virgina prospecting thanx to darth placer and rich cooley

code of virginia

definations. (§ 62.1-10)

As used in this chapter, the following terms shall have the meanings
respectively ascribed to them:

(a) “Water” includes all waters, on the surface and under the
ground, wholly or partially within or bordering the Commonwealth or within its
jurisdiction and which affect the public welfare.

(b) “Beneficial use” means both instream and offstream uses.
Instream beneficial uses include, but are not limited to, the protection of fish
and wildlife habitat, maintenance of waste assimilation, recreation, navigation,
and cultural and aesthetic values. Offstream beneficial uses include, but are
not limited to, domestic (including public water supply), agricultural, electric
power generation, commercial and industrial uses. Public water supply uses for
human consumption shall be considered the highest priority.

HISTORY: Code 1950, § 62-9.1; 1954, c. 330; 1958, c. 413; 1968, c. 659; 1989,
c. 410.

code of virginia

rights of owners to extend to mean low water-mark. (§ 28.2-1202)

A. Subject to the provisions of § 28.2-1200, the limits or bounds of the tracts
of land lying on the bays, rivers, creeks and shores within the jurisdiction of
the Commonwealth, and the rights and privileges of the owners of such lands,
shall extend to the mean low-water mark but no farther, except where a creek or
river, or some part thereof, is comprised within the limits of a lawful survey.

B. For purposes of this section, “lawful survey” means the
boundaries of any land, including submerged lands, held under a special grant or
compact as required by § 28.2-1200, such boundaries having been determined by
generally accepted surveying methods and evidenced by a plat or map thereof
recorded in the circuit court clerk’s office of the county or city in
which the land lies.

HISTORY: Code 1950, § 62-2; 1968, c. 659, § 62.1-2; 1972, c. 865; 1992, c.
836.

code of virginia

definitions. (§ 45.1-180)

The following words and phrases when used in this chapter shall have the
meanings respectively ascribed to them in this section except where the context
clearly requires a different meaning:

(a) Mining. – Means the breaking or disturbing of the surface soil or rock
in order to facilitate or accomplish the extraction or removal of minerals; any
activity constituting all or part of a process for the extraction or removal of
minerals so as to make them suitable for commercial, industrial, or construction
use; but shall not include those aspects of deep mining not having significant
effect on the surface, and shall not include excavation or grading when
conducted solely in aid of on-site farming or construction. Nothing herein shall
apply to mining of coal. This definition shall not include, nor shall this
title, chapter, or section be construed to apply to the process of searching,
prospecting, exploring or investigating for minerals by drilling.

(b) Disturbed land. – The areas from which overburden has been removed in
any mining operation, plus the area covered by the spoil and refuse, plus any
areas used in such mining operation including land used for processing,
stockpiling, and settling ponds.

(c) Overburden. – All of the earth and other material which lie above a
natural deposit of minerals, ores, rock or other solid matter and also other
materials after removal from their natural deposit in the process of mining.

(d) Spoil. – Any overburden or other material removed from its natural
state in the process of mining.

(e) Operator. – Any individual, corporation or corporation officer, firm,
joint venture, partnership, business trust, association, or any other group or
combination acting as a unit, or any legal entity which is engaged in mining.

(f) through (i) [Repealed.]

(j) Mining operation. – Any area included in an approved plan of
operation.

(k) Reclamation. – The restoration or conversion of disturbed land to a
stable condition which minimizes or prevents adverse disruption and the
injurious effects thereof and presents an opportunity for further productive use
if such use is reasonable.

(l) Mineral. – Ore, rock, and any other solid homogeneous crystalline
chemical element or compound that results from the inorganic processes of nature
other than coal.

(m) Division. – The Division of Mined Land Reclamation.

(n) Refuse. – All waste soil, rock, mineral tailings, slimes and other
material directly connected with the mine, cleaning and preparation of
substances mined including all waste material deposited in the permit area from
other sources.

