guidelines


                                                   single family use on each platted parcel. Uses other
                                                   than single family dwellings can clearly be charac-
                                                   terized as "unnecessary and inconsistent with the
                                                   public interest considering all, material factors."

                                               c.  The density. of structures and the perceni of the
                                                   shoreline frontage occupied by those stru.6ture.s, are'
                                                   critical to minimizing the impact they have on sand
                                                   migration across the island. Data concerning the'de-
                                                   velopment on barrier islands indicates that adverse
                                                   impacts may be minimized w@en no more. than 25%
                                                   of the islands' linear shoreline is occupied by struc-
                                                   tures. This factor shall be considered in evaluating
                                                   the individual and cumulative impacts of each permit
                                                   application. In considering permit applications, the
                                                   following guidelines shall be followed:

                                                     (1) There'shall be adequate area within the lot'that
                                                        is neither sand dune (including beach and over-
                                                        wash -areas). nor wetlands to accommodate the
                                                        proposed dwelling and any appurtenant strue-
                                                        tures; including attendant sanitary facilities.

                                                     (2) Minimum frontage for a lot on the ocean capa-
                                                        ble of supporting a single-family vacation cot-
                                                        tage shall be 100.feet.

                                                     (3) Minimum side yard requirements shall be 30
                                                        feet.


                                                     (4) The setback from the dune crest for all struc-
                                                        tures including septic systems shall be 20'times
                                                        the'local 100 year long-term annual shoreline re-
                                                        cession rate. The dune crest shall be defined as
                                                        the location of the highest elevation of the
                                                        coastal primary sand dune, beach or washover
                                                        located on the lot.






                                  24






                                                  Coastal Primary Sand Dunes Beaches Guidelines,


                                             (5)  The maximum allowable Square footage for the
                                                  first floor of a single family dwelling on a 100
                                                  foot lot shall be 900 square feet and for a 200
                                                  foot lot, 1800 square feet, including porches,
                                                  decks, and other appurtenances. Houses with
                                                  first floors larger than these will not be consid
                                                  ered necessary economic development.

                                             (6)  The, maximum height of a dwelling shall be 25
                                                  feet measured from the base of the first floor to
                                                  the peak of the roof.

                                             (7)  All dwellings shall be constructed on elevated
                                                  open pilings a minimum of ten feet above grade.
                                                  No enclosures will be permitted below the first
                                                  floor.


                                                                       
                                             (8)  An appropriate identification number shall be
                                                  affixed to all septic tanks made of nonbiodegrad-
                                                                                    
                                                  able plastic materials to aid in their identifica
                                                  tion.

                                             (9)  Exceptions to these requirements may be
                                                  authorized in individual cases. No such excep-
                                                  tion shall be authorized unless the Commission
                                                  finds:


                                                   (i) That the strict application, of the require-
                                                       ment would produce undue hardship, and,

                                                  (ii) That the authorization of such exception
                                                       will hot result in significant detriment to
                                                       barrier islands, their natural resources, or
                                                       adjacent property.

                                                                
                                          d. Evidence of cumulative environmental impacts of ex-
                                             isting and proposed structures, as well as the secon-
                                             dary impacts resulting from their use, shall be
                                                 




                                                                                              25
 





                               Coastal Primary Sand Dunes    Beaches Guidelines'



                                                considered in passing upon any application for a per-
                                                mit.


                                       2. Access

                                            a.  No cuts through. the dune will be permitted. Tempo-
                                                rary vehicular access for purposes of construction
                                                will be permitted only by open-pile or "corduroy"
                                                ramps. Permits for temporary vehicular access will
                                                be limited as necessary to protect significant 'natural
                                                resources, At.expiration of the authorized term all
                                                structures, except ds noted in subdivision b below,
                                                must be removed and the dune restored to its pre-con-
                                                struction contours and revegetated. All plans for tem-
                                                -,porary construction access must-be specified in the
                                                application for any construction permit.


                                            b.  Permanent vehicular access across the dune will be
                                                permitted only by "corduroy" or open-pile vehicular
                                                ramps which allow the natural process of dune
                                                growth and migration to occur. An open-pile or "cor-
                                                duroy" ramp developed for purposes of construction
                                                access may remain in place for permanent access if it
                                                meets the above criteria and is specifically approved.
                                                All plans for permanent- access must be specified in
                                                the application -for any construction permit.

