Section 30. Method and manner of marking

A. Marking requirements. When leased oyster planting ground is marked, the corners and boundary lines or the active works areas within the lease shall be marked with markers or buoys and shall be marked in a manner that does not create any unnecessary restriction to navigation.

1. Corner markers. Corners that are marked shall have a maximum of three markers per corner.

2. Boundary line markers. Individual line markers shall be set at intervals no more than 600 feet apart and may be placed at intervals no less than 150 feet apart.

3. Active work area markers. Areas where aquaculture structures are being used shall be marked in conformance with subsection B of this section and as required in 4VAC20-335.

4. Marking of the corners, boundary lines, or active work areas within the lease shall constitute valid marking for enforcement purposes.

B. Description of markers.

1. When stakes are used for lease corner markers, lease boundary line markers, or active work area markers within a lease they shall have a diameter of no greater than two inches if solid and an inside diameter no greater than two inches if hollow, at and above the mean low water line, and shall extend at least four feet above the mean high water line, but no more than six feet above mean high water. The marker shall be made of such materials not so rigid as to harm a boat if accidently struck, such as PVC pipe, bamboo, white oak, cedar, or gum saplings. Metal pipe markers are prohibited.

2. When can buoys are used they shall be constructed of suitable material, shall be no larger than six inches in diameter, and shall be anchored to the bottom with sufficient weight to prevent their moving during adverse weather conditions. Can buoys shall be constructed and anchored so as to extend at least four feet above, but not more than six feet above the water line at all times. When ball buoys are used they shall be constructed of suitable material, shall be no smaller than 45 inches in circumference, and shall be anchored to the bottom with sufficient weight to prevent their moving in adverse weather conditions.

3. Leased oyster grounds on which active shellfish propagation is occurring shall have a minimum of two placards constructed of durable material along at least two sides of the lease or active work area, and each placard shall be at least four feet above the mean high water line, depicting the initials of the leaseholder and shall conform to the dimensions established by the commissioner. No person shall dredge or scrape his oyster planting ground unless he is in conformance with § 28.2-517 of the Code of Virginia to include the marking requirements contained in that section. Oyster ground lease corner markers, boundary line markers, and active work area markers may be marked with two-inch white reflective tape, white reflective paint, or white fluorescent paint. If the lease is bisected or borders along a Virginia Department of Health, Division of Shellfish Sanitation shellfish area condemnation line, such line markers shall be marked with two-inch yellow reflective tape, yellow reflective paint, or yellow fluorescent paint.

Historical Notes

Derived from VR450-01-0038 § 3, eff. July 1, 1986; amended, Volume 11, Issue 25, eff. August 3, 1995; Volume 32, Issue 07, eff. January 1, 2016.

Statutory Authority

§ 28.2-201 of the Code of Virginia.