{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1203.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1203.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1203.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1203.html"}],"law_id":79002,"edition_id":1,"section_id":79002,"structure_id":13215,"section_number":"28.2-1203","catch_line":"Unlawful use of subaqueous beds; penalty","history":"Code 1950, \u00a7 62-2.1; 1960, c. 600; 1962, c. 637; 1966, c. 641; 1968, c. 659, \u00a7 62.1-3; 1970, c. 621; 1972, c. 866; 1973, cc. 23, 361; 1974, cc. 92, 385; 1975, c. 431; 1976, c. 579; 1980, c. 253; 1982, c. 102; 1988, c. 868; 1992, c. 836; 1998, c. 605; 2000, c. 167; 2001, c. 234; 2003, c. 973; 2006, c. 507; 2007, c. 25; 2020, c. 806; 2022, c. 159; 2023, cc. 258, 259.","full_text":"A\n\nIt shall be unlawful for any person to build, dump, trespass or encroach upon or over, or take or use any materials from the beds of the bays, ocean, rivers, streams, or creeks which are the property of the Commonwealth, unless such act is performed pursuant to a permit issued by the Commission or is necessary for the following:1\n\nErection of dams, the construction of which has been authorized by proper authority;2\n\nUses of subaqueous beds authorized elsewhere in this title;3\n\nConstruction and maintenance of congressionally approved navigation and flood-control projects undertaken by the United States Army Corps of Engineers, the United States Coast Guard, or other federal agency authorized by Congress to regulate navigation, navigable waters, or flood control;4\n\nConstruction of piers, docks, marine terminals, and port facilities owned or leased by or to the Commonwealth or any of its political subdivisions;5\n\nExcept as provided in subsection D of § 28.2-1205, placement, after submission of an application to the Commission for review and processing, of private piers for noncommercial purposes by owners of the riparian lands in the waters opposite those lands, provided that (i) the piers do not extend beyond the navigation line or private pier lines established by the Commission or the United States Army Corps of Engineers, (ii) the piers do not exceed six feet in width and finger piers do not exceed five feet in width, (iii) any L or T head platforms and appurtenant floating docking platforms do not exceed, in the aggregate, 400 square feet, (iv) if prohibited by local ordinance open-sided shelter roofs or gazebo-type structures shall not be placed on platforms as described in clause (iii), but may be placed on such platforms if not prohibited by local ordinance, and (v) the piers are determined not to be a navigational hazard by the Commission. Subject to any applicable local ordinances, such piers may include an attached boat lift and an open-sided roof designed to shelter a single boat slip or boat lift. In cases in which open-sided roofs designed to shelter a single boat, boat slip or boat lift will exceed 700 square feet in coverage or the open-sided shelter roofs or gazebo structures exceed 400 square feet, and in cases in which an adjoining property owner objects to a proposed roof structure, permits shall be required as provided in § 28.2-1204;6\n\nMaintenance or replacement of a previously authorized pier, provided that it is reconstructed within the footprint of the existing pier;7\n\nAgricultural, horticultural or silvicultural irrigation on riparian lands or the watering of animals on riparian lands, provided that (i) no permanent structure is placed on or over the subaqueous bed, (ii) the person withdrawing water complies with requirements administered by the Department of Environmental Quality under Title 62.1, and (iii) the activity is conducted without adverse impacts to instream beneficial uses as defined in § 62.1-10;8\n\nRecreational gold mining, provided that (i) a man-portable suction dredge no larger than four inches in diameter is used, (ii) rights of riparian property owners are not affected, (iii) the activity is conducted without adverse impacts to instream beneficial uses as defined in § 62.1-10, (iv) the activity is conducted without adverse impacts to underwater historic properties and related objects as defined in § 10.1-2214, and (v) the activity is not defined as mining in § 45.2-1200; or9\n\nAny activity conducted in nontidal waters, provided that the person performing such activity obtains a Virginia Water Protection Permit and complies with all requirements of the Virginia Water Resources and Wetlands Protection Program pursuant to Article 2.2 (§ 62.1-44.15:20 et seq.) of Chapter 3.1 of Title 62.1. In determining whether to issue a Virginia Water Protection Permit, the Department of Environmental Quality shall be guided by the factors set forth in subsection A of § 28.2-1205.B\n\nA violation of this section is a Class 1 misdemeanor.","order_by":null,"text":{"0":{"id":282969,"text":"It shall be unlawful for any person to build, dump, trespass or encroach upon or over, or take or use any materials from the beds of the bays, ocean, rivers, streams, or creeks which are the property of the Commonwealth, unless such act is performed pursuant to a permit issued by the Commission or is necessary for the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":282970,"text":"Erection of dams, the construction of which has been authorized by proper