{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-603.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-603.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-603.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-603.1.html"}],"law_id":56624,"edition_id":1,"section_id":56624,"structure_id":14428,"section_number":"28.2-603.1","catch_line":"Temporary enclosures on leased ground","history":"2007, cc. 28, 170.","full_text":"The Commission shall, pursuant to its authority to regulate marine fisheries and commercial fishing, establish a general permit regulation authorizing the use of temporary protective enclosures to grow shellfish on grounds leased pursuant to \u00a7 28.2-603. In developing the general permit, the Commission shall consider those factors set forth in subsection A of \u00a7 28.2-1205. In addition to such other requirements as the Commission may prescribe for the protection of public safety, navigation, natural resources, and the environment, the general permit shall include the following provisions:\n\n1\n\nLeaseholders shall comply with any Commission requirements pertaining to aquaculture licensing;2\n\nEnclosures shall be constructed of nontoxic materials;3\n\nLeaseholders shall not place enclosures (i) in or upon submerged aquatic vegetation, (ii) in any marked navigation channel or in any other area that would create a hazard, or (iii) in any area that would impede customary access to navigable waters from any riparian property, public or commercial landing, or marina facility;4\n\nThe location of enclosures shall be clearly marked to alert boaters and to allow the leaseholder or other authorized persons to retrieve the enclosures if necessary. The general permit regulation shall specify acceptable means and devices for complying with this requirement;5\n\nLeaseholders shall maintain a list identifying those leases on which enclosures are placed during the term of the lease and provide, upon request, a current copy of the list to authorized representatives of the Commission. Leaseholders shall also submit such list to be filed with any application for lease renewal made pursuant to § 28.2-613;6\n\nLeaseholders shall promptly remove any enclosure that is not actively in use for the planting and propagating of shellfish, and, upon expiration or termination of a lease or of the leaseholder’s aquaculture license, the leaseholder shall promptly remove all enclosures placed on the leasehold; and7\n\nAt his discretion, the Commissioner may order the removal or relocation of any enclosure that interferes with navigation, creates a hazard, or otherwise fails to comply with the conditions of the general permit.","order_by":null,"text":{"0":{"id":207200,"text":"The Commission shall, pursuant to its authority to regulate marine fisheries and commercial fishing, establish a general permit regulation authorizing the use of temporary protective enclosures to grow shellfish on grounds leased pursuant to \u00a7 28.2-603. In developing the general permit, the Commission shall consider those factors set forth in subsection A of \u00a7 28.2-1205. In addition to such other requirements as the Commission may prescribe for the protection of public safety, navigation, natural resources, and the environment, the general permit shall include the following provisions:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":207201,"text":"Leaseholders shall comply with any Commission requirements pertaining to aquaculture licensing;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":207202,"text":"Enclosures shall be constructed of nontoxic materials;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":207203,"text":"Leaseholders shall not place enclosures (i) in or upon submerged aquatic vegetation, (ii) in any marked navigation channel or in any other area that would create a hazard, or (iii) in any area that would impede customary access to navigable waters from any riparian property, public or commercial landing, or marina facility;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":207204,"text":"The location of enclosures shall be clearly marked to alert boaters and to allow the leaseholder or other authorized persons to retrieve the enclosures if necessary. The general permit regulation shall specify acceptable means and devices for complying with this requirement;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":207205,"text":"Leaseholders shall maintain a list identifying those leases on which enclosures are placed during the term of the lease and provide, upon request, a current copy of the list to authorized representatives of the Commission. Leaseholders shall also submit such list to be filed with any application for lease renewal made pursuant to § 28.2-613;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":207206,"text":"Leaseholders shall promptly remove any enclosure that is not actively in use for the planting and propagating of shellfish, and, upon expiration or termination of a lease or of the leaseholder’s aquaculture license, the leaseholder shall promptly remove all enclosures placed on the leasehold; and","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":207207,"text":"At his discretion, the Commissioner may order the removal or relocation of any enclosure that interferes with navigation, creates a hazard, or otherwise fails to comply with the conditions of the general permit.