                                             c. Each dwelling will be limited to a maximum of one
                                                vehicle for access to and from the island's landings.
                                                All vehicles shall be subject 'to the following condi-
                                                tions:,


                                                  (1) Each vehicle shall have a no-cost annually re-
                                                     newable permit to travel on the beach. The
                                                     owner shall attest at the time of renewal the Ye-
                                                     hicle's status and condition.







                                26





                                                   Coastal Primary, Sand Dunes Beaches Guidelines


                                                (2) The 'permit number for each veh.icle'shall be dis-
                                                   played-in two toot high letters on the roof and
                                                   sides of the vehicle*.,


                                                (3) When a vehicle for a particular dwelling is no
                                                   longer functional, it must be removed from the
                                                   island. Evidence of itsremovalillust be pro-
                                                   vided,prior tolthe issuance,of a permit for-a new
                                                   vehicle.


                                                (4) All driving will be limited to the intertidal zone
                                                   and between there and,,approVea dune cross-
                                                   ov6rs. Vehicular, use of the b e- a-ch, at periods
                                                   greater than four hours either side of low water-
                                                   shall be considered a violation of this section.

                                                (5),All'bird nesting areas po sted by the Virginia De-
                                                   partment of Game and Inland Fisheries, U.S.
                                                   Fish and Wildlife-SerVice, or Department of Con
                                                   servation and Recreation shall be off limits to
                                                   all vehicles.


                                                (6) No all terr@in vehicles (ATVs) will be permitted
                                                   on barrier islands.

                                                (7) Evidence of velicularusbIn areas other than
                                                   those authorized. shall be, caus6for revocation of
                                                   the permit and a r'equirement; that the vehicle
                                                   be removed from the island.


                                                   Any person havi.ng,his or her permit revoked
                                                   shall be precluded fiom reapplication for a one-
                                                   year period.


                                                                                    on or across
                                      3. Roads. No roAs or trails will be permi
                                         any coastal primatY sand dune or-i,n any wetland.

                                      4. Sand Movement. Ncartificial relocation of sand will be
                                         permitted.



                                                                                                27





                                Coasial Primary Sand Dunes     Beaches Guidelines


                                         5. Shore Hardening. Structures normally associated with
                                            or used -for shoreline protection or erosion control, includ-
                                            ing but not limited to bulkheads, riprap, revetm ents,
                                            gabion baskets, sand bags, groins and jetties, or any other
                                            hardening of the shoreline will not be permitted under any
                                            circumstances.


                                         6. Point Source Discharges. No point source discharge
                                            pipe, structures or other devices will be permitted.

                                         7. Bond Requirement. A reasonable bond or letter of credit
                                            will be required prior tograntiiig any permit to assure res-
                                            toration of any temporary alteration of the coastal primary
                                            sand dune including, but not limited to', regrading to the
                                            original elevation, resprigging With appropriate vegetation
                                            and removal of any and all construction debris.

                                         8. Sand Fence. The use,of sand fencing or other artificial
                                            barriers is discouraged because of its'interference with the
                                            natural sand transport and migration on barrier islands.

                                         9. Solid Waste. All solid waste generated on barrier islands
                                            must be removed and disposed of appropriately on the
                                            mainland.


                                         10. Pets. In order to prevent unrestricted roaming which may
                                            result in the disturbance of, or depredation to wildlife, do-
                                            mestic pets must (a) be restrained or under the control of
                                            their owner at all times; (b) shall not be allowed 6ff of the
                                            owner's property except under leash; and (c) shall notb6,-
                                            abandoned on a barrier island.


                                         1L Endangered Spec     ies. Encroac 'hment [email protected] nesting
                                            sites of threatened and endangered srxies identified by,
                                            the Virginia Department of Gar.% and Inland Fisheries or
                                            Department of C  onservatio'n O.A Recreation is prohibited.
                                            Evidence of impact or potenlial impact on threatened and
                                            endangered species shall 1,-,e"considered in passing upon
                                            any application for a p--fmit.



