{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-556.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-556.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-556.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-556.html"}],"law_id":68673,"edition_id":1,"section_id":68673,"structure_id":14511,"section_number":"28.2-556","catch_line":"Erosion control devices within the Baylor survey","history":"1988, c. 308, \u00a7 28.1-101.4; 1989, c. 656; 1992, c. 836; 2001, c. 46.","full_text":"The public oyster beds, rocks, and shoals shall not include any area needed for an erosion control structure if the Commission, after considering the comments of the Virginia Institute of Marine Science and the Department of Conservation and Recreation, and any other relevant evidence, finds that: (i) shoreline erosion has occurred at the site and is expected to continue; (ii) such erosion is increasing the sediment load to public waters, causing degradation of water quality; (iii) the proposed project is a technically and environmentally acceptable way to control erosion at the site unless such Baylor ground is productive under \u00a7 28.2-630 of the Code of Virginia in which case the environmentally preferable erosion control shall be utilized; and (iv) the Commonwealth’s interest in protecting water quality by controlling erosion at the site outweighs the value of the portion of the natural oyster beds, rocks, and shoals affected by the erosion control structure. Whenever the area of the natural oyster beds, rocks, and shoals is so changed, the Commission shall make the changes on its Baylor survey charts.","order_by":null,"text":{"0":{"id":248590,"text":"The public oyster beds, rocks, and shoals shall not include any area needed for an erosion control structure if the Commission, after considering the comments of the Virginia Institute of Marine Science and the Department of Conservation and Recreation, and any other relevant evidence, finds that: (i) shoreline erosion has occurred at the site and is expected to continue; (ii) such erosion is increasing the sediment load to public waters, causing degradation of water quality; (iii) the proposed project is a technically and environmentally acceptable way to control erosion at the site unless such Baylor ground is productive under \u00a7 28.2-630 of the Code of Virginia in which case the environmentally preferable erosion control shall be utilized; and (iv) the Commonwealth’s interest in protecting water quality by controlling erosion at the site outweighs the value of the portion of the natural oyster beds, rocks, and shoals affected by the erosion control structure. Whenever the area of the natural oyster beds, rocks, and shoals is so changed, the Commission shall make the changes on its Baylor survey charts.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14511,"edition_id":1,"name":"Surveys and Resurveys","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":13617,"metadata":{},"date_created":"2026-06-26 03:48:27","date_modified":"2026-06-26 03:48:27","permalink":{"id":191419,"object_type":"structure","relational_id":14511,"identifier":"4","token":"28.2\/II\/5\/4","url":"\/28.2\/II\/5\/4\/","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":58956,"structure_id":14511,"section_number":"28.2-551","catch_line":"Surveys and reports as conclusive evidence","url":"\/28.2-551\/","token":"28.2\/II\/5\/4\/28.2-551","metadata":false},{"id":60429,"structure_id":14511,"section_number":"28.2-551.1","catch_line":"Continuing or reestablishing historic Baylor Survey lines","url":"\/28.2-551.1\/","token":"28.2\/II\/5\/4\/28.2-551.1","metadata":false},{"id":76771,"structure_id":14511,"section_number":"28.2-552","catch_line":"Resurvey on motion of Commission or on application of citizens","url":"\/28.2-552\/","token":"28.2\/II\/5\/4\/28.2-552","metadata":false},{"id":86985,"structure_id":14511,"section_number":"28.2-553","catch_line":"Reestablishment of lines of Baylor survey; procedure; evidence of reestablished lines","url":"\/28.2-553\/","token":"28.2\/II\/5\/4\/28.2-553","metadata":false},{"id":85264,"structure_id":14511,"section_number":"28.2-554","catch_line":"Sale of Baylor survey charts and plats","url":"\/28.2-554\/","token":"28.2\/II\/5\/4\/28.2-554","metadata":false},{"id":78827,"structure_id":14511,"section_number":"28.2-555","catch_line":"Crossings of Baylor survey","url":"\/28.2-555\/","token":"28.2\/II\/5\/4\/28.2-555","metadata":false},{"id":68673,"structure_id":14511,"section_number":"28.2-556","catch_line":"Erosion control devices within the Baylor survey","url":"\/28.2-556\/","token":"28.2\/II\/5\/4\/28.2-556","metadata":false},{"id":66662,"structure_id":14511,"section_number":"28.2-557","catch_line":"Unlawful to threaten or hinder surveyor; rights of