HISTORY: 1968, c. 734; 1972, c. 206; 1974, c. 312; 1977, c. 312; 1984, c. 590.

code of virginia

definitions. (§ 45.1-180)

The following words and phrases when used in this chapter shall have the
meanings respectively ascribed to them in this section except where the context
clearly requires a different meaning:

(d) Spoil. – Any overburden or other material removed from its natural
state in the process of mining.

(f) through (i) [Repealed.]

(j) Mining operation. – Any area included in an approved plan of
operation.

(l) Mineral. – Ore, rock, and any other solid homogeneous crystalline
chemical element or compound that results from the inorganic processes of nature
other than coal.

(m) Division. – The Division of Mined Land Reclamation.

HISTORY: 1968, c. 734; 1972, c. 206; 1974, c. 312; 1977, c. 312; 1984, c. 590.

code of viriginia

ungranted beds,streams, RIVERS, CREEKS AND SHORES OF THE SEA TO REMAIN IN
COMMON. (§ 28.2-1200)

All the beds of the bays, rivers, creeks and the shores of the sea within the
jurisdiction of the Commonwealth, not conveyed by special grant or compact
according to law, shall remain the property of the Commonwealth and may be used
as a common by all the people of the Commonwealth for the purpose of fishing,
fowling, hunting, and taking and catching oysters and other shellfish. No grant
shall be issued by the Librarian of Virginia to pass any estate or interest of
the Commonwealth in any natural oyster bed, rock, or shoal, whether or not it
ebbs bare.

HISTORY: Code 1950, § 62-1; 1960, c. 533; 1968, c. 659, § 62.1-1; 1992, c.
836; 1995, c. 850; 1998, c. 427.

code of virginia

unlawful use of sunaques beds; penatilies. (§ 28.2-1203)

A. It shall be unlawful for any person to build, dump, trespass or encroach upon
or over, or take or use any materials from the beds of the bays, ocean, rivers,
streams, or creeks which are the property of the Commonwealth, unless such act
is performed pursuant to a permit issued by the Commission or is necessary for
the following:

1. Erection of dams, the construction of which has been authorized by proper
authority;

2. Uses of subaqueous beds authorized elsewhere in this title;

   3. Construction and maintenance of congressionally approved navigation and
   flood-control projects undertaken by the United States Army Corps of
   Engineers, the United States Coast Guard, or other federal agency authorized
   by Congress to regulate navigation, navigable waters, or flood control;

4. Construction of piers, docks, marine terminals, and port facilities owned
or leased by or to the Commonwealth or any of its political subdivisions;

   5. Except as provided in subsection D of § 28.2-1205, placement of private
   piers for noncommercial purposes by owners of the riparian lands in the waters
   opposite those lands, provided that (i) the piers do not extend beyond the
   navigation line or private pier lines established by the Commission or the
   United States Army Corps of Engineers, (ii) the piers do not exceed six feet
   in width and finger piers do not exceed five feet in width, (iii) any L or T
   head platforms and appurtenant floating docking platforms do not exceed, in
   the aggregate, 400 square feet, (iv) if prohibited by local ordinance
   open-sided shelter roofs or gazebo-type structures shall not be placed on
   platforms as described in clause (iii), but may be placed on such platforms if
   not prohibited by local ordinance, and (v) the piers are determined not to be
   a navigational hazard by the Commission. Subject to any applicable local
   ordinances, such piers may include an attached boat lift and an open-sided
   roof designed to shelter a single boat slip or boat lift. In cases in which
   open-sided roofs designed to shelter a single boat, boat slip or boat lift
   will exceed 700 square feet in coverage or the open-sided shelter roofs or
   gazebo structures exceed 400 square feet, and in cases in which an adjoining
   property owner objects to a proposed roof structure, permits shall be required
   as provided in § 28.2-1204;

