{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-106.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-106.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-106.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-106.2.html"}],"law_id":75953,"edition_id":1,"section_id":75953,"structure_id":14231,"section_number":"28.2-106.2","catch_line":"Establishment, patrol, and enforcement of state water safety zones and restricted areas; penalty","history":"2003, c. 389.","full_text":"A\n\nThe Commission is authorized, following consultation with the U.S. Coast Guard and the U.S. Army Corps of Engineers, to establish, by regulation, state water safety zones and restricted areas within the tidal waters of the Commonwealth wherein public access shall be restricted or prohibited in the interest of public safety. Such zones or areas shall be consistent with federal law and made effective immediately upon establishment by the Commission. When, in the judgment of the Commissioner, time is of the essence and circumstances require action before a meeting of the Commission may be convened, the Commissioner is authorized, following consultation with the U.S. Coast Guard and the U.S. Army Corps of Engineers, to establish state water safety zones or restricted areas, subject to ratification by the Commission at its next regularly scheduled meeting. The provisions of the Administrative Process Act (§ 2.2-4000 et seq.) and §§ 28.2-209 through 28.2-215 shall not apply to regulations promulgated under this section. The Commission shall publicize the establishment and location of state water safety zones and restricted areas.B\n\nThe Virginia Marine Police shall patrol and enforce all state water safety zones and restricted areas.C\n\nIn times of officially declared national or state emergency, the Governor may adjust the boundaries of state water safety zones or restricted areas by executive order. Upon termination of emergency status, the boundaries shall return to those set forth in regulations.D\n\nA violation of any regulation promulgated under this section is a Class 1 misdemeanor.","order_by":null,"text":{"0":{"id":272689,"text":"The Commission is authorized, following consultation with the U.S. Coast Guard and the U.S. Army Corps of Engineers, to establish, by regulation, state water safety zones and restricted areas within the tidal waters of the Commonwealth wherein public access shall be restricted or prohibited in the interest of public safety. Such zones or areas shall be consistent with federal law and made effective immediately upon establishment by the Commission. When, in the judgment of the Commissioner, time is of the essence and circumstances require action before a meeting of the Commission may be convened, the Commissioner is authorized, following consultation with the U.S. Coast Guard and the U.S. Army Corps of Engineers, to establish state water safety zones or restricted areas, subject to ratification by the Commission at its next regularly scheduled meeting. The provisions of the Administrative Process Act (§ 2.2-4000 et seq.) and §§ 28.2-209 through 28.2-215 shall not apply to regulations promulgated under this section. The Commission shall publicize the establishment and location of state water safety zones and restricted areas.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":272690,"text":"The Virginia Marine Police shall patrol and enforce all state water safety zones and restricted areas.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":272691,"text":"In times of officially declared national or state emergency, the Governor may adjust the boundaries of state water safety zones or restricted areas by executive order. Upon termination of emergency status, the boundaries shall return to those set forth in regulations.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":272692,"text":"A violation of any regulation promulgated under this section is a Class 1 misdemeanor.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14231,"edition_id":1,"name":"Support Activities","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12820,"metadata":{},"date_created":"2026-06-26 03:47:23","date_modified":"2026-06-26 03:47:23","permalink":{"id":190629,"object_type":"structure","relational_id":14231,"identifier":"2","token":"28.2\/I\/1\/2","url":"\/28.2\/I\/1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12820,"edition_id":1,"name":"Administration","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":12819,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190593,"object_type":"structure","relational_id":12820,"identifier":"1","token":"28.2\/I\/1","url":"\/28.2\/I\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12819,"edition_id":1,"name":"General Provisions Relating to Marine Resources Commission","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190591,"object_type":"structure","relational_id":12819,"identifier":"I","token":"28.2\/I","url":"\/28.