28.2-556 - Erosion control devices within the Baylor survey. - Virginia Statutes

§ 28.2-556. Erosion control devices within the Baylor survey.

The public oyster beds, rocks, and shoals shall not include any area neededfor an erosion control structure if the Commission, after considering thecomments of the Virginia Institute of Marine Science and the Department ofConservation and Recreation, and any other relevant evidence, finds that: (i)shoreline erosion has occurred at the site and is expected to continue; (ii)such erosion is increasing the sediment load to public waters, causingdegradation of water quality; (iii) the proposed project is a technically andenvironmentally acceptable way to control erosion at the site unless suchBaylor ground is productive under § 28.2-630 of the Code of Virginia in whichcase the environmentally preferable erosion control shall be utilized; and(iv) the Commonwealth's interest in protecting water quality by controllingerosion at the site outweighs the value of the portion of the natural oysterbeds, rocks, and shoals affected by the erosion control structure. Wheneverthe area of the natural oyster beds, rocks, and shoals is so changed, theCommission shall make the changes on its Baylor survey charts.

(1988, c. 308, § 28.1-101.4; 1989, c. 656; 1992, c. 836; 2001, c. 46.)