A. Any owner of land bordering on a body of water in the oyster-growing area of the Commonwealth whose shore front measures at least 205 feet at the low-water mark, who has not had as much as one-half acre of ground already assigned him on the front, or whose lease has terminated and is not to be renewed, may apply for planting grounds to the Commissioner.
The Commissioner shall assign to him only a riparian planting ground that the Commissioner, in his discretion, deems appropriate to encompass as much as one-half acre of ground, subject to the Commissioner's discretion with respect to the precise location, and provided that the ground does not encroach into an existing oyster-planting ground lease assigned under Article 2 (§ 28.2-603 et seq.). The Commissioner may consider assigning an area that the owner designates within his riparian waters. Such ground shall not exceed one-half acre, and shall not be less than 105 feet wide along the shore, beginning at low-water mark, extending out not more than 210 feet, or to the nearest edge of the channel or the middle of the body of water, whichever is the shorter distance.
B. Upon the transfer of a lease, a ground shall be assigned only within an area deemed appropriate by the Commissioner to encompass as much as one-half acre of ground within the landowner's riparian waters.
C. The grounds shall be surveyed, plotted, marked, assigned, and recorded as provided for assignments to persons in Article 2 (§ 28.2-603 et seq.).
D. Any riparian assignment that was duly recorded in the clerk's office of the county or city where the grounds are located, or at the Commission office prior to July 1, 1986, shall continue in effect.
Code 1950, §§ 28-39, 28-123; 1950, p. 987; 1952, c. 649; 1956, c. 586; 1958, c. 184; 1960, c. 517; 1962, c. 406, §§ 28.1-44, 28.1-108; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1976, c. 256; 1978, c. 548; 1984, cc. 100, 244, 259; 1986, cc. 168, 184; 1992, c. 836; 2019, cc. 152, 164.
Structure Code of Virginia
Title 28.2 - Fisheries and Habitat of the Tidal Waters
§ 28.2-600. Riparian planting ground assignments; eligibility; fee
§ 28.2-601. Riparian assignments; entitlements; obligations
§ 28.2-602. Riparian assignments; special terms and conditions
§ 28.2-603. General oyster planting grounds
§ 28.2-603.1. Temporary enclosures on leased ground
§ 28.2-603.2. Commissioner to provide notice
§ 28.2-604. Eligible applicants
§ 28.2-605. Application for assignment
§ 28.2-606. Notice of application
§ 28.2-607. Survey and marking of ground
§ 28.2-608. Application, surveying, and recording fees
§ 28.2-609. Restrictions on assigned acreage and applications
§ 28.2-610. Restriction on acreage owned or operated
§ 28.2-612. Payment of annual rental; penalty for default
§ 28.2-615. Payment of costs for service, etc.
§ 28.2-616. Possession gives no preference as to assignment
§ 28.2-617. Recordation of plat
§ 28.2-619. When leases become vacant
§ 28.2-621. Effect of proposal for navigation project
§ 28.2-622. Consolidation of lease
§ 28.2-623. Excusing rent payment on condemned oyster grounds in the Lynnhaven River and tributaries
§ 28.2-624. Public rocks, etc., not to be used or staked off; penalty
§ 28.2-625. Transfer or assignment
§ 28.2-626. Refund of rent paid under mistake
§ 28.2-627.1. Oyster Leasing, Conservation, and Repletion Programs Fund
§ 28.2-628. Condemnation of oyster bottoms and grounds
§ 28.2-629. Rights of owner to waters within lawful survey
§ 28.2-630. Rights of riparian owners to build bulkhead or wharf
§ 28.2-632. Public clamming grounds
§ 28.2-633. Bathing grounds; assignment; rental
§ 28.2-634. Nonresidents; taking, planting oysters prohibited; penalty
§ 28.2-635. Residents not to be associated with nonresident
§ 28.2-636. Leasing of certain bottoms in Rappahannock River prohibited
§ 28.2-638. Authority of Governor to authorize dredging of channel in navigable waters
§ 28.2-639. Certain public oyster rocks in Rappahannock River
§ 28.2-640. Declaring certain grounds in Mobjack Bay public oyster rocks
§ 28.2-649. Acts which remain in force
§ 28.2-650. Dredging clams in polluted areas for replanting in public clamming grounds