Administrative Code

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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 336. General Permit No. 3 Pertaining to Noncommercial Riparian Shellfish Growing Activities

4VAC20-336-30. Procedures.

The Chief, Habitat Management Division, will administer the general permit and ensure that:

1. The approved Local-State-Federal Permit Application form, or General Permit No. 3 Application Form, is completed and filed in accordance with the instructions contained therein.

2. Aquaculture activities authorized by this permit achieve the policy and standards implicit in Chapter 12 (§ 28.2-1200 et seq.) of Title 28.2 of the Code of Virginia and reasonably accommodate guidelines promulgated by the commission.

3. Riparian shellfish gardening structures proposed meet the following criteria: (i) the proposed structures must be secured to a private pier which meets the criteria set forth in § 28.2-1203 (5) of the Code of Virginia, or other duly authorized structure in such a manner that they do not adversely impact navigation and are wholly within the permittee's riparian area; (ii) shellfish grown in such structures will not be commercially marketed; (iii) the permittee shall be responsible for complying with Virginia Department of Health requirements and fisheries regulations regarding shellfish grown in condemned or otherwise restricted waters; (iv) structures being used will not exceed 160 square feet in total area; and (v) structures will be located so as not to impact existing stands of submerged aquatic vegetation.

4. Projects which do not meet the criteria in subdivisions 1 through 3 of this section will be processed for an individual permit with appropriate fees and royalties.

Statutory Authority

§ 28.2-103 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 9, eff. January 1, 1998.

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