HD41 - The Commonwealth's Tidal Shoreline Erosion Policy

  • Published: 1987
  • Author: General Assembly. Joint Subcommittee
  • Enabling Authority: House Joint Resolution 46 (Regular Session, 1986)

Executive Summary:
The joint subcommittee was established pursuant to House Joint Resolution No. 46. The General Assembly requested that the subcommittee study whether the Commonwealth's shoreline erosion policy reflects an appropriate balance between the rights of individual property owners and the Commonwealth's responsibility to protect the environment. Specifically, the study is to seek answers to such questions as:

1. Does Virginia have an effective and comprehensive erosion control program?

2. What are the roles and responsibilities of the Commonwealth and the individual property owner in mitigating the effects of shoreline erosion?

3. Assuming Virginia's tidal shoreline is a natural resource, does the Commonwealth have an obligation to prevent or control the threat of erosion to private property?

4. What is the Commonwealth's role when protection of private property results in benefits through increased tax revenues to state government?

The subcommittee devoted a substantial amount of time during its first year to receiving testimony regarding the current shoreline erosion control policies and program of Virginia and other coastal states. While this interim report recommends no substantive change in existing state policy, the subcommittee, having familiarized itself with many of the issues, anticipates responding to the following fundamental policy questions as part of its future deliberations:

• What is the appropriate balance between the rights of property owners and the stewardship responsibilities of the state?

• Should Virginia's shoreline erosion policy reflect more uniformity in land use controls in coastal areas?

• What funding alternatives should be available to individuals and local governments for the control of shoreline erosion (i.e., cost sharing, trust funds, special taxing districts, land use incentives)?