dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-141. Trust agreement securing bonds; provisions of agreement or bond resolution; depository of proceeds or revenues; expenses.
In the discretion of the Authority any bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the Commonwealth. Such trust agreement or the resolution providing for the issuance of such bonds may pledge or assign the revenues to be received, but shall not convey or mortgage the port facilities or any part thereof; provided, however, the Authority may make a purchase-money agreement giving a chattel mortgage or lien on personal property or operating equipment purchased for use in its facilities. Such trust agreement or resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property and the construction, improvement, maintenance, repair, operation and insurance of the port facilities or the portion thereof in connection with which such bonds shall have been authorized, the rates to be charged, the custody, safeguarding and application of all moneys, and conditions or limitations with respect to the issuance of additional bonds. It shall be lawful for any bank or trust company incorporated under the laws of the Commonwealth which may act as depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the Authority. Any such trust agreement may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement or resolution may be treated as a part of the cost of the operation of the port facilities or portion thereof.

Code 1950, § 62-106.13; 1954, c. 667; 1968, c. 659; 1974, c. 148.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-143. Proceeds of bonds and revenues held in trust for certain purposes.
All moneys received pursuant to the provisions of this chapter, whether as proceeds from the sale of revenue bonds or refunding bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The Authority shall, in the resolution authorizing such bonds or in the trust agreement securing such bonds, provide for the payment of the proceeds of the sale of the bonds and the revenues to be received to a trustee, which shall be any trust company or bank having the powers of a trust company within or without the Commonwealth, who shall act as trustee of the funds, and hold and apply the same to the purposes of this chapter, subject to such regulations as this chapter and such resolution or trust agreement may provide. In the case of the proceeds of the sale of revenue bonds or revenues, the trustee may invest and reinvest such funds pending their need for the construction of the project in securities that are legal investments under the laws of the Commonwealth for funds held by fiduciaries. In the case of the proceeds of the sale of refunding bonds, the trustee may invest and reinvest such funds in direct obligations of, or obligations the principal of and the interest on which are guaranteed by, the United States of America. Such money and the interest, income and profits, if any, earned on such investment, shall be available for the payment of all or any part of the principal, interest, and redemption premium, if any, of the bonds being refunded. The proceeds of the sale of refunding bonds shall be so invested and applied as to assure that the principal, interest, and redemption premium, if any, on the bonds being refunded shall be paid in full on their respective maturity, redemption or interest payment dates. After the terms of the trust have been fully satisfied, and carried out, any balance of such proceeds and interest, income and profits, if any, earned or realized on the investments thereof may be returned to the Authority for use by it in any lawful manner.

Code 1950, § 62-106.15; 1954, c. 667; 1968, c. 1981, c. 590.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-144. Remedies of bondholders and trustee.
Any holder of bonds, notes, certificates or other evidences of borrowing issued under the provisions of this chapter or of any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by such trust agreement, may either at law or in equity, by suit, action, injunction, mandamus or other proceedings, protect and enforce any and all rights under the laws of the Commonwealth or granted by this chapter or under such trust agreement or the resolution authorizing the issuance of such bonds, notes or certificates and may enforce and compel the performance of all duties required by this chapter or by such agreement or resolution to be performed by the Authority or by any officer or agent thereof, including the fixing of charges and collection of the same.

Code 1950, § 62-106.16; 1954, c. 667; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-145. Exercise of powers constitutes governmental functions; exemption from taxation.
The exercise of the powers granted by this chapter shall be in all respects for the benefit of the inhabitants of the Commonwealth, for the increase of their commerce, and for the promotion of their safety, health, welfare, convenience, and prosperity, and as the operation and maintenance of the project by the Authority will constitute the performance of essential governmental functions, the Authority shall not be required to pay any taxes or assessments upon the project or any property acquired or used by the Authority under the provisions of this chapter or upon the income therefrom, including sales and use taxes on tangible personal property used in and about a marine terminal under the supervision of the Virginia Port Authority for handling cargo, merchandise, freight, and equipment; nor shall the agents, lessees, sublessees, or users of tangible personal property owned by or leased to the Authority be required to pay any sales or use tax upon such property or the revenue derived therefrom; and the bonds, notes, certificates, or other evidences of debt issued under the provisions of this chapter, their transfer and the income therefrom including any profit made on the sale thereof, shall be exempt from taxation by the Commonwealth and by any municipality, county, or other political subdivision thereof. The exemption from the retail sales and use tax shall apply to property acquired or used by the Authority, or by a nonstock, nonprofit corporation that operates a marine terminal or terminals solely on behalf of the Authority. Service charge payments to any city, county, or town authorized pursuant to subsection D of § 58.1-3403 shall be paid from the general fund. Service charge payments to any county, city, or town authorized pursuant to subsection B of § 58.1-3403 shall be paid by the Authority.

