                                 CODE OF VIRGINIA

ESTABLISHMENT, PATROL, AND ENFORCEMENT OF STATE WATER SAFETY ZONES AND
RESTRICTED AREAS; PENALTY (§ 28.2-106.2)

A. The Commission is authorized, following consultation with the U.S. Coast
Guard and the U.S. Army Corps of Engineers, to establish, by regulation, state
water safety zones and restricted areas within the tidal waters of the
Commonwealth wherein public access shall be restricted or prohibited in the
interest of public safety. Such zones or areas shall be consistent with federal
law and made effective immediately upon establishment by the Commission. When,
in the judgment of the Commissioner, time is of the essence and circumstances
require action before a meeting of the Commission may be convened, the
Commissioner is authorized, following consultation with the U.S. Coast Guard and
the U.S. Army Corps of Engineers, to establish state water safety zones or
restricted areas, subject to ratification by the Commission at its next
regularly scheduled meeting. The provisions of the Administrative Process Act
(&#xA7; 2.2-4000 et seq.) and &#xA7;&#xA7; 28.2-209 through 28.2-215 shall not
apply to regulations promulgated under this section. The Commission shall
publicize the establishment and location of state water safety zones and
restricted areas.

B. The Virginia Marine Police shall patrol and enforce all state water safety
zones and restricted areas.

C. In times of officially declared national or state emergency, the Governor may
adjust the boundaries of state water safety zones or restricted areas by
executive order. Upon termination of emergency status, the boundaries shall
return to those set forth in regulations.

D. A violation of any regulation promulgated under this section is a Class 1
misdemeanor.

HISTORY: 2003, c. 389.