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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 1130. General Permit No. 4 for Temporary Protective Enclosures for Shellfish
11/21/2024

4VAC20-1130-40. General conditions.

A. The general permit established by this chapter grants no authorizations to the permittee to encroach upon the property rights, including riparian rights, of others.

B. Authorized agents of the commission shall have the right to enter upon the premises at reasonable times for the purpose of inspecting the work being done pursuant to this permit.

C. This general permit shall not be transferred without written consent of the commissioner.

D. The permittee shall minimize the adverse effects of the project upon adjacent properties and wetlands and upon the natural resources of the Commonwealth.

E. This permit may be revoked at any time by the commissioner upon the failure of the permittee to comply with any of the terms and conditions hereof.

F. There is expressly excluded from the permit any portion of the waters within the boundaries of the Baylor Survey.

G. The issuance of this permit does not confer upon the permittee any interest or title to the beds or waters of the Commonwealth.

H. All structures authorized by this permit that are not maintained in good repair shall be completely removed from state-owned bottom within five business days after written notification by the commissioner.

I. This permit authorizes no claim to archaeological or historic artifacts that may be encountered during the placement of temporary protective enclosures. If, however, archaeological remains are encountered, the permittee agrees to notify the commissioner who will in turn notify the Department of Historic Resources and the Virginia Institute of Marine Science. The permittee further agrees to cooperate with agencies of the Commonwealth in the recovery of archaeological remains if deemed necessary.

J. The permittee agrees to indemnify and save harmless the Commonwealth of Virginia from any liability arising from the establishment, operation or maintenance of said project.

K. The public shall not be excluded from any space not physically occupied by the authorized temporary protective enclosures.

L. This permit does not obviate the need to obtain other federal, state, or local authorizations required by law or regulation.

Statutory Authority

§ 28.2-201 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 24, Issue 8, eff. December 1, 2007.

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