reglab/housing_qa huggingface dataset:
VA Code § 28.2-551 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 5 - Oysters and Clams|§ 28.2-551. Surveys and reports as conclusive evidence

The surveys of the natural oyster beds, rocks, and shoals of the Commonwealth, made pursuant to Chapter 511 of the 1892 Acts of Assembly, shall continue to be the surveys defining and determining the natural oyster beds, rocks, and shoals of the Commonwealth. The surveys and reports filed in accordance with this Act of Assembly are conclusive evidence of the boundaries and limits of all the natural oyster beds, rocks, and shoals and that there are no other public oyster beds, rocks, or shoals. The surveys of the public oyster beds, rocks, or shoals of the Commonwealth referred to in this section shall not extend inshore of the mean low-water mark of such body of water, notwithstanding any surveys, plats, markers, or lines to the contrary.Code 1950, § 28-117; 1962, c. 406, § 28.1-100; 1964, c. 624; 1992, c. 836.
VA Code § 28.2-551.1 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 5 - Oysters and Clams|§ 28.2-551.1. Continuing or reestablishing historic Baylor Survey lines

When private leaseholds granted by the Commission or its predecessors appear within the Baylor Survey continuing pursuant to § 28.2-551 or as reestablished pursuant to § 28.2-553, if it shall be established to the satisfaction of the Commission, by petition duly filed prior to January 1, 2015, that the present or former leaseholders or their predecessors in title were granted the leaseholds within the area shown on "Atlantic Coast Chart No. 25" of the "Public Oyster Grounds, State of Virginia, 1895" in good faith more than five years previously and have made substantial improvements in such leasehold bottoms since that time, the Commission shall reestablish the lines of the Baylor Survey along the survey lines between the private leaseholds previously approved. Any notice to vacate such leaseholds shall be of no effect.In reestablishing Baylor Survey lines pursuant to this section, the Commission may adjust the boundaries to facilitate ease of protection for the public grounds, provided that such adjustment shall neither reduce nor enlarge the area of public grounds, nor materially reduce or increase the value of the private grounds whose boundaries are being adjusted.2014, c. 138.
VA Code § 28.2-552 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 5 - Oysters and Clams|§ 28.2-552. Resurvey on motion of Commission or on application of citizens

The Commission may select and appoint any surveyor to survey or resurvey any oyster-planting grounds either in his own or any other county, and to reestablish and permanently mark any line or lines of the Baylor survey of natural oyster rocks which the Commission finds necessary to define.Code 1950, § 28-117; 1962, c. 406, § 28.1-100; 1964, c. 624; 1992, c. 836.
VA Code § 28.2-553 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 5 - Oysters and Clams|§ 28.2-553. Reestablishment of lines of Baylor survey; procedure; evidence of reestablished lines

The Commission may reestablish, relocate, and remark all lines of the Baylor survey which cannot be otherwise relocated because of the loss or destruction of previous marks. In reestablishing any such lines, the line surveyed by Fred E. Ruediger shall be followed wherever such line exists or was surveyed. Where no former line can be reestablished the Commission may establish a new line.When such grounds or lines have been reestablished and relocated, the reestablishment and relocation shall be conclusive evidence in all courts of the Commonwealth that such grounds are public oyster rocks, beds, or shoals and that all grounds lying outside of such boundaries are rental grounds. Plats shall be made under the direction of the Commission showing the reestablishment of such lines, and shall be recorded in the appropriate clerk's office.Code 1950, § 28-118; 1962, c. 406, § 28.1-101; 1964, c. 393; 1992, c. 836.
VA Code § 28.2-554 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 5 - Oysters and Clams|§ 28.2-554. Sale of Baylor survey charts and plats

The Commissioner shall have available to sell at five dollars per copy to the public copies of the Baylor survey charts and plats, in such manner as the Commissioner may determine.Code 1950, § 28-118; 1962, c. 406, § 28.1-101; 1964, c. 393; 1992, c. 836.
VA Code § 28.2-555 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 5 - Oysters and Clams|§ 28.2-555. Crossings of Baylor survey

The Department of Transportation may maintain, repair, reconstruct, or replace any existing crossings of the Baylor survey. Such authorization is granted for any Baylor survey crossing determined by the Commonwealth Transportation Board to be necessary across the Hampton Roads from Newport News to Portsmouth, across the Elizabeth River at Norfolk, and construction parallel to an existing crossing of the James River from Newport News to Isle of Wight County.1974, c. 93, § 28.1-101.2; 1992, c. 836; 2013, cc. 585, 646.
VA Code § 28.2-556 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 5 - Oysters and Clams|§ 28.2-556. Erosion control devices within the Baylor survey