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12813,"edition_id":1,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190589,"object_type":"structure","relational_id":12813,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79876,"structure_id":14231,"section_number":"28.2-106","catch_line":"Virginia Marine Police; law-enforcement responsibilities; qualifications; oath","url":"\/28.2-106\/","token":"28.2\/I\/1\/2\/28.2-106","metadata":false},{"id":72614,"structure_id":14231,"section_number":"28.2-106.1","catch_line":"Patrol and enforcement of federal safety zones and restricted areas","url":"\/28.2-106.1\/","token":"28.2\/I\/1\/2\/28.2-106.1","metadata":false},{"id":75953,"structure_id":14231,"section_number":"28.2-106.2","catch_line":"Establishment, patrol, and enforcement of state water safety zones and restricted areas; penalty","url":"\/28.2-106.2\/","token":"28.2\/I\/1\/2\/28.2-106.2","metadata":false},{"id":62540,"structure_id":14231,"section_number":"28.2-107","catch_line":"Commission to implement radio system","url":"\/28.2-107\/","token":"28.2\/I\/1\/2\/28.2-107","metadata":false},{"id":78925,"structure_id":14231,"section_number":"28.2-108","catch_line":"Marine Patrols Fund continued","url":"\/28.2-108\/","token":"28.2\/I\/1\/2\/28.2-108","metadata":false},{"id":65360,"structure_id":14231,"section_number":"28.2-108.1","catch_line":"Virginia Waterway Maintenance Fund continued","url":"\/28.2-108.1\/","token":"28.2\/I\/1\/2\/28.2-108.1","metadata":false},{"id":55455,"structure_id":14231,"section_number":"28.2-108.2","catch_line":"Virginia Waterway Maintenance Grant Program","url":"\/28.2-108.2\/","token":"28.2\/I\/1\/2\/28.2-108.2","metadata":false}],"previous_section":{"id":72614,"structure_id":14231,"section_number":"28.2-106.1","catch_line":"Patrol and enforcement of federal safety zones and restricted areas","url":"\/28.2-106.1\/","token":"28.2\/I\/1\/2\/28.2-106.1","metadata":false},"next_section":{"id":62540,"structure_id":14231,"section_number":"28.2-107","catch_line":"Commission to implement radio system","url":"\/28.2-107\/","token":"28.2\/I\/1\/2\/28.2-107","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-106.2\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 389<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":72654,"section_number":"28.2-209","catch_line":"Publication of proposed regulations","order_by":null,"url":"\/28.2-209\/"},{"id":61932,"section_number":"28.2-215","catch_line":"Judicial review of validity of regulations","order_by":null,"url":"\/28.2-215\/"}],"permalink":{"id":190639,"object_type":"law","relational_id":75953,"identifier":"28.2-106.2","token":"28.2\/I\/1\/2\/28.2-106.2","url":"\/28.2-106.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-106.2\/","token":"28.2\/I\/1\/2\/28.2-106.2","dublin_core":{"Title":"Establishment, patrol, and enforcement of state water safety zones and restricted areas; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-106.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span> is authorized, following consultation with the U.S. Coast Guard and the U.S. Army Corps of Engineers, to establish, by regulation, state water safety zones and restricted areas within the tidal waters of the Commonwealth wherein public access shall be restricted or prohibited in the interest of public safety. Such zones or areas shall be consistent with federal law<\/span> and made effective immediately upon establishment by the Commission<\/span>. When, in the judgment<\/span> of the Commissioner<\/span>, time is of the essence and circumstances require action before a meeting of the Commission<\/span> may be convened, the Commissioner<\/span> is authorized, following consultation with the U.S. Coast Guard and the U.S. Army Corps of Engineers, to establish state water safety zones or restricted areas, subject to ratification by the Commission<\/span> at its next regularly scheduled meeting. The provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.) and §§ 28.2-209<\/a> through 28.2-215<\/a> shall not apply to regulations promulgated under this section. The Commission<\/span> shall publicize the establishment and location of state water safety zones and restricted areas. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Virginia Marine Police shall patrol and enforce all state water safety zones and restricted areas. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In times of officially declared national or state emergency, the Governor may adjust the boundaries of state water safety zones or restricted areas by executive order<\/span>. Upon termination of emergency status, the boundaries shall return to those set forth in regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A violation of any regulation promulgated under this section is a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nESTABLISHMENT, PATROL, AND ENFORCEMENT OF STATE WATER SAFETY ZONES AND\nRESTRICTED AREAS; PENALTY (\u00a7 28.2-106.2)\n\nA. The Commission is authorized, following consultation with the U.S. Coast\nGuard and the U.S. Army Corps of Engineers, to establish, by regulation, state\nwater safety zones and restricted areas within the tidal waters of the\nCommonwealth wherein public access shall be restricted or prohibited in the\ninterest of public safety. Such zones or areas shall be consistent with federal\nlaw and made effective immediately upon establishment by the Commission. When,\nin the judgment of the Commissioner, time is of the essence and circumstances\nrequire action before a meeting of the Commission may be convened, the\nCommissioner is authorized, following consultation with the U.S. Coast Guard and\nthe U.S. Army Corps of Engineers, to establish state water safety zones or\nrestricted areas, subject to ratification by the Commission at its next\nregularly scheduled meeting. The provisions of the Administrative Process Act\n(§ 2.2-4000 et seq.) and §§ 28.2-209 through 28.2-215 shall not\napply to regulations promulgated under this section. The Commission shall\npublicize the establishment and location of state water safety zones and\nrestricted areas.\n\nB. The Virginia Marine Police shall patrol and enforce all state water safety\nzones and restricted areas.\n\nC. In times of officially declared national or state emergency, the Governor may\nadjust the boundaries of state water safety zones or restricted areas by\nexecutive order. Upon termination of emergency status, the boundaries shall\nreturn to those set forth in regulations.\n\nD. A violation of any regulation promulgated under this section is a Class 1\nmisdemeanor.\n\nHISTORY: 2003, c. 389.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}