                                 28





                                                          Coastal Primary Sand Dunes      Beaches Guidelines


                                           12. Landscaping- The(planting,of exotic species or introduc-
                                               tion of non-native fauna 'are impermissible. Broadcast
                                               spraying of pesticides or herbicides are impermissible ex-
                                               cept when necessary to protect the public health or safety
                                               As decreed by the appropriate public health, official.


                                             Public  Hearings

                                         The'public' hearing required by ï¿½ 6 of the model ordinance may,
                                         be held in Newport News, Virginia. SUCH hearing will not be
                                         scheduled U'ntil'the Commission staff has de'terminied that it is
                                         in receipt of a complete application.

                                         E.. Comments/Advisory Notes

                                            L, Risks. While future events and their impacts on human
                                               activity cannot be forecast with,an degree of precision, ex-
                                                                                    y
                                               perience in other coastal areas suggest a proclivity to seek
                                               public assistancewhen catastrophic events occur or when
                                               services are needed beyond the ability of private'resources
                                               to provide. The Commission believes that any develop-
                                               ment.on barrier islands should be Undertaken only with
                                               the, full acceptance by the,owners of the'ri.sks involved.

                                                  a. No Public Protection of Private Property;
                                                     Authorization of structures should in n6 way serve as
                                                     justification, for the future expenditure of public re-
                                                     sources to,pr6tect such structures.


                                                  b. Services. Any services which may be provided, by lo-,
                                                     Cal government to promote public health, safety and,
                                                     general welfare must be installed, maintained and,op
                                                     erated in a manner consistent with the policy, stand-
                                                     ards andguidelines of.both the Wetlands and'Dunes
                                                     Protection Acts.


                                                   c. Relocation of Structures. Once local mean high
                                                     water approaches a. structure to within 10 times the
                                                     average recession rate, a plan for its m6veirfenfirelo-



                                                                                                              29





                              Coastal Primary Sand Dunes    Beaches, Guidelines


                                              cation must be submitted for, review. No movement'
                                              or relocation will be permitted without the written
                                              permission of the Commission.


                                      2. Interference With Natural Pkocesses. The serious
                                         sand deficiency which currently exists on Virginia's bar-'
                                         rier islands is exacerbated by any artificial maiiipulation,
                                         including sand fences, which might render the supply
                                         more vulnerable to export offshore or interfere.with the
                                         natural movement on@hore in washover, areas during
                                         storm events. Private property owner's have even more at
                                         stake than the public-at-large in assuring that natural
                                         prIocesses are not interfered with to any discernible degree.

                                      3. Value of Dune Preservation. Special emphasis is
                                         placea on the legislative declaration of public policy,that
                                         coastal primary sand dunes "in their natural state serve
                                         as protective barriers from the effects of flooding and ero-
                                         sion caused by coastal storms, thereby prot6cting,life and
                                         property."

                                           a. Accordingly, every reasonable precaution to avoid
                                              permanent alteration is expected to be exercised by
                                              all users in gaining temporary access to private prop-
                                              erty for construction orfor continued access to
                                              authorized structures.

                                           b... All construction, including septic systems, shall be
                                              set back from'mean high water a distance at the site
                                              to assure reasonable survival duration. Setbacks
                                              from the-dune crestwere specified in Secfion-C: -1.c(4)
                                              of this policy.

                                      4. Water Quality. While the Commission believes that prop-
                                         erlyfunctioning septic systems in the limited density an-
                                         ticipated will have no measurable effect,- failing systems or
                                         greater numbers than now forecast could impact impor-
                                         tant public,shellfish growing areas. Therefore, staff will ie-
                                         quest at least biannually from the State Health


                              '30






                                                     Coastal Primary Sand Dunes Beaches Guidelines


                                           Department an assessment of the cumulative impact
                                           and/or catastrophic failure of septic systems they have
                                           authorized.


                                     F. Policy with Regard to Private Restrictive Agreements

                                     In addition to the above guidelines and advisory, comments and
                                     as an additional means to reasonably "preserve and protect
                                     coastal primary -sand dunes and beaches and-to prevent their de-
                                     spoliation and destruction, and to help achieve the other pur-
                                     poses set forth by the General Assembly in the Coastal Primary
                                     Sand Dune Protecting Act, the Commission endorses- and looks
                                     favorably upon restrictive private covenants which "accommo-
                                     date necessary economic development in a manner consistent
                                     With the protection of (coastal primary sand dunes)." For exam-
                                     ple, the Commission encourages restrictive private covenants
                                     which:

                                        1. Protect the "natural habitat for coastal fauna," "wildlife.
                                           habitat," and "vegetation which stabilizes (Coastal Pri-
                                           Mary Sand Dunes)."

