{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1207.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1207.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1207.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1207.html"}],"law_id":67123,"edition_id":1,"section_id":67123,"structure_id":16349,"section_number":"28.2-1207","catch_line":"Authority to approve permits for encroachment on subaqueous beds; notice","history":"1972, c. 398, \u00a7 62.1-3.01; 1973, c. 350, \u00a7 62.1-3.02; 1980, c. 312; 1984, c. 246; 1992, c. 836; 1997, c. 845; 2011, c. 451; 2016, cc. 9, 124; 2025, cc. 203, 221.","full_text":"A\n\nAny application for a permit to trespass upon or over or encroach upon subaqueous beds which are the Commonwealth’s property may be approved by the Commissioner or his authorized representative if the application meets the requirements of \u00a7\u00a7 28.2-1205 and 28.2-1206 and the following criteria are satisfied:1\n\nThe total value of the project does not exceed $1,000,000; however, such total value shall be updated every five years by the Commissioner using the Consumer Price Index and published on the Commission’s website;2\n\nThe application is not protested by any citizen or objected to by any state agency; and3\n\nThe project for which the permit is sought will not require any other permit from the Commission.B\n\nIf the permit application is for a shore erosion control project recommended by the soil and water conservation district in which the project is to be located and the criteria listed in subsection A of this section are satisfied, the Commission may, after giving notice of the application to the Virginia Institute of Marine Science, approve the application without giving notice to or awaiting the approval of any other state agency.C\n\nThe Commission shall, in conjunction with affected state and federal agencies, develop an expedited process for issuing general permits for activities that are intended to improve water quality such as bioengineered streambank projects and livestock stream crossings, and for activities required during emergencies in which a determination has been made that there is a threat to public or private property, or to the health and safety of the public. The development of the general permit shall be exempt from Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act.D\n\nThe Commission shall, in conjunction with affected state and federal agencies, develop an expedited process for issuing a permit for emergency activities intended to restore sand to any publicly owned beach damaged by sand erosion. Such erosion shall have been caused by a discrete, identifiable weather event or sequence of events that threatened public or private property or public health and safety and was the subject of a declaration of emergency by the Governor or the governing body of the locality in which the project is located. The development of the permit shall be exempt from Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act.","order_by":null,"text":{"0":{"id":243259,"text":"Any application for a permit to trespass upon or over or encroach upon subaqueous beds which are the Commonwealth’s property may be approved by the Commissioner or his authorized representative if the application meets the requirements of \u00a7\u00a7 28.2-1205 and 28.2-1206 and the following criteria are satisfied:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":243260,"text":"The total value of the project does not exceed $1,000,000; however, such total value shall be updated every five years by the Commissioner using the Consumer Price Index and published on the Commission’s website;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":243261,"text":"The application is not protested by any citizen or objected to by any state agency; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":243262,"text":"The project for which the permit is sought will not require any other permit from the Commission.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":243263,"text":"If the permit application is for a shore erosion control project recommended by the soil and water conservation district in which the project is to be located and the criteria listed in subsection A of this section are satisfied, the Commission may, after giving notice of the application to the Virginia Institute of Marine Science, approve the application without giving notice to or awaiting the approval of any other state agency.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":243264,"text":"The Commission shall, in conjunction with affected state and federal agencies, develop an expedited process for issuing general permits for activities that are intended to improve water quality such as bioengineered streambank projects and livestock stream crossings, and for activities required during emergencies in which a determination has been made that there is a threat to public or private property, or to the health and safety of the public. The development of the general permit shall be exempt from Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":243265,"text":"The Commission shall, in conjunction with affected state and federal agencies, develop an expedited process for issuing a permit for emergency activities intended to restore sand to any publicly owned beach damaged by sand erosion. Such erosion shall have been caused by a discrete, identifiable weather event or sequence of events that threatened public or private property or public health and safety and was the subject of a declaration of emergency by the Governor or the governing body of the locality in which the project is located. The development of the permit shall be exempt from Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16349,"edition_id":1,"name":"Ownership and Uses of Submerged Lands","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":16348,"metadata":{},"date_created":"2026-06-26 04:14:45","date_modified":"2026-06-26 04:14:45","permalink":{"id":192271,"object_type":"structure","relational_id":16349,"identifier":"1","token":"28.2\/Subti\/12\/1","url":"\/28.2\/Subti\/12\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":16348,"edition_id":1,"name":"Submerged Lands","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":16347,"metadata":{},"date_created":"2026-06-26 04:14:45","date_modified":"2026-06-26 04:14:45","permalink":{"id":192269,"object_type":"structure","relational_id":16348,"identifier":"12","token":"28.2\/Subti\/12","url":"\/28.2\/Subti\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":16347,"edition_id":1,"name":"Habitat","identifier":"Subti","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 04:14:45","date_modified":"2026-06-26 04:14:45","permalink":{"id":192267,"object_type":"structure","relational_id":16347,"identifier":"Subti","token":"28.2\/Subti","url":"\/28.2\/Subti\/","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":67123,"structure_id":16349,"section_number":"28.2-1207","catch_line":"Authority to approve permits for encroachment on subaqueous beds; notice","url":"\/28.2-1207\/","token":"28.2\/Subti\/12\/1\/28.2-1207","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1207\/","history_text":"

