                                 CODE OF VIRGINIA

LOCAL REGULATION; APPLICATION FOR PLACEMENT OR REMOVAL OF &#8220;NO WAKE&#8221;
BUOYS, ETC (§ 29.1-744)

A. Any political subdivision of this Commonwealth may, at any time, but only
after public notice, formally apply to the Board for special rules and
regulations with reference to the safe and reasonable operation of vessels on
any water within its territorial limits and shall specify in the application the
reasons which make the special rules or regulations necessary or appropriate.

B. The Board is authorized upon application by a political subdivision or its
own motion to make special or general rules and regulations with reference to
the safe and reasonable operation of vessels on any waters within the
territorial limits of any political subdivision of this Commonwealth. Without
limiting the generality of the grant of such power, a system of regulatory or
navigational markers may be adopted by the Board. Nothing in this section shall
be construed to affect the application of any general law concerning the tidal
waters of this Commonwealth.

C. Any county, city or town of this Commonwealth may enact ordinances which
parallel general law regulating the operation of vessels on any waters within
its territorial limits, including the marginal adjacent ocean, and the conduct
and activity of any person using such waters. The locality may also provide for
enforcement and penalties for the violation of the ordinances, provided the
penalties do not exceed the penalties provided in this chapter for similar
offenses.

D. After notice to the Department, any county, city or town may, by ordinance,
establish &#8220;no wake&#8221; zones along the waterways within the locality in
order to protect public safety and prevent erosion damage to adjacent property.
However, any county that is adjacent to an inland lake (i) more than 500 feet
above sea level and (ii) of 20,000 acres or more and wholly located within the
Commonwealth may, by ordinance, establish &#8220;no wake&#8221; zones along such
lake within the locality in order to protect public safety or prevent erosion
damage to adjacent property. The markers and buoys designating a no wake zone
shall conform to the requirements established by the Board. Any marker or buoy
which is not placed in conformance with the regulations of the Board or which is
not properly maintained shall be removed by the locality. The locality may
provide for enforcement and penalties for the violation of the ordinance.

E. Any person who desires to place or remove &#8220;no wake&#8221; buoys or
other markers relating to the safe and efficient operation of vessels pursuant
to any local ordinance shall apply to the local governing body. The local
governing body shall approve, disapprove or approve with modifications the
application and forward it to the Director, who shall approve, disapprove or
approve with modifications within thirty days the placement and type of marker
to be used or the removal of &#8220;no wake&#8221; buoys or other markers. The
cost of the purchase and placement or the removal of the buoys or markers shall
be borne by the person requesting the placement or removal of the buoys or
markers. Any marker or buoy which is not placed in conformance with the
regulations of the Board or which is not properly maintained may be removed by
the Department. &#8220;No wake&#8221; buoys or other markers placed prior to
July 1, 2001, shall only be removed when no longer required for the safe and
efficient operation of vessels pursuant to any local ordinance.

HISTORY: 1960, c. 500, § 62-174.15; 1964, cc. 346, 654; 1968, c. 659, §
62.1-182; 1978, c. 598; 1982, c. 232; 1987, c. 488; 1997, c. 522; 1999, c. 489;
2001, c. 649.