Code of Virginia
Chapter 6 - Planting Grounds
§ 28.2-629. Rights of owner to waters within lawful survey

If any creek, cove, or inlet within the jurisdiction of this Commonwealth flows into or runs through the lands of any person, is less than 100 yards in width at mean low water, and is comprised within the limits of his lawful survey, as defined in § 28.2-1202, such person or other lawful occupant shall have the exclusive right to use the creek, cove, or inlet for sowing or planting oysters or other shellfish. However, in the County of Mathews the owners or lawful occupants of land on both sides of any creek, cove, or inlet, except Horn Harbor, Winter Harbor, and Milford Haven, suitable for the planting of oysters, above the point where such creek, cove, or inlet is 100 yards in width, shall have the exclusive right to use such creek, cove, or inlet for planting oysters. The right of the owners or occupants of land on the opposite sides of such creek, cove, or inlet extends to the middle of the channel.
Code 1950, § 28-132; 1962, c. 406, § 28.1-116; 1964, c. 393; 1966, c. 656; 1968, cc. 659, 747; 1972, c. 539; 1992, c. 836.

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