The Commission shall modify, remand or reverse the decision of the wetlands board if: 1. The wetlands board, in reaching its decision, failed to fulfill its responsibilities under the coastal primary sand dune zoning ordinance; or 2. The substantial rights of the appellant or the applicant have been prejudiced because the findings, conclusions, or decisions of the board are: a. In violation of constitutional provisions; b. In excess of statutory authority or jurisdiction of the wetlands board; c. Made upon unlawful procedure; d. Affected by other error of law; e. Unsupported by the evidence on the record considered as a whole; or f. Arbitrary, capricious, or an abuse of discretion. 1992, c. 836.
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