Code of Virginia
Chapter 6 - Planting Grounds
§ 28.2-634. Nonresidents; taking, planting oysters prohibited; penalty

If any person other than a resident, as defined in § 28.2-200, takes or catches oysters or clams in any of the waters of this Commonwealth, or in any of the waters under the Commonwealth's jurisdiction, for market or profit, he is guilty of a Class 1 misdemeanor. If any person other than a resident, as defined in § 28.2-200, or a corporation authorized to occupy and hold oyster-planting grounds, rents any oyster-planting grounds or plants oysters or clams in any of the waters of the Commonwealth, or waters under the Commonwealth's jurisdiction, he is guilty of a Class 1 misdemeanor, and such rental, lease or assignment is void. The burden of proof of residency under this section is the defendant's. This section shall not apply to any oyster-planting ground against which foreclosure proceedings have been instituted or title to which is acquired because of the lessee's death. Any property interest so acquired shall not extend longer than twelve months from the time the title vests.
Code 1950, § 28-139; 1962, c. 406, § 28.1-122; 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