Bill Text: VA SB50 | 2022 | Regular Session | Comm Sub
Bill Title: De minimis subaqueous disturbances; no permit required.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2022-03-02 - Continued to 2023 in Agriculture, Chesapeake and Natural Resources by voice vote [SB50 Detail]
Download: Virginia-2022-SB50-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §28.2-1203 of the Code of Virginia is amended and reenacted as follows:
§28.2-1203. Unlawful use of subaqueous beds; penalty.
A. It shall be unlawful for any person to build, dump, trespass or encroach upon or over, or take or use any materials from the beds of the bays, ocean, rivers, streams, or creeks which are the property of the Commonwealth, unless such act is performed pursuant to a permit issued by the Commission or is necessary for the following:
1. Erection of dams, the construction of which has been authorized by proper authority;
2. Uses of subaqueous beds authorized elsewhere in this title;
3. Construction and maintenance of congressionally approved navigation and flood-control projects undertaken by the United States Army Corps of Engineers, the United States Coast Guard, or other federal agency authorized by Congress to regulate navigation, navigable waters, or flood control;
4. Construction of piers, docks, marine terminals, and port facilities owned or leased by or to the Commonwealth or any of its political subdivisions;
5. Except as provided in subsection D of §28.2-1205,
placement, after submission of an application to the Commission for review and
processing, of private piers for noncommercial purposes by owners of the
riparian lands in the waters opposite those lands, provided that (i) the piers do
not extend beyond the navigation line or private pier lines established by the
Commission or the United States Army Corps of Engineers, (ii) the piers do not
exceed six feet in width and finger piers do not exceed five feet in width,
(iii) any L or T head platforms and appurtenant floating docking platforms do
not exceed, in the aggregate, 400 square feet, (iv) if prohibited by local
ordinance open-sided shelter roofs or gazebo-type structures shall not be
placed on platforms as described in clause (iii), but may be placed on such
platforms if not prohibited by local ordinance, and (v) the piers are
determined not to be a navigational hazard by the Commission. Subject to any
applicable local ordinances, such piers may include an attached boat lift
and; an open-sided roof designed to shelter a single boat slip or
boat lift; and the placement of new or additional piles to replace damaged
piles for existing private piers or establishing a boat slip or mooring within
the owner's riparian area. In cases in which open-sided roofs designed to
shelter a single boat, boat slip or boat lift will exceed 700 square feet in
coverage or the open-sided shelter roofs or gazebo structures exceed 400 square
feet, and in cases in which an adjoining property owner objects to a proposed
roof structure, permits shall be required as provided in §28.2-1204;
6. Agricultural, horticultural or silvicultural irrigation on
riparian lands or the watering of animals on riparian lands, provided that (i)
no permanent structure is placed on or over the subaqueous bed, (ii) the person
withdrawing water complies with requirements administered by the Department of
Environmental Quality under Title 62.1, and (iii) the activity is conducted
without adverse impacts to instream beneficial uses as defined in §62.1-10;
or
7. Recreational gold mining, provided that (i) a man-portable suction dredge no larger than four inches in diameter is used, (ii) rights of riparian property owners are not affected, (iii) the activity is conducted without adverse impacts to instream beneficial uses as defined in §62.1-10, (iv) the activity is conducted without adverse impacts to underwater historic properties and related objects as defined in §10.1-2214, and (v) the activity is not defined as mining in §45.2-1200; or
8. Placement of piles that require a de minimis subaqueous disturbance of 10 square feet or less. Such piles shall be more than 50 feet from a marked navigation channel.
B. A violation of this section is a Class 1 misdemeanor.
