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2019 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 28.2-600 of the Code of Virginia is amended and reenacted as follows:
§ 28.2-600. Riparian planting ground assignments; eligibility; fee.
A. Any owner of land bordering on a body of water in
the oyster-growing area of this 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 such only a
riparian planting ground wherever the owner may designate within his
riparian waters that the Commissioner, in his discretion, deems
appropriate to encompass as much as one-half acre of ground, provided
that the ground does not encroach into an existing oyster-planting ground
lease assigned under Article 2 (§ 28.2-603 et seq.) of this chapter. The fee
for such assignment shall be $1.50. 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 middle 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's riparian waters.
C. The grounds shall be surveyed, plotted, marked,
assigned, and recorded as provided for assignments to persons in Article 2 (§
28.2-603 et seq.) of this chapter.
D. Any riparian assignment that was duly recorded in the clerk'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.