29.1-744 - Local regulation; application for placement or removal of "no wake" buoys, etc.
§ 29.1-744. Local regulation; application for placement or removal of "nowake" buoys, etc.
A. Any political subdivision of this Commonwealth may, at any time, but onlyafter public notice, formally apply to the Board for special rules andregulations with reference to the safe and reasonable operation of vessels onany water within its territorial limits and shall specify in the applicationthe reasons which make the special rules or regulations necessary orappropriate.
B. The Board is authorized upon application by a political subdivision or itsown motion to make special or general rules and regulations with reference tothe safe and reasonable operation of vessels on any waters within theterritorial limits of any political subdivision of this Commonwealth. Withoutlimiting the generality of the grant of such power, a system of regulatory ornavigational markers may be adopted by the Board. Nothing in this sectionshall be construed to affect the application of any general law concerningthe tidal waters of this Commonwealth.
C. Any county, city or town of this Commonwealth may enact ordinances whichparallel general law regulating the operation of vessels on any waters withinits territorial limits, including the marginal adjacent ocean, and theconduct and activity of any person using such waters. The locality may alsoprovide for enforcement and penalties for the violation of the ordinances,provided the penalties do not exceed the penalties provided in this chapterfor similar offenses.
D. After notice to the Department, any county, city or town may, byordinance, establish "no wake" zones along the waterways within thelocality in order to protect public safety and prevent erosion damage toadjacent property. However, any county that is adjacent to an inland lake (i)more than 500 feet above sea level and (ii) of 20,000 acres or more andwholly located within the Commonwealth may, by ordinance, establish "nowake" zones along such lake within the locality in order to protect publicsafety or prevent erosion damage to adjacent property. The markers and buoysdesignating a no wake zone shall conform to the requirements established bythe Board. Any marker or buoy which is not placed in conformance with theregulations of the Board or which is not properly maintained shall be removedby the locality. The locality may provide for enforcement and penalties forthe violation of the ordinance.
E. Any person who desires to place or remove "no wake" buoys or othermarkers relating to the safe and efficient operation of vessels pursuant toany local ordinance shall apply to the local governing body. The localgoverning body shall approve, disapprove or approve with modifications theapplication and forward it to the Director, who shall approve, disapprove orapprove with modifications within thirty days the placement and type ofmarker to be used or the removal of "no wake" buoys or other markers. Thecost of the purchase and placement or the removal of the buoys or markersshall be borne by the person requesting the placement or removal of the buoysor markers. Any marker or buoy which is not placed in conformance with theregulations of the Board or which is not properly maintained may be removedby the Department. "No wake" buoys or other markers placed prior to July 1,2001, shall only be removed when no longer required for the safe andefficient operation of vessels pursuant to any local ordinance.
(1960, c. 500, § 62-174.15; 1964, cc. 346, 654; 1968, c. 659, § 62.1-182;1978, c. 598; 1982, c. 232; 1987, c. 488; 1997, c. 522; 1999, c. 489; 2001,c. 649.)