                                 CODE OF VIRGINIA

DREDGING OR SCRAPING ON PRIVATE GROUND; PERMIT REQUIRED (§ 28.2-515)

Any resident of the Commonwealth holding under legal assignment an
oyster-planting ground of at least three acres in one tract or adjoining tracts
and having paid the rent may dredge or scrape his tracts at any time from
sunrise until sunset, except on Sunday if the resident has obtained from the
Commission a permit for each boat so used. The permit shall show the name of the
lessee and the name or number of the boat, date of issue, and date of
expiration. The expiration date shall not be more than 12 months from the date
of issue and may be renewed for like periods. A special exemption may be granted
on such a permit to allow dredging or scraping one hour prior to sunrise from
June 15 to September 1, provided that the resident notify the Commission at
least 24 hours prior to such activity. The Commission may, after a hearing,
refuse to grant or renew a permit to dredge or scrape any oyster-planting ground
unless it is proved that the holder has planted seed oysters or shells and is
using the planting ground for the cultivation of oysters. The Commission may
refuse to grant the permit if it appears at the hearing that the holder of the
ground is a habitual violator of the seafood laws. An applicant for the permit
shall have the right of appeal from any decision of the Commission refusing to
grant the permit as provided in Article 3 (§ 28.2-216 et seq.) of Chapter 2 of
this subtitle.

HISTORY: Code 1950, § 28-158; 1950, p. 988; 1952, c. 643; 1954, c. 43; 1958, c.
477; 1962, c. 406, § 28.1-134; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1979,
c. 274; 1986, cc. 171, 184; 1992, c. 836; 2003, c. 778.