Code 1950, § 62-106.17; 1954, c. 667; 1968, c. 659; 1974, c. 546; 1990, c. 694; 2000, c. 737; 2005, c. 581.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-146. Bonds as legal investments.
Bonds issued by the Authority under the provisions of this chapter are hereby made securities in which all public officers and public bodies of the Commonwealth and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the Commonwealth for any purpose for which the deposit of bonds or obligations is now or may hereafter be authorized by law.

Code 1950, § 62-106.18; 1954, c. 667; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-147. Bonds not debt or pledge of credit of Commonwealth or political subdivision; payment of expenses.
Bonds and refunding bonds issued under the provisions of this chapter shall not be deemed to constitute a debt of the Commonwealth or of any political subdivision thereof or a pledge of the faith and credit of the Commonwealth or of any such political subdivision, but shall be payable solely from the funds provided therefor from revenues. All such bonds shall contain on the face thereof a statement to the effect that neither the Commonwealth nor the Authority shall be obligated to pay the same or the interest thereon except from revenues of the port facility and that neither the faith and credit nor the taxing power of the Commonwealth or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such bonds.

All expenses incurred in carrying out the provisions of this chapter shall be payable solely from funds provided under the authority of this chapter and no liability or obligation shall be incurred by the Authority hereunder beyond the extent to which moneys shall have been provided under the provisions of this chapter.

Code 1950, § 62-106.19; 1954, c. 667; 1968, c. 659; 1981, c. 590; 1993, c. 656.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-147.1. Legalization of prior actions.
Any bonds issued to refund bonds or other obligations of the Authority prior to the adoption of the amendments in this chapter relating to refunding bonds which could now be taken under this chapter are hereby approved, validated and ratified by the legislature of the Commonwealth.

1981, c. 590.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-147.1:1. Exemption of Authority from certain technology procedures.
The provisions regulating the Virginia Information Technologies Agency (§ 2.2-2005 et seq.) shall not apply to the Authority in the exercise of any power conferred under this chapter.

2013, cc. 762, 794.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-147.2. Chapter liberally construed.
This chapter shall constitute full and complete authority for the doing of the acts and things herein authorized and shall be liberally construed to effect the purposes hereof.

1997, c. 232.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 11 (FEDERAL WATER RESOURCES DEVELOPMENT PROJECTS)
§ 62.1-148. Resolutions and ordinances assuring local cooperation.
The governing body of any county, city or town is authorized to adopt such resolutions and/or ordinances as may be required giving it assurances to the Secretary of the Army or the Chief of Engineers of the United States Army for the fulfillment of the required items of local cooperation as expressed in acts of Congress and/or congressional documents, as conditions precedent to the accomplishment of river and harbor and flood control projects of the United States, when it shall appear, and is determined, by such local governing body that any such project will accrue to the general or special benefit of such county, city or town. In each case where the subject of such local cooperation requirements comes before a governing body a copy of its final action, whether it be favorable or unfavorable, will be sent to the Commissioner of Water Resources for the information of the Governor.

Code 1950, § 62-117.1; 1958, c. 197; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 11 (FEDERAL WATER RESOURCES DEVELOPMENT PROJECTS)
§ 62.1-148.1. Power of cities and towns to bind themselves to perform or execute assurances regarding construction of flood walls or other flood control measures.
The cities and towns authorized to adopt resolutions and ordinances pursuant to § 62.1-148 shall have the power to irrevocably bind themselves to do any and all things necessary to perform or execute the assurances authorized to be given pursuant to § 62.1-148 regarding construction of flood walls or other flood control measures, anything in the charters of such cities or towns to the contrary notwithstanding.