authority;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":282971,"text":"Uses of subaqueous beds authorized elsewhere in this title;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":282972,"text":"Construction and maintenance of congressionally approved navigation and flood-control projects undertaken by the United States Army Corps of Engineers, the United States Coast Guard, or other federal agency authorized by Congress to regulate navigation, navigable waters, or flood control;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":282973,"text":"Construction of piers, docks, marine terminals, and port facilities owned or leased by or to the Commonwealth or any of its political subdivisions;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":282974,"text":"Except as provided in subsection D of § 28.2-1205, placement, after submission of an application to the Commission for review and processing, of private piers for noncommercial purposes by owners of the riparian lands in the waters opposite those lands, provided that (i) the piers do not extend beyond the navigation line or private pier lines established by the Commission or the United States Army Corps of Engineers, (ii) the piers do not exceed six feet in width and finger piers do not exceed five feet in width, (iii) any L or T head platforms and appurtenant floating docking platforms do not exceed, in the aggregate, 400 square feet, (iv) if prohibited by local ordinance open-sided shelter roofs or gazebo-type structures shall not be placed on platforms as described in clause (iii), but may be placed on such platforms if not prohibited by local ordinance, and (v) the piers are determined not to be a navigational hazard by the Commission. Subject to any applicable local ordinances, such piers may include an attached boat lift and an open-sided roof designed to shelter a single boat slip or boat lift. In cases in which open-sided roofs designed to shelter a single boat, boat slip or boat lift will exceed 700 square feet in coverage or the open-sided shelter roofs or gazebo structures exceed 400 square feet, and in cases in which an adjoining property owner objects to a proposed roof structure, permits shall be required as provided in § 28.2-1204;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":282975,"text":"Maintenance or replacement of a previously authorized pier, provided that it is reconstructed within the footprint of the existing pier;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":282976,"text":"Agricultural, horticultural or silvicultural irrigation on riparian lands or the watering of animals on riparian lands, provided that (i) no permanent structure is placed on or over the subaqueous bed, (ii) the person withdrawing water complies with requirements administered by the Department of Environmental Quality under Title 62.1, and (iii) the activity is conducted without adverse impacts to instream beneficial uses as defined in § 62.1-10;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":282977,"text":"Recreational gold mining, provided that (i) a man-portable suction dredge no larger than four inches in diameter is used, (ii) rights of riparian property owners are not affected, (iii) the activity is conducted without adverse impacts to instream beneficial uses as defined in § 62.1-10, (iv) the activity is conducted without adverse impacts to underwater historic properties and related objects as defined in § 10.1-2214, and (v) the activity is not defined as mining in § 45.2-1200; or","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":282978,"text":"Any activity conducted in nontidal waters, provided that the person performing such activity obtains a Virginia Water Protection Permit and complies with all requirements of the Virginia Water Resources and Wetlands Protection Program pursuant to Article 2.2 (§ 62.1-44.15:20 et seq.) of Chapter 3.1 of Title 62.1. In determining whether to issue a Virginia Water Protection Permit, the Department of Environmental Quality shall be guided by the factors set forth in subsection A of § 28.2-1205.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"B"},"10":{"id":282979,"text":"A violation of this section is a Class 1 misdemeanor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A9"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1203\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 23 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 1960, chapter 600; in 1962, chapter 637; in 1966, chapter 641; in 1968, chapter 659; in 1970, chapter 621; in 1972, chapter 866; in 1973, chapters 23 and 361; in 1974, chapters 92 and 385; in 1975, chapter 431; in 1976, chapter 579; in 1980, chapter 253; in 1982, chapter 102; in 1988, chapter 868; in 1992, chapter 836; in 1998, chapter 605<\/a>; in 2000, chapter 167<\/a>; in 2001, chapter 234<\/a>; in 2003, chapter 973<\/a>; in 2006, chapter 507<\/a>; in 2007, chapter 25<\/a>; in 2020, chapter 806<\/a>; in 2022, chapter 159<\/a>; in 2023, chapters 258<\/a> and 259<\/a>.