{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1205.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1205.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1205.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1205.html"}],"law_id":77192,"edition_id":1,"section_id":77192,"structure_id":13215,"section_number":"28.2-1205","catch_line":"Permits for the use of state-owned bottomlands","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; 1996, c. 228; 1999, c. 741; 2000, c. 167; 2001, c. 72; 2004, cc. 405, 899, 1018; 2005, c. 839.","full_text":"A\n\nWhen determining whether to grant or deny any permit for the use of state-owned bottomlands, the Commission shall be guided in its deliberations by the provisions of Article XI, Section I of the Constitution of Virginia. In addition to other factors, the Commission shall also consider the public and private benefits of the proposed project and shall exercise its authority under this section consistent with the public trust doctrine as defined by the common law of the Commonwealth adopted pursuant to \u00a7 1-200 in order to protect and safeguard the public right to the use and enjoyment of the subaqueous lands of the Commonwealth held in trust by it for the benefit of the people as conferred by the public trust doctrine and the Constitution of Virginia. The Commission shall also consider the project’s effect on the following:1\n\nOther reasonable and permissible uses of state waters and state-owned bottomlands;2\n\nMarine and fisheries resources of the Commonwealth;3\n\nTidal wetlands, except when this has or will be determined under the provisions of Chapter 13 of this title;4\n\nAdjacent or nearby properties;5\n\nWater quality; and6\n\nSubmerged aquatic vegetation (SAV).B\n\nThe Commission shall consult with other state agencies, including the Virginia Institute of Marine Science, the State Water Control Board, the Virginia Department of Transportation, and the State Corporation Commission, whenever the Commission’s decision on a permit application relates to or affects the particular concerns or activities of those agencies.C\n\nNo permit for a marina or boatyard for commercial use shall be granted until the owner or other applicant presents to the Commission a plan for sewage treatment or disposal facilities that has been approved by the State Department of Health.D\n\nA permit is required and shall be issued by the Commission for placement of any private pier measuring 100 or more feet in length from the mean low-water mark, which is used for noncommercial purposes by an owner of the riparian land in the waters opposite the land, and that traverses commercially productive leased oyster or clam grounds, as defined in § 28.2-630, provided that the pier does not extend beyond the navigation line established by the Commission or the United States Army Corps of Engineers. The permit may reasonably prescribe the design and location of the pier for the sole purpose of minimizing the adverse impact on such oyster or clam grounds or the harvesting or propagation of oysters or clams therefrom. The permit shall contain no other conditions or requirements. Unless information or circumstances materially alter the conditions under which the permit would be issued, the Commission shall act within 90 days of receipt of a complete joint permit application to approve or deny the application. If the Commission fails to act within that time, the application shall be deemed approved and the applicant shall be notified of the deemed approval.E\n\nAll permits issued by the Commission for the use of state-owned bottomlands pursuant to § 28.2-1204, or to recover underwater historic property shall be in writing and specify the conditions and terms that the Commission determines are appropriate, and royalties unless prohibited under other provisions of this chapter.F\n\nAny person aggrieved by a decision of the Commission under this section is entitled to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). However, any decision made by the Commission hereunder consistent with the public trust doctrine as defined by the common law of the Commonwealth adopted pursuant to § 1-200 shall not be deemed to have been made pursuant to the police power. No person shall reapply for the same or substantially similar use of the bottomlands within 12 months of the denial of a permit by the Commission. Nothing in this subsection shall be construed to deprive a riparian landowner of such rights as he may have under common law.","order_by":null,"text":{"0":{"id":276909,"text":"When determining whether to grant or deny any permit for the use of state-owned bottomlands, the Commission shall be guided in its deliberations by the provisions of Article XI, Section I of the Constitution of Virginia. In addition to other factors, the Commission shall also consider the public and private benefits of the proposed project and shall exercise its authority under this section consistent with the public trust doctrine as defined by the common law of the Commonwealth adopted pursuant to \u00a7 