CHAPTER 637
An Act to amend and reenact §§ 62-2.1 and 62-3 as amended, of the Code
of Virginia, relating to the authority required for the use of subaque-
ous beds and materials therefrom, and the authority of the Commis-
sion of Fisheries and the Attorney General as to beds of certain
waters of the Commonwealth.

[H 15]

Approved April 7, 1962

Be it enacted by the General Assembly of Virginia: oo
1. That §§ 62-2.1 and 62-3 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 subaque-
ous beds authorized under the provisions of Title 28 of the Code; (3) uses
incident to the construction and maintenance of approved navigation and
flood control projects; (4) seawalls and jetties incident to controlling
erosion; (5) private docks and landings for noncommercial 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 Assembly, * 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 approve or disapprove such request
and if approved, shall specify such conditions, terms and royalties as it
deems appropriate. 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 con-
tracts 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
ratified, validated and confirmed.

§ 62-3. The * Commission of Fisheries, with the approval of the
Attorney General and the consent and approval of the Governor, shall have
the authority to grant easements in and to lease the beds of such of the
waters within the jurisdiction of the State, without the Baylor survey, as
they deem proper, for periods not exceeding five years, with the right to
renew the same for additional periods not exceeding five years each to
such persons, and to specify the rent royalties and upon such other terms
as they deem expedient and proper, which easements and leases may in
addition to any other rights authorize the grantees and lessees to prospect
for and take from the bottoms covered thereby, oil, gas, and such other
minerals and mineral substances as are therein specified; provided, that
no such easement or lease shall in any way affect or interfere with the
rights vouchsafed to the people of the State concerning fishing, fowling,
and the catching and taking of oysters and other shellfish, in and from the
bottoms so leased, and the waters covering the same. All easements granted
leases made under the authority granted by this se
d in the name and for and on behalf of the Stat
eral, and shall be countersigned by the Governor.
that are collected from such easements or leases sh
e treasury to the credit of the Special Public Oyst
£ Fund for the purposes of such fund. Expenditures
ll sums from such fund shall be made as provide
missioner of Fisheries and the Attorney General
ne General Assembly of all such easements granted
. reports to be made on or before the first day of I
convening of each regular session thereof.