28.2-1203 - Unlawful use of subaqueous beds; penalty.
§ 28.2-1203. Unlawful use of subaqueous beds; penalty.
A. It shall be unlawful for any person to build, dump, trespass or encroachupon or over, or take or use any materials from the beds of the bays, ocean,rivers, streams, or creeks which are the property of the Commonwealth, unlesssuch act is performed pursuant to a permit issued by the Commission or isnecessary for the following:
1. Erection of dams, the construction of which has been authorized by properauthority;
2. Uses of subaqueous beds authorized elsewhere in this title;
3. Construction and maintenance of congressionally approved navigation andflood-control projects undertaken by the United States Army Corps ofEngineers, the United States Coast Guard, or other federal agency authorizedby Congress to regulate navigation, navigable waters, or flood control;
4. Construction of piers, docks, marine terminals, and port facilities ownedor leased by or to the Commonwealth or any of its political subdivisions;
5. Except as provided in subsection D of § 28.2-1205, placement of privatepiers for noncommercial purposes by owners of the riparian lands in thewaters opposite those lands, provided that (i) the piers do not extend beyondthe navigation line or private pier lines established by the Commission orthe United States Army Corps of Engineers, (ii) the piers do not exceed sixfeet in width and finger piers do not exceed five feet in width, (iii) any Lor T head platforms and appurtenant floating docking platforms do not exceed,in the aggregate, 400 square feet, (iv) if prohibited by local ordinanceopen-sided shelter roofs or gazebo-type structures shall not be placed onplatforms as described in clause (iii), but may be placed on such platformsif not prohibited by local ordinance, and (v) the piers are determined not tobe a navigational hazard by the Commission. Subject to any applicable localordinances, such piers may include an attached boat lift and an open-sidedroof designed to shelter a single boat slip or boat lift. In cases in whichopen-sided roofs designed to shelter a single boat, boat slip or boat liftwill exceed 700 square feet in coverage or the open-sided shelter roofs orgazebo structures exceed 400 square feet, and in cases in which an adjoiningproperty owner objects to a proposed roof structure, permits shall berequired as provided in § 28.2-1204;
6. Agricultural, horticultural or silvicultural irrigation on riparian landsor the watering of animals on riparian lands, provided that (i) no permanentstructure is placed on or over the subaqueous bed, (ii) the personwithdrawing water complies with requirements administered by the Departmentof Environmental Quality under Title 62.1, and (iii) the activity isconducted without adverse impacts to instream beneficial uses as defined in §62.1-10; or
7. Recreational gold mining, provided that (i) a man-portable suction dredgeno larger than four inches in diameter is used, (ii) rights of riparianproperty owners are not affected, (iii) the activity is conducted withoutadverse impacts to instream beneficial uses as defined in § 62.1-10, (iv) theactivity is conducted without adverse impacts to underwater historicproperties and related objects as defined in § 10.1-2214, and (v) theactivity is not defined as mining in § 45.1-180.
B. A violation of this section is a Class 1 misdemeanor.
(Code 1950, § 62-2.1; 1960, c. 600; 1962, c. 637; 1966, c. 641; 1968, c. 659,§ 62.1-3; 1970, c. 621; 1972, c. 866; 1973, cc. 23, 361; 1974, cc. 92, 385;1975, c. 431; 1976, c. 579; 1980, c. 253; 1982, c. 102; 1988, c. 868; 1992,c. 836; 1998, c. 605; 2000, c. 167; 2001, c. 234; 2003, c. 973; 2006, c. 507;2007, c. 25.)