1980, c. 48.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 11 (FEDERAL WATER RESOURCES DEVELOPMENT PROJECTS)
§ 62.1-149. Items of cooperation to which localities may bind themselves.
Such resolutions and ordinances may irrevocably bind such county, city or town:

(1) To provide, free of cost to the United States the fee simple title to lands, perpetual and/or temporary easements, rights-of-way and any other interest in lands for cut-off bends, the laying of pipelines, erection of dikes, sluiceways, spillways, dams, drains, deposit of dredged materials, and for other purposes;

(2) To alter existing structures on such areas;

(3) To simultaneously dredge designated areas not covered by the federal project when and where required;

(4) To construct and maintain public wharves and public roads leading thereto;

(5) To make contributions in money or property in lieu of providing disposal areas for dredged materials;

(6) To hold the United States safe and harmless against claims for damages arising out of the project or work incident thereto;

(7) To remove sewer pipes and submarine cables;

(8) To construct and maintain marine railways for the public use; and

(9) To provide or satisfy any other items or conditions of local cooperation as stipulated in the congressional document covering the particular project involved.

This section shall not be interpreted as limiting but as descriptive of the items of local cooperation, the accomplishment of which counties, cities and towns are herein authorized to irrevocably bind themselves; it being intended to authorize counties, cities and towns to comply fully and completely with all of the items of local cooperation as contemplated by Congress and as stipulated in the congressional acts or documents concerned.

Code 1950, § 62-117.2; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 11 (FEDERAL WATER RESOURCES DEVELOPMENT PROJECTS)
§ 62.1-150. Acquisition of lands.
For the purpose of complying with the terms of local cooperation as specified in this chapter and as stipulated in the congressional document covering the particular project involved, any city or town may acquire the necessary lands, or interest in lands, by lease, purchase, gift or condemnation, whether such lands are within or without the corporate limits of such city or town, and any county may acquire such lands by lease, purchase, gift or condemnation.

However, the provisions of § 25.1-102, as now or hereafter in effect, shall apply to any property belonging to any corporation possessing the power of eminent domain which may be sought to be taken by condemnation hereunder.

Code 1950, § 62-117.3; 1968, c. 659; 2003, c. 940.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 11 (FEDERAL WATER RESOURCES DEVELOPMENT PROJECTS)
§ 62.1-151. Ratification of former resolutions and ordinances.
All resolutions and ordinances adopted prior to March 16, 1948, by cities, counties and towns in furtherance of local cooperation projects of the United States for river and harbor improvement and for flood control and their acts in pursuance thereof are hereby ratified and affirmed as if accomplished under the authority of this chapter.

Code 1950, § 62-117.4; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 11 (FEDERAL WATER RESOURCES DEVELOPMENT PROJECTS)
§ 62.1-152. Liberal construction.
This chapter shall be liberally construed as in aid of projects of the United States for the improvements of rivers and harbors and for flood control and in furtherance of and not in limitation of powers now conferred by law on counties, cities and towns.

Code 1950, § 62-117.5; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 12 (VIRGINIA BEACH EROSION COUNCIL [Repealed])
§ 62.1-153. Repealed.
Repealed by Acts 1988, c. 891.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 13 (IMPROVEMENT OF NAVIGABILITY OF STREAMS)
§ 62.1-155. Cooperation by cities on navigable streams with United States.
The cities in the Commonwealth situated on navigable streams shall have the power to cooperate with the United States of America in the improvement of the navigability of such streams involving the deepening, widening and straightening the channel thereof and making provision for turning basins at terminals and mooring areas thereon.

Code 1950, § 62-117.8; 1958, c. 467; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 13 (IMPROVEMENT OF NAVIGABILITY OF STREAMS)
§ 62.1-156. Power of cities to give assurances to United States.
In order to execute the purposes and objectives declared in § 62.1-155, the cities therein defined shall have the power to give assurances to the United States of America that they will:

1. Furnish or cause to be furnished free of cost to the United States, when and as required by its duly authorized representatives, lands, easements and rights-of-way and spoil or dredged material disposal areas, unrestricted in disposal elevations, for the shore disposal of material to be initially dredged and for future maintenance of such improvements within and without such cities;

2. Furnish or cause to be furnished, when and as so required, permits or easements for ingress to and egress from highways to such shore disposal areas, and permits or easements to construct pipeline trestles across oyster and clamming grounds and to lay dredge pipelines across lands adjacent to such shore disposal areas within and without such cities;

