                                 CODE OF VIRGINIA

UNLAWFUL USE OF SUBAQUEOUS BEDS; PENALTY (§ 28.2-1203)

A. It shall be unlawful for any person to build, dump, trespass or encroach upon
or over, or take or use any materials from the beds of the bays, ocean, rivers,
streams, or creeks which are the property of the Commonwealth, unless such act
is performed pursuant to a permit issued by the Commission or is necessary for
the following:

   1. Erection of dams, the construction of which has been authorized by proper
   authority;

   2. Uses of subaqueous beds authorized elsewhere in this title;

   3. Construction and maintenance of congressionally approved navigation and
   flood-control projects undertaken by the United States Army Corps of
   Engineers, the United States Coast Guard, or other federal agency authorized
   by Congress to regulate navigation, navigable waters, or flood control;

   4. Construction of piers, docks, marine terminals, and port facilities owned
   or leased by or to the Commonwealth or any of its political subdivisions;

   5. Except as provided in subsection D of &#xA7; 28.2-1205, placement, after
   submission of an application to the Commission for review and processing, of
   private piers for noncommercial purposes by owners of the riparian lands in
   the waters opposite those lands, provided that (i) the piers do not extend
   beyond the navigation line or private pier lines established by the Commission
   or the United States Army Corps of Engineers, (ii) the piers do not exceed six
   feet in width and finger piers do not exceed five feet in width, (iii) any L
   or T head platforms and appurtenant floating docking platforms do not exceed,
   in the aggregate, 400 square feet, (iv) if prohibited by local ordinance
   open-sided shelter roofs or gazebo-type structures shall not be placed on
   platforms as described in clause (iii), but may be placed on such platforms if
   not prohibited by local ordinance, and (v) the piers are determined not to be
   a navigational hazard by the Commission. Subject to any applicable local
   ordinances, such piers may include an attached boat lift and an open-sided
   roof designed to shelter a single boat slip or boat lift. In cases in which
   open-sided roofs designed to shelter a single boat, boat slip or boat lift
   will exceed 700 square feet in coverage or the open-sided shelter roofs or
   gazebo structures exceed 400 square feet, and in cases in which an adjoining
   property owner objects to a proposed roof structure, permits shall be required
   as provided in &#xA7; 28.2-1204;

   6. Maintenance or replacement of a previously authorized pier, provided that
   it is reconstructed within the footprint of the existing pier;

   7. Agricultural, horticultural or silvicultural irrigation on riparian lands
   or the watering of animals on riparian lands, provided that (i) no permanent
   structure is placed on or over the subaqueous bed, (ii) the person withdrawing
   water complies with requirements administered by the Department of
   Environmental Quality under Title 62.1, and (iii) the activity is conducted
   without adverse impacts to instream beneficial uses as defined in &#xA7;
   62.1-10;

   8. Recreational gold mining, provided that (i) a man-portable suction dredge
   no larger than four inches in diameter is used, (ii) rights of riparian
   property owners are not affected, (iii) the activity is conducted without
   adverse impacts to instream beneficial uses as defined in &#xA7; 62.1-10, (iv)
   the activity is conducted without adverse impacts to underwater historic
   properties and related objects as defined in &#xA7; 10.1-2214, and (v) the
   activity is not defined as mining in &#xA7; 45.2-1200; or

   9. Any activity conducted in nontidal waters, provided that the person
   performing such activity obtains a Virginia Water Protection Permit and
   complies with all requirements of the Virginia Water Resources and Wetlands
   Protection Program pursuant to Article 2.2 (&#xA7; 62.1-44.15:20 et seq.) of
   Chapter 3.1 of Title 62.1. In determining whether to issue a Virginia Water
   Protection Permit, the Department of Environmental Quality shall be guided by
   the factors set forth in subsection A of &#xA7; 28.2-1205.

B. A violation of this section is a Class 1 misdemeanor.

HISTORY: Code 1950, § 62-2.1; 1960, c. 600; 1962, c. 637; 1966, c. 641; 1968,
c. 659, § 62.1-3; 1970, c. 621; 1972, c. 866; 1973, cc. 23, 361; 1974, cc. 92,
385; 1975, c. 431; 1976, c. 579; 1980, c. 253; 1982, c. 102; 1988, c. 868; 1992,
c. 836; 1998, c. 605; 2000, c. 167; 2001, c. 234; 2003, c. 973; 2006, c. 507;
2007, c. 25; 2020, c. 806; 2022, c. 159; 2023, cc. 258, 259.