{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-1208.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-1208.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-1208.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-1208.html"}],"law_id":72997,"edition_id":1,"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","history":"Code 1950, \u00a7 62-3; 1958, c. 290; 1962, c. 637; 1968, c. 659, \u00a7 62.1-4; 1986, c. 488; 1992, c. 836; 1993, c. 644; 2000, c. 1056; 2004, cc. 899, 1018; 2008, c. 369; 2009, c. 766; 2020, cc. 451, 452; 2021, Sp. Sess. I, c. 532; 2024, cc. 198, 246.","full_text":"A\n\nThe Commission may, with the approval of the Attorney General and the Governor, grant easements over or under or lease the beds of the waters of the Commonwealth outside of the Baylor Survey. Every easement or lease executed pursuant to this section shall be for a period not to exceed five years, except in the case of offshore renewable energy leases described in clause (ii), in which case the period shall not exceed 30 years, and shall specify the rent and such other terms deemed expedient and proper. Such easements and leases may include the right to renew the same for an additional period not to exceed five years. Any lease that authorizes grantees or lessees to (i) prospect for and take from the bottoms covered thereby specified minerals and mineral substances or (ii) generate electrical energy from wave or tidal action, currents, offshore winds, or thermal or salinity gradients, and transmit energy from such sources to shore shall require a royalty. Except for offshore renewable energy leases, purchase payment for any easement granted to a public service corporation, certificated telephone company, interstate natural gas company, or provider of cable television or other multichannel video programming service shall be $100 and shall be for a period of 40 years. However, no easement or lease shall in any way affect or interfere with the rights vouchsafed to the people of the Commonwealth concerning fishing, fowling, and the catching and taking of oysters and other shellfish in and from the leased bottoms or the waters above.B\n\nAll easements granted and leases made pursuant to this section shall be executed for, and in the name and on behalf of, the Commonwealth by the Attorney General and shall be countersigned by the Governor.C\n\nAll mineral royalties collected from such easements or leases on and after July 1, 2000, shall be paid into the state treasury to the credit of the Marine Habitat and Waterways Improvement Fund. All royalties collected as a result of the generation or transmission of electrical or compressed air energy from offshore renewable sources, including wave or tidal action, currents, offshore winds, and thermal or salinity gradients, shall be paid into the state treasury and appropriated to the Fisheries Innovation for Sustainable Harvest Fund established pursuant to § 28.2-208.3.D\n\nPrior to December 1 of each year, the Commissioner and the Attorney General shall make reports to the General Assembly on all easements and leases executed pursuant to this section during the preceding 12 months.E\n\nThe Commission shall, in cooperation with the Division of Geology and Mineral Resources of the Department of Energy and with the assistance of affected state agencies, departments, and institutions, including the Virginia Coastal Energy Research Consortium, maintain a State Subaqueous Minerals and Coastal Energy Management Plan that shall supplement the State Minerals Management Plan set forth in \u00a7 2.2-1157 and the Virginia Energy Plan (\u00a7 45.2-1710 et seq.). The State Subaqueous Minerals and Coastal Energy Management Plan shall include provisions for (i) the holding of public hearings, (ii) public advertising for competitive bids or proposals for mineral and renewable energy leasing and extraction activities, (iii) preparation of environmental impact reports to be reviewed by the appropriate agency of the Commonwealth, and (iv) review and approval of leases by the Attorney General and the Governor as required by subsection A. The environmental impact reports shall address, but not be limited to:1\n\nThe environmental impact of the proposed activity;2\n\nAny adverse environmental effects that cannot be avoided if the proposed activity is undertaken;3\n\nMeasures proposed to minimize the impact of the proposed activity;4\n\nAny alternative to the proposed activity; and5\n\nAny irreversible environmental changes which would be involved in the proposed activity.