3. Subject to all applicable laws, secure such releases or permits, either or both, as may be required, holding and saving the United States, its contractors and assigns free from any and all claims for damages to public or privately owned oyster and clamming grounds resulting or attributable to the accomplishment of the initial dredging or subsequent maintenance of such improvements, either or both;

4. Secure such releases or permits, either or both, as may be so required, holding and saving the United States, its contractors and assigns free from any and all claims (a) for damages resulting from any change in the natural course of such rivers, (b) for damages resulting from blasting operations in the removal of rock or changes in ground water levels, and (c) for costs resulting from provision and operation of any bridges or ferries that may be necessary for furnishing connection between the mainland and any islands created by channel cutoffs;

5. Relocate or cause to be relocated, at no cost to the United States, when necessary, roads, bridges, waterfront structures, sewerage, water supply, storm drainage, electric power, and other utility facilities within and without such cities, except those which the United States has theretofore permitted to be constructed in, under or over such rivers;

6. Construct, maintain, expand and operate such terminal facilities within such cities which may be required to accommodate prospective foreign and domestic commerce expected to develop from the improvement of the channel of such rivers, the extent of such facilities to be mutually agreed to by the council of such cities and the duly authorized representatives of the United States; and

7. Contribute funds to the United States necessary to construct, extend and maintain mooring or berthing areas immediately adjacent to river terminals of such cities when necessary because of expansion of such terminal facilities.

Code 1950, § 62-117.9; 1958, c. 467; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 13 (IMPROVEMENT OF NAVIGABILITY OF STREAMS)
§ 62.1-157. Power of cities to bind themselves to perform or execute assurances.
The cities defined in § 62.1-155 shall have the power to irrevocably bind themselves to do any and all things necessary to perform or execute the assurances authorized to be given pursuant to § 62.1-156 anything in the charters of such cities to the contrary notwithstanding.

Code 1950, § 62-117.10; 1958, c. 467; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 13 (IMPROVEMENT OF NAVIGABILITY OF STREAMS)
§ 62.1-158. Claims for damages to oyster and clamming grounds.
Claims for damages to oyster and clamming grounds may be asserted in the courts having jurisdiction in the county or city in which such damages occur.

Code 1950, § 62-117.11; 1958, c. 467; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 14 (FOREIGN TRADE ZONES)
§ 62.1-159. "Public corporation" defined.
The term "public corporation," for the purposes of this chapter, means the Commonwealth of Virginia or any political subdivision thereof or any incorporated municipality therein or any public agency of this Commonwealth or of any political subdivision thereof or of any municipality therein, or any corporate municipal instrumentality of this Commonwealth or of this Commonwealth and one or more other states.

Code 1950, § 62-118; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 14 (FOREIGN TRADE ZONES)
§ 62.1-160. Application by public corporation to establish and operate zone.
Any public corporation of the Commonwealth, as that term is defined in § 62.1-159, is authorized to make application, individually or jointly with any other public corporation, for the privilege of establishing, operating and maintaining a foreign-trade zone in accordance with an act of Congress approved June 18, 1934, entitled "An act to provide for the establishment, operation, and maintenance of foreign-trade zones on ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes," published in volume 48 of United States statutes at large, chapter 590.

Code 1950, § 62-119; 1968, c. 659; 1970, c. 598.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 14 (FOREIGN TRADE ZONES)
§ 62.1-161. Application by private corporation.
Any private corporation hereafter organized under the laws of this Commonwealth for the purpose of establishing, operating and maintaining a foreign-trade zone in accordance with the act of Congress referred to in § 62.1-160 is likewise authorized to make application for the privilege of establishing, operating and maintaining a foreign-trade zone in accordance with the act of Congress.

Code 1950, § 62-120; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 14 (FOREIGN TRADE ZONES)
§ 62.1-162. Authority to establish and operate zone; conditions and restrictions of act of Congress, etc.
Any public or private corporation authorized by this chapter to make application for the privilege of establishing, operating and maintaining such foreign-trade zone, whose application is granted pursuant to the terms of such act of Congress is authorized to establish a foreign-trade zone and to operate and maintain it, individually or jointly with any other public corporation, subject to the conditions and restrictions of the act of Congress, and any amendments thereto, and under such rules and regulations and for the period of time that may be prescribed by the board established by the act of Congress to carry out the provisions of the act.

