Code of Virginia - Title 28.2 Fisheries And Habitat Of The Tidal Waters - Chapter 6 Planting Grounds

28.2-600 Riparian planting ground assignments; eligibility; fee
Any owner of land bordering on a body of water in the oyster-growing area of this Commonwealth whose shore front measures at least 205 feet ...

28.2-601 Riparian assignments; entitlements; obligations
The riparian leaseholder shall have the exclusive right to the use of such ground for planting or gathering oysters and clams. The assignment made pursuant ...

28.2-602 Riparian assignments; special terms and conditions
The provisions of this article apply to all Virginia counties and cities bordering on bodies of water in oyster-growing areas, except they shall not apply ...

28.2-603 General oyster-planting grounds
Waterfront that is not already assigned or reserved for the riparian owners, and the beds of the bays, rivers, and creeks and shores of the ...

28.2-603.1 Temporary enclosures on leased ground
The Commission shall, pursuant to its authority to regulate marine fisheries and commercial fishing, establish a general permit regulation authorizing the use of temporary protective ...

28.2-603.2 Commissioner to provide notice
A. At least 30 days before placing temporary protective enclosures on a leasehold pursuant to § 28.2-603.1, the leaseholder shall provide written notification to the ...

28.2-604 Eligible applicants
Application for assignment of general oyster-planting ground may be made by (i) any resident of the Commonwealth, (ii) any county, municipality, or political subdivision of ...

28.2-605 Application for assignment
All applications for assignment of general oyster-planting grounds shall be made in writing, in duplicate, to the Commission. Applications shall be considered in the same ...

28.2-606 Posting of notice of applications
Notice of the application shall be (i) posted by the Commission for not less than sixty days at the courthouse of the county or city ...

28.2-607 Survey and marking of ground
If a protest is not filed in the Commission office within sixty days after posting of the notice of application, the Commissioner shall select a ...

28.2-608 Application, surveying, and recording fees
Any applicant for general oyster-planting ground or for riparian oyster ground shall pay (i) an application fee of twenty-five dollars; (ii) the Commission's surveying costs ...

28.2-609 Restrictions on assigned acreage and applications
No assignment, except in the Chesapeake Bay, shall exceed 250 acres. An applicant, after having 250 acres of general oyster-planting ground assigned to him, shall ...

28.2-610 Restriction on acreage owned or operated
No person shall own or operate more than 3,000 acres of general oyster-planting grounds in the waters of this Commonwealth other than in the Chesapeake ...

28.2-611 Application for general planting ground in Chesapeake Bay; acreage allowed; annual rental
Application for general planting ground in the Chesapeake Bay in waters from fifteen feet deep or more shall be made to the Commissioner. The Commissioner ...

28.2-612 Payment of annual rental; penalty for default
The applicant shall pay to the Commission annual rent of $1.50 per acre or any fraction thereof, except as provided for the Chesapeake Bay and ...

28.2-613 Duration of lease
Each assignment of general oyster-planting ground shall continue in force for ten years from the date of assignment, unless the assignment is terminated; however, assignments ...

28.2-614 Requiring lessee or transferor to have ground surveyed and plat recorded; canceling lease for failu...
If the Commissioner determines that in any past assignment of or in any attempt to transfer oyster ground, a survey, or a recorded plat, does ...

28.2-615 Payment of costs for service, etc
The cost of the surveys and recording fees required by § 28.2-614 shall be borne by the lessee or transferor and the cost and fees ...

28.2-616 Possession gives no preference as to assignment
Any person in possession of any general oyster-planting ground which has not been assigned according to law shall have no preference as to having it ...

28.2-617 Recordation of plat
The plat and assignment, as soon as practicable after completion, and after the ground has been assigned to the applicant, shall be filed for record ...

28.2-618 Commonwealth guarantees rights of renter subject to right of fishing
The Commonwealth shall guarantee to any person who has complied with ground assignment requirements the absolute right to continue to use and occupy the ground ...

28.2-619 When leases become vacant
When the Commission finds that a lessee is dead or unknown, and no one claims such property as an heir or assignee, the ground shall ...

28.2-620 Delinquent ground
Any ground or area which becomes delinquent shall be open and available to be leased, after the following conditions have been met: 1. The Commissioner ...

28.2-621 Effect of proposal for navigation project
When the Commissioner receives information that the Secretary of the Army has been authorized by congressional action to conduct a survey on a specified navigation ...

28.2-622 Consolidation of lease
Upon written request by a leaseholder, the Commission may consolidate into one lease contiguous leases held by the same leaseholder. The consolidation, upon approval by ...

28.2-623 Excusing rent payment on condemned oyster grounds in the Lynnhaven River and tributaries
Whenever leased oyster ground in the Lynnhaven River and its tributaries has been condemned by the Commissioner of the State Department of Health for not ...

28.2-624 Public rocks, etc., not to be used or staked off; penalty
It is unlawful for any person to stake, use, or occupy for the purpose of propagating or planting oysters or shells any public oyster bed, ...

28.2-625 Transfer or assignment
A person holding an existing lease of oyster-planting ground may transfer or assign all or any part of the lease to another under the following ...

