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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
4/4/2020

4VAC20-360-90. Siting Criteria Check List.

The following criteria will be considered by the commission in determining whether, and upon what condition to issue any permit for a boat mooring facility. In addition, the commission may consider other factors relevant to a specific project or application.

Criteria

Undesirable

Desirable

Water Depth

Less than 3 ft. mlw

Greater than 3 ft. mlw

Salinity

Suitable for shellfish growth

Unsuitable for shellfish growth

Water Quality

Approved, conditionally approved or seasonally approved for shellfish harvesting

Closed for direct marketing of shellfish. Little or no potential for future productivity

Designated Shellfish Grounds

Private leases or public oyster ground in proximity

No private leases or public ground within affected area. No potential for future productivity

Maximum Wave Height

Greater than 1 ft.

Less than 1 ft.

Current

Greater than 1 knot

Less than 1 knot

Dredging

Requires frequent dredging

Does not require frequent maintenance

No suitable site for dredged material

Suitable site for all dredged material

Flushing Rate (Tidal Exchange)

Inadequate to maintain water quality

Adequate to maintain water quality

Proximity to Natural or Improved Channel

Greater than 50 ft. to navigable water depths

Less than 50 ft. to navigable channel

Threatened or Endangered Species

Present as defined in existing chapters, or project has potential to affect habitat

Absent; project will not affect

Adjacent Wetlands

Cannot maintain suitable buffer

Suitable buffer to be maintained

Navigation & Safety

Water body difficult to navigate or presently overcrowded conditions exist

Navigation not impeded

Existing Use of Site

Presently used for skiing, crabbing, fishing, swimming or other potentially conflicting uses

Not presently used for skiing, fishing, swimming or other recreational use

Submerged Aquatic Vegetation

Present

Absent

Shoreline

Bulkheading Required

Shoreline protected

Stabilization

by natural or planted vegetation or riprap

Erosion Control Structures

Groins and/or jetties necessary

No artificial structures needed

Finfish Habitat Usage

Important spawning and nursery area

Unimportant area for spawning or nursery for any commercially or recreationally valuable species

Statutory Authority

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

Historical Notes

Derived from VR450-01-0047 § 9, Volume 04, Issue 21, eff. August 17, 1988.

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