28.2-630 - Rights of riparian owners to build bulkhead or wharf.
§ 28.2-630. Rights of riparian owners to build bulkhead or wharf.
All assignments or leases of oyster or clam grounds under this chapter shallbe subject to the rights vested in riparian claimants under Article 1 (§28.2-600 et seq.) of this chapter and also to the following condition: Thatany landowner who desires to erect a bulkhead or wharf in front of hisproperty or to open a channel, and who is not a lessee or riparian holder ofsuitable bottoms for that purpose, shall give the lessee or other holder ofoyster or clam grounds in front of his property twelve months' notice of suchintention; and upon the expiration of that time, the rights of the lessee orholder of so much of the oyster or clam grounds as are reasonably needed forbuilding the bulkhead, wharf, or channel shall cease. This twelve-monthnotice and waiting period shall not apply if, at the time the landownerprovides notice to the lessee or other holder of the oyster or clam groundsin front of his property, the landowner provides the Commissioner sufficientinformation describing the dimensions and location of the bulkhead, wharf orchannel and the Commissioner subsequently finds, in writing, that theproposed bulkhead, wharf or channel will not adversely impact commerciallyproductive oyster or clam grounds. For purposes of this section"commercially productive oyster or clam grounds" are those areas which canbe demonstrated to have (i) suitable substrate for oyster or clam productionand (ii) evidence of commercial oyster or clam production within the pastthree years. If the bulkhead, wharf, or channel has not commenced asspecified in the notice within three months after the oyster or clam groundswere vacated, the former lessee or holder shall have the right to resumepossession of the oyster or clam grounds he has vacated in favor of suchlandowners, subject to the provisions of this chapter. Any personconstructing a channel under this section shall compensate the lessee of anyoyster or clam grounds for all losses or damages including the value of theground taken for the construction of the channel. The lessee shall haverecourse under action of the law in the court of the proper jurisdiction ofthe Commonwealth of Virginia to recover damages.
(Code 1950, § 28-134; 1962, c. 406, § 28.1-118; 1992, c. 836; 2000, c. 167.)