                                        2. Prohibit special exemptions or attempts to obtain such ex-
                                           emptions from the application of -controlling stAtutes.


                                        3. Enhance the "scenic and recreational attractiveness of Vir-
                                           ginia's coastal area," protect the "important natural habi-
                                           tat for coastal fauna," and protect the "vegetation which
                                           stabilizes such features."    

                                        4. Require cooperation with the state and federal conserva-
                                           tion agencies to protect the ecologically signficant natural
                                           resources including granting permission to post critical 
                                           bird nesting sites.










                                                                                                    31





                            Coastal Primary Sand Dunes   Beaches Guide'lines






















































                             32.,





                                                         Coastal Primair@, Sand Dunes   Beaches Guidelihes


                                  'SectionVIII

                                        Coastal Dune Vegetation:

                                        The following dune plants commonly occupy coastal primary
                                        dunes and related habitats'in Virginia and adjacent states.
                                        These plants are important t6the dune environment in that
                                        they reduce the'effects of the wind erosion and in some cases ac-
                                        tually aid in dune'development. They are an integral part of
                                        coastal du'rie-habitat and play an impor'iant.role in the ecological
                                        integrity-of this system. Se've'ral dune species, such as American
                                        Beach Grass and Sea Oats are often planted for dune stabiliza-
                                        tion ordune creation projects. These two grasseshave the. capac-
                                        it;y of not only surviving but,stabili,zing a'ccreting sand. When
                                        buried by sand, these, grasses produce faA growing vertical rhi-
                                        zomes (underground stems) that eventually produce a shock of
                                        leaves at the to p of the dune.'Therefor6, if a sand supply is:avail-
                                        able, a dune can grow and become stabilized through the help of
                                       -these grasses.

                                        Most dune plants arenecessarily very hardy.',They must be able
                                        to withstandintense heat, reflected light, saltspray, pearly sterm
                                        ile substrate, and strong winds. Many of these species-have de-
                                        veloped specialized morphological features that have helped
                                        them adapt to, these adverse conditions. Despite these, outstand-
                                        ing features-, these plants are highly susceptible to trampling,,
                                        off-road vehicles and the.like.

                                        The,dune plants' illustrated* and described* in this section are
                                        protected by the Coastal Primary, Sand Dune Protection Act, Vir-
                                        ginia Code Chapter. 14 of Title 282.





                                        *Reprinted with permission from the author and publisher of
                                        Plants of the Mid-Atlantic  ICoas&a field gui Ide. G. M. Silberhorn.
                                        Illustrated by Mary Warinner. Johns Hopkins University Press,,
                                        Baltimore, Md.



                                                                                                            33






                              Coastal Primary Sand Dune's Beaches Guidelines




















































                              34





                                                     Coastal Primary Sand Dunes    Beaches Guideline's





                                     Sea Oats


                                     Uniola paniculata L.



                                     This tall, stately grass is one of the most important primary
                                     dune plants'on'th6 Southeast Coast.. Sea Oats ranges from Vir-
                                     @ginia.to the Gulf Coast. It's robust seed head (a-panicle of numer-
                                     ous wafer-like spikelets) is,easily distinguished from Beach
                                     Grass which has a rather narrow, dense spike of flowers.
                                     In late su mer or early
                                              In             fall the geed head turns a-bronze-yellow
                                     color whereas. the spike of Beach Grass matures to a dull gray.
                                     Both, grasses are highly adaptive'.to accretifig sand, salt spray,
                                     wind and dry conditions.'They are very important natural re-
                                     sources in a dune field and should not'be disturbed.

































                                                                                                    35






                              Coastal Primary Sand Dunes    Beaches Guidelines







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                               36





                                                    Coastal Primary Sand Dunes    Beaches Guidelines-




                                    American Beach Graï¿½s

                                    AmmoPhild breviligulata Fern.