   6. Agricultural, horticultural or silvicultural irrigation on riparian lands
   or the watering of animals on riparian lands, provided that (i) no permanent
   structure is placed on or over the subaqueous bed, (ii) the person withdrawing
   water complies with requirements administered by the Department of
   Environmental Quality under Title 62.1, and (iii) the activity is conducted
   without adverse impacts to instream beneficial uses as defined in § 62.1-10;
   or

   7. Recreational gold mining, provided that (i) a man-portable suction dredge
   no larger than four inches in diameter is used, (ii) rights of riparian
   property owners are not affected, (iii) the activity is conducted without
   adverse impacts to instream beneficial uses as defined in § 62.1-10, (iv) the
   activity is conducted without adverse impacts to underwater historic
   properties and related objects as defined in § 10.1-2214, and (v) the
   activity is not defined as mining in § 45.1-180.

B. A violation of this section is a Class 1 misdemeanor.

HISTORY: Code 1950, § 62-2.1; 1960, c. 600; 1962, c. 637; 1966, c. 641; 1968,
c. 659, § 62.1-3; 1970, c. 621; 1972, c. 866; 1973, cc. 23, 361; 1974, cc. 92,
385; 1975, c. 431; 1976, c. 579; 1980, c. 253; 1982, c. 102; 1988, c. 868; 1992,
c. 836; 1998, c. 605; 2000, c. 167; 2001, c. 234; 2003, c. 973; 2006, c. 507;
2007, c. 25.

Richmond Sunlight » HB735: Bottomlands, submerged; posting of claim.
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Richmond Sunlight

HB735: Bottomlands, submerged; posting of claim.

HB735

HOUSE BILL NO. 735

Offered January 8, 2014

Prefiled January 7, 2014
A BILL to amend and reenact § 28.2-1200 of the Code of Virginia, relating to
bottomlands conveyed by special grant; trespass; posting.
----------

Patron-- Lingamfelter

----------

Committee Referral Pending

----------

Be it enacted by the General Assembly of Virginia:

1. That § 28.2-1200 of the Code of Virginia is amended and reenacted as follows:

§ 28.2-1200. Ungranted beds of bays, rivers, creeks and shores of the sea to
remain in common; grant claims to be posted.

A. All the beds of the bays, rivers, creeks and the shores of the sea within the
jurisdiction of the Commonwealth, not conveyed by special grant or compact
according to law, shall remain the property of the Commonwealth and may be used
as a common by all the people of the Commonwealth for the purpose of fishing,
fowling, hunting, and taking and catching oysters and other shellfish. No grant
shall be issued by the Librarian of Virginia to pass any estate or interest of
the Commonwealth in any natural oyster bed, rock, or shoal, whether or not it
ebbs bare.

B. Any property owner who claims a right in a bed of a river or creek within the
jurisdiction of the Commonwealth and posts that property against trespass shall
also indicate on that post the page citation and the courthouse, government
agency, or other public repository where the special grant for that specific
property claim is of record.

Explanation

For a plain English description of this bill, comments, voting, tagging, etc.,
return to the main page for HB735.

This is the actual text of the bill—the legislation itself. Generally this is
amending existing law, proposing the addition or removal of words from laws
that are already on the books, but sometimes it’s proposing an entirely new law.

Words that are highlighted in yellow are proposed additions to the existing law,
and words that are crossed out in red are proposed to be removed from the
existing law.

The numbers with the § symbol before them are references to existing laws, and
if you click on them they’ll take you to that section of the Code of Virginia.

A program of Open Virginia. Created by Waldo Jaquith. Design by Meticulous
Design Group.

“Sunlight is said to be the best of disinfectants.” —Justice Louis Brandeis,
1914

Fisheries and Habitat of the Tidal Waters ? Submerged Lands ? Ungranted beds of
bays, rivers, creeks and shores of the sea to remain in common.

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virgina prospecting thanx to darth placer and rich cooley

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