Chap. 242.—An ACT to define the rights of riparian owners, their lessees and
licensees, in tiie counties of Westmoreland, Richmond, Lancaster, Northum-
berland and Prince George in the matter of the selection of positions for blinds
from which to shoot ducks, to provide for the protection of such rights; to
prescribe the distances at which such blinds may, and may not, be located from
the shore line in the different waters of the Commonwealth and from the
property line of other persons, the depth of water in which such blinds may
be located, and the distances between blinds; to make it unlawful to erect or
maintain blinds at certain places in certain waters; to provide for the issuing
of licenses to erect and maintain such blinds, and to prescribe the fees to be
paid therefor; and to prescribe penalties for violations of the provisions of
this act. [S B 261]

Approved March 27, 1934

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. All owners of riparian rights, their lessees or licensees,
on the waters of this State in the counties of Westmoreland, Richmond,
Lancaster, Northumberland and Prince George shall, by virtue of said
ownership, be first entitled to make a choice of the “set” or position
in front of the property of which they are the owners of the riparian
rights, lessees or licensees, for the purpose of erecting, setting or main-
taining booby, brush or stake blind or blinds, provided, that said riparian
owners, their lessees or licensees shall avail themselves of said choice
of localities and clearly mark the same on said waters by erecting a
stake, on which shall appear the license number of each blind and the
licensee’s name as hereinafter provided, on or before October tenth of
each and every year, and said blind or blinds licensed prior to October
tenth must be erected on or before November tenth and said blind or
blinds licensed after November tenth must be erected on or before
twenty days thereafter, except as herein provided. In case the opening
date of the duck season changes, the number of days for marking of
location and building of blind shall remain relatively the same to the
opening date.

Section 2. For the protection of shore-owners, their lessees or
licensees, desiring to locate a blind or blinds on their shores, when any
such owner, lessee or licensee shall, on or before October tenth of any
year, purchase a license as hereinafter provided for, and establish
a stake in the water at the lawful distance from the shore, with the
name of the licensee and the number of his license painted thereon,
such stake shall be deemed a blind in the purview of this act.

Section 3. It shall be lawful in or over the waters to erect, set or
maintain a booby, brush or stake blind, which shall be stationary and
in which shall be built a platform for the purpose of shooting from.
It shall be unlawful to erect, set or maintain any blind at a greater
distance from the natural shore line than three hundred yards in all
waters except the Potomac, the Rappahannock and the Chesapeake
bayshore between Smith Point and Windmill Point. In the Potomac
and Rappahannock this distance shall not exceed five hundred yards,
and on the bayshore between Smith Point and Windmill Point, one
thousand yards; but in no case shall a blind be placed in water over
eight feet deep. The distance between blinds shall be not less than five

hundred yards, the distance being taken as actual distance between
lines drawn perpendicular to shore through location of blinds.

Section 4. It shall be unlawful for any person to erect, set or main-
tain a blind on any of the waters of the aforesaid counties at a farther
distance from the shore than one-half of said river where said river is
less than six hundred yards in width, nor shall any person place any
blind on any of the waters across any channel where said channel runs
near the center of said river.

Section 5. A bona fide resident of this State or a non-resident
owner of land bordering on any of the rivers of said counties or a non-
resident owning property assessed at five hundred dollars ($500.00),
or more on any of the tax books of this State, may erect, set or main-
tain a booby, brush or stake blind as herein provided, after first ob-
taining a license to do so from the person legally designated to issue
hunting and fishing license in the respective counties, in which said
blind is located opposite the shore thereof, in the same manner in which
the hunting license is obtained, and the said clerk is authorized to issue
such license upon payment of the applicant of the sum of five dollars,
and in addition to the license fee so received the clerk issuing same
shall collect and retain the sum of ten cents (10 cents), in lieu of all
other compensation, as the clerk’s fee. The clerk shall not issue to any
one person, copartnership, association or corporation license to erect,
set or maintain more than two booby, brush or stake blinds in or
over the waters of said counties. Such license shall expire on the
thirtieth day of June next following the date of issue. Said clerk shall
not accept an application for any license until after June thirtieth of
each year and shall issue license in rotation as applications are received.
Any person having a license for any set for one season shall have until
July thirtieth of the next season to obtain a new license for the same
set. Said applicant for said license shall certify to said clerk when
making application for said license that he is the owner, lessee, or
licensee of the legal amount of shore front as required by law. Such
license shall not be transferable, and if used or presented by any
person other than the person to whom it was issued, such license shall
be confiscated by the game warden, deputy game warden, constable
or other officer who shall find such license being used illegally, and the
blind for which said license was issued, shall be destroyed. The said
license tax for duck blinds shall be considered a special license tax and
in addition to other license taxes for hunting and shooting now pre-
scribed by the laws of Virginia, and shall be paid by the said clerk to
the Commission of Game and Inland Fisheries to be expended for
the purpose of enforcing the provisions of the duck blind law in the
said counties of Westmoreland, Richmond, Lancaster, Northumberland,
and Prince George.

Any person who shall violate any provision of this act shall be
deemed guilty of a misdemeanor and upon conviction, shall be fined
not more than one hundred dollars for each offense.

Section 6. Blank applications for such licenses shall be furnished
to the clerks issuing hunting licenses in said counties, by the Commis-

sion of Game and Inland Fisheries, and shall provide for the location
of blind, and name of the owner of said shore property opposite to
which said blind is located. Application for any such license may be
made through the mails, and upon proper information as provided
herein, the clerk shall issue same. Said license shall bear the signature
of the Commissioner of Game and Inland Fisheries, and shall be
countersigned by the clerk issuing the same, who shall fill out at the
same time the stub attached to the license blank the name and address
of the licensee and the locations of the blind, and shall then detach
said stub and mail to the Commission of Game and Inland Fisheries.
In addition to said license for said blind, every person hunting from
same must have in his possession a regular hunting license, and a
button displayed on outer garment, as prescribed by law.

Section 7. Any person who shall obtain a license to erect a blind
as provided for in this act, and the said blind shall thereafter be des-
troyed in any manner beyond the control of the owner, shall have
thirty days in which to replace or restore the same without losing the
set which the same formerly occupied.

Whenever an owner of the land bordering on any water of said
counties, or any other person to whom he shall have given permission
to do so, shall desire to erect a booby, brush or stake blind in front of
his property, he shall not place same within two hundred and fifty
yards of the dividing lines of any property owned by him and adjoining
property bordering on said waters, meaning a line extending out over
the waters drawn direct from the dividing line of said property at the
shore line, unless with the consent of the adjoining land owner, the
same being for the purpose of allowing each land owner bordering on
any of the waters in said counties permission to avail himself of the
privilege of setting, erecting or maintaining a booby, brush or stake
blind in front of his property. No riparian owner shall be preferred
in the location of more than one set by virtue of his being a riparian
owner.