15101548D
HOUSE BILL NO. 2032
Offered January 14, 2015
Prefiled January 14, 2015
A BILL to amend and reenact §§28.2-603, 28.2-603.2, and
28.2-606 of the Code of Virginia, relating to notice to localities and property
owners of oyster ground leases and temporary protective enclosures.
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Patron-- Helsel
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:
1. That §§28.2-603, 28.2-603.2, and 28.2-606 of the Code of
Virginia are amended and reenacted as follows:
§28.2-603. General oyster planting grounds.
A. Waterfront
that is not already assigned or reserved for the riparian owners, and the beds
of the bays, rivers, and creeks and shores of the sea lying outside the limits
of navigation projects adopted and authorized by the Congress and not required
for the disposal of materials dredged incident to the maintenance of such
projects, and grounds other than public oyster beds, rocks, or shoals, as
defined by law and included in the Baylor survey, may be occupied for the
purpose of planting or propagating oysters, including the use of temporary
protective enclosures in compliance with this chapter and Commission
regulations, and may be leased by the Commissioner upon the receipt of a proper
application.
B. Prior to execution of a
lease as described in subsection A, the
Commissioner shall comply with all notice requirements as set forth
in §28.2-606.
§28.2-603.2. Commissioner to provide notice.
A. At least 30 days before placing temporary protective
enclosures on a leasehold pursuant to §28.2-603.1, the leaseholder shall
provide written notification to the Commissioner that identifies the leasehold,
the approximate maximum number of enclosures to be placed on the leasehold at
any given time, and the estimated date such placement will begin. No later than
30 days after receiving such notification, the Commissioner may shall
provide written notification of receipt of the application to the city
manager or county administrator of the city or
county where the temporary protective enclosures are proposed
to be located and to all riparian property owners whose
property is within 500 feet of the area where
the temporary protective enclosures are proposed to be located. Notices sent by
registered or certified mail to the last
known address of such owners as shown
on the current real
estate tax assessment books or current real estate
tax assessment records shall be deemed adequate
compliance with this requirement. The Commissioner shall also publish
notice of the proposed placement in a newspaper of general circulation serving
the area in which the leasehold is located at least
once a week for four consecutive weeks. In
determining whether to publish such notice, the Commissioner shall consider the
potential effect on existing uses of waters proximate to the leasehold and the
potential for conflict between the proposed placement and such uses.
The written notifications and public
notice shall invite written comment on the proposed placement and include
information concerning the submission of written comments. The Commission may
receive written comments for no more than 30 days following publication of
notice.
B. If, on the
basis of written comments, the Commissioner finds significant and substantive opposition
from persons residing on or using the waters proximate to the leasehold, the The Commissioner shall convene
a public meeting on the proposal no more than 30 days after the close of the
comment period. No later than 15 days after the public meeting, the
Commissioner shall (i) approve the proposal, (ii) approve the proposal with
conditions, or (iii) deny the proposal. If the Commissioner denies the
proposal, the leaseholder may request approval of the proposal before a hearing
of the Commission.
C. If the
Commissioner determines not to publish public notice, the Commissioner shall,
no later than 30 days after receiving written notification of the proposal,
advise the leaseholder to proceed in accordance with the requirements of the
general permit. If the Commissioner publishes public notice but does not find
significant and substantive opposition by persons residing on or using the
waters to the leasehold, the Commissioner shall, no later than 15 days after
the close of the comment period, advise the leaseholder to proceed in
accordance with the requirements of the general permit The cost of the notice required by
this section shall be borne by the applicant.
§28.2-606. Posting of notice of applications.
Notice of the application
shall be A. Upon receipt
of an application, the Commissioner shall direct that the notice be (i)
posted by the Commission for not less
than sixty 60 days
at the courthouse of the county or city in which the ground applied for lies, and
in at least two or more prominent places in the vicinity of the ground and; (ii)
published at least once a week for four consecutive weeks in a newspaper of
general circulation in that county or city; (iii)
provided in writing to all riparian property owners
whose property is within 500 feet of the proposed area to be
leased at least 60 days prior to execution of a lease; and (iv) provided in
writing to the city manager or county administrator of the city or
county where the proposed lease will be located at least
60 days prior to execution of a lease. Notices, pursuant
to clause (iii), sent by registered or certified mail to the last
known address of such owners as shown on the current real estate tax assessment
books or current real estate tax assessment records shall be deemed adequate
compliance with this requirement.
B. The cost of the notice
required by this section shall be borne by the
applicant.
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