§ 4002. Commission review.

a.

The commissioner shall review all decisions of the wetlands board and request the commission to review a decision only when he believes the board failed to fulfill its responsibilities under the Coastal Primary Sand Dune Zoning Ordinance.

b.

The commission shall review a decision of the wetlands board when any of the following events occur:

(1)

An appeal is taken from the decision by the applicant or by the county.

(2)

The commissioner requests the review. In order to make the request, the commissioner shall notify the board, applicant, and county within ten (10) days of receiving notice of the board's decision.

(3)

Twenty-five (25) or more freeholders of property within the county sign and submit a petition to the commission requesting the review. The petition shall indicate those specific instances where the petitioners allege that the board failed to fulfill its responsibilities under the Coastal Primary Sand Dune Zoning Ordinance.

c.

All requests for review or appeal shall be made within ten (10) days of the date of the board's decision. The commission shall hear and decide the review or appeal within forty-five (45) days of receiving the request for review or notice of appeal. A continuance may be granted by the commission on a motion of the applicant, the freeholders specified in subsection a. of this section, or the county. (10-15-09.)