The public oyster beds, rocks, and shoals shall not include any area needed for an erosion control structure if the Commission, after considering the comments of the Virginia Institute of Marine Science and the Department of Conservation and Recreation, and any other relevant evidence, finds that: (i) shoreline erosion has occurred at the site and is expected to continue; (ii) such erosion is increasing the sediment load to public waters, causing degradation of water quality; (iii) the proposed project is a technically and environmentally acceptable way to control erosion at the site unless such Baylor ground is productive under § 28.2-630 of the Code of Virginia in which case the environmentally preferable erosion control shall be utilized; and (iv) the Commonwealth's interest in protecting water quality by controlling erosion at the site outweighs the value of the portion of the natural oyster beds, rocks, and shoals affected by the erosion control structure. Whenever the area of the natural oyster beds, rocks, and shoals is so changed, the Commission shall make the changes on its Baylor survey charts.1988, c. 308, § 28.1-101.4; 1989, c. 656; 1992, c. 836; 2001, c. 46.
VA Code § 28.2-557 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 5 - Oysters and Clams|§ 28.2-557. Unlawful to threaten or hinder surveyor; rights of surveyor; penalty

It is unlawful for any person to threaten, resist, or in any manner interfere with a surveyor in the performance of duties relating to oyster grounds. The surveyor shall have the right to enter upon any person's lands in the performance of his duties.A violation of this section is a Class 3 misdemeanor.Code 1950, § 28-119; 1962, c. 406, § 28.1-102; 1992, c. 836.
VA Code § 28.2-558 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 5 - Oysters and Clams|§ 28.2-558. Placing permanent markers

Whenever the Commission makes or directs any surveys of Virginia's public oyster rocks, prominent and permanent concrete markers shall be placed on the shores fixing the survey stations; and, whenever possible, prominent and permanent range markers shall be placed on the shores or lands. The Commission shall pay the cost of such markers.Code 1950, § 28-120; 1962, c. 406, § 28.1-103; 1992, c. 836.
VA Code § 28.2-559 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 5 - Oysters and Clams|§ 28.2-559. Removal of oysters planted by mistake

When, by any resurvey of oyster-planting ground or survey reestablishing the lines of the Baylor survey made under the direction of the Commission, it appears that any holder, by mistake of any employee of the Commission, has had assigned to him and included in the plat of his assignment any portion of the public oyster beds, rocks, or shoals, the holder shall file a petition with the Commission for permission to remove such oysters or shells from such ground. The Commission may allow the holder a reasonable time, not exceeding three years, within which to remove such oysters, their progeny and their shells.Code 1950, § 28-113; 1962, c. 406, § 28.1-104; 1987, c. 43; 1992, c. 836.
VA Code § 28.2-560 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 5 - Oysters and Clams|§ 28.2-560. Larceny of oysters and shells; penalty

Any person other than the holder of an oyster-planting ground or his agents or employees who goes upon such ground and takes oysters and shells is guilty of larceny.Code 1950, § 28-114; 1962, c. 406, § 28.1-105; 1992, c. 836.
VA Code § 28.2-561 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 5 - Oysters and Clams|§ 28.2-561. Removal of markers of planting grounds; penalty

It is unlawful for any person to intentionally or knowingly injure, remove, or displace any boundary oyster stake, range monument, signal beacon, post or buoy, or any part thereof, erected to designate, locate, survey, or map any shellfish grounds.A violation of this section is a Class 3 misdemeanor.Code 1950, § 28-121; 1962, c. 406, § 28.1-106; 1992, c. 836.
VA Code § 28.2-562 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 5 - Oysters and Clams|§ 28.2-562. Maps to be filed; evidential value

All maps of the bays, rivers, and creeks of this Commonwealth made by the Commission showing the location of oyster-planting grounds shall be filed in the office of the Commission.Any such map and the areas of the individual assignments of platted oyster-planting grounds shall be evidence in all the courts of this Commonwealth of all the oyster-planting grounds leased by the Commonwealth to private individuals at the time the survey and map were made.Code 1950, § 28-122; 1962, c. 406, § 28.1-107; 1984, c. 4; 1992, c. 836.
VA Code § 28.2-600 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 6 - Planting Grounds|§ 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 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 only a riparian planting ground that the Commissioner, in his discretion, deems appropriate to encompass as much as one-half acre of ground, subject to the Commissioner's discretion with respect to the precise location, and provided that the ground does not encroach into an existing oyster-planting ground lease assigned under Article 2 (§ 28.2-603 et seq.). 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 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.).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.Code 1950, §§ 28-39, 28-123; 1950, p. 987; 1952, c. 649; 1956, c. 586; 1958, c. 184; 1960, c. 517; 1962, c. 406, §§ 28.1-44, 28.1-108; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1976, c. 256; 1978, c. 548; 1984, cc. 100, 244, 259; 1986, cc. 168, 184; 1992, c. 836; 2019, cc. 152, 164.
VA Code § 28.2-601 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 6 - Planting Grounds|§ 28.2-601. Riparian assignments; entitlements; obligations