Code 1950, § 62-121; 1968, c. 659; 1970, c. 598.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 15 (PORT MANAGEMENT GENERALLY)
§ 62.1-163. Port management.
The governing body of any county, city or town having a port may, at its pleasure, create such agencies, appoint such agents and employ such persons as may be required for the orderly and effective management of such port and its harbor; but nothing herein shall be construed to repeal or amend any prior act of the General Assembly creating or authorizing the creation of any port authority, port and industrial authority, port commission or port and industrial commission or the provisions of any municipal charter. The Circuit Court of the County of Northumberland shall appoint such an agent for the Port of Reedville. The appointing authority may prescribe for such agents and agencies such terms of office, titles, authority, duties, fees and compensation not inconsistent with law as it may deem appropriate, and may require from each person so appointed a fidelity bond in favor of the Commonwealth. All controversies arising between or among agents, agencies, authorities or commissions of two or more ports shall be referred to the Virginia Port Authority, which authority shall, under such rules and regulations not inconsistent with law as it shall promulgate, resolve every such controversy in the best interests of the Commonwealth as a whole; but any party thereto shall have a right of appeal to the Supreme Court in the same manner and under the same rules as appeals are taken from orders of the State Corporation Commission.

Code 1950, § 62-124; 1968, c. 659; 1990, c. 204.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 16 (WHARVES, DOCKS, PIERS AND BULKHEADS)
§ 62.1-164. Erection and abatement of private wharves, piers and landings.
Any person owning land upon a watercourse may erect a private wharf on the same, or private pier or landing, in such watercourse opposite his land; provided, such wharf, pier or land is for noncommercial purposes and navigation be not obstructed, nor the private rights of any person be otherwise injured thereby. The circuit court of the county in which such wharf, pier or landing is, after causing ten days' notice to be given to the owner thereof, of its intention to consider the subject, if it be satisfied that such wharf, pier or landing obstructs the navigation of the watercourse, or so encroaches on any private landing as to prevent the free use thereof, may abate the same.

Code 1950, § 62-139; 1968, c. 659; 1972, c. 415.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 16 (WHARVES, DOCKS, PIERS AND BULKHEADS)
§ 62.1-165. Erection of wharves at county landings.
Any person desiring the privilege of erecting a wharf at or on any county landing may, after giving notice of his intention by advertising such notice at some public place near the landing, and also at the front door of the courthouse of such county, on the first day of a term of the circuit court of the county, present to the court at its next term a petition for such privilege. The court may determine the same, and may, in its discretion, grant such privilege and fix such rates and charges upon such conditions and limitations as to it may seem fit. The court, at any subsequent term, may, if it think proper, revoke such privilege, or alter such conditions or limitations, or regulate the rates and charges. This section shall not be construed to authorize a circuit court of the county to grant the privilege of erecting a wharf within a city.

Code 1950, § 62-140; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 17 (MOTORBOATS AND WATER SAFETY [Repealed])
§ 62.1-166. Repealed.
Repealed by Acts 1987, c. 488.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 18 (PROTECTION OF AIDS TO NAVIGATION)
§ 62.1-187. Punishment of offenses relating to buoys, beacons or day marks.
Any person or persons who shall moor any vessel or vessels of any kind or name whatsoever or any raft or any part of a raft to any buoy, beacon, or day mark, placed in the waters of Virginia by authority of the United States or shall in any manner hang on with any vessel or raft or any part of a raft to any such buoy, beacon, or day mark, or shall willfully remove, damage or destroy any such buoy, beacon or day mark, or shall cut down, remove, damage or destroy any beacon or beacons erected on land in this Commonwealth by the authority of the United States or through unavoidable accident run down, drag from its position, or in any way injure any buoy, beacon, or day mark as aforesaid and shall fail to give notice as soon as practicable of having done so to the harbor master or other legal manager of the port or to the United States Coast Guard within the district in which such buoy, beacon or day mark may be located, shall for every such offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $200 or by imprisonment not to exceed three months or both; one-third of the fine in each case shall be paid to the informer and two-thirds thereof to the lighthouse board to be used in repairing the buoys and beacons.

Any person having charge of any raft passing any buoy, beacon or day mark who shall not exercise due diligence in keeping clear of it, or if unavoidably fouling it shall not exercise due diligence in clearing it without dragging from it such buoy, beacon or day mark shall be guilty of a misdemeanor, and upon conviction shall be punished by fine not to exceed fifty dollars.

