Section 30. Requirements and conditions

A. The activity must be conducted on planting ground leased in accordance with Chapter 6 (§ 28.2-600 et seq.) of Title 28.2 of the Code of Virginia.

B. Leased planting ground must be properly marked in accordance with § 28.2-607 of the Code of Virginia and 4VAC20-290.

C. Aquaculture structures shall be delineated with markers meeting the description for markers identified in 4VAC20-290-30. The leaseholder shall also place a minimum of two placards, attached to boundary or corner markers, stating "aquaculture structures." Such placards shall be a minimum of 12 inches by 12 inches, constructed of a durable material, facing outward from the aquaculture structures, and shall be at least four feet above the mean high water line. The chief engineer may approve an alternate plan for marking aquaculture structures. In such a case the chief engineer shall direct or approve the appropriate markers.

D. Any structures placed on the bottom must be nontoxic and shall not be known to leach any materials that would violate any water quality standards set by the Department of Environmental Quality.

E. Structures shall not extend higher than 12 inches above the bottom substrate.

F. No new structures shall be placed on existing stands of submerged aquatic vegetation.

G. No structures may cause more than a minimal adverse effect on navigation.

H. Shellfish must be harvested in accordance with all applicable laws and regulations.

I. The commission may direct removal of any structures that fail to meet the requirements and conditions of this chapter.

Historical Notes

Derived from Volume 14, Issue 09, eff. January 1, 1998; amended, Virginia Register Volume 32, Issue 07, eff. January 1, 2016.

Statutory Authority

§ 28.2-201 of the Code of Virginia.