{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-603.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-603.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-603.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-603.2.html"}],"law_id":67272,"edition_id":1,"section_id":67272,"structure_id":14428,"section_number":"28.2-603.2","catch_line":"Commissioner to provide notice","history":"2007, cc. 28, 170.","full_text":"A\n\nAt least 30 days before placing temporary protective enclosures on a leasehold pursuant to § 28.2-603.1, the leaseholder shall provide written notification to the Commissioner that identifies the leasehold, the approximate maximum number of enclosures to be placed on the leasehold at any given time, and the estimated date such placement will begin. No later than 30 days after receiving such notification, the Commissioner may publish notice of the proposed placement in a newspaper of general circulation serving the area in which the leasehold is located. In determining whether to publish such notice, the Commissioner shall consider the potential effect on existing uses of waters proximate to the leasehold and the potential for conflict between the proposed placement and such uses. The public notice shall invite written comment on the proposed placement and include information concerning the submission of written comments. The Commission may receive written comments for no more than 30 days following publication of notice.B\n\nIf, on the basis of written comments, the Commissioner finds significant and substantive opposition from persons residing on or using the waters proximate to the leasehold, the Commissioner shall convene a public meeting on the proposal no more than 30 days after the close of the comment period. No later than 15 days after the public meeting, the Commissioner shall (i) approve the proposal, (ii) approve the proposal with conditions, or (iii) deny the proposal. If the Commissioner denies the proposal, the leaseholder may request approval of the proposal before a hearing of the Commission.C\n\nIf the Commissioner determines not to publish public notice, the Commissioner shall, no later than 30 days after receiving written notification of the proposal, advise the leaseholder to proceed in accordance with the requirements of the general permit. If the Commissioner publishes public notice but does not find significant and substantive opposition by persons residing on or using the waters to the leasehold, the Commissioner shall, no later than 15 days after the close of the comment period, advise the leaseholder to proceed in accordance with the requirements of the general permit.","order_by":null,"text":{"0":{"id":243817,"text":"At least 30 days before placing temporary protective enclosures on a leasehold pursuant to § 28.2-603.1, the leaseholder shall provide written notification to the Commissioner that identifies the leasehold, the approximate maximum number of enclosures to be placed on the leasehold at any given time, and the estimated date such placement will begin. No later than 30 days after receiving such notification, the Commissioner may publish notice of the proposed placement in a newspaper of general circulation serving the area in which the leasehold is located. In determining whether to publish such notice, the Commissioner shall consider the potential effect on existing uses of waters proximate to the leasehold and the potential for conflict between the proposed placement and such uses. The public notice shall invite written comment on the proposed placement and include information concerning the submission of written comments. The Commission may receive written comments for no more than 30 days following publication of notice.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":243818,"text":"If, on the basis of written comments, the Commissioner finds significant and substantive opposition from persons residing on or using the waters proximate to the leasehold, the Commissioner shall convene a public meeting on the proposal no more than 30 days after the close of the comment period. No later than 15 days after the public meeting, the Commissioner shall (i) approve the proposal, (ii) approve the proposal with conditions, or (iii) deny the proposal. If the Commissioner denies the proposal, the leaseholder may request approval of the proposal before a hearing of the Commission.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":243819,"text":"If the Commissioner determines not to publish public notice, the Commissioner shall, no later than 30 days after receiving written notification of the proposal, advise the leaseholder to proceed in accordance with the requirements of the general permit. If the Commissioner publishes public notice but does not find significant and substantive opposition by persons residing on or using the waters to the leasehold, the Commissioner shall, no later than 15 days after the close of the comment period, advise the leaseholder to proceed in accordance with the requirements of the general permit.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-603.2\/","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":false,"refers_to":[{"id":56624,"section_number":"28.2-603.1","catch_line":"Temporary enclosures on leased ground","order_by":null,"url":"\/28.2-603.1\/"}],"permalink":{"id":191499,"object_type":"law","relational_id":67272,"identifier":"28.2-603.2","token":"28.2\/II\/6\/2\/28.2-603.2","url":"\/28.2-603.