\n\t\t\t\tFor the purposes of subdivision 4, the report shall contain all alternatives considered and the reasons why the alternatives were rejected. If a report does not set forth alternatives, it shall state why alternatives were not considered.F\n\nNeither the Commission nor the Department of Energy shall grant any lease, easement, or permit allowing on the beds of any of the coastal waters of the Commonwealth any infrastructure for conveying to shore oil or gas produced from an offshore oil or gas lease in the portion of the Atlantic Ocean identified as the Outer Continental Shelf (OCS) Planning Area by the U.S. Bureau of Ocean Energy Management. For purposes of this section, the term “infrastructure” includes pipelines, gathering systems, processing facilities, and storage facilities. The provisions of this subsection shall not apply to any infrastructure in existence as of July 1, 2020.","order_by":null,"text":{"0":{"id":262892,"text":"The Commission may, with the approval of the Attorney General and the Governor, grant easements over or under or lease the beds of the waters of the Commonwealth outside of the Baylor Survey. Every easement or lease executed pursuant to this section shall be for a period not to exceed five years, except in the case of offshore renewable energy leases described in clause (ii), in which case the period shall not exceed 30 years, and shall specify the rent and such other terms deemed expedient and proper. Such easements and leases may include the right to renew the same for an additional period not to exceed five years. Any lease that authorizes grantees or lessees to (i) prospect for and take from the bottoms covered thereby specified minerals and mineral substances or (ii) generate electrical energy from wave or tidal action, currents, offshore winds, or thermal or salinity gradients, and transmit energy from such sources to shore shall require a royalty. Except for offshore renewable energy leases, purchase payment for any easement granted to a public service corporation, certificated telephone company, interstate natural gas company, or provider of cable television or other multichannel video programming service shall be $100 and shall be for a period of 40 years. However, no easement or lease shall in any way affect or interfere with the rights vouchsafed to the people of the Commonwealth concerning fishing, fowling, and the catching and taking of oysters and other shellfish in and from the leased bottoms or the waters above.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":262893,"text":"All easements granted and leases made pursuant to this section shall be executed for, and in the name and on behalf of, the Commonwealth by the Attorney General and shall be countersigned by the Governor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":262894,"text":"All mineral royalties collected from such easements or leases on and after July 1, 2000, shall be paid into the state treasury to the credit of the Marine Habitat and Waterways Improvement Fund. All royalties collected as a result of the generation or transmission of electrical or compressed air energy from offshore renewable sources, including wave or tidal action, currents, offshore winds, and thermal or salinity gradients, shall be paid into the state treasury and appropriated to the Fisheries Innovation for Sustainable Harvest Fund established pursuant to § 28.2-208.3.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":262895,"text":"Prior to December 1 of each year, the Commissioner and the Attorney General shall make reports to the General Assembly on all easements and leases executed pursuant to this section during the preceding 12 months.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":262896,"text":"The Commission shall, in cooperation with the Division of Geology and Mineral Resources of the Department of Energy and with the assistance of affected state agencies, departments, and institutions, including the Virginia Coastal Energy Research Consortium, maintain a State Subaqueous Minerals and Coastal Energy Management Plan that shall supplement the State Minerals Management Plan set forth in \u00a7 2.2-1157 and the Virginia Energy Plan (\u00a7 45.2-1710 et seq.). The State Subaqueous Minerals and Coastal Energy Management Plan shall include provisions for (i) the holding of public hearings, (ii) public advertising for competitive bids or proposals for mineral and renewable energy leasing and extraction activities, (iii) preparation of environmental impact reports to be reviewed by the appropriate agency of the Commonwealth, and (iv) review and approval of leases by the Attorney General and the Governor as required by subsection A. The environmental impact reports shall address, but not be limited to:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":262897,"text":"The environmental impact of the proposed activity;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":262898,"text":"Any adverse environmental effects that cannot be avoided if the proposed activity is undertaken;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":262899,"text":"Measures proposed to minimize the impact of the proposed activity;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":262900,"text":"Any alternative to the proposed activity; and","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"9":{"id":262901,"text":"Any irreversible environmental changes which would be involved in the proposed activity.