{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1206.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1206.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1206.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1206.html"}],"law_id":58867,"edition_id":1,"section_id":58867,"structure_id":13215,"section_number":"28.2-1206","catch_line":"Fees; exemptions","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; 2000, c. 1056; 2004, cc. 899, 1018; 2020, c. 806.","full_text":"A\n\nA non-refundable processing fee of $100 shall accompany each application (i) submitted for a Commission permit for the use of state-owned submerged lands or (ii) submitted pursuant to &#xA7; 28.2-1203. No such processing fee shall be required for an application to explore or recover underwater historic property or to conduct any activity authorized by a Virginia Marine Resources Commission General Permit.B\n\nThe fee paid to the Commission for issuing each permit to recover underwater historic property shall be $25.\n\t\t\tThe fee paid to the Commission for issuing each permit to use state-owned bottomlands shall be $100; if the cost of the project is to exceed $10,000 but not exceed $500,000, the fee paid shall be $300; and if the cost of the project is to exceed $500,000, the fee paid shall be $600. Riparian owners of (i) commercial facilities engaged in the business of ship construction or repair, (ii) commercial facilities providing services relating to the shipping of domestic or foreign cargo, and (iii) commercial facilities engaged in the business of selling or servicing watercraft shall be exempt from the payment of rents and royalties, except as provided in subsection C.C\n\nWhen the activity or project for which a permit is requested will involve the removal of bottom material, the application shall indicate this fact. If granted, the permit shall specify a royalty of not less than $0.40, nor more than $0.80, per cubic yard of bottom material removed. In fixing the amount of the royalty, the Commission shall consider, among other factors, the following:1\n\nThe primary and secondary purposes for removing the bottom material;2\n\nWhether the material has any commercial value and whether it will be used for any commercial purpose;3\n\nThe use to be made of the removed material and any public benefit or adverse effect upon the public that will result from the removal or disposal of the material;4\n\nThe physical characteristics of the material to be removed; and5\n\nThe expense of removing and disposing of the material.D\n\nWhere it appears that the project or facility for which a permit application is made has been completed or work thereon commenced at the time application is made, the Commission may impose additional assessments not to exceed an amount of three times the normal permit fee and royalties, unless such royalties are prohibited by this chapter.E\n\nBottom material removed attendant to maintenance dredging or directional drilling shall be exempt from any royalty. The Virginia Department of Transportation shall be exempt from all fees, rents and royalties otherwise assessable under this section. All counties, cities, and towns of the Commonwealth shall pay the required permit fee but shall be exempt from all other fees, rents and royalties assessable under this section if the permit is issued prior to the commencement of any work to be accomplished under the permit.F\n\nAll fees, rents and royalties collected pursuant to this chapter on and after July 1, 2000, shall be paid into the state treasury to the credit of the Marine Habitat and Waterways Improvement Fund.G\n\nBeginning July 1, 2020, and not more frequently than every three years thereafter, the Commission may increase or decrease fees for marine habitat applications, permits, leases, rents, and royalties that are authorized by this chapter, but such increase or decrease shall be no greater than the respective increase or decrease, expressed as a percentage, in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, since the date on which the fee was last set or adjusted.","order_by":null,"text":{"0":{"id":215842,"text":"A non-refundable processing fee of $100 shall accompany each application (i) submitted for a Commission permit for the use of state-owned submerged lands or (ii) submitted pursuant to &#xA7; 28.2-1203. No such processing fee shall be required for an application to explore or recover underwater historic property or to conduct any activity authorized by a Virginia Marine Resources Commission General Permit.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":215843,"text":"The fee paid to the Commission for issuing each permit to recover underwater historic property shall be $25.\n\t\t\tThe fee paid to the Commission for issuing each permit to use state-owned bottomlands shall be $100; if the cost of the project is to exceed $10,000 but not exceed $500,000, the fee paid shall be $300; and if the cost of the project is to exceed $500,000, the fee paid shall be $600. Riparian owners of (i) commercial facilities engaged in the business of ship construction or repair, (ii) commercial facilities providing services relating to the shipping of domestic or foreign cargo, and (iii) commercial facilities engaged in the business of selling or servicing watercraft shall be exempt from the payment of rents and royalties, except as provided in subsection C.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":215844,"text":"When the activity or project for which a permit is requested will involve the removal of bottom material, the application shall indicate this fact. If granted, the permit shall specify a royalty of not less than $0.40, nor more than $0.80, per cubic yard of bottom material removed. In fixing the amount of the royalty, the Commission shall consider, among other factors, the following:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":215845,"text":"The primary and secondary purposes for removing the bottom material;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":215846,"text":"Whether the material has any commercial value and whether it will be used for any commercial purpose;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":215847,"text":"The use to be made of the removed material and any public benefit or adverse effect upon the public that will result from the removal or disposal of the material;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":215848,"text":"The physical characteristics of the material to be removed; and","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":215849,"text":"The expense of removing and disposing of the material.