Administrative Code

Virginia Administrative Code
7/21/2024

Chapter 1350. Pertaining to General Oyster Planting Ground Lease Renewal Fee

4VAC20-1350-10. Purpose.

The purpose of this chapter is to establish the application procedures and fee for the renewal of general oyster planting ground leases and time limits to request a formal hearing concerning any denial of such renewal.

Statutory Authority

§ 28.2-613 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 36, Issue 1, eff. October 1, 2019.

4VAC20-1350-20. Definitions.

The following word or term when used in this chapter shall have the following meaning, unless the context clearly indicates otherwise:

"General oyster planting ground" means any lease granted for the propagation of oysters or clams as defined under § 28.2-603 of the Code of Virginia.

Statutory Authority

§ 28.2-613 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 36, Issue 1, eff. October 1, 2019.

4VAC20-1350-30. General oyster planting ground review form, fee, and denial.

A. Each leaseholder shall complete an application for renewal of general oyster planting ground prior to the expiration of each 10-year lease term.

B. A nonrefundable fee for review of the renewal application, as authorized by § 28.2-613 of the Code of Virginia, shall be $150 per lease. This fee shall be submitted with the completed application and both must be received or postmarked on or before the current 10-year lease expiration date.

C. The review for reassignment of a general oyster planting ground lease shall be conducted by the commissioner considering the requirements of § 28.2-613 of the Code of Virginia and all lease use or production requirements contained within either regulation or guidance as approved by the commission. Failure to meet use or production requirements or failure to return the completed application and fee by the expiration date of the current 10-year term shall result in denial of the lease renewal.

D. The commissioner's decision to deny a lease renewal application shall be mailed by certified mail to the last known address for the applicant.

Statutory Authority

§ 28.2-613 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 36, Issue 1, eff. October 1, 2019; amended, Virginia Register Volume 40, Issue 18, eff. March 28, 2024.

4VAC20-1350-40. Request for formal hearing of lease renewal denial.

Any request for a formal hearing, pursuant to § 28.2-216 of the Code of Virginia, to appeal a renewal application denied pursuant to this chapter must be received or postmarked no later than 60 days from the date that notice of the commissioner's decision is received.

Statutory Authority

§ 28.2-613 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 36, Issue 1, eff. October 1, 2019.

Forms (4VAC20-1350)

Oyster Planting Ground Lease Renewal Application, online web application (filed 3/2024)

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