Virginia Law

In addition to the criteria contained on pages 8 and 9 of the current Subaqueous Guidelines promulgated by the commission in 1979 and revised in 1986, the following should be considered by the applicant in planning and will be considered by the commission during the public interest review of each application for recreational boat mooring facilities.

1. The physical dimensions and characteristics of the water body should be compatible with the size of the marina and the type of vessels it will house. For example, a shallow cove or basin is not an appropriate site for a deep draft sailboat marina.

2. Marinas shall have sufficient upland area to provide all necessary parking, stormwater management BMP's, fuel, and sanitary facilities without filling wetlands or subaqueous bottom.

3. All marinas should be located in areas with good natural flushing to minimize the build-up of organic material and other pollutants on the bottom.

4. Marinas should not be sited close to areas of very high natural resource value such as shellfish beds, seagrass communities and areas frequented by endangered species.

5. The transfer of control of shellfish leases in order to accommodate marina development is generally unacceptable.

6. Projects that by their cumulative impact will result in dense concentrations of boats in one area will be critically evaluated as to their impacts on natural resources; however, in densely populated areas, concentration of slips in a single facility may be justified to prevent disturbance at undeveloped shorelines.