{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1202.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1202.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1202.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1202.html"}],"law_id":74996,"edition_id":1,"section_id":74996,"structure_id":13215,"section_number":"28.2-1202","catch_line":"Rights of owners to extend to mean low-water mark","history":"Code 1950, \u00a7 62-2; 1968, c. 659, \u00a7 62.1-2; 1972, c. 865; 1992, c. 836; 2014, cc. 106, 234.","full_text":"A\n\nSubject to the provisions of § 28.2-1200, the limits or bounds of the tracts of land lying on the bays, rivers, creeks, and shores within the jurisdiction of the Commonwealth, and the rights and privileges of the owners of such lands, shall extend to the mean low-water mark but no farther, except where a creek or river, or some part thereof, is comprised within the limits of a lawful survey.B\n\nFor purposes of this section, “lawful survey” means the boundaries of any land, including submerged lands, held under a special grant or compact as required by § 28.2-1200, such boundaries having been determined by generally accepted surveying methods and evidenced by a plat or map thereof recorded in the circuit court clerk’s office of the county or city in which the land lies.C\n\nNotwithstanding any provision of law to the contrary, where sand or other material is placed upon state-owned beds of the bays, rivers, creeks, or shores of the sea channelward of the mean low-water mark as part of the performance of a properly permitted beach nourishment, storm protection, or dredging project undertaken by a public body, and the public has an established right of use and maintenance upon the adjacent land above the mean low-water mark, whether such public right is established before or after the sand or other material is placed, such placement shall not be deemed a severance or taking of, or otherwise to have impaired, an adjacent landowner’s riparian or littoral rights, and the newly created land channelward of the former mean low-water mark shall be deemed natural accretion for purposes of ownership, but such ownership shall be subject to the public’s same right of use and maintenance upon the newly created land as previously existed on the adjacent land above the mean low-water mark. This subsection is retroactively effective beginning January 1, 2009.","order_by":null,"text":{"0":{"id":269407,"text":"Subject to the provisions of § 28.2-1200, the limits or bounds of the tracts of land lying on the bays, rivers, creeks, and shores within the jurisdiction of the Commonwealth, and the rights and privileges of the owners of such lands, shall extend to the mean low-water mark but no farther, except where a creek or river, or some part thereof, is comprised within the limits of a lawful survey.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":269408,"text":"For purposes of this section, “lawful survey” means the boundaries of any land, including submerged lands, held under a special grant or compact as required by § 28.2-1200, such boundaries having been determined by generally accepted surveying methods and evidenced by a plat or map thereof recorded in the circuit court clerk’s office of the county or city in which the land lies.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":269409,"text":"Notwithstanding any provision of law to the contrary, where sand or other material is placed upon state-owned beds of the bays, rivers, creeks, or shores of the sea channelward of the mean low-water mark as part of the performance of a properly permitted beach nourishment, storm protection, or dredging project undertaken by a public body, and the public has an established right of use and maintenance upon the adjacent land above the mean low-water mark, whether such public right is established before or after the sand or other material is placed, such placement shall not be deemed a severance or taking of, or otherwise to have impaired, an adjacent landowner’s riparian or littoral rights, and the newly created land channelward of the former mean low-water mark shall be deemed natural accretion for purposes of ownership, but such ownership shall be subject to the public’s same right of use and maintenance upon the newly created land as previously existed on the adjacent land above the mean low-water mark. This subsection is retroactively effective beginning January 1, 2009.