{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-515.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-515.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-515.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-515.html"}],"law_id":76785,"edition_id":1,"section_id":76785,"structure_id":14226,"section_number":"28.2-515","catch_line":"Dredging or scraping on private ground; permit required","history":"Code 1950, \u00a7 28-158; 1950, p. 988; 1952, c. 643; 1954, c. 43; 1958, c. 477; 1962, c. 406, \u00a7 28.1-134; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1979, c. 274; 1986, cc. 171, 184; 1992, c. 836; 2003, c. 778.","full_text":"Any resident of the Commonwealth holding under legal assignment an oyster-planting ground of at least three acres in one tract or adjoining tracts and having paid the rent may dredge or scrape his tracts at any time from sunrise until sunset, except on Sunday if the resident has obtained from the Commission a permit for each boat so used. The permit shall show the name of the lessee and the name or number of the boat, date of issue, and date of expiration. The expiration date shall not be more than 12 months from the date of issue and may be renewed for like periods. A special exemption may be granted on such a permit to allow dredging or scraping one hour prior to sunrise from June 15 to September 1, provided that the resident notify the Commission at least 24 hours prior to such activity. The Commission may, after a hearing, refuse to grant or renew a permit to dredge or scrape any oyster-planting ground unless it is proved that the holder has planted seed oysters or shells and is using the planting ground for the cultivation of oysters. The Commission may refuse to grant the permit if it appears at the hearing that the holder of the ground is a habitual violator of the seafood laws. An applicant for the permit shall have the right of appeal from any decision of the Commission refusing to grant the permit as provided in Article 3 (\u00a7 28.2-216 et seq.) of Chapter 2 of this subtitle.","order_by":null,"text":{"0":{"id":275723,"text":"Any resident of the Commonwealth holding under legal assignment an oyster-planting ground of at least three acres in one tract or adjoining tracts and having paid the rent may dredge or scrape his tracts at any time from sunrise until sunset, except on Sunday if the resident has obtained from the Commission a permit for each boat so used. The permit shall show the name of the lessee and the name or number of the boat, date of issue, and date of expiration. The expiration date shall not be more than 12 months from the date of issue and may be renewed for like periods. A special exemption may be granted on such a permit to allow dredging or scraping one hour prior to sunrise from June 15 to September 1, provided that the resident notify the Commission at least 24 hours prior to such activity. The Commission may, after a hearing, refuse to grant or renew a permit to dredge or scrape any oyster-planting ground unless it is proved that the holder has planted seed oysters or shells and is using the planting ground for the cultivation of oysters. The Commission may refuse to grant the permit if it appears at the hearing that the holder of the ground is a habitual violator of the seafood laws. An applicant for the permit shall have the right of appeal from any decision of the Commission refusing to grant the permit as provided in Article 3 (\u00a7 28.2-216 et seq.) of Chapter 2 of this subtitle.