Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

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
7/13/2020

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 Volume 24, Issue 08, eff. December 1, 2007.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.