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13215,"edition_id":1,"name":"Ownership and Uses of Submerged Lands","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13214,"metadata":{},"date_created":"2026-06-26 03:44:27","date_modified":"2026-06-26 03:44:27","permalink":{"id":191919,"object_type":"structure","relational_id":13215,"identifier":"1","token":"28.2\/III\/12\/1","url":"\/28.2\/III\/12\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13214,"edition_id":1,"name":"Submerged Lands","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":13040,"metadata":{},"date_created":"2026-06-26 03:44:27","date_modified":"2026-06-26 03:44:27","permalink":{"id":191917,"object_type":"structure","relational_id":13214,"identifier":"12","token":"28.2\/III\/12","url":"\/28.2\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13040,"edition_id":1,"name":"Habitat","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:44:10","date_modified":"2026-06-26 03:44:10","permalink":{"id":191915,"object_type":"structure","relational_id":13040,"identifier":"III","token":"28.2\/III","url":"\/28.2\/III\/","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":59255,"structure_id":13215,"section_number":"28.2-1200","catch_line":"Ungranted beds of bays, rivers, creeks and shores of the sea to remain in common","url":"\/28.2-1200\/","token":"28.2\/III\/12\/1\/28.2-1200","metadata":false},{"id":79938,"structure_id":13215,"section_number":"28.2-1200.1","catch_line":"Conveyance of state-owned bottomlands","url":"\/28.2-1200.1\/","token":"28.2\/III\/12\/1\/28.2-1200.1","metadata":false},{"id":69308,"structure_id":13215,"section_number":"28.2-1201","catch_line":"Ungranted islands which rise from lands which are property of the Commonwealth","url":"\/28.2-1201\/","token":"28.2\/III\/12\/1\/28.2-1201","metadata":false},{"id":74996,"structure_id":13215,"section_number":"28.2-1202","catch_line":"Rights of owners to extend to mean low-water mark","url":"\/28.2-1202\/","token":"28.2\/III\/12\/1\/28.2-1202","metadata":false},{"id":79002,"structure_id":13215,"section_number":"28.2-1203","catch_line":"Unlawful use of subaqueous beds; penalty","url":"\/28.2-1203\/","token":"28.2\/III\/12\/1\/28.2-1203","metadata":false},{"id":78037,"structure_id":13215,"section_number":"28.2-1204","catch_line":"Authority of Commission over submerged lands","url":"\/28.2-1204\/","token":"28.2\/III\/12\/1\/28.2-1204","metadata":false},{"id":54222,"structure_id":13215,"section_number":"28.2-1204.1","catch_line":"Submerged aquatic vegetation","url":"\/28.2-1204.1\/","token":"28.2\/III\/12\/1\/28.2-1204.1","metadata":false},{"id":72222,"structure_id":13215,"section_number":"28.2-1204.2","catch_line":"Marine Habitat and Waterways Improvement Fund established","url":"\/28.2-1204.2\/","token":"28.2\/III\/12\/1\/28.2-1204.2","metadata":false},{"id":77192,"structure_id":13215,"section_number":"28.2-1205","catch_line":"Permits for the use of state-owned bottomlands","url":"\/28.2-1205\/","token":"28.2\/III\/12\/1\/28.2-1205","metadata":false},{"id":83246,"structure_id":13215,"section_number":"28.2-1205.1","catch_line":"Coordinated review of water resources projects","url":"\/28.2-1205.1\/","token":"28.2\/III\/12\/1\/28.2-1205.1","metadata":false},{"id":69126,"structure_id":13215,"section_number":"28.2-1205.2","catch_line":"Coordinated review of public beach replenishment projects using Chesapeake Bay sand; expedited process","url":"\/28.2-1205.2\/","token":"28.2\/III\/12\/1\/28.2-1205.2","metadata":false},{"id":58867,"structure_id":13215,"section_number":"28.2-1206","catch_line":"Fees; exemptions","url":"\/28.2-1206\/","token":"28.2\/III\/12\/1\/28.2-1206","metadata":false},{"id":72997,"structure_id":13215,"section_number":"28.2-1208","catch_line":"Granting easements in, permitting the use of, or leasing the beds of certain waters","url":"\/28.2-1208\/","token":"28.2\/III\/12\/1\/28.2-1208","metadata":false},{"id":83871,"structure_id":13215,"section_number":"28.2-1209","catch_line":"Maintenance or removal of structures erected upon or over state-owned subaqueous bottoms","url":"\/28.2-1209\/","token":"28.2\/III\/12\/1\/28.2-1209","metadata":false}],"previous_section":{"id":69308,"structure_id":13215,"section_number":"28.2-1201","catch_line":"Ungranted islands which rise from lands which are property of the Commonwealth","url":"\/28.2-1201\/","token":"28.2\/III\/12\/1\/28.2-1201","metadata":false},"next_section":{"id":79002,"structure_id":13215,"section_number":"28.2-1203","catch_line":"Unlawful use of subaqueous beds; penalty","url":"\/28.2-1203\/","token":"28.2\/III\/12\/1\/28.2-1203","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1202\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 659; in 1972, chapter 865; in 1992, chapter 836; in 2014, chapters 106<\/a> and 234<\/a>.