{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-629.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-629.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-629.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-629.html"}],"law_id":76592,"edition_id":1,"section_id":76592,"structure_id":13589,"section_number":"28.2-629","catch_line":"Rights of owner to waters within lawful survey","history":"Code 1950, \u00a7 28-132; 1962, c. 406, \u00a7 28.1-116; 1964, c. 393; 1966, c. 656; 1968, cc. 659, 747; 1972, c. 539; 1992, c. 836.","full_text":"If any creek, cove, or inlet within the jurisdiction of this Commonwealth flows into or runs through the lands of any person, is less than 100 yards in width at mean low water, and is comprised within the limits of his lawful survey, as defined in \u00a7 28.2-1202, such person or other lawful occupant shall have the exclusive right to use the creek, cove, or inlet for sowing or planting oysters or other shellfish. However, in the County of Mathews the owners or lawful occupants of land on both sides of any creek, cove, or inlet, except Horn Harbor, Winter Harbor, and Milford Haven, suitable for the planting of oysters, above the point where such creek, cove, or inlet is 100 yards in width, shall have the exclusive right to use such creek, cove, or inlet for planting oysters. The right of the owners or occupants of land on the opposite sides of such creek, cove, or inlet extends to the middle of the channel.","order_by":null,"text":{"0":{"id":274955,"text":"If any creek, cove, or inlet within the jurisdiction of this Commonwealth flows into or runs through the lands of any person, is less than 100 yards in width at mean low water, and is comprised within the limits of his lawful survey, as defined in \u00a7 28.2-1202, such person or other lawful occupant shall have the exclusive right to use the creek, cove, or inlet for sowing or planting oysters or other shellfish. However, in the County of Mathews the owners or lawful occupants of land on both sides of any creek, cove, or inlet, except Horn Harbor, Winter Harbor, and Milford Haven, suitable for the planting of oysters, above the point where such creek, cove, or inlet is 100 yards in width, shall have the exclusive right to use such creek, cove, or inlet for planting oysters. The right of the owners or occupants of land on the opposite sides of such creek, cove, or inlet extends to the middle of the channel.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13589,"edition_id":1,"name":"Assignment, Transfer, Condemnation; Other Grounds","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13588,"metadata":{},"date_created":"2026-06-26 03:45:20","date_modified":"2026-06-26 03:45:20","permalink":{"id":191579,"object_type":"structure","relational_id":13589,"identifier":"3","token":"28.2\/II\/6\/3","url":"\/28.2\/II\/6\/3\/","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":57077,"structure_id":13589,"section_number":"28.2-623","catch_line":"Excusing rent payment on condemned oyster grounds in the Lynnhaven River and tributaries","url":"\/28.2-623\/","token":"28.2\/II\/6\/3\/28.2-623","metadata":false},{"id":66892,"structure_id":13589,"section_number":"28.2-624","catch_line":"Public rocks, etc., not to be used or staked off; penalty","url":"\/28.2-624\/","token":"28.2\/II\/6\/3\/28.2-624","metadata":false},{"id":78178,"structure_id":13589,"section_number":"28.2-625","catch_line":"Transfer or assignment","url":"\/28.2-625\/","token":"28.2\/II\/6\/3\/28.2-625","metadata":false},{"id":54555,"structure_id":13589,"section_number":"28.2-626","catch_line":"Refund of rent paid under mistake","url":"\/28.2-626\/","token":"28.2\/II\/6\/3\/28.2-626","metadata":false},{"id":62855,"structure_id":13589,"section_number":"28.2-627","catch_line":"Relief from rent","url":"\/28.2-627\/","token":"28.2\/II\/6\/3\/28.2-627","metadata":false},{"id":64403,"structure_id":13589,"section_number":"28.2-627.1","catch_line":"Oyster Leasing, Conservation, and Repletion Programs Fund","url":"\/28.2-627.1\/","token":"28.2\/II\/6\/3\/28.2-627.1","metadata":false},{"id":82773,"structure_id":13589,"section_number":"28.2-628","catch_line":"Condemnation of oyster bottoms and grounds","url":"\/28.2-628\/","token":"28.2\/II\/6\/3\/28.2-628","metadata":false},{"id":76592,"structure_id":13589,"section_number":"28.2-629","catch_line":"Rights