When the Commissioner receives information that the Secretary of the Army has been authorized by congressional action to conduct a survey on a specified navigation improvement project, the Commissioner shall obtain the consent and approval of the Governor before leasing any public oyster-planting grounds which may be required for dredging operations or spoil disposal areas in connection with the project. If after the completion of the survey and submission of the district engineers' report to the Chief of Engineers, United States Army, the proposed navigation improvement project is not authorized, the affected ground will again become available for lease and assignment.
Nothing in this section shall prohibit the renewal of any lease already in existence at the time the Commissioner receives information as to the authorization of a survey.
Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406, § 28.1-109(18); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973, c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1992, c. 836.
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