SB 50 — De minimis subaqueous disturbances; no permit required.

SESSION INTRODUCEDSENATE 22100622DSUBSTITUTE I22105200D SENATE BILL NO.

50 OfferedAMENDMENT JanuaryIN 12,THE 2022NATURE NOF PrefiledA DecemberSUBSTITUTE 30,(Proposed 2021by Tthe Senate Committee on Agriculture, Conservation and Natural Resources on January 25, 2022) (Patron Prior to Substitute––Senator Cosgrove) A Bdisturbances;

no permit required.203 of the Code of Virginia, relating to de minimis subaqueRussubaqueous –––––––––– Patron––Cosgrove O –––––––––– D Referred to Committee on Agriculture, Conservation and Natural Resources –––––––––– U Be it enacted by the General Assembly of Virginia:

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§ 28.2-1203.

Unlawful use of subaqueous beds;

penalty.

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 isisrty of necessary for the following:

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Construction and maintenance of congressionally approved navigation and flood-control projectsproNects undertakenfederal byagency theauthorized Unitedby StatesCongress Armyto Corpsregulate ofnavigation, Engineers,navigable thewaters, United States Coast Guard, or otherflood fed4.control;

Construction4. of piers, docks, marine terminals, and port facilities owned or leased by or to the Commonwealth or any of its political subdivisions;

BConstruction 5.of piers, docks, marine terminals, and port facilities owned or leased by orAto the Commonwealth or any of its political subdivisions;

Except5. as provided in subsection D of § 28.2-1205, placement, after submission of an application to the Commission for review and processing, 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 structures shall not be placed on platforms as described in clause (iii), but may be placed on sucho-type platforms if not prohibited by local ordinance, and (v) the piers are determined not to be a navigational hazard by the Commission.

SubjectExcept as provided in subsection D of § 28.2-1205, placement, after submission of an applTcation to anythe applicableCommission localfor ordinances,review suchand processing, of private piers mayfor includenoncommercial anpurposes attachedby boatowners liftof 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 anfinger open-sidedpiers roofdo designednot toexceed shelterfive afeet singlein boatwidth, slip(iii) any L or boatT lift.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 gSzebo-type structures shall not be placed on platforms as described in clause (iii), but may be placed on such hazard by the Commission.

InSubject casesto inany 35applicable whichlocal open-sidedordinances, roofssuch designedpiers tomay shelterinclude aanUigational singleattached boat, boat slip or boat lift willand; exceed 700 square 36 feet in coverage or the open-sided shelter roofs or gazebo structures exceed 400 square feet, and in cases 37 in which an adjoining property owner objects to a proposed roof structure, permits shall be required as 38 provided in § 28.2-1204;

riparianan lands,open-sided providedroof thatdesigned (i)to noshelter permanenta structuresingle isboat placedslip on or overboat thelift; subaqueous bed, (ii) the on 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;

and the placement of new or 7.additional piles to replace damaged piles for existing private piers or estSblishing a boat slip or mooring within the owner's riparian area.

RecreationalIn goldcases mining, provided that (i) a man-portable suction dredge no larger than four inches in diameterwhich isopen-sided used,roofs (ii)designed rightsto of35 riparianshelter propertya ownerssingle areboat, notboat affected,slip (iii)or theboat activitylift iswill conductedexceed without700 adversesquare impactsfeet to instream beneficial uses as defined in §coverage 62.1-10,or (iv) the activityopen-sided is37 conductedowner withoutobjects adverseto impactsa toproposed underwaterroof historicstructure, propertiespermits andshall relatedbe objectsrequired as definedprovided in § 18.28.2-1204;perty / 38 6.

PlacementAgricultural, ofhorticultural aor pilesilvicultural irrigation on riparian lands or the wateringTof animals on / 39 riparian lands, provided that requires(i) ano depermanent minimisstructure is placed on or over the subaqueous disturbancebed, (ii) the 40 person withdrawing water complies with requirements administered by the Department of 10Environmental squareQuality feetunder orTitle less.62.1, and (iii) the activity is conducted without adverse impacts to instreTm ben7.

Recreational gold mining, provided that (i) a man-portable suction dredge no larger than Eour 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 § 45.2-1200;

or Such piles shall be more than 50 feet from a marked navigation channel.ce of 10 square feet or less.

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