Code 1950, § 62-175; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 18 (PROTECTION OF AIDS TO NAVIGATION)
§ 62.1-188. Lien for cost of repairing or replacing buoy, beacon or day mark.
The cost of repairing or replacing any such buoy, beacon, or day mark which may have been misplaced, damaged, or destroyed by any vessel or raft whatsoever having been made fast to any such buoy, beacon, or day mark shall, when the same shall be legally ascertained, be a lien upon such vessel or raft and may be recovered against such vessel or raft and the owner or owners thereof in an action of debt in any court of competent jurisdiction in this Commonwealth.

Code 1950, § 62-176; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 18 (PROTECTION OF AIDS TO NAVIGATION)
§ 62.1-189. Anchoring on range of range lights.
It shall be unlawful for any vessel to anchor on the range of any range lights established by the United States unless such anchorage is unavoidable, and the master of any vessel so anchoring shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed fifty dollars, one-half of the fine in each case to be paid to the informer and one-half to the Commonwealth.

Code 1950, § 62-177; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 19 (DREDGING SAND AND GRAVEL)
§ 62.1-190. Dredging of sand or gravel prohibited.
It shall be unlawful for any person or corporation to dredge, dig or otherwise remove and carry away any part of any deposit of sand or gravel, or mixture of sand and gravel from any part of the fastland, or beach or bluff, abutting upon any of the rivers, streams or other waters within the jurisdiction of the Commonwealth, or from any part of the bed of such rivers, streams or other waters between high- and low-watermarks.

In case any such deposit extends uninterruptedly from low watermark out into the bed of such waters, it shall, except as hereinafter provided, be unlawful to dig and carry away any part of such extended deposit lying between such low watermark and the middle line of such waters.

Code 1950, § 62-178; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 19 (DREDGING SAND AND GRAVEL)
§ 62.1-191. Violation a misdemeanor.
Any person or corporation violating the provisions of this chapter shall be guilty of a misdemeanor.

Code 1950, § 62-179; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 19 (DREDGING SAND AND GRAVEL)
§ 62.1-192. Injunction and damages.
Any owner of any such fastland or beach, bluff, or bed of stream, between high- and low-watermark on which any such deposit exists or from which it extends towards the middle line of the water, as aforesaid, may, by appropriate proceedings brought by such owner, have an injunction against any person or corporation removing and carrying away or attempting to remove and carry away any such deposit or extension thereof without authority of the Commonwealth; and may, in such proceeding, or by separate action, recover against such violation of this chapter damages in treble the value of the material removed.

Code 1950, § 62-180; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 19 (DREDGING SAND AND GRAVEL)
§ 62.1-193. Exemptions from chapter.
The prohibitions of this chapter shall not apply to any owner of any fastland, bluff, beach or bed of stream, upon or in front of which such deposits may lie, nor to any person or corporation acting under written permission from, or contract with such owner.

None of the provisions of this chapter shall be deemed to interfere in any manner with the provisions of any law of this Commonwealth relating to taking fish and oysters.

Code 1950, § 62-181; 1968, c. 659; 1986, c. 145.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 19.1 (CLEANING AGENTS)
§ 62.1-193.1. Prohibition on certain cleaning agents.
Except as provided in § 62.1-193.2, a person may not use, sell, manufacture or distribute for use or sale in the Commonwealth any cleaning agent that contains more than zero percent phosphorus by weight expressed as elemental phosphorus except for an amount not exceeding 0.5 percent that is incidental to manufacturing. For the purposes of this chapter, "cleaning agent" means a laundry detergent, dishwashing compound, household dishwashing detergent, household cleaner, metal cleaner, industrial cleaner, phosphate compound or other substance that is intended to be used for cleaning purposes.

1987, cc. 66, 67; 2008, c. 10.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 19.1 (CLEANING AGENTS)
§ 62.1-193.2. Exceptions.
A. A person may use, sell, manufacture, or distribute for use or sale, a cleaning agent that contains greater than zero percent phosphorus by weight but does not exceed 8.7 percent phosphorus by weight that is:

1. A detergent used in a commercial dishwashing machine; and

2. A substance excluded from the zero percent phosphorus limitation of this chapter by regulations adopted by the Board of Agriculture and Consumer Services which are based on a finding that compliance with this chapter would:

a. Create a significant hardship on the user; or

b. Be unreasonable because of the lack of an adequate substitute cleaning agent.

