28.2-1207 - Authority to approve permits for encroachment on subaqueous beds; notice. - Virginia Statutes

§ 28.2-1207. Authority to approve permits for encroachment on subaqueousbeds; notice.

A. Any application for a permit to trespass upon or over or encroach uponsubaqueous beds which are the Commonwealth's property may be approved by theCommissioner or his authorized representative if the application meets therequirements of §§ 28.2-1205 and 28.2-1206 and the following criteria aresatisfied:

1. The total value of the project does not exceed $50,000;

2. The application is not protested by any citizen or objected to by anystate agency; and

3. The project for which the permit is sought will not require any otherpermit from the Commission.

B. If the permit application is for a shore erosion control projectrecommended by the soil and water conservation district in which the projectis to be located and the criteria listed in subsection A of this section aresatisfied, the Commission may, after giving notice of the application to theVirginia Institute of Marine Science, approve the application without givingnotice to or awaiting the approval of any other state agency.

C. The Commission shall, in conjunction with affected state and federalagencies, develop an expedited process for issuing general permits foractivities that are intended to improve water quality such as bioengineeredstreambank projects and livestock stream crossings, and for activitiesrequired during emergencies in which a determination has been made that thereis a threat to public or private property, or to the health and safety of thepublic. The development of the general permit shall be exempt from Article 2(§ 2.2-4007 et seq.) of the Administrative Process Act.

(1972, c. 398, § 62.1-3.01; 1973, c. 350, § 62.1-3.02; 1980, c. 312; 1984, c.246; 1992, c. 836; 1997, c. 845.)