surveyor; penalty","url":"\/28.2-557\/","token":"28.2\/II\/5\/4\/28.2-557","metadata":false},{"id":55934,"structure_id":14511,"section_number":"28.2-558","catch_line":"Placing permanent markers","url":"\/28.2-558\/","token":"28.2\/II\/5\/4\/28.2-558","metadata":false},{"id":58595,"structure_id":14511,"section_number":"28.2-559","catch_line":"Removal of oysters planted by mistake","url":"\/28.2-559\/","token":"28.2\/II\/5\/4\/28.2-559","metadata":false},{"id":73981,"structure_id":14511,"section_number":"28.2-560","catch_line":"Larceny of oysters and shells; penalty","url":"\/28.2-560\/","token":"28.2\/II\/5\/4\/28.2-560","metadata":false},{"id":74152,"structure_id":14511,"section_number":"28.2-561","catch_line":"Removal of markers of planting grounds; penalty","url":"\/28.2-561\/","token":"28.2\/II\/5\/4\/28.2-561","metadata":false},{"id":77160,"structure_id":14511,"section_number":"28.2-562","catch_line":"Maps to be filed; evidential value","url":"\/28.2-562\/","token":"28.2\/II\/5\/4\/28.2-562","metadata":false}],"previous_section":{"id":78827,"structure_id":14511,"section_number":"28.2-555","catch_line":"Crossings of Baylor survey","url":"\/28.2-555\/","token":"28.2\/II\/5\/4\/28.2-555","metadata":false},"next_section":{"id":66662,"structure_id":14511,"section_number":"28.2-557","catch_line":"Unlawful to threaten or hinder surveyor; rights of surveyor; penalty","url":"\/28.2-557\/","token":"28.2\/II\/5\/4\/28.2-557","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-556\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 308 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 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1989, chapter 656; in 1992, chapter 836; in 2001, chapter 46<\/a>.<\/p>","references":false,"refers_to":[{"id":58202,"section_number":"28.2-630","catch_line":"Rights of riparian owners to build bulkhead or wharf","order_by":null,"url":"\/28.2-630\/"}],"permalink":{"id":191445,"object_type":"law","relational_id":68673,"identifier":"28.2-556","token":"28.2\/II\/5\/4\/28.2-556","url":"\/28.2-556\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-556\/","token":"28.2\/II\/5\/4\/28.2-556","dublin_core":{"Title":"Erosion control devices within the Baylor survey","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-556","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The public oyster beds, rocks, and shoals<\/span> shall not include any area needed for an erosion control structure if the Commission<\/span>, after considering the comments of the Virginia Institute of Marine Science and the Department of Conservation and Recreation, and any other relevant evidence<\/span>, finds that: (i) shoreline erosion has occurred at the site and is expected to continue; (ii) such erosion is increasing the sediment load to public waters, causing degradation of water quality; (iii) the proposed project is a technically and environmentally acceptable way to control erosion at the site unless such Baylor ground is productive under \u00a7 28.2-630<\/a> of the Code of Virginia in which case the environmentally preferable erosion control shall be utilized; and (iv) the Commonwealth’s interest in protecting water quality by controlling erosion at the site outweighs the value of the portion of the natural oyster beds, rocks, and shoals<\/span> affected by the erosion control structure. Whenever the area of the natural oyster beds, rocks, and shoals<\/span> is so changed, the Commission<\/span> shall make the changes on its Baylor survey charts.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEROSION CONTROL DEVICES WITHIN THE BAYLOR SURVEY (\u00a7 28.2-556)\n\nThe public oyster beds, rocks, and shoals shall not include any area needed for\nan erosion control structure if the Commission, after considering the comments\nof the Virginia Institute of Marine Science and the Department of Conservation\nand Recreation, and any other relevant evidence, finds that: (i) shoreline\nerosion has occurred at the site and is expected to continue; (ii) such erosion\nis increasing the sediment load to public waters, causing degradation of water\nquality; (iii) the proposed project is a technically and environmentally\nacceptable way to control erosion at the site unless such Baylor ground is\nproductive under \u00a7 28.2-630 of the Code of Virginia in which case the\nenvironmentally preferable erosion control shall be utilized; and (iv) the\nCommonwealth’s interest in protecting water quality by controlling erosion\nat the site outweighs the value of the portion of the natural oyster beds,\nrocks, and shoals affected by the erosion control structure. Whenever the area\nof the natural oyster beds, rocks, and shoals is so changed, the Commission\nshall make the changes on its Baylor survey charts.\n\nHISTORY: 1988, c. 308, \u00a7 28.1-101.4; 1989, c. 656; 1992, c. 836; 2001, c. 46.","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}}