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14226,"edition_id":1,"name":"Fishing for Oysters and Clams; Device Restrictions","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13617,"metadata":{},"date_created":"2026-06-26 03:47:22","date_modified":"2026-06-26 03:47:22","permalink":{"id":191243,"object_type":"structure","relational_id":14226,"identifier":"2","token":"28.2\/II\/5\/2","url":"\/28.2\/II\/5\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13617,"edition_id":1,"name":"Oysters and Clams","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 03:45:23","date_modified":"2026-06-26 03:45:23","permalink":{"id":191215,"object_type":"structure","relational_id":13617,"identifier":"5","token":"28.2\/II\/5","url":"\/28.2\/II\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12814,"edition_id":1,"name":"Tidal Fisheries","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190673,"object_type":"structure","relational_id":12814,"identifier":"II","token":"28.2\/II","url":"\/28.2\/II\/","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":67009,"structure_id":14226,"section_number":"28.2-506","catch_line":"Season for taking oysters from public rocks; penalty","url":"\/28.2-506\/","token":"28.2\/II\/5\/2\/28.2-506","metadata":false},{"id":72136,"structure_id":14226,"section_number":"28.2-507","catch_line":"Opening and closing public rocks","url":"\/28.2-507\/","token":"28.2\/II\/5\/2\/28.2-507","metadata":false},{"id":68281,"structure_id":14226,"section_number":"28.2-508","catch_line":"Prohibited area for patent tongs; penalty","url":"\/28.2-508\/","token":"28.2\/II\/5\/2\/28.2-508","metadata":false},{"id":55452,"structure_id":14226,"section_number":"28.2-509","catch_line":"Maximum weight for patent tongs; teeth length; penalty","url":"\/28.2-509\/","token":"28.2\/II\/5\/2\/28.2-509","metadata":false},{"id":60946,"structure_id":14226,"section_number":"28.2-510","catch_line":"Buying, selling, or possessing unculled oysters; penalty","url":"\/28.2-510\/","token":"28.2\/II\/5\/2\/28.2-510","metadata":false},{"id":62678,"structure_id":14226,"section_number":"28.2-511","catch_line":"Culling oysters; penalty","url":"\/28.2-511\/","token":"28.2\/II\/5\/2\/28.2-511","metadata":false},{"id":67098,"structure_id":14226,"section_number":"28.2-512","catch_line":"Interfering with oyster inspections; penalty","url":"\/28.2-512\/","token":"28.2\/II\/5\/2\/28.2-512","metadata":false},{"id":60532,"structure_id":14226,"section_number":"28.2-513","catch_line":"Prima facie evidence of culling violation; defense","url":"\/28.2-513\/","token":"28.2\/II\/5\/2\/28.2-513","metadata":false},{"id":60784,"structure_id":14226,"section_number":"28.2-514","catch_line":"Possession of shucked oysters; penalty","url":"\/28.2-514\/","token":"28.2\/II\/5\/2\/28.2-514","metadata":false},{"id":76785,"structure_id":14226,"section_number":"28.2-515","catch_line":"Dredging or scraping on private ground; permit required","url":"\/28.2-515\/","token":"28.2\/II\/5\/2\/28.2-515","metadata":false},{"id":67985,"structure_id":14226,"section_number":"28.2-516","catch_line":"Oyster dredging or oyster dredging equipment on boat; penalty","url":"\/28.2-516\/","token":"28.2\/II\/5\/2\/28.2-516","metadata":false},{"id":86432,"structure_id":14226,"section_number":"28.2-517","catch_line":"Marking ground","url":"\/28.2-517\/","token":"28.2\/II\/5\/2\/28.2-517","metadata":false},{"id":80934,"structure_id":14226,"section_number":"28.2-518","catch_line":"Dredging for oysters in James River; penalty","url":"\/28.2-518\/","token":"28.2\/II\/5\/2\/28.2-518","metadata":false},{"id":56482,"structure_id":14226,"section_number":"28.2-519","catch_line":"Use of rakes or scrapes on ocean side of Eastern Shore; penalty","url":"\/28.2-519\/","token":"28.2\/II\/5\/2\/28.2-519","metadata":false},{"id":67017,"structure_id":14226,"section_number":"28.2-520","catch_line":"Use of hydraulic dredges prohibited; exceptions; penalty","url":"\/28.2-520\/","token":"28.2\/II\/5\/2\/28.2-520","metadata":false},{"id":74200,"structure_id":14226,"section_number":"28.2-521","catch_line":"Revocation of license or permit to dredge","url":"\/28.2-521\/","token":"28.2\/II\/5\/2\/28.2-521","metadata":false},{"id":75187,"structure_id":14226,"section_number":"28.2-522","catch_line":"Prima facie evidence of violation","url":"\/28.2-522\/","token":"28.2\/II\/5\/2\/28.2-522","metadata":false},{"id":79197,"structure_id":14226,"section_number":"28.2-523","catch_line":"Penalty","url":"\/28.2-523\/","token":"28.2\/II\/5\/2\/28.2-523","metadata":false},{"id":87498,"structure_id":14226,"section_number":"28.2-524","catch_line":"Taking