\n\t\t\t\tFor the purposes of subdivision 4, the report shall contain all alternatives considered and the reasons why the alternatives were rejected. If a report does not set forth alternatives, it shall state why alternatives were not considered.","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4","next_prefix":"F"},"10":{"id":262902,"text":"Neither the Commission nor the Department of Energy shall grant any lease, easement, or permit allowing on the beds of any of the coastal waters of the Commonwealth any infrastructure for conveying to shore oil or gas produced from an offshore oil or gas lease in the portion of the Atlantic Ocean identified as the Outer Continental Shelf (OCS) Planning Area by the U.S. Bureau of Ocean Energy Management. For purposes of this section, the term “infrastructure” includes pipelines, gathering systems, processing facilities, and storage facilities. The provisions of this subsection shall not apply to any infrastructure in existence as of July 1, 2020.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E5"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-1208\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 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 1958, chapter 290; in 1962, chapter 637; in 1968, chapter 659; in 1986, chapter 488; in 1992, chapter 836; in 1993, chapter 644; in 2000, chapter 1056<\/a>; in 2004, chapters 899<\/a> and 1018<\/a>; in 2008, chapter 369<\/a>; in 2009, chapter 766<\/a>; in 2020, chapters 451<\/a> and 452<\/a>; in 2024, chapters 198<\/a> and 246<\/a>.<\/p>","references":[{"id":79938,"section_number":"28.2-1200.1","catch_line":"Conveyance of state-owned bottomlands","order_by":null,"url":"\/28.2-1200.1\/"},{"id":66425,"section_number":"28.2-208.3","catch_line":"Fisheries Innovation for Sustainable Harvest Fund","order_by":null,"url":"\/28.2-208.3\/"}],"refers_to":[{"id":58405,"section_number":"2.2-1157","catch_line":" Exploration for and extraction of minerals on state-owned uplands","order_by":null,"url":"\/2.2-1157\/"},{"id":78018,"section_number":"45.2-1710","catch_line":" Development of the Virginia Energy Plan","order_by":null,"url":"\/45.2-1710\/"}],"permalink":{"id":191969,"object_type":"law","relational_id":72997,"identifier":"28.2-1208","token":"28.2\/III\/12\/1\/28.2-1208","url":"\/28.2-1208\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-1208\/","token":"28.2\/III\/12\/1\/28.2-1208","dublin_core":{"Title":"Granting easements in, permitting the use of, or leasing the beds of certain waters","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-1208","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span> may, with the approval of the Attorney General<\/span> and the Governor, grant easements over or under or lease the beds of the waters of the Commonwealth outside of the Baylor Survey. Every easement or lease executed pursuant to this section shall be for a period not to exceed five years, except in the case of offshore renewable energy leases described in clause (ii), in which case the period shall not exceed 30 years, and shall specify the rent and such other terms deemed expedient and proper. Such easements and leases may include the right to renew the same for an additional period not to exceed five years. Any lease that authorizes grantees or lessees to (i) prospect for and take from the bottoms covered thereby specified minerals and mineral substances or (ii) generate electrical energy from wave or tidal action, currents, offshore winds, or thermal or salinity gradients, and transmit energy from such sources to shore shall require a royalty. Except for offshore renewable energy leases, purchase payment for any easement granted to a public service corporation, certificated telephone company, interstate natural gas company, or provider of cable television or other multichannel video programming service shall be $100 and shall be for a period of 40 years. However, no easement or lease shall in any way affect or interfere with the rights vouchsafed to the people of the Commonwealth concerning fishing<\/span>, fowling, and the catching and taking of oysters and other shellfish<\/span> in and from the leased bottoms or the waters above. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All easements granted and leases made pursuant to this section shall be executed for, and in the name and on behalf of, the Commonwealth by the Attorney General<\/span> and shall be countersigned by the Governor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All mineral royalties collected from such easements or leases on and after July 1, 2000, shall be paid into the state treasury to the credit of the Marine Habitat<\/span> and Waterways Improvement Fund. All royalties collected as a result of the generation or transmission of electrical or compressed air energy from offshore renewable sources, including wave or tidal action, currents, offshore winds, and thermal or salinity gradients, shall be paid into the state treasury and appropriated to the Fisheries<\/span> Innovation for Sustainable Harvest Fund established pursuant to § 28.2-208.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Prior to December 1 of each year, the Commissioner<\/span> and the Attorney General<\/span> shall make reports to the General Assembly on all easements and leases executed pursuant to this section during the preceding 12 months. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Commission<\/span> shall, in cooperation with the Division of Geology and Mineral Resources of the Department of Energy and with the assistance of affected state agencies, departments, and institutions, including the Virginia Coastal Energy Research Consortium, maintain a State Subaqueous Minerals and Coastal Energy Management Plan that shall supplement the State Minerals Management Plan set forth in \u00a7 2.2-1157<\/a> and the Virginia Energy Plan (\u00a7 45.2-1710<\/a> et seq.). The State Subaqueous Minerals and Coastal Energy Management Plan shall include provisions for (i) the holding of public hearings<\/span>, (ii) public advertising for competitive bids or proposals for mineral and renewable energy leasing and extraction activities, (iii) preparation of environmental impact reports to be reviewed by the appropriate agency of the Commonwealth, and (iv) review and approval of leases by the Attorney General<\/span> and the Governor as required by subsection A. The environmental impact reports shall address, but not be limited to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The environmental impact of the proposed activity; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any adverse environmental effects that cannot be avoided if the proposed activity is undertaken; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Measures proposed to minimize the impact of the proposed activity; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any alternative to the proposed activity; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any irreversible environmental changes which would be involved in the proposed activity.\n\t\t\t\tFor the purposes of subdivision 4, the report shall contain all alternatives considered and the reasons why the alternatives were rejected. If a report does not set forth alternatives, it shall state why alternatives were not considered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Neither the Commission<\/span> nor the Department of Energy shall grant any lease, easement, or permit allowing on the beds of any of the coastal waters of the Commonwealth any infrastructure<\/span> for conveying to shore oil or gas produced from an offshore oil or gas lease in the portion of the Atlantic Ocean identified as the Outer Continental Shelf (OCS) Planning Area by the U.S. Bureau of Ocean Energy Management. For purposes of this section, the term “infrastructure<\/span>” includes pipelines, gathering systems, processing facilities, and storage facilities. The provisions of this subsection shall not apply to any infrastructure<\/span> in existence as of July 1, 2020. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGRANTING EASEMENTS IN, PERMITTING THE USE OF, OR LEASING THE BEDS OF CERTAIN\nWATERS (\u00a7 28.2-1208)\n\nA. The Commission may, with the approval of the Attorney General and the\nGovernor, grant easements over or under or lease the beds of the waters of the\nCommonwealth outside of the Baylor Survey. Every easement or lease executed\npursuant to this section shall be for a period not to exceed five years, except\nin the case of offshore renewable energy leases described in clause (ii), in\nwhich case the period shall not exceed 30 years, and shall specify the rent and\nsuch other terms deemed expedient and proper. Such easements and leases may\ninclude