B. This chapter shall not apply to a cleaning agent that is:

1. Used in dairy, beverage, or food processing equipment;

2. A product used as an industrial sanitizer, brightener, acid cleaner or metal conditioner, including phosphoric acid products or trisodium phosphate;

3. Used in hospitals, veterinary hospitals or clinics, or health care facilities or in agricultural or dairy production or in the manufacture of health care supplies;

4. Used in a commercial laundry that provides laundry services for a hospital, health care facility or veterinary hospital;

5. Used by industry for metal cleaning or conditioning;

6. Manufactured, stored, or distributed for use or sale outside of the Commonwealth;

7. Used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory;

8. Used for cleaning hard surfaces, including household cleansers for windows, sinks, counters, ovens, tubs, or other food preparation surfaces and plumbing fixtures; or

9. Used as a water softening chemical, antiscale chemical, or corrosion inhibitor intended for use in closed systems, such as boilers, air conditioners, cooling towers, or hot water heating systems.

1987, cc. 66, 67; 2008, c. 10.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 19.1 (CLEANING AGENTS)
§ 62.1-193.3. Administration, enforcement and penalty.
The Board of Agriculture and Consumer Services shall adopt rules and regulations to administer and enforce the provisions of this chapter. The Commissioner of Agriculture and Consumer Services or his authorized agent may seize any cleaning agent held for sale or distribution in violation of this chapter. The seized cleaning agents shall be considered forfeited.

Any person who knowingly sells, manufactures or distributes any cleaning agent in violation of the provisions of this chapter shall be guilty of a Class 1 misdemeanor. Any person who knowingly uses any cleaning agent in violation of the provisions of this chapter shall be guilty of a Class 4 misdemeanor.

1987, cc. 66, 67.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 2 (STATE POLICY AS TO WATERS)
§ 62.1-10. Definitions.
As used in this chapter, the following terms shall have the meanings respectively ascribed to them:

(a) "Water" includes all waters, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction and which affect the public welfare.

(b) "Beneficial use" means both instream and offstream uses. Instream beneficial uses include, but are not limited to, the protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. Offstream beneficial uses include, but are not limited to, domestic (including public water supply), agricultural, electric power generation, commercial and industrial uses. Public water supply uses for human consumption shall be considered the highest priority.

Code 1950, § 62-9.1; 1954, c. 330; 1958, c. 413; 1968, c. 659; 1989, c. 410.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 2 (STATE POLICY AS TO WATERS)
§ 62.1-11. Waters declared natural resource; state regulation and conservation; limitations upon right to use.
A. Such waters are a natural resource which should be regulated by the Commonwealth.

B. The regulation, control, development and use of waters for all purposes beneficial to the public are within the jurisdiction of the Commonwealth which in the exercise of its police powers may establish measures to effectuate the proper and comprehensive utilization and protection of such waters.

C. The changing wants and needs of the people of the Commonwealth may require the water resources of the Commonwealth to be put to uses beneficial to the public to the extent of which they are reasonably capable; the waste or unreasonable use or unreasonable method of use of water should be prevented; and the conservation of such water is to be exercised with a view to the welfare of the people of the Commonwealth and their interest in the reasonable and beneficial use thereof.

D. The public welfare and interest of the people of the Commonwealth require the proper development, wise use, conservation and protection of water resources together with protection of land resources, as affected thereby.

E. The right to the use of water or to the flow of water in or from any natural stream, lake or other watercourse in this Commonwealth is and shall be limited to such water as may reasonably be required for the beneficial use of the public to be served; such right shall not extend to the waste or unreasonable use or unreasonable method of use of such water.

F. The quality of state waters is affected by the quantity of water and it is the intent of the Commonwealth, to the extent practicable, to maintain flow conditions to protect instream beneficial uses and public water supplies for human consumption.

Code 1950, § 62-9.2; 1954, c. 330; 1968, c. 659; 1989, c. 410.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 2 (STATE POLICY AS TO WATERS)
§ 62.1-12. Valid uses not affected; chapter not applicable to proceedings determining rights.
Nothing in this chapter shall operate to affect any existing valid use of such waters or interfere with such uses hereafter acquired, nor shall it be construed as applying to the determination of rights in any proceeding now pending or hereafter instituted.