The riparian leaseholder shall have the exclusive right to the use of such ground for planting or gathering oysters and clams.The assignment made pursuant to § 28.2-600 shall pass with the transfer of the adjacent highland to the subsequent owner of highland and cannot be held separated from the highland. A transfer of highland ownership shall require a transfer of the riparian assignment within eighteen months after the transfer of the highland ownership under the following conditions:1. The application for transfer shall be in the form prescribed by the Commission and shall be filed with the Commissioner.2. The Commissioner shall require a new survey if there is not a survey of the exact parcel or parcels of grounds to be transferred.3. The cost of any new surveys required under this section shall be borne by the person making the transfer, and the cost and fees shall be the same as for surveys of general oyster-planting ground.4. The application shall be accompanied by a transfer fee of five dollars.5. The Commissioner shall return the approved application for transfer and plat with any correction to the applicant. A copy of the transfer and plat shall be recorded at the Commissioner's office.6. If no application for transfer is received by the Commissioner within eighteen months after the transfer of the highland ownership, the riparian assignment shall become vacant and open to assignment.Code 1950, § 28-123; 1950, p. 987; 1956, c. 586; 1958, c. 184; 1960, c. 517; 1962, c. 406, § 28.1-108; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1976, c. 256; 1978, c. 548; 1984, cc. 100, 244, 259; 1986, c. 168; 1992, c. 836.
VA Code § 28.2-602 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 6 - Planting Grounds|§ 28.2-602. Riparian assignments; special terms and conditions

The provisions of this article apply to all Virginia counties and cities bordering on bodies of water in oyster-growing areas, except they shall not apply to riparian lands located above the James River bridge in the James River or its tributaries. In any Virginia county or city where more than one-half acre of ground per waterfront tract has been assigned to a riparian owner, the ground in excess of one-half acre shall be ground held under a regular lease and assignment, and not a riparian assignment.For Northampton County, however, § 6 of Chapter 254 of the 1883-1884 Acts of Assembly, not this article, shall govern the quantity of land to be assigned to and held by riparian owners. Nothing in this article authorizes a rental of a lesser amount per acre than that provided by law for riparian owners in Northampton County of the land assigned them as such riparian owners. Nothing in the section which restores to riparian owners in Northampton County one-fourth of their waterfronts suitable for planting oysters, permits the owners of waterfronts to compel occupants of the fronts to remove their oysters from any fourth of the shores, if the residue of the shore is already in the landowner's possession or is unoccupied.Riparian landowners may erect wharves, landings, or other structures as otherwise permitted by law.Code 1950, § 28-123; 1950, p. 987; 1956, c. 586; 1958, c. 184; 1960, c. 517; 1962, c. 406, § 28.1-108; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1976, c. 256; 1978, c. 548; 1984, cc. 100, 244, 259; 1986, c. 168; 1992, c. 836.
VA Code § 28.2-603 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 6 - Planting Grounds|§ 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, including the use of temporary protective enclosures in compliance with this chapter and Commission regulations, and may be leased by the Commissioner upon the receipt of a proper application.Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406, § 28.1-109(1); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973, c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1986, c. 171; 1992, c. 836; 2007, cc. 28, 170; 2010, c. 27; 2011, c. 314.
VA Code § 28.2-603.1 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 6 - Planting Grounds|§ 28.2-603.1. Temporary enclosures on leased ground

