{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-607.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-607.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-607.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-607.html"}],"law_id":83801,"edition_id":1,"section_id":83801,"structure_id":14428,"section_number":"28.2-607","catch_line":"Survey and marking of ground","history":"Code 1950, \u00a7 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406, \u00a7 28.1-109(6); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973, c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1992, c. 836; 2019, c. 164.","full_text":"If a protest is not filed in the Commission office within 60 days after posting of the notice of application, the Commissioner shall select a surveyor to survey the grounds and make a plat in duplicate. The surveyor shall forward the plat of survey to the Commissioner. If no protest to the application or surveying of ground is made within 30 days after the plat of survey is recorded in the Commissioner’s office, the ground applied for shall be assigned provided that:\n\n1\n\nThe application and assignment complies with all applicable provisions of law and, in the judgment of the Commissioner, the assignment is in the public interest. In making that determination, the Commissioner shall consider (i) the factors set out in subsection A of § 28.2-1205 and (ii) the public benefits and impacts of shellfish aquaculture.2\n\nAll fees and costs and the annual rent have been paid for the lease of the ground. The ground shall be marked at the expense of the applicant.\n\t\t\tThe grounds shall be marked in accordance with Commission regulations for marking oyster grounds.","order_by":null,"text":{"0":{"id":300390,"text":"If a protest is not filed in the Commission office within 60 days after posting of the notice of application, the Commissioner shall select a surveyor to survey the grounds and make a plat in duplicate. The surveyor shall forward the plat of survey to the Commissioner. If no protest to the application or surveying of ground is made within 30 days after the plat of survey is recorded in the Commissioner’s office, the ground applied for shall be assigned provided that:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":300391,"text":"The application and assignment complies with all applicable provisions of law and, in the judgment of the Commissioner, the assignment is in the public interest. In making that determination, the Commissioner shall consider (i) the factors set out in subsection A of § 28.2-1205 and (ii) the public benefits and impacts of shellfish aquaculture.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":300392,"text":"All fees and costs and the annual rent have been paid for the lease of the ground. The ground shall be marked at the expense of the applicant.\n\t\t\tThe grounds shall be marked in accordance with Commission regulations for marking oyster grounds.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-607\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 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 1954, chapter 352; in 1958, chapter 183; in 1960, chapter 517; in 1962, chapter 406; in 1964, chapter 393; in 1966, chapter 684; in 1970, chapter 726; in 1972, chapter 644; in 1973, chapter 14; in 1978, chapters 546 and 548; in 1980, chapters 34 and 609; in 1984, chapter 259; in 1992, chapter 836; in 2019, chapter 164<\/a>.<\/p>","references":[{"id":86432,"section_number":"28.2-517","catch_line":"Marking ground","order_by":null,"url":"\/28.2-517\/"}],"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\/"}],"permalink":{"id":191515,"object_type":"law","relational_id":83801,"identifier":"28.2-607","token":"28.2\/II\/6\/2\/28.2-607","url":"\/28.2-607\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-607\/","token":"28.2\/II\/6\/2\/28.2-607","dublin_core":{"Title":"Survey and marking of ground","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-607","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If a protest is not filed in the Commission<\/span> office within 60 days after posting of the notice of application, the Commissioner<\/span> shall select a surveyor to survey the grounds and make a plat in duplicate. The surveyor shall forward the plat of survey to the Commissioner<\/span>. If no protest to the application or surveying of ground is made within 30 days after the plat of survey is recorded in the Commissioner<\/span>’s office, the ground applied for shall be assigned provided that:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The application and assignment complies with all applicable provisions of law<\/span> and, in the judgment<\/span> of the Commissioner<\/span>, the assignment is in the public interest. In making that determination, the Commissioner<\/span> shall consider (i) the factors set out in subsection A of § 28.2-1205<\/a> and (ii) the public benefits and impacts of shellfish<\/span> aquaculture. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> All fees and costs and the annual rent have been paid for the lease of the ground. The ground shall be marked at the expense of the applicant.\n\t\t\tThe grounds shall be marked in accordance with Commission<\/span> regulations for marking oyster grounds. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSURVEY AND MARKING OF GROUND (\u00a7 28.2-607)\n\nIf a protest is not filed in the Commission office within 60 days after posting\nof the notice of application, the Commissioner shall select a surveyor to survey\nthe grounds and make a plat in duplicate. The surveyor shall forward the plat of\nsurvey to the Commissioner. If no protest to the application or surveying of\nground is made within 30 days after the plat of survey is recorded in the\nCommissioner’s office, the ground applied for shall be assigned provided\nthat:\n\n1. The application and assignment complies with all applicable provisions of law\nand, in the judgment of the Commissioner, the assignment is in the public\ninterest. In making that determination, the Commissioner shall consider (i) the\nfactors set out in subsection A of § 28.2-1205 and (ii) the public benefits\nand impacts of shellfish aquaculture.\n\n2. All fees and costs and the annual rent have been paid for the lease of the\nground. The ground shall be marked at the expense of the applicant.\n\t\t\tThe grounds shall be marked in accordance with Commission regulations for\nmarking oyster grounds.\n\nHISTORY: Code 1950, \u00a7 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962,\nc. 406, \u00a7 28.1-109(6); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644;\n1973, c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1992, c. 836;\n2019, c. 164.","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}}