                                    'This  ass is the most common pla@nt that grows on primary
                                         gr
                                    dunes from New, England to. North Carolina. It has a very dense
                                    narrow flowering spike Which distinguishes it from other dune
                                    grasses. The spike is surrounded by a,dense tuft of long, narrow
                                    and pointed leaves. Beach Grass has' excellent sand binding ca-
                                    pabilities and can tolerate, and even thrives to some degree,on
                                    'being buried by shifting sand. Seedlings of Be a-ch Grass are
                                    often'planted in dune restoration'projects. Only one other beach
                                    plant can Withstand such, conditions, and that is, Sea Oats,Un-
                                    iola paniculata which has a more southern range.





























                                                                                                    37






                               Coastal Primary Sand DU,nes Beaches Guidelines
















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                               38





                                                   Coastal Primary Sand Dunes/ Beaches Guidelines





                                   Short Dune Grass


                                   Running Beach Grass,

                                   Panicum, ararum Ell.




                                   The grass is often found on dunes from the New England area to
                                   the Gulf Coast. Compared to Ammophila'and . Uniola, the leaves
                                   of Short Dune Grass have blue green color that is,quite distin-
                                   guishing. The seed head is a rather sparse, narrow panicle, of
                                   small ellipsoid seeds. Unlike the other two species, this grass is
                                   not, as highly adapted to accreting sand. -Whereas the specialized
                                           system ofAmmophila and Uniola c keep-' withsand,
                                   growth                                     an      UP
                                   build up, Panicum will eventually become buried by large'
                                   amounts of shifting sands. Where,therb are optimal growing con-'
                                   ditions (reduced sand accretion and salt spray), this grass often.
                                   forms 'relatively dense mats of vegetation' originating from un-
                                   derground rhiioines.,























                                                                                                  39





                              Coastal Primary Sand Dunes  Beaches Guidelines













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                               40





                                                    Coastal Primary,Sand Dunes   Beaches Guidelines




                                   -Sea.side Goldenro-d            p

                                   solidago'sempervir'ens



                                   Seaside Goldenrod is one of the most striking plants in the
                                   coastal zone.during late summer or early fall. This" tall, leafy per--
                                   ennial produces a spray of bright yellow blooms that is typical of
                                   interior goldenrods. The leaves are dark -g-keen, and fleshy And
                                   are produced in profusion along the entire length of the stem
                                   'Which may be as much as 6 feet long. It is typically found on the,
                                   more stable
                                                part of the dune, on low secondary' dunes, or alofig
                                   the edges of salt marshes.






























                                                                                                  41





                                                                       Coastal Primary 8and Dunes                                         Beaches, Guidelines











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                                                                        42





                                                    Coastal P@imary'Sand Dunes    Beaches Guidelines





                                    Dusty MiRer

                                   'Artemis'ia stelleriana Besser.



                                    D
                                       s
                                      u: ty Miller is, an introduced plant that over the years' has in-
                                    vad6d and-adapted well to, coastal dunes. from Quebec to Vir-
                                    ginia. It is commonly used as a border plant because of its
                                    unusual and attractive foliAge'. The lobed leaves have dense
                                    whitish hairs on both, sides that gives the foliage a velvety ap-.
                                    pearance. As. are many, dun6 species,this plant is a perenmial
                                    and spreads by creeping underground steins called rhizomes. Al-
                                    though the foliage is mostly low' or. creeping in posture, the plant
                                    produces a flowering stem at the, peak of the growing season
                                    that may be, over two feet tall. This reproductive stem may have
                                    a large number of flowerheads.'Ea:,ch head bears many tiny,
                                    nearly inconspicuous flowers. This characteristic is typical of the
                                    composite or Aster family to which this.plant belongs.























                                                                                                    43





                               Coastal Primary Sand Dunes  Beaches Guidelines













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                               '44






                                                   Coastal Primary Sand Dunes   Beaches Guidelines





                                   Dune Bean


                                   Beach Bean


                                   Strophyostyles helvola (L.) Ell.