1-200 in order to protect and safeguard the public right to the use and enjoyment of the subaqueous lands of the Commonwealth held in trust by it for the benefit of the people as conferred by the public trust doctrine and the Constitution of Virginia. The Commission shall also consider the project’s effect on the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":276910,"text":"Other reasonable and permissible uses of state waters and state-owned bottomlands;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":276911,"text":"Marine and fisheries resources of the Commonwealth;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":276912,"text":"Tidal wetlands, except when this has or will be determined under the provisions of Chapter 13 of this title;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":276913,"text":"Adjacent or nearby properties;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":276914,"text":"Water quality; and","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":276915,"text":"Submerged aquatic vegetation (SAV).","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":276916,"text":"The Commission shall consult with other state agencies, including the Virginia Institute of Marine Science, the State Water Control Board, the Virginia Department of Transportation, and the State Corporation Commission, whenever the Commission’s decision on a permit application relates to or affects the particular concerns or activities of those agencies.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":276917,"text":"No permit for a marina or boatyard for commercial use shall be granted until the owner or other applicant presents to the Commission a plan for sewage treatment or disposal facilities that has been approved by the State Department of Health.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"9":{"id":276918,"text":"A permit is required and shall be issued by the Commission for placement of any private pier measuring 100 or more feet in length from the mean low-water mark, which is used for noncommercial purposes by an owner of the riparian land in the waters opposite the land, and that traverses commercially productive leased oyster or clam grounds, as defined in § 28.2-630, provided that the pier does not extend beyond the navigation line established by the Commission or the United States Army Corps of Engineers. The permit may reasonably prescribe the design and location of the pier for the sole purpose of minimizing the adverse impact on such oyster or clam grounds or the harvesting or propagation of oysters or clams therefrom. The permit shall contain no other conditions or requirements. Unless information or circumstances materially alter the conditions under which the permit would be issued, the Commission shall act within 90 days of receipt of a complete joint permit application to approve or deny the application. If the Commission fails to act within that time, the application shall be deemed approved and the applicant shall be notified of the deemed approval.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"10":{"id":276919,"text":"All permits issued by the Commission for the use of state-owned bottomlands pursuant to § 28.2-1204, or to recover underwater historic property shall be in writing and specify the conditions and terms that the Commission determines are appropriate, and royalties unless prohibited under other provisions of this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"11":{"id":276920,"text":"Any person aggrieved by a decision of the Commission under this section is entitled to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.). However, any decision made by the Commission hereunder consistent with the public trust doctrine as defined by the common law of the Commonwealth adopted pursuant to § 1-200 shall not be deemed to have been made pursuant to the police power. No person shall reapply for the same or substantially similar use of the bottomlands within 12 months of the denial of a permit by the Commission. Nothing in this subsection shall be construed to deprive a riparian landowner of such rights as he may have under common law.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1205\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 20 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 1996, chapter 228<\/a>; in 1999, chapter 741<\/a>; in 2000, chapter 167<\/a>; in 2001, chapter 72<\/a>; in 2004, chapters 405<\/a>, 899<\/a>, and 1018<\/a>; in 2005, chapter 839<\/a>.