<\/p>","references":[{"id":74703,"section_number":"10.1-2214","catch_line":"Underwater historic property; penalty","order_by":null,"url":"\/10.1-2214\/"},{"id":78037,"section_number":"28.2-1204","catch_line":"Authority of Commission over submerged lands","order_by":null,"url":"\/28.2-1204\/"},{"id":58867,"section_number":"28.2-1206","catch_line":"Fees; exemptions","order_by":null,"url":"\/28.2-1206\/"},{"id":77441,"section_number":"28.2-1211","catch_line":"Injunction against violation of \u00a7 28.2-1203","order_by":null,"url":"\/28.2-1211\/"}],"refers_to":[{"id":74703,"section_number":"10.1-2214","catch_line":"Underwater historic property; penalty","order_by":null,"url":"\/10.1-2214\/"},{"id":78037,"section_number":"28.2-1204","catch_line":"Authority of Commission over submerged lands","order_by":null,"url":"\/28.2-1204\/"},{"id":77192,"section_number":"28.2-1205","catch_line":"Permits for the use of state-owned bottomlands","order_by":null,"url":"\/28.2-1205\/"},{"id":57834,"section_number":"45.2-1200","catch_line":"Definitions","order_by":null,"url":"\/45.2-1200\/"},{"id":81011,"section_number":"62.1-10","catch_line":"Definitions","order_by":null,"url":"\/62.1-10\/"},{"id":82929,"section_number":"62.1-44.15:20","catch_line":"Virginia Water Protection Permit","order_by":null,"url":"\/62.1-44.15_20\/"}],"permalink":{"id":191937,"object_type":"law","relational_id":79002,"identifier":"28.2-1203","token":"28.2\/III\/12\/1\/28.2-1203","url":"\/28.2-1203\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1203\/","token":"28.2\/III\/12\/1\/28.2-1203","dublin_core":{"Title":"Unlawful use of subaqueous beds; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1203","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be unlawful for any person to build, dump, trespass or encroach upon or over, or take or use any materials<\/span> from the beds of the bays, ocean, rivers, streams, or creeks which are the property of the Commonwealth, unless such act is performed pursuant to a permit issued by the Commission<\/span> or is necessary for the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Erection of dams, the construction of which has been authorized by proper authority; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Uses of subaqueous beds authorized elsewhere in this title; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Construction and maintenance of congressionally approved navigation and flood-control projects undertaken by the United States Army Corps of Engineers, the United States Coast Guard, or other federal agency authorized by Congress to regulate navigation, navigable waters, or flood control; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Construction of piers, docks, marine terminals, and port facilities owned or leased by or to the Commonwealth or any of its political subdivisions; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Except as provided in subsection D of § 28.2-1205<\/a>, placement, after submission of an application to the Commission<\/span> for review and processing, of private piers for noncommercial purposes by owners of the riparian lands in the waters opposite those lands, provided that (i) the piers do not extend beyond the navigation line or private pier lines established by the Commission<\/span> or the United States Army Corps of Engineers, (ii) the piers do not exceed six feet in width and finger piers do not exceed five feet in width, (iii) any L or T head platforms and appurtenant floating docking platforms do not exceed, in the aggregate, 400 square feet, (iv) if prohibited by local ordinance<\/span> open-sided shelter roofs or gazebo-type structures shall not be placed on platforms as described in clause (iii), but may be placed on such platforms if not prohibited by local ordinance<\/span>, and (v) the piers are determined not to be a navigational hazard by the Commission<\/span>. Subject to any applicable local ordinances<\/span>, such piers may include an attached boat lift and an open-sided roof designed to shelter a single boat slip or boat lift. In cases in which open-sided roofs designed to shelter a single boat, boat slip or boat lift will exceed 700 square feet in coverage or the open-sided shelter roofs or gazebo structures exceed 400 square feet, and in cases in which an adjoining property owner objects<\/span> to a proposed roof structure, permits shall be required as provided in § 28.2-1204<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Maintenance or replacement of a previously authorized pier, provided that it is reconstructed within the footprint of the existing pier; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Agricultural, horticultural or silvicultural irrigation on riparian lands or the watering of animals on riparian lands, provided that (i) no permanent structure is placed on or over the subaqueous bed, (ii) the person withdrawing water complies with requirements administered by the Department of Environmental Quality under Title 62.1, and (iii) the activity is conducted without adverse impacts to instream beneficial uses as defined in § 62.1-10<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Recreational gold mining, provided that (i) a man-portable suction dredge no larger than four inches in diameter is used, (ii) rights of riparian property owners are not affected, (iii) the activity is conducted without adverse impacts to instream beneficial uses as defined in § 62.1-10<\/a>, (iv) the activity is conducted without adverse impacts to underwater historic properties and related objects<\/span> as defined in § 10.1-2214<\/a>, and (v) the activity is not defined as mining in § 