CHAPTER 641

An Act to amend and reenact § 62-2.1, us amended, of the Code of Vir-
ginia, relating to authority required for use of subaqueous beds.

[S 286]
Approved April 6, 1966

Be it enacted by the General Assembly of Virginia:
1. That § 62-2.1, as amended, of the Code of Virginia be amended and
reenacted as follows:

_§ 62-2.1. Except for (1) the erection of dams the construction of
which has been authorized by proper authority; (2) the uses of suba-
queous beds authorized under the provisions of Title 28 (Title 28.1) of
the Code; (3) uses incident to the construction and maintenance of ap-
proved navigation and flood control projects; (4) seawalls and jetties in-
cident to controlling erosion; (5) private docks and landings for noncom-
mercial use; (6) fills by riparian owners opposite their property to the
established bulkhead line; (7) bridge, dock, pier and other facilities for
public use or owned or operated by any public service corporation; and (8)
other uses which have been or may be authorized by the General As-
sembly, it shall be unlawful and constitute a misdemeanor for anyone to
build, dump, or otherwise trespass or encroach upon or take or use any
materials from the beds of the bays, rivers, creeks, and the shores of
the sea, which are the property of the Commonwealth, without first
obtaining authority from the Commission of Fisheries which shall ap-
prove or disapprove such request and if approved, shall specify such
conditions, terms and royalties as it deems appropriate; provided, how-
ever, that in the case of marinas and boat yards for commercial use and
not included in any of the exceptions hereinbefore set forth, upon presenta-
tion by the owner of plans which have been approved by the United States
Corps Army Engineers for erection of piers, docks, landings, slips, bulk-
heads or other structures adjacent to their highland property there shall
be issued a permit by the Commission of Fisheries without payment of
royalty, such permit shall be transferrable upon application to the Com-
mission of Fisheries provided there is no encroachment upon (1) permits,
licenses, or easements previously issued; (2) existing oyster ground leases;
(8) the Baylor Survey. A fee of twenty-five dollars shall be paid for issu-
ing the permit. When such plans call for removal of bottom material
it shall be included in the permit and there shall be paid a royalty of five
cents per cubic yard for removal of such material. Maintenance dredging
of such area shall be exempt from further royalty. Any such agreement
or contract approved and made by the Commission of Fisheries shall be
subject to the approval of the Attorney General, with the consent and
approval of the Governor.

All royalties or funds that are collected from such agreements or
contracts shall be paid into the State treasury to the credit of the Special
Public Oyster Rock Replenishment Fund for the purposes of such fund.
Expenditures and disbursements of all sums from such fund shall be
made by the State Treasurer on warrants of the Comptroller issued on
vouchers signed by such person or persons as shall be so authorized and
designated by the Commission of Fisheries.

All permits heretofore issued pursuant to this section are hereby rati-
fied, validated and confirmed.

2. An emergency exists and this act is in force from its passage.