Code 1950, § 62-9.3; 1954, c. 330; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 2 (STATE POLICY AS TO WATERS)
§ 62.1-13. Construction with reference to rights, etc., of counties, cities and towns.
Nothing in this chapter contained shall be construed as a declaration of policy of the Commonwealth to divest any county, city or town of its title or right to any water or of its powers conferred by law with respect to the disposition thereof; nor shall anything in this chapter be construed to authorize the impairment of any contract to which such county, city or town is a party, or to obligate any county, city or town to appropriate or expend any funds. The purpose of this chapter is to recognize the public use to which such water is devoted.

Code 1950, § 62-9.4; 1954, c. 330; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 2.1 (WETLANDS [Repealed])
§ 62.1-13.1. Repealed.
Repealed by Acts 1992, c. 836.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 2.2 (COASTAL PRIMARY SAND DUNE PROTECTION ACT [Repealed])
§ 62.1-13.21. Repealed.
Repealed by Acts 1992, c. 836.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 20 (MISCELLANEOUS OFFENSES)
§ 62.1-194. Casting garbage, etc., into waters.
Except as otherwise permitted by law, it shall be unlawful for any person to cast, throw or dump any garbage, refuse, dead animal, trash, carton, can, bottle, container, box, lumber, timber or like material, or other solid waste, except fish or crab bait in any form, into any of the waters of this Commonwealth. When a violation of any provision of this section has been observed by any person, and the matter dumped or disposed of in the waters of this Commonwealth has been ejected from a boat, the owner or operator of such boat shall be presumed to be the person ejecting such matter; provided, however, that such presumption shall be rebuttable by competent evidence. Every such act shall be a misdemeanor punishable by a fine not to exceed $1,000 or confinement in jail not to exceed thirty days, or both. Every law-enforcement officer of this Commonwealth and its subdivisions shall have authority to enforce the provisions of this section.

Code 1950, §§ 62-182, 62-183; 1960, c. 246; 1968, c. 659; 1970, c. 486; 1974, c. 603; 2007, c. 24.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 20 (MISCELLANEOUS OFFENSES)
§ 62.1-194.1. Obstructing or contaminating state waters.
A. Except as otherwise permitted by law, it shall be unlawful for any person to dump, place or put, or cause to be dumped, placed or put into, upon the banks of or into the channels of any state waters any object or substance, noxious or otherwise, which may reasonably be expected to endanger, obstruct, impede, contaminate or substantially impair the lawful use or enjoyment of such waters and their environs by others. Any person who violates any provision of this law shall be guilty of a Class 1 misdemeanor. Each day that any of said materials or substances so dumped, placed or put, or caused to be dumped, placed or put into, upon the banks of or into the channels of, said streams shall constitute a separate offense and be punished as such.

B. In addition to the foregoing penalties for violation of this law, the judge of the circuit court of the locality wherein any such violation occurs, whether there be a criminal conviction therefor or not shall, upon a complaint filed by the attorney of such locality or by any person whose property is damaged or whose property is threatened with damage from any such violation, award an injunction enjoining any violation of this law by any person found by the court in such suit to have violated this law or causing the same to be violated, when made a party defendant to such suit.

1968, c. 659; 2007, c. 26.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 20 (MISCELLANEOUS OFFENSES)
§ 62.1-194.1:1. Repealed.
Repealed by Acts 1992, c. 836.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 20 (MISCELLANEOUS OFFENSES)
§ 62.1-194.2. Throwing trash, etc., into or obstructing river, creek, stream or swamp.
It shall be unlawful for any person to throw or otherwise dispose of trash, debris, tree laps, logs, or fell timber or make or cause to be made any obstruction which exists for more than a week (excepting a lawfully constructed dam) in, under, over or across any river, creek, stream, or swamp, so as to obstruct the free passage of boats, canoes, or other floating vessels, or fish in such waters. The provisions of this section shall be enforceable by duly authorized state and local law-enforcement officials and by conservation police officers whose general police power under § 29.1-205 and forest wardens whose general police powers under § 10.1-1135 shall be deemed to include enforcement of the provisions of this section. Violations of this section shall be punishable as a misdemeanor under § 18.2-12; and each day for which any violation continues without removal of such obstruction, on and after the tenth day following service of process on the violator in accordance with § 19.2-75, shall constitute a separate offense punishable as a misdemeanor under § 18.2-12.

Code 1950, § 62-187.1; 1964, c. 157; 1968, c. 86; 1988, c. 196.