§ 28.2-1209. Maintenance or removal of structures erected upon or over state-owned subaqueous bottoms
Any person constructing or erecting any structure upon or over state-owned subaqueous bottoms, or their grantees or assignees for value, shall be responsible for the maintenance or removal of the structure upon its abandonment or its falling into a state of disrepair. However, public service corporations may abandon cables, conduit and pipes upon prior approval […]
§ 28.2-1205. Permits for the use of state-owned bottomlands
A. When determining whether to grant or deny any permit for the use of state-owned bottomlands, the Commission shall be guided in its deliberations by the provisions of Article XI, Section I of the Constitution of Virginia. In addition to other factors, the Commission shall also consider the public and private benefits of the proposed […]
§ 28.2-1205.1. Coordinated review of water resources projects
A. Applications for water resources projects that require a Virginia Marine Resources permit and an individual Virginia Water Protection Permit under § 62.1-44.15:20 shall be submitted and processed through a joint application and review process. B. The Commissioner and the Director of the Department of Environmental Quality, in consultation with the Virginia Institute of Marine […]
§ 28.2-1205.2. Coordinated review of public beach replenishment projects using Chesapeake Bay sand; expedited process
A. Applications for sand replenishment projects on public beaches abutting the waters of the Chesapeake Bay that involve the dredging of sand from the Chesapeake Bay and require a permit from the Marine Resources Commission or the Department of Environmental Quality, or both, shall be reviewed and a decision on the issuance of the permit […]
§ 28.2-1206. Fees; exemptions
A. A non-refundable processing fee of $100 shall accompany each application (i) submitted for a Commission permit for the use of state-owned submerged lands or (ii) submitted pursuant to § 28.2-1203. No such processing fee shall be required for an application to explore or recover underwater historic property or to conduct any activity authorized by […]
§ 28.2-1207. Authority to approve permits for encroachment on subaqueous beds; notice
A. Any application for a permit to trespass upon or over or encroach upon subaqueous beds which are the Commonwealth’s property may be approved by the Commissioner or his authorized representative if the application meets the requirements of §§ 28.2-1205 and 28.2-1206 and the following criteria are satisfied: 1. The total value of the project […]
§ 28.2-1208. Granting easements in, permitting the use of, or leasing the beds of certain waters
A. The Commission may, with the approval of the Attorney General and the Governor, grant easements over or under or lease the beds of the waters of the Commonwealth outside of the Baylor Survey. Every easement or lease executed pursuant to this section shall be for a period not to exceed five years, except in […]
§ 28.2-1203. Unlawful use of subaqueous beds; penalty
A. It shall be unlawful for any person to build, dump, trespass or encroach upon or over, or take or use any materials from the beds of the bays, ocean, rivers, streams, or creeks which are the property of the Commonwealth, unless such act is performed pursuant to a permit issued by the Commission or […]
§ 28.2-1204. Authority of Commission over submerged lands
The Commission is authorized to: 1. Issue permits for all reasonable uses of state-owned bottomlands not authorized under subsection A of § 28.2-1203, including but not limited to, dredging, the taking and use of material, and the placement of wharves, bulkheads, and fill by owners of riparian land in the waters opposite their lands, provided […]
§ 28.2-1204.1. Submerged aquatic vegetation
The Commission shall, in consultation with the Virginia Institute of Marine Science, develop guidelines containing criteria for use in: 1. Defining existing beds of submerged aquatic vegetation; and 2. Delineating areas where there is potential for submerged aquatic vegetation restoration. 1999, c. 547.