                                 CODE OF VIRGINIA

RIPARIAN PLANTING GROUND ASSIGNMENTS; ELIGIBILITY; FEE (§ 28.2-600)

A. Any owner of land bordering on a body of water in the oyster-growing area of
the Commonwealth whose shore front measures at least 205 feet at the low-water
mark, who has not had as much as one-half acre of ground already assigned him on
the front, or whose lease has terminated and is not to be renewed, may apply for
planting grounds to the Commissioner.
			The Commissioner shall assign to him only a riparian planting ground that the
Commissioner, in his discretion, deems appropriate to encompass as much as
one-half acre of ground, subject to the Commissioner&#8217;s discretion with
respect to the precise location, and provided that the ground does not encroach
into an existing oyster-planting ground lease assigned under Article 2 (&#xA7;
28.2-603 et seq.). The Commissioner may consider assigning an area that the
owner designates within his riparian waters. Such ground shall not exceed
one-half acre, and shall not be less than 105 feet wide along the shore,
beginning at low-water mark, extending out not more than 210 feet, or to the
nearest edge of the channel or the middle of the body of water, whichever is the
shorter distance.

B. Upon the transfer of a lease, a ground shall be assigned only within an area
deemed appropriate by the Commissioner to encompass as much as one-half acre of
ground within the landowner&#8217;s riparian waters.

C. The grounds shall be surveyed, plotted, marked, assigned, and recorded as
provided for assignments to persons in Article 2 (&#xA7; 28.2-603 et seq.).

D. Any riparian assignment that was duly recorded in the clerk&#8217;s office of
the county or city where the grounds are located, or at the Commission office
prior to July 1, 1986, shall continue in effect.

HISTORY: Code 1950, §§ 28-39, 28-123; 1950, p. 987; 1952, c. 649; 1956, c.
586; 1958, c. 184; 1960, c. 517; 1962, c. 406, §§ 28.1-44, 28.1-108; 1964, c.
393; 1968, c. 747; 1972, c. 644; 1976, c. 256; 1978, c. 548; 1984, cc. 100, 244,
259; 1986, cc. 168, 184; 1992, c. 836; 2019, cc. 152, 164.