                                   Dune Bean is an annual, trailing and, twining vine which occu-
                                   pies various habitats in the dune/beach system. It has a charac-
                                   teristic bean or legume flower which is usually rose or purplish
                                   when mature. It also produces a typical "bean pod." The leaves
                                   are divided into three separate leaflets. The combination of
                                   these three features (flower, pod and leaf) will distinguish this
                                   vine from many other plants that live   the beach/dune habitat.
                                   This plant is not strictly-a dune species but can also be found in
                                   maritime forests, and other interior, open woodland habitats.
























                                                                                                 45






                                                            Coastal Primary Sand Dunes                              Beaches Guidelines


















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                                                             46






                                                  Coastal Primary Sand Dunes  Beaches Guidelines




                                   Seabeach Sandwort

                                  Arenaria lanuginosa (Michaux), Rohrback



                                   This small plant is usually found on the margin of swales be-
                                   tween or behind the, primary dunes. Sandwort appears to be too
                                   delicate for the rigorous coastal environment and in fact, the
                                   plants appear to be more vigorous where they, are somewhat pro-
                                   tected from salt spray, excessive sand accretion and wind. The
                                   leaves are small and narrow and the flowers not very conspicu-
                                   ous. It is found only sparingly in Virginia as this area,is the
                                   northern extent of its range which continues as far south as
                                   South, America..


























                                                                                                47






                              Coastal Primary,;Sand Dunes  Beaches Gyidelines

















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                               48





                                                      Coastal Primary Sand Dunes Beaches Guidelines





                                     Sea Rocket

                                     Cakile edentulata (Bigelow), Hooker



                                     Sea Rocket usually occupies, the zone between the toe of the pri-
                                     mary dune & and wrack line on the beach.. Cakile is a succulent
                                     plant, with fleshy stems and leaves. The small flowers are usu-
                                     ally lavender or light blue or occasionally white. Thick, fleshy
                                     fruits develop late in the growing season. Although Sea Rocket 
                                     does not have the sand binding qualities of the beach grasses, it
                                     is indicative of this dynamic zone between dune  and mean high
                                     water.












































                                                                                                        49





                                Coastal Primary Sand Dunes    Beaches Guidelines







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                                 50





                                                      Coastal Primary Sand Dunes     Beaches Guidelines





                                     Beach Heather


                                     Hudsonia      tometosa Nuttall



                                     Beach Heather is a low', spreading,shrubby,plaht; that rarely.
                                                                        9
                                     grows over. a foot tall. The leaves are scale7like, somewhat're-
                                     sembling  those of a cedar tree andare covered with   very-short,
                                     dense hairs. The whitish hairs give these little shrubs a
                                      mildewy" appearance-At the peak of the growing season, tiny
                                     yellow flowers are evident. Beach Heather generally grows on
                                     somewhat moist;, compacted sand- which is typical around the
                                     edge of swales'between dunes. Hudsonia tometosa -is,more com-
                                     mon                           a t; nge
                                          in the'New England are bu ra' s as far south as North,
                                     Carolina where it'is found infre uently.'-
                                                                      q






































                                                                                                       51





                                C.oastal'Primary Sand Dunes/ Beaches bui'delihes




























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                                52






                                                       Coastal Primary Sand Dunes/Beaches Guidelines





                                     Saltmeadow Hay

                                     Spartina patens (Aiton) Muhl.
                                                   

                                     Saltmeadow Hay is short (seldom over knee high) wirey grass
                                     that grows in dense clumps on the backside (landward) of pri-
                                     mary dunes. It is also found, sometimes profusely, on lower sec-
                                     ondary dunes, swales and higher portions of a saltmarsh where
                                     it often forms dense meadows. Compared to Beach Grass and
                                     Sea Oats, it has a relatively sparse, branching seed head. Its
                                     leaves are long, very narrow and are often rolled inward (some-
                                     what trough-like) so that they appear to be round. This mecha-
                                     nism helps reduce water loss (excessive transpiration) in the
                                     plant. Most dune plants have adaptive characteristics that help
                                     them withstand the rigorous environment of the coastal ecosys-
                                     tem.



































                                                                                                         53






                               Coastal Primary Sand. Dunes  Beaches Guidelines




















































                                54





                                                           Coastal Primary Sand Dunes/Beaches Guidelines


                                   Glossary

                                         ACCRETION -growth by accumulation of new material.

