                                 CODE OF VIRGINIA

AUTHORITY TO APPROVE PERMITS FOR ENCROACHMENT ON SUBAQUEOUS BEDS; NOTICE (§
28.2-1207)

A. Any application for a permit to trespass upon or over or encroach upon
subaqueous beds which are the Commonwealth&#8217;s property may be approved by
the Commissioner or his authorized representative if the application meets the
requirements of §§ 28.2-1205 and 28.2-1206 and the following criteria are
satisfied:

   1. The total value of the project does not exceed $1,000,000; however, such
   total value shall be updated every five years by the Commissioner using the
   Consumer Price Index and published on the Commission&#8217;s website;

   2. The application is not protested by any citizen or objected to by any state
   agency; and

   3. The project for which the permit is sought will not require any other
   permit from the Commission.

B. If the permit application is for a shore erosion control project recommended
by the soil and water conservation district in which the project is to be
located and the criteria listed in subsection A of this section are satisfied,
the Commission may, after giving notice of the application to the Virginia
Institute of Marine Science, approve the application without giving notice to or
awaiting the approval of any other state agency.

C. The Commission shall, in conjunction with affected state and federal
agencies, develop an expedited process for issuing general permits for
activities that are intended to improve water quality such as bioengineered
streambank projects and livestock stream crossings, and for activities required
during emergencies in which a determination has been made that there is a threat
to public or private property, or to the health and safety of the public. The
development of the general permit shall be exempt from Article 2 (&#xA7;
2.2-4006 et seq.) of the Administrative Process Act.

D. The Commission shall, in conjunction with affected state and federal
agencies, develop an expedited process for issuing a permit for emergency
activities intended to restore sand to any publicly owned beach damaged by sand
erosion. Such erosion shall have been caused by a discrete, identifiable weather
event or sequence of events that threatened public or private property or public
health and safety and was the subject of a declaration of emergency by the
Governor or the governing body of the locality in which the project is located.
The development of the permit shall be exempt from Article 2 (&#xA7; 2.2-4006 et
seq.) of the Administrative Process Act.

HISTORY: 1972, c. 398, § 62.1-3.01; 1973, c. 350, § 62.1-3.02; 1980, c. 312;
1984, c. 246; 1992, c. 836; 1997, c. 845; 2011, c. 451; 2016, cc. 9, 124; 2025,
cc. 203, 221.