of owner to waters within lawful survey","url":"\/28.2-629\/","token":"28.2\/II\/6\/3\/28.2-629","metadata":false},{"id":58202,"structure_id":13589,"section_number":"28.2-630","catch_line":"Rights of riparian owners to build bulkhead or wharf","url":"\/28.2-630\/","token":"28.2\/II\/6\/3\/28.2-630","metadata":false},{"id":83288,"structure_id":13589,"section_number":"28.2-631","catch_line":"Grounds for clams","url":"\/28.2-631\/","token":"28.2\/II\/6\/3\/28.2-631","metadata":false},{"id":57310,"structure_id":13589,"section_number":"28.2-632","catch_line":"Public clamming grounds","url":"\/28.2-632\/","token":"28.2\/II\/6\/3\/28.2-632","metadata":false},{"id":57235,"structure_id":13589,"section_number":"28.2-633","catch_line":"Bathing grounds; assignment; rental","url":"\/28.2-633\/","token":"28.2\/II\/6\/3\/28.2-633","metadata":false}],"previous_section":{"id":82773,"structure_id":13589,"section_number":"28.2-628","catch_line":"Condemnation of oyster bottoms and grounds","url":"\/28.2-628\/","token":"28.2\/II\/6\/3\/28.2-628","metadata":false},"next_section":{"id":58202,"structure_id":13589,"section_number":"28.2-630","catch_line":"Rights of riparian owners to build bulkhead or wharf","url":"\/28.2-630\/","token":"28.2\/II\/6\/3\/28.2-630","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-629\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1962, chapter 406; in 1964, chapter 393; in 1966, chapter 656; in 1968, chapters 659 and 747; in 1972, chapter 539; in 1992, chapter 836.<\/p>","references":false,"refers_to":[{"id":74996,"section_number":"28.2-1202","catch_line":"Rights of owners to extend to mean low-water mark","order_by":null,"url":"\/28.2-1202\/"}],"permalink":{"id":191609,"object_type":"law","relational_id":76592,"identifier":"28.2-629","token":"28.2\/II\/6\/3\/28.2-629","url":"\/28.2-629\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-629\/","token":"28.2\/II\/6\/3\/28.2-629","dublin_core":{"Title":"Rights of owner to waters within lawful survey","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-629","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If any creek, cove, or inlet within the jurisdiction<\/span> of this Commonwealth flows into or runs through the lands of any person, is less than 100 yards in width at mean low water, and is comprised within the limits of his lawful survey, as defined in \u00a7 28.2-1202<\/a>, such person or other lawful occupant shall have the exclusive right to use the creek, cove, or inlet for sowing or planting oysters or other shellfish<\/span>. However, in the County of Mathews the owners or lawful occupants of land on both sides of any creek, cove, or inlet, except Horn Harbor, Winter Harbor, and Milford Haven, suitable for the planting of oysters, above the point where such creek, cove, or inlet is 100 yards in width, shall have the exclusive right to use such creek, cove, or inlet for planting oysters. The right of the owners or occupants of land on the opposite sides of such creek, cove, or inlet extends to the middle of the channel.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHTS OF OWNER TO WATERS WITHIN LAWFUL SURVEY (\u00a7 28.2-629)\n\nIf any creek, cove, or inlet within the jurisdiction of this Commonwealth flows\ninto or runs through the lands of any person, is less than 100 yards in width at\nmean low water, and is comprised within the limits of his lawful survey, as\ndefined in \u00a7 28.2-1202, such person or other lawful occupant shall have the\nexclusive right to use the creek, cove, or inlet for sowing or planting oysters\nor other shellfish. However, in the County of Mathews the owners or lawful\noccupants of land on both sides of any creek, cove, or inlet, except Horn\nHarbor, Winter Harbor, and Milford Haven, suitable for the planting of oysters,\nabove the point where such creek, cove, or inlet is 100 yards in width, shall\nhave the exclusive right to use such creek, cove, or inlet for planting oysters.\nThe right of the owners or occupants of land on the opposite sides of such\ncreek, cove, or inlet extends to the middle of the channel.\n\nHISTORY: Code 1950, \u00a7 28-132; 1962, c. 406, \u00a7 28.1-116; 1964, c. 393; 1966, c.\n656; 1968, cc. 659, 747; 1972, c. 539; 1992, c. 836.","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}}