oysters or clams in certain areas; limitations","url":"\/28.2-524\/","token":"28.2\/II\/5\/2\/28.2-524","metadata":false},{"id":82214,"structure_id":14226,"section_number":"28.2-525","catch_line":"Fishing in Chesapeake Bay immediately west of Tangier Island","url":"\/28.2-525\/","token":"28.2\/II\/5\/2\/28.2-525","metadata":false},{"id":62768,"structure_id":14226,"section_number":"28.2-526","catch_line":"Oyster measures; standards; penalty","url":"\/28.2-526\/","token":"28.2\/II\/5\/2\/28.2-526","metadata":false},{"id":59754,"structure_id":14226,"section_number":"28.2-527","catch_line":"Theft of oysters, clams, shells, etc.; penalty","url":"\/28.2-527\/","token":"28.2\/II\/5\/2\/28.2-527","metadata":false},{"id":82800,"structure_id":14226,"section_number":"28.2-528","catch_line":"Revocation of licenses for theft of oysters","url":"\/28.2-528\/","token":"28.2\/II\/5\/2\/28.2-528","metadata":false},{"id":55444,"structure_id":14226,"section_number":"28.2-529","catch_line":"Converting shells into lime; penalty","url":"\/28.2-529\/","token":"28.2\/II\/5\/2\/28.2-529","metadata":false},{"id":68980,"structure_id":14226,"section_number":"28.2-530","catch_line":"Taking oysters or loading on vessel on Sunday or at night; penalty","url":"\/28.2-530\/","token":"28.2\/II\/5\/2\/28.2-530","metadata":false},{"id":81458,"structure_id":14226,"section_number":"28.2-531","catch_line":"Taking clams on Sunday or at night; exception; penalty","url":"\/28.2-531\/","token":"28.2\/II\/5\/2\/28.2-531","metadata":false},{"id":75680,"structure_id":14226,"section_number":"28.2-532","catch_line":"Protection of oysters and clams of Virginia; labeling; penalty","url":"\/28.2-532\/","token":"28.2\/II\/5\/2\/28.2-532","metadata":false},{"id":55963,"structure_id":14226,"section_number":"28.2-533","catch_line":"Oysters on crab dredging boat; penalty","url":"\/28.2-533\/","token":"28.2\/II\/5\/2\/28.2-533","metadata":false},{"id":83637,"structure_id":14226,"section_number":"28.2-534","catch_line":"Possession of oysters while taking clams; penalty","url":"\/28.2-534\/","token":"28.2\/II\/5\/2\/28.2-534","metadata":false},{"id":67485,"structure_id":14226,"section_number":"28.2-535","catch_line":"Permit to buy or carry seed oysters from certain grounds; penalty","url":"\/28.2-535\/","token":"28.2\/II\/5\/2\/28.2-535","metadata":false},{"id":71370,"structure_id":14226,"section_number":"28.2-536","catch_line":"Taking clams in certain areas; penalty","url":"\/28.2-536\/","token":"28.2\/II\/5\/2\/28.2-536","metadata":false},{"id":61624,"structure_id":14226,"section_number":"28.2-537","catch_line":"Restriction on size of clams; penalty","url":"\/28.2-537\/","token":"28.2\/II\/5\/2\/28.2-537","metadata":false}],"previous_section":{"id":60784,"structure_id":14226,"section_number":"28.2-514","catch_line":"Possession of shucked oysters; penalty","url":"\/28.2-514\/","token":"28.2\/II\/5\/2\/28.2-514","metadata":false},"next_section":{"id":67985,"structure_id":14226,"section_number":"28.2-516","catch_line":"Oyster dredging or oyster dredging equipment on boat; penalty","url":"\/28.2-516\/","token":"28.2\/II\/5\/2\/28.2-516","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-515\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 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 1952, chapter 643; in 1954, chapter 43; in 1958, chapter 477; in 1962, chapter 406; in 1964, chapter 393; in 1968, chapter 747; in 1972, chapter 644; in 1979, chapter 274; in 1986, chapters 171 and 184; in 1992, chapter 836; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0778\">778<\/a>.