28.2-106.2 - Establishment, patrol, and enforcement of state water safety zones and restricted areas; penalty. - Virginia Statutes

§ 28.2-106.2. Establishment, patrol, and enforcement of state water safetyzones and restricted areas; penalty.

A. The Commission is authorized, following consultation with the U.S. CoastGuard and the U.S. Army Corps of Engineers, to establish, by regulation,state water safety zones and restricted areas within the tidal waters of theCommonwealth wherein public access shall be restricted or prohibited in theinterest of public safety. Such zones or areas shall be consistent withfederal law and made effective immediately upon establishment by theCommission. When, in the judgment of the Commissioner, time is of the essenceand circumstances require action before a meeting of the Commission may beconvened, the Commissioner is authorized, following consultation with theU.S. Coast Guard and the U.S. Army Corps of Engineers, to establish statewater safety zones or restricted areas, subject to ratification by theCommission at its next regularly scheduled meeting. The provisions of theAdministrative Process Act (§ 2.2-4000 et seq.) and §§ 28.2-209 through28.2-215 shall not apply to regulations promulgated under this section. TheCommission shall publicize the establishment and location of state watersafety zones and restricted areas.

B. The Virginia Marine Police shall patrol and enforce all state water safetyzones and restricted areas.

C. In times of officially declared national or state emergency, the Governormay adjust the boundaries of state water safety zones or restricted areas byexecutive order. Upon termination of emergency status, the boundaries shallreturn to those set forth in regulations.

D. A violation of any regulation promulgated under this section is a Class 1misdemeanor.

(2003, c. 389.)