This law was first created in 1972. The record of its establishment is cataloged in chapter 398 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. Unfortunately, the 1972 \u201cActs\u201d aren\u2019t available online. It has been modified 8 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 1973, chapter 350; in 1980, chapter 312; in 1984, chapter 246; in 1992, chapter 836; in 1997, chapter 845<\/a>; in 2011, chapter 451<\/a>; in 2016, chapters 9<\/a> and 124<\/a>; in 2025, chapters 203<\/a> and 221<\/a>.<\/p>","references":false,"refers_to":[{"id":78729,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","order_by":null,"url":"\/2.2-4006\/"},{"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":58867,"section_number":"28.2-1206","catch_line":"Fees; exemptions","order_by":null,"url":"\/28.2-1206\/"}],"permalink":{"id":192273,"object_type":"law","relational_id":67123,"identifier":"28.2-1207","token":"28.2\/Subti\/12\/1\/28.2-1207","url":"\/28.2-1207\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1207\/","token":"28.2\/Subti\/12\/1\/28.2-1207","dublin_core":{"Title":"Authority to approve permits for encroachment on subaqueous beds; notice","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1207","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any application for a permit to trespass upon or over or encroach upon subaqueous beds which are the Commonwealth’s property may be approved by the Commissioner<\/span> or his authorized representative if the application meets the requirements of \u00a7\u00a7 28.2-1205<\/a> and 28.2-1206<\/a> and the following criteria are satisfied: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The total value of the project does not exceed $1,000,000; however, such total value shall be updated every five years by the Commissioner<\/span> using the Consumer Price Index and published on the Commission<\/span>’s website; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The application is not protested by any citizen or objected to by any state agency; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The project for which the permit is sought will not require any other permit from the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the permit application is for a shore erosion control project recommended by the soil and water conservation district in which the project is to be located and the criteria listed in subsection A of this section are satisfied, the Commission<\/span> may, after giving notice of the application to the Virginia Institute of Marine Science, approve the application without giving notice to or awaiting the approval of any other state agency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commission<\/span> shall, in conjunction with affected state and federal agencies, develop an expedited process for issuing general permits for activities that are intended to improve water quality such as bioengineered streambank projects and livestock stream crossings, and for activities required during emergencies in which a determination has been made that there is a threat to public or private property, or to the health and safety of the public. The development of the general permit shall be exempt from Article 2 (§ 2.2-4006<\/a> et seq.) of the Administrative Process Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commission<\/span> shall, in conjunction with affected state and federal agencies, develop an expedited process for issuing a permit for emergency activities intended to restore sand to any publicly owned beach damaged by sand erosion. Such erosion shall have been caused by a discrete, identifiable weather event or sequence of events that threatened public or private property or public health and safety and was the subject of a declaration of emergency by the Governor or the governing body of the locality in which the project is located. The development of the permit shall be exempt from Article 2 (§ 2.2-4006<\/a> et seq.) of the Administrative Process Act. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY TO APPROVE PERMITS FOR ENCROACHMENT ON SUBAQUEOUS BEDS; NOTICE (\u00a7\n28.2-1207)\n\nA. Any application for a permit to trespass upon or over or encroach upon\nsubaqueous beds which are the Commonwealth’s property may be approved by\nthe Commissioner or his authorized representative if the application meets the\nrequirements of \u00a7\u00a7 28.2-1205 and 28.2-1206 and the following criteria are\nsatisfied:\n\n 1. The total value of the project does not exceed $1,000,000; however, such\n total value shall be updated every five years by the Commissioner using the\n Consumer Price Index and published on the Commission’s website;\n\n 2. The application is not protested by any citizen or objected to by any state\n agency; and\n\n 3. The project for which the permit is sought will not require any other\n permit from the Commission.\n\nB. If the permit application is for a shore erosion control project recommended\nby the soil and water conservation district in which the project is to be\nlocated and the criteria listed in subsection A of this section are satisfied,\nthe Commission may, after giving notice of the application to the Virginia\nInstitute of Marine Science, approve the application without giving notice to or\nawaiting the approval of any other state agency.\n\nC. The Commission shall, in conjunction with affected state and federal\nagencies, develop an expedited process for issuing general permits for\nactivities that are intended to improve water quality such as bioengineered\nstreambank projects and livestock stream crossings, and for activities required\nduring emergencies in which a determination has been made that there is a threat\nto public or private property, or to the health and safety of the public. The\ndevelopment of the general permit shall be exempt from Article 2 (§\n2.2-4006 et seq.) of the Administrative Process Act.\n\nD. The Commission shall, in conjunction with affected state and federal\nagencies, develop an expedited process for issuing a permit for emergency\nactivities intended to restore sand to any publicly owned beach damaged by sand\nerosion. Such erosion shall have been caused by a discrete, identifiable weather\nevent or sequence of events that threatened public or private property or public\nhealth and safety and was the subject of a declaration of emergency by the\nGovernor or the governing body of the locality in which the project is located.\nThe development of the permit shall be exempt from Article 2 (§ 2.2-4006 et\nseq.) of the Administrative Process Act.\n\nHISTORY: 1972, c. 398, \u00a7 62.1-3.01; 1973, c. 350, \u00a7 62.1-3.02; 1980, c. 312;\n1984, c. 246; 1992, c. 836; 1997, c. 845; 2011, c. 451; 2016, cc. 9, 124; 2025,\ncc. 203, 221.","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}}