LIS

Virginia Law

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 336. General Permit No. 3 Pertaining to Noncommercial Riparian Shellfish Growing Activities
12/3/2024

4VAC20-336-40. Authorization and conditions.

All proposals for noncommercial shellfish aquaculture structures to encroach in, on or over state-owned subaqueous land which meet the criteria in subdivisions 1 through 3 of 4VAC20-336-30 are hereby approved subject to the following conditions:

1. This permit grants no authority to the permittee to encroach upon property rights, including riparian rights, of others.

2. The duly authorized agents of the commission shall have the right to enter upon the premises at reasonable times for the purposes of inspecting the work being done pursuant to this permit.

3. The permittee shall comply with the water quality standards as established by the Department of Environmental Quality and all other applicable laws, ordinances, rules and regulations affecting the conduct of this project. The granting of this permit shall not relieve the permittee of the responsibility of obtaining any and all other permits or authorization for this project.

4. The permit shall not affect or interfere with the right vouchsafed to the people of Virginia concerning fowling and the catching of and taking of oysters and other shellfish in and from the waters not included within the terms of this permit.

5. The permittee shall, to the greatest extent practicable, minimize adverse impacts of the project on adjacent properties and wetlands and upon the natural resources of the Commonwealth.

6. This permit may be revoked at any time by the commission upon the failure of the permittee to comply with the terms and conditions hereof or at the will of the General Assembly of Virginia.

7. There is expressly excluded from this permit any portion of the waters within the Baylor Survey (Public Oyster Ground).

8. This permit is subject to any lease of oyster planting ground in effect on January 1, 1998. Nothing in this permit shall be construed as allowing the permittee to encroach on any lease without the consent of the leaseholder. The permittee shall be liable for any damages to such lease.

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

10. All structures authorized by this permit which are not maintained in good repair or displaced to areas not authorized shall be completely removed from state-owned bottom within 30 days after notification by the commission or its designated representatives.

11. 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.

12. This permit authorizes no claim to archaeological artifacts which may be encountered during the construction or operation of the project. If, however, archaeological remains are encountered, the permittee agrees to notify the commission, who will, in turn, notify the Virginia Department of Historic Resources. The permittee further agrees to cooperate with agencies in the recovery of archaeological remains if deemed necessary.

13. The permittee agrees to respond to any inquiries or studies conducted by the commission concerning the permittee's aquaculture efforts.

14. This general permit shall remain valid for a period of five years from the date of issuance. It may be extended upon a request from the applicant provided the request is made prior to the permit expiration.

15. This general permit should be retained by the permittee for the life of the project as evidence of authorization.

Statutory Authority

§ 28.2-103 of the Code of Virginia.

Historical Notes

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

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.