the right to renew the same for an additional period not to exceed five\nyears. Any lease that authorizes grantees or lessees to (i) prospect for and\ntake from the bottoms covered thereby specified minerals and mineral substances\nor (ii) generate electrical energy from wave or tidal action, currents, offshore\nwinds, or thermal or salinity gradients, and transmit energy from such sources\nto shore shall require a royalty. Except for offshore renewable energy leases,\npurchase payment for any easement granted to a public service corporation,\ncertificated telephone company, interstate natural gas company, or provider of\ncable television or other multichannel video programming service shall be $100\nand shall be for a period of 40 years. However, no easement or lease shall in\nany way affect or interfere with the rights vouchsafed to the people of the\nCommonwealth concerning fishing, fowling, and the catching and taking of oysters\nand other shellfish in and from the leased bottoms or the waters above.\n\nB. All easements granted and leases made pursuant to this section shall be\nexecuted for, and in the name and on behalf of, the Commonwealth by the Attorney\nGeneral and shall be countersigned by the Governor.\n\nC. All mineral royalties collected from such easements or leases on and after\nJuly 1, 2000, shall be paid into the state treasury to the credit of the Marine\nHabitat and Waterways Improvement Fund. All royalties collected as a result of\nthe generation or transmission of electrical or compressed air energy from\noffshore renewable sources, including wave or tidal action, currents, offshore\nwinds, and thermal or salinity gradients, shall be paid into the state treasury\nand appropriated to the Fisheries Innovation for Sustainable Harvest Fund\nestablished pursuant to § 28.2-208.3.\n\nD. Prior to December 1 of each year, the Commissioner and the Attorney General\nshall make reports to the General Assembly on all easements and leases executed\npursuant to this section during the preceding 12 months.\n\nE. The Commission shall, in cooperation with the Division of Geology and Mineral\nResources of the Department of Energy and with the assistance of affected state\nagencies, departments, and institutions, including the Virginia Coastal Energy\nResearch Consortium, maintain a State Subaqueous Minerals and Coastal Energy\nManagement Plan that shall supplement the State Minerals Management Plan set\nforth in \u00a7 2.2-1157 and the Virginia Energy Plan (\u00a7 45.2-1710 et seq.). The\nState Subaqueous Minerals and Coastal Energy Management Plan shall include\nprovisions for (i) the holding of public hearings, (ii) public advertising for\ncompetitive bids or proposals for mineral and renewable energy leasing and\nextraction activities, (iii) preparation of environmental impact reports to be\nreviewed by the appropriate agency of the Commonwealth, and (iv) review and\napproval of leases by the Attorney General and the Governor as required by\nsubsection A. The environmental impact reports shall address, but not be limited\nto:\n\n 1. The environmental impact of the proposed activity;\n\n 2. Any adverse environmental effects that cannot be avoided if the proposed\n activity is undertaken;\n\n 3. Measures proposed to minimize the impact of the proposed activity;\n\n 4. Any alternative to the proposed activity; and\n\n 5. Any irreversible environmental changes which would be involved in the\n proposed activity.\n \t\t\t\tFor the purposes of subdivision 4, the report shall contain all\n alternatives considered and the reasons why the alternatives were rejected. If\n a report does not set forth alternatives, it shall state why alternatives were\n not considered.\n\nF. Neither the Commission nor the Department of Energy shall grant any lease,\neasement, or permit allowing on the beds of any of the coastal waters of the\nCommonwealth any infrastructure for conveying to shore oil or gas produced from\nan offshore oil or gas lease in the portion of the Atlantic Ocean identified as\nthe Outer Continental Shelf (OCS) Planning Area by the U.S. Bureau of Ocean\nEnergy Management. For purposes of this section, the term\n“infrastructure” includes pipelines, gathering systems, processing\nfacilities, and storage facilities. The provisions of this subsection shall not\napply to any infrastructure in existence as of July 1, 2020.\n\nHISTORY: Code 1950, \u00a7 62-3; 1958, c. 290; 1962, c. 637; 1968, c. 659, \u00a7\n62.1-4; 1986, c. 488; 1992, c. 836; 1993, c. 644; 2000, c. 1056; 2004, cc. 899,\n1018; 2008, c. 369; 2009, c. 766; 2020, cc. 451, 452; 2021, Sp. Sess. I, c. 532;\n2024, cc. 198, 246.","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}}