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"D"},"8":{"id":215850,"text":"Where it appears that the project or facility for which a permit application is made has been completed or work thereon commenced at the time application is made, the Commission may impose additional assessments not to exceed an amount of three times the normal permit fee and royalties, unless such royalties are prohibited by this chapter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C5","next_prefix":"E"},"9":{"id":215851,"text":"Bottom material removed attendant to maintenance dredging or directional drilling shall be exempt from any royalty. The Virginia Department of Transportation shall be exempt from all fees, rents and royalties otherwise assessable under this section. All counties, cities, and towns of the Commonwealth shall pay the required permit fee but shall be exempt from all other fees, rents and royalties assessable under this section if the permit is issued prior to the commencement of any work to be accomplished under the permit.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":215852,"text":"All fees, rents and royalties collected pursuant to this chapter on and after July 1, 2000, shall be paid into the state treasury to the credit of the Marine Habitat and Waterways Improvement Fund.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"11":{"id":215853,"text":"Beginning July 1, 2020, and not more frequently than every three years thereafter, the Commission may increase or decrease fees for marine habitat applications, permits, leases, rents, and royalties that are authorized by this chapter, but such increase or decrease shall be no greater than the respective increase or decrease, expressed as a percentage, in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, since the date on which the fee was last set or adjusted.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1206\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 17 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 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP1056\">1056<\/a>; in 2004, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0899\">899<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP1018\">1018<\/a>; in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0806\">806<\/a>.<\/p>","references":[{"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\/"}],"refers_to":[{"id":79002,"section_number":"28.2-1203","catch_line":"Unlawful use of subaqueous beds; penalty","order_by":null,"url":"\/28.2-1203\/"}],"permalink":{"id":191965,"object_type":"law","relational_id":58867,"identifier":"28.2-1206","token":"28.2\/III\/12\/1\/28.2-1206","url":"\/28.2-1206\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1206\/","token":"28.2\/III\/12\/1\/28.2-1206","dublin_core":{"Title":"Fees; exemptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1206","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A non-refundable processing fee of $100 shall accompany each application (i) submitted for a <span class=\"dictionary\">Commission<\/span> permit for the use of state-owned submerged lands or (ii) submitted pursuant to &#xA7; <a class=\"law\" title=\"Unlawful use of subaqueous beds; penalty\" href=\"\/28.2-1203\/\">28.2-1203<\/a>. No such processing fee shall be required for an application to explore or recover underwater historic property or to conduct any activity authorized by a Virginia Marine Resources <span class=\"dictionary\">Commission<\/span> General Permit. <a id=\"paragraph-215842\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-1206\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The fee paid to the <span class=\"dictionary\">Commission<\/span> for issuing each permit to recover underwater historic property shall be $25.\n\t\t\tThe fee paid to the <span class=\"dictionary\">Commission<\/span> for issuing each permit to use state-owned bottomlands shall be $100; if the cost of the project is to exceed $10,000 but not exceed $500,000, the fee paid shall be $300; and if the cost of the project is to exceed $500,000, the fee paid shall be $600. Riparian owners of (i) commercial facilities engaged in the business of ship construction or repair, (ii) commercial facilities providing services relating to the shipping of domestic or foreign cargo, and (iii) commercial facilities engaged in the business of selling or servicing watercraft shall be exempt from the payment of rents and royalties, except as provided in subsection C. <a id=\"paragraph-215843\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-1206\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> When the activity or project for which a permit is requested will involve the removal of bottom <span class=\"dictionary\">material<\/span>, the application shall indicate this <span class=\"dictionary\">fact<\/span>. If granted, the permit shall specify a royalty of not less than $0.40, nor more than $0.80, per cubic yard of bottom <span class=\"dictionary\">material<\/span> removed. In fixing the amount of the royalty, the <span class=\"dictionary\">Commission<\/span> shall consider, among other factors, the following: <a id=\"paragraph-215844\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-1206\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The primary and secondary purposes for removing the bottom <span class=\"dictionary\">material<\/span>; <a id=\"paragraph-215845\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-1206\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Whether the <span class=\"dictionary\">material<\/span> has any commercial value and whether it will be used for any commercial purpose; <a id=\"paragraph-215846\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-1206\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The use to be made of the removed <span class=\"dictionary\">material<\/span> and any public benefit or adverse effect upon the public that will result from the removal or disposal of the <span class=\"dictionary\">material<\/span>; <a id=\"paragraph-215847\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-1206\/#C3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The physical characteristics of the <span class=\"dictionary\">material<\/span> to be removed; and <a id=\"paragraph-215848\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-1206\/#C4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The