28.2-626 Refund of rent paid under mistake
Whenever the Commissioner finds that a person has mistakenly paid to the Commonwealth any money that he is not legally obligated to pay, the Commissioner ...

28.2-627 Relief from rent
The Commissioner may forgive ground rent for oyster leases in any area declared a disaster area for oyster culture. A disaster area may be declared ...

28.2-628 Condemnation of oyster bottoms and grounds
The Department of Transportation and any county, city, or town shall have the right by eminent domain, to acquire any right or interest, partial or ...

28.2-629 Rights of owner to waters within lawful survey
If any creek, cove, or inlet within the jurisdiction of this Commonwealth flows into or runs through the lands of any person, is less than ...

28.2-630 Rights of riparian owners to build bulkhead or wharf
All assignments or leases of oyster or clam grounds under this chapter shall be subject to the rights vested in riparian claimants under Article 1 ...

28.2-631 Grounds for clams
The provisions in this chapter referring or relating to the leasing of oyster grounds include the right of the Commissioner to lease grounds for planting, ...

28.2-632 Public clamming grounds
Any ground in the waters of this Commonwealth not assigned to anyone for planting or bathing purposes may be, on application of twenty or more ...

28.2-633 Bathing grounds; assignment; rental
Any person desiring to obtain a location for bathing grounds shall apply to the Commissioner to have the location designated, surveyed, and assigned. An annual ...

28.2-634 Nonresidents; taking, planting oysters prohibited; penalty
If any person other than a resident, as defined in § 28.2-200, takes or catches oysters or clams in any of the waters of this ...

28.2-635 Residents not to be associated with nonresident
Any resident who is associated for market or profit with any nonresident in taking or catching oysters or clams in any of the waters of ...

28.2-636 Leasing of certain bottoms in Rappahannock River prohibited
No part of the bottom of the Rappahannock River, lying in or near the center of the river and running from the mouth of the ...

28.2-637 Description unavailable
Repealed by Acts 1993, c. 217. ...

28.2-638 Authority of Governor to authorize dredging of channel in navigable waters
When the approval, consent, or authorization of the Commonwealth is necessary or expedient for any person to dredge a channel of any navigable stream, the ...

28.2-639 Certain public oyster rocks in Rappahannock River
Russ' Rock and Little Carter's Rock are declared to be public oyster rocks, beds, and shoals and unassignable to any person for private use, in ...

28.2-640 Declaring certain grounds in Mobjack Bay public oyster rocks
The following grounds in Mobjack Bay, in the County of Gloucester, to wit: First, a lot of oyster-planting ground containing 218.75 acres surveyed by Fred ...

28.2-641 Declaring certain areas in Hill's Bay, Mathews County, public oyster rocks, beds, and shoal...
The following ground in Hill's Bay on the west side of Gwynn's Island, Mathews County, contained within the following boundaries is declared to be public ...

28.2-642 Declaring certain other areas in Hill's Bay, Mathews County, public oyster rocks, beds, and shoal...
The following ground in Hill's Bay, Mathews County, contained within the following boundaries is declared to be public oyster rocks, beds, and shoals and unassignable ...

28.2-643 Declaring certain areas in Chesapeake Bay, Mathews County, public oyster rocks, beds, and shoal...
The following ground in Chesapeake Bay, Mathews County, contained within the following boundaries is declared to be public oyster rocks, beds, and shoals and unassignable ...

28.2-644 Declaring certain areas near Hole in the Wall, in Mathews County, public oyster rocks, beds, and sh...
The following ground near Hole in the Wall, Mathews County, contained within the following boundaries is declared to be public oyster rocks, beds, and shoals ...

28.2-645 Declaring certain areas in Pocomoke Sound, Accomack County, public oyster rocks, beds, and shoal...
The following area in Pocomoke Sound, Accomack County, contained within the following boundaries is declared to be public oyster rocks, beds, and shoals and unassignable ...

28.2-646 Declaring certain areas in Piankatank River near Stove Point, Middlesex County, public oyster rocks...
The following area, in the Piankatank River around and near Stove Point, Middlesex County, is declared to be public oyster rocks, beds, and shoals and ...

28.2-647 Declaring certain areas near the mouth of the Poquoson River, in York County, public oyster rocks, ...
The following ground near the mouth of the Poquoson River in York County, contained within the following boundaries is declared to be public oyster rocks, ...

28.2-648 Declaring certain ground in Mobjack Bay, in Gloucester and Mathews Counties, to be public oyster ro...
The following grounds in Mobjack Bay, Gloucester-Mathews Counties, contained within the following boundaries are declared to be public oyster rocks, beds, and shoals and unassignable ...

28.2-649 Acts which remain in force
The following acts of the General Assembly are continued in force: Chapter 632 of the Acts of Assembly of 1901-1902, relating to the natural oyster ...

28.2-650 Dredging clams in polluted areas for replanting in public clamming grounds
The Commissioner may dredge clams or have the clams dredged in polluted areas for the purpose of replanting them in public clamming grounds. (Code 1950, ...