<\/p>","references":[{"id":79002,"section_number":"28.2-1203","catch_line":"Unlawful use of subaqueous beds; penalty","order_by":null,"url":"\/28.2-1203\/"},{"id":67123,"section_number":"28.2-1207","catch_line":"Authority to approve permits for encroachment on subaqueous beds; notice","order_by":null,"url":"\/28.2-1207\/"},{"id":56624,"section_number":"28.2-603.1","catch_line":"Temporary enclosures on leased ground","order_by":null,"url":"\/28.2-603.1\/"},{"id":83801,"section_number":"28.2-607","catch_line":"Survey and marking of ground","order_by":null,"url":"\/28.2-607\/"},{"id":80805,"section_number":"28.2-613","catch_line":"Duration of lease","order_by":null,"url":"\/28.2-613\/"},{"id":54866,"section_number":"62.1-44.15:5.01","catch_line":"Coordinated review of water resources projects","order_by":null,"url":"\/62.1-44.15_5.01\/"}],"refers_to":[{"id":66108,"section_number":"1-200","catch_line":"The common law","order_by":null,"url":"\/1-200\/"},{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"id":78037,"section_number":"28.2-1204","catch_line":"Authority of Commission over submerged lands","order_by":null,"url":"\/28.2-1204\/"},{"id":58202,"section_number":"28.2-630","catch_line":"Rights of riparian owners to build bulkhead or wharf","order_by":null,"url":"\/28.2-630\/"}],"permalink":{"id":191953,"object_type":"law","relational_id":77192,"identifier":"28.2-1205","token":"28.2\/III\/12\/1\/28.2-1205","url":"\/28.2-1205\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1205\/","token":"28.2\/III\/12\/1\/28.2-1205","dublin_core":{"Title":"Permits for the use of state-owned bottomlands","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1205","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When determining whether to grant or deny any permit for the use of state-owned bottomlands, the Commission<\/span> shall be guided in its deliberations<\/span> by the provisions of Article XI, Section I of the Constitution of Virginia. In addition to other factors, the Commission<\/span> shall also consider the public and private benefits of the proposed project and shall exercise its authority under this section consistent with the public trust doctrine as defined by the common law<\/span> of the Commonwealth adopted pursuant to \u00a7 1-200<\/a> in order<\/span> to protect and safeguard the public right to the use and enjoyment of the subaqueous lands of the Commonwealth held in trust by it for the benefit of the people as conferred by the public trust doctrine and the Constitution of Virginia. The Commission<\/span> shall also consider the project’s effect on the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Other reasonable and permissible uses of state waters and state-owned bottomlands; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Marine and fisheries<\/span> resources of the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Tidal wetlands, except when this has or will be determined under the provisions of Chapter 13 of this title; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Adjacent or nearby properties; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Water quality; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Submerged aquatic vegetation (SAV). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> shall consult with other state agencies, including the Virginia Institute of Marine Science, the State Water Control Board, the Virginia Department of Transportation, and the State Corporation Commission<\/span>, whenever the Commission<\/span>’s decision on a permit application relates to or affects the particular concerns or activities of those agencies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No permit for a marina or boatyard for commercial use shall be granted until the owner or other applicant presents to the Commission<\/span> a plan for sewage treatment or disposal facilities that has been approved by the State Department of Health. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A permit is required and shall be issued by the Commission<\/span> for placement of any private pier measuring 100 or more feet in length from the mean low-water mark, which is used for noncommercial purposes by an owner of the riparian land in the waters opposite the land, and that traverses commercially productive leased oyster or clam grounds, as defined in § 28.2-630<\/a>, provided that the pier does not extend beyond the navigation line established by the Commission<\/span> or the United States Army Corps of Engineers. The permit may reasonably prescribe the design and location of the pier for the sole purpose of minimizing the adverse impact on such oyster or clam grounds or the harvesting or propagation of oysters or clams therefrom. The permit shall contain no other conditions or requirements. Unless information or circumstances materially alter the conditions under which the permit would be issued, the Commission<\/span> shall act within 90 days of receipt of a complete joint permit application to approve or deny the application. If the Commission<\/span> fails to act within that time, the application shall be deemed approved and the applicant shall be notified of the deemed approval. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> All permits issued by the Commission<\/span> for the use of state-owned bottomlands pursuant to § 28.2-1204<\/a>, or to recover underwater historic property shall be in writing and specify the conditions and terms that the Commission<\/span> determines are appropriate, and royalties unless prohibited under other provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any person aggrieved by a decision of the Commission<\/span> under this section is entitled to judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.). However, any decision made by the Commission<\/span> hereunder consistent with the public trust doctrine as defined by the common law<\/span> of the Commonwealth adopted pursuant to § 1-200<\/a> shall not be deemed to have been made pursuant to the police power. No person shall reapply for the same or substantially similar use of the bottomlands within 12 months of the denial of a permit by the Commission<\/span>. Nothing in this subsection shall be construed to deprive a riparian landowner of such rights as he may have under common law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERMITS FOR THE USE OF STATE-OWNED BOTTOMLANDS (\u00a7 28.2-1205)\n\nA. When determining whether to grant or deny any permit for the use of\nstate-owned bottomlands, the Commission shall be guided in its deliberations by\nthe provisions of Article XI, Section I of the Constitution of Virginia. In\naddition to other factors, the Commission shall also consider the public and\nprivate benefits of the proposed project and shall exercise its authority under\nthis section consistent with the public trust doctrine as defined by the common\nlaw of the Commonwealth adopted pursuant to \u00a7 1-200 in order to protect and\nsafeguard the public right to the use and enjoyment of the subaqueous lands of\nthe Commonwealth held in trust by it for the benefit of the people as conferred\nby the public trust doctrine and the Constitution of Virginia. The Commission\nshall also consider the project’s effect on the following:\n\n 1. Other reasonable and permissible uses of state waters and state-owned\n bottomlands;\n\n 2. Marine and fisheries resources of the Commonwealth;\n\n 3. Tidal wetlands, except when this has or will be determined under the\n provisions of Chapter 13 of this title;\n\n 4. Adjacent or nearby properties;\n\n 5. Water quality; and\n\n 6. Submerged aquatic vegetation (SAV).\n\nB. The Commission shall consult with other state agencies, including the\nVirginia Institute of Marine Science, the State Water Control Board, the\nVirginia Department of Transportation, and the State Corporation Commission,\nwhenever the Commission’s decision on a permit application relates to or\naffects the particular concerns or activities of those agencies.\n\nC. No permit for a marina or boatyard for commercial use shall be granted until\nthe owner or other applicant presents to the Commission a plan for sewage\ntreatment or disposal facilities that has been approved by the State Department\nof Health.\n\nD. A permit is required and shall be issued by the Commission for placement of\nany private pier measuring 100 or more feet in length from the mean low-water\nmark, which is used for noncommercial purposes by an owner of the riparian land\nin the waters opposite the land, and that traverses commercially productive\nleased oyster or clam grounds, as defined in § 28.2-630, provided that the\npier does not extend beyond the navigation line established by the Commission or\nthe United States Army Corps of Engineers. The permit may reasonably prescribe\nthe design and location of the pier for the sole purpose of minimizing the\nadverse impact on such oyster or clam grounds or the harvesting or propagation\nof oysters or clams therefrom. The permit shall contain no other conditions or\nrequirements. Unless information or circumstances materially alter the\nconditions under which the permit would be issued, the Commission shall act\nwithin 90 days of receipt of a complete joint permit application to approve or\ndeny the application. If the Commission fails to act within that time, the\napplication shall be deemed approved and the applicant shall be notified of the\ndeemed approval.\n\nE. All permits issued by the Commission for the use of state-owned bottomlands\npursuant to § 28.2-1204, or to recover underwater historic property shall\nbe in writing and specify the conditions and terms that the Commission\ndetermines are appropriate, and royalties unless prohibited under other\nprovisions of this chapter.\n\nF. Any person aggrieved by a decision of the Commission under this section is\nentitled to judicial review in accordance with the provisions of the\nAdministrative Process Act (§ 2.2-4000 et seq.). However, any decision made\nby the Commission hereunder consistent with the public trust doctrine as defined\nby the common law of the Commonwealth adopted pursuant to § 1-200 shall not\nbe deemed to have been made pursuant to the police power. No person shall\nreapply for the same or substantially similar use of the bottomlands within 12\nmonths of the denial of a permit by the Commission. Nothing in this subsection\nshall be construed to deprive a riparian landowner of such rights as he may have\nunder common law.\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; 1996, c. 228; 1999, c. 741; 2000, c. 167; 2001, c. 72; 2004, cc. 405,\n899, 1018; 2005, c. 839.","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}}