28.2-1206 - Permit fees; exemptions.
§ 28.2-1206. Permit fees; exemptions.
A. The fee paid to the Commission for issuing each permit to recoverunderwater historic property shall be $25.
B. The fee paid to the Commission for issuing each permit to use state-ownedbottomlands shall be $25, but if the cost of the project is to exceed$10,000, the fee paid shall be $100. Riparian owners of (i) commercialfacilities engaged in the business of ship construction or repair, (ii)commercial facilities providing services relating to the shipping of domesticor foreign cargo, and (iii) commercial facilities engaged in the business ofselling or servicing watercraft shall be exempt from the payment of rents androyalties, except as provided in subsection C.
C. When the activity or project for which a permit is requested will involvethe removal of bottom material, the application shall indicate this fact. Ifgranted, the permit shall specify a royalty of not less than $.20, nor morethan $.60, per cubic yard of bottom material removed. In fixing the amount ofthe royalty, the Commission shall consider, among other factors, thefollowing:
1. The primary and secondary purposes for removing the bottom material;
2. Whether the material has any commercial value and whether it will be usedfor any commercial purpose;
3. The use to be made of the removed material and any public benefit oradverse effect upon the public that will result from the removal or disposalof the material;
4. The physical characteristics of the material to be removed; and
5. The expense of removing and disposing of the material.
D. Where it appears that the project or facility for which a permitapplication is made has been completed or work thereon commenced at the timeapplication is made, the Commission may impose additional assessments not toexceed an amount of three times the normal permit fee and royalties, unlesssuch royalties are prohibited by this chapter.
E. Bottom material removed attendant to maintenance dredging or directionaldrilling shall be exempt from any royalty. The Virginia Department ofTransportation shall be exempt from all fees, rents and royalties otherwiseassessable under this section. All counties, cities, and towns of theCommonwealth shall pay the required permit fee but shall be exempt from allother fees, rents and royalties assessable under this section if the permitis issued prior to the commencement of any work to be accomplished under thepermit.
F. All fees, rents and royalties collected pursuant to this chapter on andafter July 1, 2000, shall be paid into the state treasury to the credit ofthe Marine Habitat and Waterways Improvement Fund.
(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; 2000, c. 1056; 2004, cc. 899, 1018.)