45.2-1200<\/a>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Any activity conducted in nontidal waters, provided that the person performing such activity obtains a Virginia Water Protection Permit and complies with all requirements of the Virginia Water Resources and Wetlands Protection Program pursuant to Article 2.2 (§ 62.1-44.15:20<\/a> et seq.) of Chapter 3.1 of Title 62.1. In determining whether to issue<\/span> a Virginia Water Protection Permit, the Department of Environmental Quality shall be guided by the factors set forth in subsection A of § 28.2-1205<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A violation of this section is a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUNLAWFUL USE OF SUBAQUEOUS BEDS; PENALTY (\u00a7 28.2-1203)\n\nA. It shall be unlawful for any person to build, dump, trespass or encroach upon\nor over, or take or use any materials from the beds of the bays, ocean, rivers,\nstreams, or creeks which are the property of the Commonwealth, unless such act\nis performed pursuant to a permit issued by the Commission or is necessary for\nthe following:\n\n 1. Erection of dams, the construction of which has been authorized by proper\n authority;\n\n 2. Uses of subaqueous beds authorized elsewhere in this title;\n\n 3. Construction and maintenance of congressionally approved navigation and\n flood-control projects undertaken by the United States Army Corps of\n Engineers, the United States Coast Guard, or other federal agency authorized\n by Congress to regulate navigation, navigable waters, or flood control;\n\n 4. Construction of piers, docks, marine terminals, and port facilities owned\n or leased by or to the Commonwealth or any of its political subdivisions;\n\n 5. Except as provided in subsection D of § 28.2-1205, placement, after\n submission of an application to the Commission for review and processing, of\n private piers for noncommercial purposes by owners of the riparian lands in\n the waters opposite those lands, provided that (i) the piers do not extend\n beyond the navigation line or private pier lines established by the Commission\n or the United States Army Corps of Engineers, (ii) the piers do not exceed six\n feet in width and finger piers do not exceed five feet in width, (iii) any L\n or T head platforms and appurtenant floating docking platforms do not exceed,\n in the aggregate, 400 square feet, (iv) if prohibited by local ordinance\n open-sided shelter roofs or gazebo-type structures shall not be placed on\n platforms as described in clause (iii), but may be placed on such platforms if\n not prohibited by local ordinance, and (v) the piers are determined not to be\n a navigational hazard by the Commission. Subject to any applicable local\n ordinances, such piers may include an attached boat lift and an open-sided\n roof designed to shelter a single boat slip or boat lift. In cases in which\n open-sided roofs designed to shelter a single boat, boat slip or boat lift\n will exceed 700 square feet in coverage or the open-sided shelter roofs or\n gazebo structures exceed 400 square feet, and in cases in which an adjoining\n property owner objects to a proposed roof structure, permits shall be required\n as provided in § 28.2-1204;\n\n 6. Maintenance or replacement of a previously authorized pier, provided that\n it is reconstructed within the footprint of the existing pier;\n\n 7. Agricultural, horticultural or silvicultural irrigation on riparian lands\n or the watering of animals on riparian lands, provided that (i) no permanent\n structure is placed on or over the subaqueous bed, (ii) the person withdrawing\n water complies with requirements administered by the Department of\n Environmental Quality under Title 62.1, and (iii) the activity is conducted\n without adverse impacts to instream beneficial uses as defined in §\n 62.1-10;\n\n 8. Recreational gold mining, provided that (i) a man-portable suction dredge\n no larger than four inches in diameter is used, (ii) rights of riparian\n property owners are not affected, (iii) the activity is conducted without\n adverse impacts to instream beneficial uses as defined in § 62.1-10, (iv)\n the activity is conducted without adverse impacts to underwater historic\n properties and related objects as defined in § 10.1-2214, and (v) the\n activity is not defined as mining in § 45.2-1200; or\n\n 9. Any activity conducted in nontidal waters, provided that the person\n performing such activity obtains a Virginia Water Protection Permit and\n complies with all requirements of the Virginia Water Resources and Wetlands\n Protection Program pursuant to Article 2.2 (§ 62.1-44.15:20 et seq.) of\n Chapter 3.1 of Title 62.1. In determining whether to issue a Virginia Water\n Protection Permit, the Department of Environmental Quality shall be guided by\n the factors set forth in subsection A of § 28.2-1205.\n\nB. A violation of this section is a Class 1 misdemeanor.\n\nHISTORY: Code 1950, \u00a7 62-2.1; 1960, c. 600; 1962, c. 637; 1966, c. 641; 1968,\nc. 659, \u00a7 62.1-3; 1970, c. 621; 1972, c. 866; 1973, cc. 23, 361; 1974, cc. 92,\n385; 1975, c. 431; 1976, c. 579; 1980, c. 253; 1982, c. 102; 1988, c. 868; 1992,\nc. 836; 1998, c. 605; 2000, c. 167; 2001, c. 234; 2003, c. 973; 2006, c. 507;\n2007, c. 25; 2020, c. 806; 2022, c. 159; 2023, cc. 258, 259.","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}}