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6"}},"ancestry":[{"id":14428,"edition_id":1,"name":"General Oyster-Planting Grounds","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13588,"metadata":{},"date_created":"2026-06-26 03:48:07","date_modified":"2026-06-26 03:48:07","permalink":{"id":191489,"object_type":"structure","relational_id":14428,"identifier":"2","token":"28.2\/II\/6\/2","url":"\/28.2\/II\/6\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13588,"edition_id":1,"name":"Planting Grounds","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 03:45:20","date_modified":"2026-06-26 03:45:20","permalink":{"id":191473,"object_type":"structure","relational_id":13588,"identifier":"6","token":"28.2\/II\/6","url":"\/28.2\/II\/6\/","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":56169,"structure_id":14428,"section_number":"28.2-603","catch_line":"General oyster planting grounds","url":"\/28.2-603\/","token":"28.2\/II\/6\/2\/28.2-603","metadata":false},{"id":56624,"structure_id":14428,"section_number":"28.2-603.1","catch_line":"Temporary enclosures on leased ground","url":"\/28.2-603.1\/","token":"28.2\/II\/6\/2\/28.2-603.1","metadata":false},{"id":67272,"structure_id":14428,"section_number":"28.2-603.2","catch_line":"Commissioner to provide notice","url":"\/28.2-603.2\/","token":"28.2\/II\/6\/2\/28.2-603.2","metadata":false},{"id":77807,"structure_id":14428,"section_number":"28.2-604","catch_line":"Eligible applicants","url":"\/28.2-604\/","token":"28.2\/II\/6\/2\/28.2-604","metadata":false},{"id":64228,"structure_id":14428,"section_number":"28.2-605","catch_line":"Application for assignment","url":"\/28.2-605\/","token":"28.2\/II\/6\/2\/28.2-605","metadata":false},{"id":57279,"structure_id":14428,"section_number":"28.2-606","catch_line":"Notice of application","url":"\/28.2-606\/","token":"28.2\/II\/6\/2\/28.2-606","metadata":false},{"id":83801,"structure_id":14428,"section_number":"28.2-607","catch_line":"Survey and marking of ground","url":"\/28.2-607\/","token":"28.2\/II\/6\/2\/28.2-607","metadata":false},{"id":62276,"structure_id":14428,"section_number":"28.2-608","catch_line":"Application, surveying, and recording fees","url":"\/28.2-608\/","token":"28.2\/II\/6\/2\/28.2-608","metadata":false},{"id":75529,"structure_id":14428,"section_number":"28.2-609","catch_line":"Restrictions on assigned acreage and applications","url":"\/28.2-609\/","token":"28.2\/II\/6\/2\/28.2-609","metadata":false},{"id":64171,"structure_id":14428,"section_number":"28.2-610","catch_line":"Restriction on acreage owned or operated","url":"\/28.2-610\/","token":"28.2\/II\/6\/2\/28.2-610","metadata":false},{"id":72847,"structure_id":14428,"section_number":"28.2-611","catch_line":"Application for general planting ground in Chesapeake Bay; acreage allowed; annual rental","url":"\/28.2-611\/","token":"28.2\/II\/6\/2\/28.2-611","metadata":false},{"id":75126,"structure_id":14428,"section_number":"28.2-612","catch_line":"Payment of annual rental; penalty for default","url":"\/28.2-612\/","token":"28.2\/II\/6\/2\/28.2-612","metadata":false},{"id":80805,"structure_id":14428,"section_number":"28.2-613","catch_line":"Duration of lease","url":"\/28.2-613\/","token":"28.2\/II\/6\/2\/28.2-613","metadata":false},{"id":79543,"structure_id":14428,"section_number":"28.2-614","catch_line":"Requiring lessee or transferor to have ground surveyed and plat recorded; canceling lease for failure of lessee to have survey","url":"\/28.2-614\/","token":"28.2\/II\/6\/2\/28.2-614","metadata":false},{"id":55790,"structure_id":14428,"section_number":"28.2-615","catch_line":"Payment of costs for service, etc","url":"\/28.2-615\/","token":"28.2\/II\/6\/2\/28.2-615","metadata":false},{"id":58866,"structure_id":14428,"section_number":"28.2-616","catch_line":"Possession gives no preference as to assignment","url":"\/28.2-616\/","token":"28.2\/II\/6\/2\/28.2-616","metadata":false},{"id":71612,"structure_id":14428,"section_number":"28.2-617","catch_line":"Recordation of plat","url":"\/28.2-617\/","token":"28.2\/II\/6\/2\/28.2-617","metadata":false},{"id":83766,"structure_id":14428,"section_number":"28.2-618","catch_line":"(Effective July 1, 2035) Commonwealth guarantees rights of renter subject to right of fishing","url":"\/28.2-618\/","token":"28.2\/II\/6\/2\/28.2-618","metadata":false},{"id":69842,"structure_id":14428,"section_number":"28.2-619","catch_line":"When leases become vacant","url":"\/28.2-619\/","token":"28.2\/II\/6\/2\/28.2-619","metadata":false},{"id":75737,"structure_id":14428,"section_number":"28.2-620","catch_line":"Delinquent ground","url":"\/28.2-620\/","token":"28.2\/II\/6\/2\/28.2-620","metadata":false},{"id":71187,"structure_id":14428,"section_number":"28.2-621","catch_line":"Effect of proposal for navigation project","url":"\/28.2-621\/","token":"28.2\/II\/6\/2\/28.2-621","metadata":false},{"id":62437,"structure_id":14428,"section_number":"28.2-622","catch_line":"Consolidation of lease","url":"\/28.2-622\/","token":"28.2\/II\/6\/2\/28.2-622","metadata":false}],"previous_section":{"id":56169,"structure_id":14428,"section_number":"28.2-603","catch_line":"General oyster planting grounds","url":"\/28.2-603\/","token":"28.2\/II\/6\/2\/28.2-603","metadata":false},"next_section":{"id":67272,"structure_id":14428,"section_number":"28.2-603.2","catch_line":"Commissioner to provide notice","url":"\/28.2-603.2\/","token":"28.2\/II\/6\/2\/28.2-603.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-603.1\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapters 28<\/a> and 170<\/a> 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.<\/p>","references":[{"id":67272,"section_number":"28.2-603.2","catch_line":"Commissioner to provide notice","order_by":null,"url":"\/28.2-603.2\/"}],"refers_to":[{"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":56169,"section_number":"28.2-603","catch_line":"General oyster planting grounds","order_by":null,"url":"\/28.2-603\/"},{"id":80805,"section_number":"28.2-613","catch_line":"Duration of lease","order_by":null,"url":"\/28.2-613\/"}],"permalink":{"id":191495,"object_type":"law","relational_id":56624,"identifier":"28.2-603.1","token":"28.2\/II\/6\/2\/28.2-603.1","url":"\/28.2-603.