Administrative Code

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Virginia Administrative Code
Title 4. Conservation And Natural Resources
Agency 20. Marine Resources Commission
Chapter 360. Criteria for the Siting of Marinas or Community Facilities for Boat Mooring

4VAC20-360-50. Definitions.

For purposes of standardization, the definitions contained in Article 1 of Part I of the Department of Health regulations, 12VAC5-570-10 et seq., Sanitary Regulations for Marinas and Boat Moorings, will pertain. For reference purposes, the following two definitions are reproduced here:

"Marina means any installation operating under public or private ownership, which provides dockage or moorage for boats (exclusive of paddle or row boats) and provides, through sale, rental or fee basis, any equipment, supply or service (fuel, electricity or water) for the convenience of the public or its leasee, renters or users of its facilities."

"Other places where boats are moored means any installation operating under public or private ownership which provides dockage, moorage or mooring for boats (exclusive of paddle or row boats) either on a free rental or fee basis or for the convenience of the public."

For purposes of this chapter, "other place where boats are moored" and "community facility for boat mooring" are interchangeable.

Additionally, since community facilities increase significantly the value of the upland property they are intended to serve, the commission has a long standing policy that such facilities are classified as commercial in nature. Accordingly, only noncommercial, private piers placed by individual owners of riparian lands in the waters opposite such riparian lands are considered statutorily exempt from public interest review.

Statutory Authority

§§ 28.2-201 and 28.2-1204 of the Code of Virginia.

Historical Notes

Derived from VR450-01-0047 § 5, Virginia Register Volume 4, Issue 21, eff. August 17, 1988.

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