CODE OF VIRGINIA

EROSION CONTROL DEVICES WITHIN THE BAYLOR SURVEY (§ 28.2-556)

The public oyster beds, rocks, and shoals shall not include any area needed for
an erosion control structure if the Commission, after considering the comments
of the Virginia Institute of Marine Science and the Department of Conservation
and Recreation, and any other relevant evidence, finds that: (i) shoreline
erosion has occurred at the site and is expected to continue; (ii) such erosion
is increasing the sediment load to public waters, causing degradation of water
quality; (iii) the proposed project is a technically and environmentally
acceptable way to control erosion at the site unless such Baylor ground is
productive under § 28.2-630 of the Code of Virginia in which case the
environmentally preferable erosion control shall be utilized; and (iv) the
Commonwealth’s interest in protecting water quality by controlling erosion
at the site outweighs the value of the portion of the natural oyster beds,
rocks, and shoals affected by the erosion control structure. Whenever the area
of the natural oyster beds, rocks, and shoals is so changed, the Commission
shall make the changes on its Baylor survey charts.

HISTORY: 1988, c. 308, § 28.1-101.4; 1989, c. 656; 1992, c. 836; 2001, c. 46.