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-603.1\/","token":"28.2\/II\/6\/2\/28.2-603.1","dublin_core":{"Title":"Temporary enclosures on leased ground","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-603.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Commission<\/span> shall, pursuant to its authority to regulate marine fisheries<\/span> and commercial fishing<\/span>, establish a general permit regulation authorizing the use of temporary protective enclosures to grow shellfish<\/span> on grounds leased pursuant to \u00a7 28.2-603<\/a>. In developing the general permit, the Commission<\/span> shall consider those factors set forth in subsection A of \u00a7 28.2-1205<\/a>. In addition to such other requirements as the Commission<\/span> may prescribe for the protection of public safety, navigation, natural resources, and the environment, the general permit shall include the following provisions:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Leaseholders shall comply with any Commission<\/span> requirements pertaining to aquaculture licensing; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Enclosures shall be constructed of nontoxic materials<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Leaseholders shall not place enclosures (i) in or upon submerged aquatic vegetation, (ii) in any marked navigation channel or in any other area that would create a hazard, or (iii) in any area that would impede customary access to navigable waters from any riparian property, public or commercial landing, or marina facility; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The location of enclosures shall be clearly marked to alert boaters and to allow the leaseholder or other authorized persons to retrieve the enclosures if necessary. The general permit regulation shall specify acceptable means and devices for complying with this requirement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Leaseholders shall maintain a list identifying those leases on which enclosures are placed during the term of the lease and provide, upon request, a current copy of the list to authorized representatives of the Commission<\/span>. Leaseholders shall also submit such list to be filed with any application for lease renewal made pursuant to § 28.2-613<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Leaseholders shall promptly remove any enclosure that is not actively in use for the planting and propagating of shellfish<\/span>, and, upon expiration or termination of a lease or of the leaseholder’s aquaculture license, the leaseholder shall promptly remove all enclosures placed on the leasehold; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> At his discretion, the Commissioner<\/span> may order<\/span> the removal or relocation of any enclosure that interferes with navigation, creates a hazard, or otherwise fails to comply with the conditions of the general permit. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTEMPORARY ENCLOSURES ON LEASED GROUND (\u00a7 28.2-603.1)\n\nThe Commission shall, pursuant to its authority to regulate marine fisheries and\ncommercial fishing, establish a general permit regulation authorizing the use of\ntemporary protective enclosures to grow shellfish on grounds leased pursuant to\n\u00a7 28.2-603. In developing the general permit, the Commission shall consider\nthose factors set forth in subsection A of \u00a7 28.2-1205. In addition to such\nother requirements as the Commission may prescribe for the protection of public\nsafety, navigation, natural resources, and the environment, the general permit\nshall include the following provisions:\n\n1. Leaseholders shall comply with any Commission requirements pertaining to\naquaculture licensing;\n\n2. Enclosures shall be constructed of nontoxic materials;\n\n3. Leaseholders shall not place enclosures (i) in or upon submerged aquatic\nvegetation, (ii) in any marked navigation channel or in any other area that\nwould create a hazard, or (iii) in any area that would impede customary access\nto navigable waters from any riparian property, public or commercial landing, or\nmarina facility;\n\n4. The location of enclosures shall be clearly marked to alert boaters and to\nallow the leaseholder or other authorized persons to retrieve the enclosures if\nnecessary. The general permit regulation shall specify acceptable means and\ndevices for complying with this requirement;\n\n5. Leaseholders shall maintain a list identifying those leases on which\nenclosures are placed during the term of the lease and provide, upon request, a\ncurrent copy of the list to authorized representatives of the Commission.\nLeaseholders shall also submit such list to be filed with any application for\nlease renewal made pursuant to § 28.2-613;\n\n6. Leaseholders shall promptly remove any enclosure that is not actively in use\nfor the planting and propagating of shellfish, and, upon expiration or\ntermination of a lease or of the leaseholder’s aquaculture license, the\nleaseholder shall promptly remove all enclosures placed on the leasehold; and\n\n7. At his discretion, the Commissioner may order the removal or relocation of\nany enclosure that interferes with navigation, creates a hazard, or otherwise\nfails to comply with the conditions of the general permit.\n\nHISTORY: 2007, cc. 28, 170.","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}}