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2018 SESSION
18103573DBe 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
105 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.
B. The
Commissioner shall assign to him such ground wherever the owner may designate
within his riparian waters, provided 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. 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 of the channel or body
of water, whichever is the shorter distance.
C. Notwithstanding the provisions of subsections A and B, in the Lynnhaven River and its tributaries the Commissioner shall only assign to an owner of land a riparian planting ground that the Commissioner, in his discretion, deems appropriate to encompass as much as one-half acre of ground. The Commissioner may consider assigning any area that the owner designates within his riparian waters. 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.
D. 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.
E. 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.