{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1205.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1205.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1205.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1205.2.html"}],"law_id":69126,"edition_id":1,"section_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","history":"2013, cc. 45, 196.","full_text":"A\n\nApplications for sand replenishment projects on public beaches abutting the waters of the Chesapeake Bay that involve the dredging of sand from the Chesapeake Bay and require a permit from the Marine Resources Commission or the Department of Environmental Quality, or both, shall be reviewed and a decision on the issuance of the permit shall be made within 90 days thereafter, or as soon as practicable. These agencies shall establish a working group consisting of representative stakeholders in an effort to develop an effective and efficient process for review and approval of sand replenishment projects.B\n\nIn developing such an expedited review process, the agencies and working group shall consider a requirement that the application include the submission of a dredging plan by the locality for the areas within the Chesapeake Bay from which the dredged material will be taken and the location of the beach replenishment project. Such a dredging plan, if approved, shall not require a new review procedure if any subsequent removal of bottomland involves material obtained from the area documented in the dredging plan. Any new site proposed for the dredging of sand from the Chesapeake Bay shall require a new or amended dredging plan. A permit issued shall be valid for 10 years.C\n\nAny dredging plan required to be submitted with an application shall include the following information:1\n\nGeotechnical analysis of the proposed area to be dredged;2\n\nAnalysis of the benthic, marine, and fishery resources, including a specific analysis of the impact on the crab population;3\n\nCurrent recreational and commercial fishing activity in the proposed dredge area;4\n\nImpact on any historical artifacts in the proposed dredge area;5\n\nImpact on other uses of the state waters and bottomlands at the dredge site;6\n\nLocation of the beach areas to be replenished; and7\n\nEnvironmental impact of the dredge material being placed on the beach area.D\n\nThe Commissioner, in consultation with the Department of Environmental Quality, the State Health Department, the Department of Historic Resources, the Virginia Institute of Marine Science, and any other appropriate or interested state agency, shall coordinate a joint review process to ensure the orderly evaluation of sand replenishment projects requiring a permit for dredging sand from the Chesapeake Bay. All project reviews shall be completed by state agencies within 45 days of receiving the project review request from the Commission or the Department of Environmental Quality.","order_by":null,"text":{"0":{"id":250136,"text":"Applications for sand replenishment projects on public beaches abutting the waters of the Chesapeake Bay that involve the dredging of sand from the Chesapeake Bay and require a permit from the Marine Resources Commission or the Department of Environmental Quality, or both, shall be reviewed and a decision on the issuance of the permit shall be made within 90 days thereafter, or as soon as practicable. These agencies shall establish a working group consisting of representative stakeholders in an effort to develop an effective and efficient process for review and approval of sand replenishment projects.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250137,"text":"In developing such an expedited review process, the agencies and working group shall consider a requirement that the application include the submission of a dredging plan by the locality for the areas within the Chesapeake Bay from which the dredged material will be taken and the location of the beach replenishment project. Such a dredging plan, if approved, shall not require a new review procedure if any subsequent removal of bottomland involves material obtained from the area documented in the dredging plan. Any new site proposed for the dredging of sand from the Chesapeake Bay shall require a new or amended dredging plan. A permit issued shall be valid for 10 years.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250138,"text":"Any dredging plan required to be submitted with an application shall include the following information:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":250139,"text":"Geotechnical analysis of the proposed area to be dredged;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":250140,"text":"Analysis of the benthic, marine, and fishery resources, including a specific analysis of the impact on the crab population;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":250141,"text":"Current recreational and commercial fishing activity in the proposed dredge area;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":250142,"text":"Impact on any historical artifacts in the proposed dredge area;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":250143,"text":"Impact on other uses of the state waters and bottomlands at the dredge site;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":250144,"text":"Location of the beach areas to be replenished; and","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"9":{"id":250145,"text":"Environmental impact of the dredge material being placed on the beach area.","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"D"},"10":{"id":250146,"text":"The Commissioner, in consultation with the Department of Environmental Quality, the State Health Department, the Department of Historic Resources, the Virginia Institute of Marine Science, and any other appropriate or interested state agency, shall coordinate a joint review process to ensure the orderly evaluation of sand replenishment projects requiring a permit for dredging sand from the Chesapeake Bay. All project reviews shall be completed by state agencies within 45 days of receiving the project review request from the Commission or the Department of Environmental Quality.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C7"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1205.2\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapters 45<\/a> and 196<\/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":false,"permalink":{"id":191961,"object_type":"law","relational_id":69126,"identifier":"28.2-1205.2","token":"28.2\/III\/12\/1\/28.2-1205.2","url":"\/28.2-1205.