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1998 SESSION

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983127412
HOUSE BILL NO. 579 Offered January 21, 1998 A BILL to amend and reenact § 28.2-603 of the Code of Virginia, relating to riparian oyster and clam aquaculture. ----------
Patrons-- Purkey, Croshaw, Drake, McDonnell, Wagner and Wardrup; Senators: Forbes, Schrock and Stolle
---------- Referred to Committee on Chesapeake and Its Tributaries ----------

Be it enacted by the General Assembly of Virginia:

1. That § 28.2-603 of the Code of Virginia is amended and reenacted as follows:

§ 28.2-603. General oyster-planting grounds.

Waterfront that is not already assigned or reserved for the riparian owners, and the beds of the bays, rivers, and creeks and shores of the sea lying outside the limits of navigation projects adopted and authorized by the Congress and not required for the disposal of materials dredged incident to the maintenance of such projects, and grounds other than public oyster beds, rocks, or shoals, as defined by law and included in the Baylor survey, may be occupied for the purpose of planting or propagating oysters, and may be leased by the Commissioner upon the receipt of a proper application. However, notwithstanding any other provisions of law, in cities with a population greater than 390,000, riparian landowners shall not be precluded from oyster or clam aquaculture gardening in an area no greater than fifty feet seaward from mean low water of their riparian shoreline, in accordance with the Commission's rules and regulations.