SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2000 SESSION

  • | print version

HB 667 Impact of piers on oyster and clam grounds.

Introduced by: Robert F. McDonnell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Impact of piers on oyster and clam grounds. Allows the construction of non-commercial piers by riparian landowners. Those wishing to construct a private pier are to provide the Commissioner of Marine Resources with information regarding the proposed pier's size and location. The 12-month waiting period for encroachment on leased oyster or clam grounds by those wishing to build a wharf, channel or bulkhead is eliminated, if the Commissioner finds that commercially productive oyster or clam grounds will not be impacted. A permit would be required for constructing non-commercial, private piers of 100 feet or more in length that cross oyster or clam grounds. The Marine Resources Commission would have to issue such a permit, and is empowered to reasonably prescribe the design and location of the pier so as to minimize the pier's impact on (i) the oyster and clam grounds, or (ii) the harvesting or propagation of the oysters or clams on these grounds.

SUMMARY AS PASSED HOUSE:

Impact of piers on oyster and clam grounds. Allows the construction of non-commercial piers by riparian landowners. Those wishing to construct a private pier are to provide the Commissioner of Marine Resources with information regarding the proposed pier's size and location. The 12-month waiting period for encroachment on leased oyster or clam grounds by those wishing to build a wharf, channel or bulkhead is eliminated, if the Commissioner finds that commercially productive oyster or clam grounds will not be impacted. A permit would be required for constructing non-commercial, private piers of 100 feet or more in length that cross oyster or clam grounds. The Marine Resources Commission would have to issue such a permit, and is empowered to prescribe the design and location of the pier so as to minimize the pier's impact on the oyster and clam grounds.

SUMMARY AS INTRODUCED:

Impact of piers on oyster and clam grounds. Allows the construction of non-commercial piers by riparian landowners. Those wishing to construct a private pier are to provide the Commissioner of Marine Resources with information regarding the proposed pier's size and location. The 12-month waiting period for encroachment on leased oyster or clam grounds by those wishing to build a wharf, channel or bulkhead is eliminated, if the Commissioner finds that commercially productive oyster or clam grounds will not be impacted. No permit is required for the construction by riparian landowners of a non-commercial, private pier or less than a 100 feet in length from mean-low water, as long as the pier does not extend beyond the navigation line. A permit would be required for constructing non-commercial, private piers of 100 feet or more in length that cross oyster or clam grounds. The Marine Resources Commission would have to issue such a permit, but could prescribe the design and location of the pier if it found that the construction of the pier adversely affects other uses of state waters or state-owned bottomlands, or marine and fisheries resources.