28.2-1103 - Virginia Estuarine and Coastal Research Reserve System created; purpose; Virginia Institute of Marine Science to administer.
§ 28.2-1103. Virginia Estuarine and Coastal Research Reserve System created;purpose; Virginia Institute of Marine Science to administer.
A. There is hereby created the Virginia Estuarine and Coastal ResearchReserve System (the System) for the purpose of establishing a system ofprotected sites representative of the Commonwealth's estuarine and coastallands in which research and long-term monitoring will be conducted in supportof the Commonwealth's coastal resource management efforts.
B. The System shall be established and administered by the Virginia Instituteof Marine Science of The College of William and Mary. The Institute shallconsult with and seek the advice of the Virginia Coastal Program and of thosestate agencies responsible for administering programs of the Virginia CoastalProgram; the Marine Resources Commission; the Department of Game and InlandFisheries; the Department of Conservation and Recreation; the Department ofHealth; and the Department of Environmental Quality.
C. Sites included within the System shall be within any jurisdiction includedin Tidewater Virginia as defined in § 10.1-2101.
D. The Institute may accept the dedication, by voluntary act of the owner, ofareas it deems suitable for the System. Dedication may include transfer offee simple title or other interest in land to the Commonwealth or may be inthe form of voluntary agreement with the owner to include the area within theSystem. Estuarine and Coastal Research Reserve System sites may also beacquired by gift, grant, or purchase.
E. The instrument of dedication may:
1. Contain restrictions and other provisions relating to management, use,development, transfer, and public access, and may contain any otherrestrictions and provisions as may be necessary or advisable to further thepurposes of this article;
2. Define, consistent with the purposes of the article, the respective rightsand duties of the owner and of the Commonwealth and provide procedures to befollowed in case of violations of the restriction;
3. Recognize and create reversionary right, transfers upon conditions or withlimitations, and gifts over; and
4. Vary in provisions from one System site to another, in accordance withdifferences in the characteristics and conditions of the several areas.
F. Public departments, commissions, boards, counties, municipalities,corporations, colleges, universities and all other agencies andinstrumentalities of the Commonwealth and its political subdivisions mayenter into agreements with the Institute to dedicate suitable areas withintheir jurisdictions as Estuarine and Coastal Research Reserve System sites.
G. Subject to the approval of the Governor and the Attorney General, theCommonwealth may enter into amendments to the instrument of dedication uponfinding that the amendment will not permit an impairment, disturbance, use,or development of the area that is inconsistent with the provisions of thisarticle. If a fee simple estate in the Estuarine and Coastal Research ReserveSystem is not held by the Institute under this article, no amendment may bemade without the written consent of the owner of the other interests therein.
H. The Institute is empowered to enter into agreements with federal agenciesholding title to lands within Tidewater Virginia to include suitable portionsof agency holdings in the Virginia Estuarine and Coastal Research ReserveSystem.
I. All lands within the system shall be used primarily for research andeducation. Other public uses such as hunting and recreation on those researchreserve lands owned by the Institute shall be allowed, consistent with theseprimary uses. Improvements and alterations to research reserve lands owned bythe Institute shall be limited to those consistent with these uses.
(1999, c. 553; 2005, c. 41.)