<\/p>","references":false,"refers_to":[{"id":77161,"section_number":"28.2-216","catch_line":"Hearings before Commission","order_by":null,"url":"\/28.2-216\/"}],"permalink":{"id":191281,"object_type":"law","relational_id":76785,"identifier":"28.2-515","token":"28.2\/II\/5\/2\/28.2-515","url":"\/28.2-515\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-515\/","token":"28.2\/II\/5\/2\/28.2-515","dublin_core":{"Title":"Dredging or scraping on private ground; permit required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-515","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Any <span class=\"dictionary\">resident<\/span> of the Commonwealth holding under legal assignment an oyster-planting ground of at least three acres in one tract or adjoining tracts and having paid the rent may dredge or scrape his tracts at any time from sunrise until sunset, except on Sunday if the <span class=\"dictionary\">resident<\/span> has obtained from the <span class=\"dictionary\">Commission<\/span> a permit for each boat so used. The permit shall show the name of the lessee and the name or number of the boat, date of <span class=\"dictionary\">issue<\/span>, and date of expiration. The expiration date shall not be more than 12 months from the date of <span class=\"dictionary\">issue<\/span> and may be renewed for like periods. A special exemption may be granted on such a permit to allow dredging or scraping one hour prior to sunrise from June 15 to September 1, provided that the <span class=\"dictionary\">resident<\/span> notify the <span class=\"dictionary\">Commission<\/span> at least 24 hours prior to such activity. The <span class=\"dictionary\">Commission<\/span> may, after a <span class=\"dictionary\">hearing<\/span>, refuse to grant or renew a permit to dredge or scrape any oyster-planting ground unless it is proved that the holder has planted seed oysters or shells and is using the planting ground for the cultivation of oysters. The <span class=\"dictionary\">Commission<\/span> may refuse to grant the permit if it appears at the <span class=\"dictionary\">hearing<\/span> that the holder of the ground is a habitual violator of the seafood <span class=\"dictionary\">laws<\/span>. An applicant for the permit shall have the right of <span class=\"dictionary\">appeal<\/span> from any decision of the <span class=\"dictionary\">Commission<\/span> refusing to grant the permit as provided in Article 3 (\u00a7&nbsp;<a class=\"law\" title=\"Hearings before Commission\" href=\"\/28.2-216\/\">28.2-216<\/a> et seq.) of Chapter 2 of this subtitle.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDREDGING OR SCRAPING ON PRIVATE GROUND; PERMIT REQUIRED (\u00a7 28.2-515)\n\nAny resident of the Commonwealth holding under legal assignment an\noyster-planting ground of at least three acres in one tract or adjoining tracts\nand having paid the rent may dredge or scrape his tracts at any time from\nsunrise until sunset, except on Sunday if the resident has obtained from the\nCommission a permit for each boat so used. The permit shall show the name of the\nlessee and the name or number of the boat, date of issue, and date of\nexpiration. The expiration date shall not be more than 12 months from the date\nof issue and may be renewed for like periods. A special exemption may be granted\non such a permit to allow dredging or scraping one hour prior to sunrise from\nJune 15 to September 1, provided that the resident notify the Commission at\nleast 24 hours prior to such activity. The Commission may, after a hearing,\nrefuse to grant or renew a permit to dredge or scrape any oyster-planting ground\nunless it is proved that the holder has planted seed oysters or shells and is\nusing the planting ground for the cultivation of oysters. The Commission may\nrefuse to grant the permit if it appears at the hearing that the holder of the\nground is a habitual violator of the seafood laws. An applicant for the permit\nshall have the right of appeal from any decision of the Commission refusing to\ngrant the permit as provided in Article 3 (\u00a7 28.2-216 et seq.) of Chapter 2 of\nthis subtitle.\n\nHISTORY: Code 1950, \u00a7 28-158; 1950, p. 988; 1952, c. 643; 1954, c. 43; 1958, c.\n477; 1962, c. 406, \u00a7 28.1-134; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1979,\nc. 274; 1986, cc. 171, 184; 1992, c. 836; 2003, c. 778.","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}}