The Commission shall, pursuant to its authority to regulate marine fisheries and commercial fishing, establish a general permit regulation authorizing the use of temporary protective enclosures to grow shellfish on grounds leased pursuant to § 28.2-603. In developing the general permit, the Commission shall consider those factors set forth in subsection A of § 28.2-1205. In addition to such other requirements as the Commission may prescribe for the protection of public safety, navigation, natural resources, and the environment, the general permit shall include the following provisions:1. Leaseholders shall comply with any Commission requirements pertaining to aquaculture licensing;2. Enclosures shall be constructed of nontoxic materials;3. Leaseholders shall not place enclosures (i) in or upon submerged aquatic vegetation, (ii) in any marked navigation channel or in any other area that would create a hazard, or (iii) in any area that would impede customary access to navigable waters from any riparian property, public or commercial landing, or marina facility;4. The location of enclosures shall be clearly marked to alert boaters and to allow the leaseholder or other authorized persons to retrieve the enclosures if necessary. The general permit regulation shall specify acceptable means and devices for complying with this requirement;5. Leaseholders shall maintain a list identifying those leases on which enclosures are placed during the term of the lease and provide, upon request, a current copy of the list to authorized representatives of the Commission. Leaseholders shall also submit such list to be filed with any application for lease renewal made pursuant to § 28.2-613;6. Leaseholders shall promptly remove any enclosure that is not actively in use for the planting and propagating of shellfish, and, upon expiration or termination of a lease or of the leaseholder's aquaculture license, the leaseholder shall promptly remove all enclosures placed on the leasehold; and7. At his discretion, the Commissioner may order the removal or relocation of any enclosure that interferes with navigation, creates a hazard, or otherwise fails to comply with the conditions of the general permit.2007, cc. 28, 170.
VA Code § 28.2-603.2 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 6 - Planting Grounds|§ 28.2-603.2. Commissioner to provide notice

A. At least 30 days before placing temporary protective enclosures on a leasehold pursuant to § 28.2-603.1, the leaseholder shall provide written notification to the Commissioner that identifies the leasehold, the approximate maximum number of enclosures to be placed on the leasehold at any given time, and the estimated date such placement will begin. No later than 30 days after receiving such notification, the Commissioner may publish notice of the proposed placement in a newspaper of general circulation serving the area in which the leasehold is located. In determining whether to publish such notice, the Commissioner shall consider the potential effect on existing uses of waters proximate to the leasehold and the potential for conflict between the proposed placement and such uses. The public notice shall invite written comment on the proposed placement and include information concerning the submission of written comments. The Commission may receive written comments for no more than 30 days following publication of notice.B. If, on the basis of written comments, the Commissioner finds significant and substantive opposition from persons residing on or using the waters proximate to the leasehold, the Commissioner shall convene a public meeting on the proposal no more than 30 days after the close of the comment period. No later than 15 days after the public meeting, the Commissioner shall (i) approve the proposal, (ii) approve the proposal with conditions, or (iii) deny the proposal. If the Commissioner denies the proposal, the leaseholder may request approval of the proposal before a hearing of the Commission.C. If the Commissioner determines not to publish public notice, the Commissioner shall, no later than 30 days after receiving written notification of the proposal, advise the leaseholder to proceed in accordance with the requirements of the general permit. If the Commissioner publishes public notice but does not find significant and substantive opposition by persons residing on or using the waters to the leasehold, the Commissioner shall, no later than 15 days after the close of the comment period, advise the leaseholder to proceed in accordance with the requirements of the general permit.2007, cc. 28, 170.
VA Code § 28.2-604 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 6 - Planting Grounds|§ 28.2-604. Eligible applicants

Application for assignment of general oyster-planting ground may be made by (i) any resident of the Commonwealth, (ii) any county, municipality, or political subdivision of the Commonwealth, or (iii) any firm, or corporation chartered under the laws of this Commonwealth for the purpose of oyster culture and the oyster business provided that at least sixty percent of the stock of any such corporation is wholly owned by residents of the Commonwealth.Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406, § 28.1-109(2); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973, c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1986, c. 171; 1992, c. 836.
VA Code § 28.2-605 (2021)
2021 Code of Virginia|Title 28.2 - Fisheries and Habitat of the Tidal Waters|Chapter 6 - Planting Grounds|§ 28.2-605. Application for assignment

All applications for assignment of general oyster-planting grounds shall be made in writing, in duplicate, to the Commission. Applications shall be considered in the same order in which they are received, except that no application for any ground then under lease shall be valid for that portion under lease. The application shall state, as nearly as possible, the number of acres applied for and definite location, with the name of one or more prominent points or objects adjacent to such ground. It shall be the duty of any resident, firm, or corporation desiring to obtain a location for planting or propagating oysters to apply to have the location determined, designated, surveyed, and assigned.Code 1950, § 28-124; 1954, c. 352; 1958, c. 183; 1960, c. 517; 1962, c. 406, § 28.1-109(3); 1964, c. 393; 1966, c. 684; 1970, c. 726; 1972, c. 644; 1973, c. 14; 1978, cc. 546, 548; 1980, cc. 34, 609; 1984, c. 259; 1986, c. 171; 1992, c. 836.