                                 CODE OF VIRGINIA

SURVEY AND MARKING OF GROUND (§ 28.2-607)

If a protest is not filed in the Commission office within 60 days after posting
of the notice of application, the Commissioner shall select a surveyor to survey
the grounds and make a plat in duplicate. The surveyor shall forward the plat of
survey to the Commissioner. If no protest to the application or surveying of
ground is made within 30 days after the plat of survey is recorded in the
Commissioner&#8217;s office, the ground applied for shall be assigned provided
that:

1. The application and assignment complies with all applicable provisions of law
and, in the judgment of the Commissioner, the assignment is in the public
interest. In making that determination, the Commissioner shall consider (i) the
factors set out in subsection A of &#xA7; 28.2-1205 and (ii) the public benefits
and impacts of shellfish aquaculture.

2. All fees and costs and the annual rent have been paid for the lease of the
ground. The ground shall be marked at the expense of the applicant.
			The grounds shall be marked in accordance with Commission regulations for
marking oyster grounds.

HISTORY: Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962,
c. 406, § 28.1-109(6); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644;
1973, c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1992, c. 836;
2019, c. 164.