<\/p>","references":[{"id":76592,"section_number":"28.2-629","catch_line":"Rights of owner to waters within lawful survey","order_by":null,"url":"\/28.2-629\/"}],"refers_to":[{"id":59255,"section_number":"28.2-1200","catch_line":"Ungranted beds of bays, rivers, creeks and shores of the sea to remain in common","order_by":null,"url":"\/28.2-1200\/"}],"permalink":{"id":191933,"object_type":"law","relational_id":74996,"identifier":"28.2-1202","token":"28.2\/III\/12\/1\/28.2-1202","url":"\/28.2-1202\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1202\/","token":"28.2\/III\/12\/1\/28.2-1202","dublin_core":{"Title":"Rights of owners to extend to mean low-water mark","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1202","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Subject to the provisions of § 28.2-1200<\/a>, the limits or bounds of the tracts of land lying on the bays, rivers, creeks, and shores within the jurisdiction<\/span> of the Commonwealth, and the rights and privileges<\/span> of the owners of such lands, shall extend to the mean low-water mark but no farther, except where a creek or river, or some part thereof, is comprised within the limits of a lawful survey<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For purposes of this section, “lawful survey<\/span>” means the boundaries of any land, including submerged lands, held under a special grant or compact as required by § 28.2-1200<\/a>, such boundaries having been determined by generally accepted surveying methods and evidenced by a plat or map thereof recorded in the circuit<\/span> court<\/span> clerk’s office of the county or city in which the land lies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any provision of law<\/span> to the contrary, where sand or other material<\/span> is placed upon state-owned beds of the bays, rivers, creeks, or shores of the sea channelward of the mean low-water mark as part of the performance of a properly permitted beach nourishment, storm protection, or dredging project undertaken by a public body, and the public has an established right of use and maintenance upon the adjacent land above the mean low-water mark, whether such public right is established before or after the sand or other material<\/span> is placed, such placement shall not be deemed a severance or taking of, or otherwise to have impaired, an adjacent landowner’s riparian or littoral rights, and the newly created land channelward of the former mean low-water mark shall be deemed natural accretion for purposes of ownership, but such ownership shall be subject to the public’s same right of use and maintenance upon the newly created land as previously existed on the adjacent land above the mean low-water mark. This subsection is retroactively effective beginning January 1, 2009. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHTS OF OWNERS TO EXTEND TO MEAN LOW-WATER MARK (\u00a7 28.2-1202)\n\nA. Subject to the provisions of § 28.2-1200, the limits or bounds of the\ntracts of land lying on the bays, rivers, creeks, and shores within the\njurisdiction of the Commonwealth, and the rights and privileges of the owners of\nsuch lands, shall extend to the mean low-water mark but no farther, except where\na creek or river, or some part thereof, is comprised within the limits of a\nlawful survey.\n\nB. For purposes of this section, “lawful survey” means the\nboundaries of any land, including submerged lands, held under a special grant or\ncompact as required by § 28.2-1200, such boundaries having been determined\nby generally accepted surveying methods and evidenced by a plat or map thereof\nrecorded in the circuit court clerk’s office of the county or city in\nwhich the land lies.\n\nC. Notwithstanding any provision of law to the contrary, where sand or other\nmaterial is placed upon state-owned beds of the bays, rivers, creeks, or shores\nof the sea channelward of the mean low-water mark as part of the performance of\na properly permitted beach nourishment, storm protection, or dredging project\nundertaken by a public body, and the public has an established right of use and\nmaintenance upon the adjacent land above the mean low-water mark, whether such\npublic right is established before or after the sand or other material is\nplaced, such placement shall not be deemed a severance or taking of, or\notherwise to have impaired, an adjacent landowner’s riparian or littoral\nrights, and the newly created land channelward of the former mean low-water mark\nshall be deemed natural accretion for purposes of ownership, but such ownership\nshall be subject to the public’s same right of use and maintenance upon\nthe newly created land as previously existed on the adjacent land above the mean\nlow-water mark. This subsection is retroactively effective beginning January 1,\n2009.\n\nHISTORY: Code 1950, \u00a7 62-2; 1968, c. 659, \u00a7 62.1-2; 1972, c. 865; 1992, c.\n836; 2014, cc. 106, 234.","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}}