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-603.2\/","token":"28.2\/II\/6\/2\/28.2-603.2","dublin_core":{"Title":"Commissioner to provide notice","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-603.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> At least 30 days before placing temporary protective enclosures on a leasehold pursuant to § 28.2-603.1<\/a>, the leaseholder shall provide written notification to the Commissioner<\/span> that identifies the leasehold, the approximate maximum number of enclosures to be placed on the leasehold at any given time, and the estimated date such placement will begin. No later than 30 days after receiving such notification, the Commissioner<\/span> may publish notice of the proposed placement in a newspaper of general circulation serving the area in which the leasehold is located. In determining whether to publish such notice, the Commissioner<\/span> shall consider the potential effect on existing uses of waters proximate to the leasehold and the potential for conflict between the proposed placement and such uses. The public notice shall invite written comment on the proposed placement and include information concerning the submission of written comments. The Commission<\/span> may receive written comments for no more than 30 days following publication of notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If, on the basis of written comments, the Commissioner<\/span> finds significant and substantive opposition from persons residing on or using the waters proximate to the leasehold, the Commissioner<\/span> shall convene a public meeting on the proposal no more than 30 days after the close of the comment period. No later than 15 days after the public meeting, the Commissioner<\/span> shall (i) approve the proposal, (ii) approve the proposal with conditions, or (iii) deny the proposal. If the Commissioner<\/span> denies the proposal, the leaseholder may request approval of the proposal before a hearing<\/span> of the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the Commissioner<\/span> determines not to publish public notice, the Commissioner<\/span> shall, no later than 30 days after receiving written notification of the proposal, advise the leaseholder to proceed in accordance with the requirements of the general permit. If the Commissioner<\/span> publishes public notice but does not find significant and substantive opposition by persons residing on or using the waters to the leasehold, the Commissioner<\/span> shall, no later than 15 days after the close of the comment period, advise the leaseholder to proceed in accordance with the requirements of the general permit. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMISSIONER TO PROVIDE NOTICE (\u00a7 28.2-603.2)\n\nA. At least 30 days before placing temporary protective enclosures on a\nleasehold pursuant to § 28.2-603.1, the leaseholder shall provide written\nnotification to the Commissioner that identifies the leasehold, the approximate\nmaximum number of enclosures to be placed on the leasehold at any given time,\nand the estimated date such placement will begin. No later than 30 days after\nreceiving such notification, the Commissioner may publish notice of the proposed\nplacement in a newspaper of general circulation serving the area in which the\nleasehold is located. In determining whether to publish such notice, the\nCommissioner shall consider the potential effect on existing uses of waters\nproximate to the leasehold and the potential for conflict between the proposed\nplacement and such uses. The public notice shall invite written comment on the\nproposed placement and include information concerning the submission of written\ncomments. The Commission may receive written comments for no more than 30 days\nfollowing publication of notice.\n\nB. If, on the basis of written comments, the Commissioner finds significant and\nsubstantive opposition from persons residing on or using the waters proximate to\nthe leasehold, the Commissioner shall convene a public meeting on the proposal\nno more than 30 days after the close of the comment period. No later than 15\ndays after the public meeting, the Commissioner shall (i) approve the proposal,\n(ii) approve the proposal with conditions, or (iii) deny the proposal. If the\nCommissioner denies the proposal, the leaseholder may request approval of the\nproposal before a hearing of the Commission.\n\nC. If the Commissioner determines not to publish public notice, the Commissioner\nshall, no later than 30 days after receiving written notification of the\nproposal, advise the leaseholder to proceed in accordance with the requirements\nof the general permit. If the Commissioner publishes public notice but does not\nfind significant and substantive opposition by persons residing on or using the\nwaters to the leasehold, the Commissioner shall, no later than 15 days after the\nclose of the comment period, advise the leaseholder to proceed in accordance\nwith the requirements 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}}