Code of Virginia
Chapter 6 - Planting Grounds
§ 28.2-603.2. Commissioner to provide notice

A. At least 30 days before placing temporary protective enclosures on a leasehold pursuant to § 28.2-603.1, the leaseholder shall provide written notification to the Commissioner that identifies the leasehold, the approximate maximum number of enclosures to be placed on the leasehold at any given time, and the estimated date such placement will begin. No later than 30 days after receiving such notification, the Commissioner may publish notice of the proposed placement in a newspaper of general circulation serving the area in which the leasehold is located. In determining whether to publish such notice, the Commissioner shall consider the potential effect on existing uses of waters proximate to the leasehold and the potential for conflict between the proposed placement and such uses. The public notice shall invite written comment on the proposed placement and include information concerning the submission of written comments. The Commission may receive written comments for no more than 30 days following publication of notice.
B. If, on the basis of written comments, the Commissioner finds significant and substantive opposition from persons residing on or using the waters proximate to the leasehold, the Commissioner shall convene a public meeting on the proposal no more than 30 days after the close of the comment period. No later than 15 days after the public meeting, the Commissioner shall (i) approve the proposal, (ii) approve the proposal with conditions, or (iii) deny the proposal. If the Commissioner denies the proposal, the leaseholder may request approval of the proposal before a hearing of the Commission.
C. If the Commissioner determines not to publish public notice, the Commissioner shall, no later than 30 days after receiving written notification of the proposal, advise the leaseholder to proceed in accordance with the requirements of the general permit. If the Commissioner publishes public notice but does not find significant and substantive opposition by persons residing on or using the waters to the leasehold, the Commissioner shall, no later than 15 days after the close of the comment period, advise the leaseholder to proceed in accordance with the requirements of the general permit.
2007, cc. 28, 170.

Structure Code of Virginia

Code of Virginia

Title 28.2 - Fisheries and Habitat of the Tidal Waters

Chapter 6 - Planting Grounds

§ 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

§ 28.2-611. Application for general planting ground in Chesapeake Bay; acreage allowed; annual rental

§ 28.2-612. Payment of annual rental; penalty for default

§ 28.2-613. Duration of lease

§ 28.2-614. Requiring lessee or transferor to have ground surveyed and plat recorded; canceling lease for failure of lessee to have survey

§ 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

§ 28.2-618. (Effective until July 1, 2035) Commonwealth guarantees rights of renter subject to right of fishing

§ 28.2-618. (Effective July 1, 2035) Commonwealth guarantees rights of renter subject to right of fishing

§ 28.2-619. When leases become vacant

§ 28.2-620. Delinquent ground

§ 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. Relief from rent

§ 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

§ 28.2-631. Grounds for clams

§ 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

§ 28.2-637. Repealed

§ 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

§ 28.2-641. Declaring certain areas in Hill's Bay, Mathews County, public oyster rocks, beds, and shoals

§ 28.2-642. Declaring certain other areas in Hill's Bay, Mathews County, public oyster rocks, beds, and shoals

§ 28.2-643. Declaring certain areas in Chesapeake Bay, Mathews County, public oyster rocks, beds, and shoals

§ 28.2-644. Declaring certain areas near Hole in the Wall, in Mathews County, public oyster rocks, beds, and shoals

§ 28.2-645. Declaring certain areas in Pocomoke Sound, Accomack County, public oyster rocks, beds, and shoals

§ 28.2-646. Declaring certain areas in Piankatank River near Stove Point, Middlesex County, public oyster rocks, beds, and shoals

§ 28.2-647. Declaring certain areas near the mouth of the Poquoson River, in York County, public oyster rocks, beds and shoals

§ 28.2-648. Declaring certain ground in Mobjack Bay, in Gloucester and Mathews Counties, to be public oyster rocks, beds, and shoals

§ 28.2-649. Acts which remain in force

§ 28.2-650. Dredging clams in polluted areas for replanting in public clamming grounds