28.2-515 - Dredging or scraping on private ground; permit required. - Virginia Statutes

§ 28.2-515. Dredging or scraping on private ground; permit required.

Any resident of the Commonwealth holding under legal assignment anoyster-planting ground of at least three acres in one tract or adjoiningtracts and having paid the rent may dredge or scrape his tracts at any timefrom sunrise until sunset, except on Sunday if the resident has obtained fromthe Commission a permit for each boat so used. The permit shall show the nameof the lessee and the name or number of the boat, date of issue, and date ofexpiration. The expiration date shall not be more than 12 months from thedate of issue and may be renewed for like periods. A special exemption may begranted on such a permit to allow dredging or scraping one hour prior tosunrise from June 15 to September 1, provided that the resident notify theCommission at least 24 hours prior to such activity. The Commission may,after a hearing, refuse to grant or renew a permit to dredge or scrape anyoyster-planting ground unless it is proved that the holder has planted seedoysters or shells and is using the planting ground for the cultivation ofoysters. The Commission may refuse to grant the permit if it appears at thehearing that the holder of the ground is a habitual violator of the seafoodlaws. An applicant for the permit shall have the right of appeal from anydecision of the Commission refusing to grant the permit as provided inArticle 3 (§ 28.2-216 et seq.) of Chapter 2 of this subtitle.

(Code 1950, § 28-158; 1950, p. 988; 1952, c. 643; 1954, c. 43; 1958, c. 477;1962, c. 406, § 28.1-134; 1964, c. 393; 1968, c. 747; 1972, c. 644; 1979, c.274; 1986, cc. 171, 184; 1992, c. 836; 2003, c. 778.)