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1205.2\/","token":"28.2\/III\/12\/1\/28.2-1205.2","dublin_core":{"Title":"Coordinated review of public beach replenishment projects using Chesapeake Bay sand; expedited process","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1205.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Applications for sand replenishment projects on public beaches abutting the waters of the Chesapeake Bay that involve the dredging of sand from the Chesapeake Bay and require a permit from the Marine Resources Commission<\/span> or the Department of Environmental Quality, or both, shall be reviewed and a decision on the issuance of the permit shall be made within 90 days thereafter, or as soon as practicable. These agencies shall establish a working group consisting of representative stakeholders in an effort to develop an effective and efficient process for review and approval of sand replenishment projects. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In developing such an expedited review process, the agencies and working group shall consider a requirement that the application include the submission of a dredging plan by the locality for the areas within the Chesapeake Bay from which the dredged material<\/span> will be taken and the location of the beach replenishment project. Such a dredging plan, if approved, shall not require a new review procedure if any subsequent removal of bottomland involves material<\/span> obtained from the area documented in the dredging plan. Any new site proposed for the dredging of sand from the Chesapeake Bay shall require a new or amended dredging plan. A permit issued shall be valid for 10 years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any dredging plan required to be submitted with an application shall include the following information: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Geotechnical analysis of the proposed area to be dredged; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Analysis of the benthic, marine, and fishery resources, including a specific analysis of the impact on the crab population; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Current recreational and commercial fishing<\/span> activity in the proposed dredge area; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Impact on any historical artifacts in the proposed dredge area; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Impact on other uses of the state waters and bottomlands at the dredge site; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Location of the beach areas to be replenished; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Environmental impact of the dredge material<\/span> being placed on the beach area. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commissioner<\/span>, in consultation with the Department of Environmental Quality, the State Health Department, the Department of Historic Resources, the Virginia Institute of Marine Science, and any other appropriate or interested state agency, shall coordinate a joint review process to ensure the orderly evaluation of sand replenishment projects requiring a permit for dredging sand from the Chesapeake Bay. All project reviews shall be completed by state agencies within 45 days of receiving the project review request from the Commission<\/span> or the Department of Environmental Quality. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOORDINATED REVIEW OF PUBLIC BEACH REPLENISHMENT PROJECTS USING CHESAPEAKE BAY\nSAND; EXPEDITED PROCESS (\u00a7 28.2-1205.2)\n\nA. Applications for sand replenishment projects on public beaches abutting the\nwaters of the Chesapeake Bay that involve the dredging of sand from the\nChesapeake Bay and require a permit from the Marine Resources Commission or the\nDepartment of Environmental Quality, or both, shall be reviewed and a decision\non the issuance of the permit shall be made within 90 days thereafter, or as\nsoon as practicable. These agencies shall establish a working group consisting\nof representative stakeholders in an effort to develop an effective and\nefficient process for review and approval of sand replenishment projects.\n\nB. In developing such an expedited review process, the agencies and working\ngroup shall consider a requirement that the application include the submission\nof a dredging plan by the locality for the areas within the Chesapeake Bay from\nwhich the dredged material will be taken and the location of the beach\nreplenishment project. Such a dredging plan, if approved, shall not require a\nnew review procedure if any subsequent removal of bottomland involves material\nobtained from the area documented in the dredging plan. Any new site proposed\nfor the dredging of sand from the Chesapeake Bay shall require a new or amended\ndredging plan. A permit issued shall be valid for 10 years.\n\nC. Any dredging plan required to be submitted with an application shall include\nthe following information:\n\n 1. Geotechnical analysis of the proposed area to be dredged;\n\n 2. Analysis of the benthic, marine, and fishery resources, including a\n specific analysis of the impact on the crab population;\n\n 3. Current recreational and commercial fishing activity in the proposed dredge\n area;\n\n 4. Impact on any historical artifacts in the proposed dredge area;\n\n 5. Impact on other uses of the state waters and bottomlands at the dredge\n site;\n\n 6. Location of the beach areas to be replenished; and\n\n 7. Environmental impact of the dredge material being placed on the beach area.\n\nD. The Commissioner, in consultation with the Department of Environmental\nQuality, the State Health Department, the Department of Historic Resources, the\nVirginia Institute of Marine Science, and any other appropriate or interested\nstate agency, shall coordinate a joint review process to ensure the orderly\nevaluation of sand replenishment projects requiring a permit for dredging sand\nfrom the Chesapeake Bay. All project reviews shall be completed by state\nagencies within 45 days of receiving the project review request from the\nCommission or the Department of Environmental Quality.\n\nHISTORY: 2013, cc. 45, 196.","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}}