                                         BARRIER ISLAND - a low island which, usually in conjunction
                                              with other islands, shelters an open area of water or marsh
                                              between itself and the mainland.

                                         BACKSHORE - an area in the beach zone between mean high
                                              water and the toe the dune system.

                                         BERM - that part of the beach at the upper limit of the wave
                                              wash formed by the deposit of material by wave action.

                                         COASTAL PRIMARY SAND DUNE- mound of unconsolidated
                                              sandy soil which is contiguous to mean high water, whose
                                              landward and lateral limits are marked by a change in
                                              grade from ten per centum or greater to less than ten per
                                              centum, and upon any part of which is growing as of July
                                              one, nineteen hundred eighty, or grows thereon subsequent
                                              thereto, any one or more of the following: American beach
                                              grass (Ammophilla breviligulata); beach heather (Hud-
                                              sonia tometosa); dune bean (Strophostylis umbellata var,
                                              paludigena); dusty miller (Artemisia stelleriana); salt-
                                              meadow hay (Spartina patens); seabeach sandwort
                                              (Arenaria peploides); sea oats (Uniola paniculata); sea
                                              rocket (Cakile edentula); seaside goldenrod (Solidago sem- ,
                                              pervirens); and short dune grass (Panicum ararum). For
                                              purposes of this chapter, "Coastal Primary Sand Dune"
                                              shall not include any mound of sand, sandy soil or, dredge
                                              spoil which has been deposited by man for the purpose of
                                              the temporary storage of such material for later use.

                                         CONTIGUOUS - bordering or adjoining, next to.

                                         DEFLATION- the removal of loose material from a beach or
                                              dune by wind action.

                                         DUNE BACKFACE - the zone from the crest of the dune to the
                                              point at which the dune grade drops below ten percent.



                                                                                                               55






                                 Coastal Primary Sand Dunes    Beaches Guidelines


                                       DUNE.CREST - a line connecting the highest points of a dune
                                            along its long axis.

                                       DUNE LINE - the line established by several dunes positioned
                                            next to one Another.


                                       DUNE TOE - a,zone on the seaward face'of the dune marked by
                                            -a significant change in grade.

                                       FASTLAND - the comparatively stable upland area adjacent, to
                                            the shoreline.

                                       FORESHORE - that part of the shore lying between the upper
                                            limit of wave wash at high tide and the oidinary low water
                                            mark.


                                       GRADE - as used in the'Sand Dune Act, the term refers to the
                                            rate of change in elevation progressing across a dune;
                                            grade is determined by divi ding the absolute increase or de-
                                            crease in the vertical distance occurring over any meas-
                                            ured horizontal distance as long as both measures are in
                                            the same units.


                                       LANDWARD LIMIT - in the Act, the onshore     boundary of the
                                            dune.

                                       LATERAL LIMIT - in the Act, the ends of the dune 'usually
                                            found lying perpendicularto the shoreline or the dune
                                            boundaries normal to the long axis of the dune.

                                       MEAN HIGH WATER - the average height of high waters over
                                            the previous nineteen year period.

                                       MORPHOLOGY - the form and structure of a dune or dune vege-
                                            tation.


                                       OFFSHORE BAR - one (or more) sand bar(s) running roughly
                                            parallel to the shoieline.

                                       ONE HUNDRED YEAR STORM - that storm event which, on
                                            the average, may be expected to occur once in one hundred
                                            years.



                                 56





                                                  Coastal Primary Sand Dunes   Beaches Guidelines


                                         PILE-FOUNDATION - a foundation composed entirely of
                                        large poles driven into the ground which, support a s.truc-
                                        ture above ground level.

                                  STORM SURGE -- the additional depth of water above mean
                                        high, water which accompanies coastal storms.'

                                  TRANSITION ZONE - that area in which ph sical and/or bio-
                                                         I I      @ - I . @ I y
                                        logical feat u*res chairacteristic,of two adj ac6ht areas (e.g.,
                                        beach and uplands) can both be found.

                                  UNCONSOLIDATED - in the Sand Dune Act, sediments which
                                        do not bind together.

                                  WASHOVER DEPOSIT,- the material deposit d by th
                                                                               e      , e passing
                                        of water over the beach-6nto the fastlahd.








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