                                 CODE OF VIRGINIA

RIGHTS OF RIPARIAN OWNERS TO BUILD BULKHEAD OR WHARF (§ 28.2-630)

All assignments or leases of oyster or clam grounds under this chapter shall be
subject to the rights vested in riparian claimants under Article 1 (§ 28.2-600
et seq.) of this chapter and also to the following condition: That any landowner
who desires to erect a bulkhead or wharf in front of his property or to open a
channel, and who is not a lessee or riparian holder of suitable bottoms for that
purpose, shall give the lessee or other holder of oyster or clam grounds in
front of his property twelve months&#8217; notice of such intention; and upon
the expiration of that time, the rights of the lessee or holder of so much of
the oyster or clam grounds as are reasonably needed for building the bulkhead,
wharf, or channel shall cease. This twelve-month notice and waiting period shall
not apply if, at the time the landowner provides notice to the lessee or other
holder of the oyster or clam grounds in front of his property, the landowner
provides the Commissioner sufficient information describing the dimensions and
location of the bulkhead, wharf or channel and the Commissioner subsequently
finds, in writing, that the proposed bulkhead, wharf or channel will not
adversely impact commercially productive oyster or clam grounds. For purposes of
this section &#8220;commercially productive oyster or clam grounds&#8221; are
those areas which can be demonstrated to have (i) suitable substrate for oyster
or clam production and (ii) evidence of commercial oyster or clam production
within the past three years. If the bulkhead, wharf, or channel has not
commenced as specified in the notice within three months after the oyster or
clam grounds were vacated, the former lessee or holder shall have the right to
resume possession of the oyster or clam grounds he has vacated in favor of such
landowners, subject to the provisions of this chapter. Any person constructing a
channel under this section shall compensate the lessee of any oyster or clam
grounds for all losses or damages including the value of the ground taken for
the construction of the channel. The lessee shall have recourse under action of
the law in the court of the proper jurisdiction of the Commonwealth of Virginia
to recover damages.

HISTORY: Code 1950, § 28-134; 1962, c. 406, § 28.1-118; 1992, c. 836; 2000, c.
167.