expense of removing and disposing of the <span class=\"dictionary\">material<\/span>. <a id=\"paragraph-215849\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-1206\/#C5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Where it appears that the project or facility for which a permit application is made has been completed or work thereon commenced at the time application is made, the <span class=\"dictionary\">Commission<\/span> may impose additional assessments not to exceed an amount of three times the normal permit fee and royalties, unless such royalties are prohibited by this chapter. <a id=\"paragraph-215850\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-1206\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Bottom <span class=\"dictionary\">material<\/span> removed attendant to maintenance dredging or directional drilling shall be exempt from any royalty. The Virginia Department of Transportation shall be exempt from all fees, rents and royalties otherwise assessable under this section. All counties, cities, and towns of the Commonwealth shall pay the required permit fee but shall be exempt from all other fees, rents and royalties assessable under this section if the permit is issued prior to the commencement of any work to be accomplished under the permit. <a id=\"paragraph-215851\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-1206\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> All fees, rents and royalties collected pursuant to this chapter on and after July 1, 2000, shall be paid into the state treasury to the credit of the Marine <span class=\"dictionary\">Habitat<\/span> and Waterways Improvement Fund. <a id=\"paragraph-215852\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-1206\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> Beginning July 1, 2020, and not more frequently than every three years thereafter, the <span class=\"dictionary\">Commission<\/span> may increase or decrease fees for marine <span class=\"dictionary\">habitat<\/span> applications, permits, leases, rents, and royalties that are authorized by this chapter, but such increase or decrease shall be no greater than the respective increase or decrease, expressed as a percentage, in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, since the date on which the fee was last set or adjusted. <a id=\"paragraph-215853\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-1206\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nFEES; EXEMPTIONS (\u00a7 28.2-1206)\n\nA. A non-refundable processing fee of $100 shall accompany each application (i)\nsubmitted for a Commission permit for the use of state-owned submerged lands or\n(ii) submitted pursuant to &#xA7; 28.2-1203. No such processing fee shall be\nrequired for an application to explore or recover underwater historic property\nor to conduct any activity authorized by a Virginia Marine Resources Commission\nGeneral Permit.\n\nB. The fee paid to the Commission for issuing each permit to recover underwater\nhistoric property shall be $25.\n\t\t\tThe fee paid to the Commission for issuing each permit to use state-owned\nbottomlands shall be $100; if the cost of the project is to exceed $10,000 but\nnot exceed $500,000, the fee paid shall be $300; and if the cost of the project\nis to exceed $500,000, the fee paid shall be $600. Riparian owners of (i)\ncommercial facilities engaged in the business of ship construction or repair,\n(ii) commercial facilities providing services relating to the shipping of\ndomestic or foreign cargo, and (iii) commercial facilities engaged in the\nbusiness of selling or servicing watercraft shall be exempt from the payment of\nrents and royalties, except as provided in subsection C.\n\nC. When the activity or project for which a permit is requested will involve the\nremoval of bottom material, the application shall indicate this fact. If\ngranted, the permit shall specify a royalty of not less than $0.40, nor more\nthan $0.80, per cubic yard of bottom material removed. In fixing the amount of\nthe royalty, the Commission shall consider, among other factors, the following:\n\n   1. The primary and secondary purposes for removing the bottom material;\n\n   2. Whether the material has any commercial value and whether it will be used\n   for any commercial purpose;\n\n   3. The use to be made of the removed material and any public benefit or\n   adverse effect upon the public that will result from the removal or disposal\n   of the material;\n\n   4. The physical characteristics of the material to be removed; and\n\n   5. The expense of removing and disposing of the material.\n\nD. Where it appears that the project or facility for which a permit application\nis made has been completed or work thereon commenced at the time application is\nmade, the Commission may impose additional assessments not to exceed an amount\nof three times the normal permit fee and royalties, unless such royalties are\nprohibited by this chapter.\n\nE. Bottom material removed attendant to maintenance dredging or directional\ndrilling shall be exempt from any royalty. The Virginia Department of\nTransportation shall be exempt from all fees, rents and royalties otherwise\nassessable under this section. All counties, cities, and towns of the\nCommonwealth shall pay the required permit fee but shall be exempt from all\nother fees, rents and royalties assessable under this section if the permit is\nissued prior to the commencement of any work to be accomplished under the\npermit.\n\nF. All fees, rents and royalties collected pursuant to this chapter on and after\nJuly 1, 2000, shall be paid into the state treasury to the credit of the Marine\nHabitat and Waterways Improvement Fund.\n\nG. Beginning July 1, 2020, and not more frequently than every three years\nthereafter, the Commission may increase or decrease fees for marine habitat\napplications, permits, leases, rents, and royalties that are authorized by this\nchapter, but such increase or decrease shall be no greater than the respective\nincrease or decrease, expressed as a percentage, in the United States Average\nConsumer Price Index for all items, all urban consumers (CPI-U), as published by\nthe Bureau of Labor Statistics of the U.S. Department of Labor, since the date\non which the fee was last set or adjusted.\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; 2000, c. 1056; 2004, cc. 899, 1018; 2020, c. 806.","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}}