SB 192 — State-owned bottomlands; localities, property interest.

+OFFERED 2027FOR SESSIONCONSIDERATION 2/10/2026 + INTRODUCED+ + + + 26102448D+ I+ + SENATE BILL NO.

192 Offered+ January+ 14,AMENDMENT 2026IN NTHE NATURE OF A SUBSTITUTE + (Proposed by the Senate Committee on Agriculture, Conservation and Natural Resources + + + on February 10, 2026) + + (Patron Prior to Substitute—Senator Williams Graves) + A BILL to amendauthorize the Marine Resources Commission to convey certain easements and reenactother §legal 28.2-1200.1interest ofto the CodeCity of Virginia,Norfolk for certain property relating to state-ownedthe bottomlands;City of Norfolk's Coastal Storm Risk Management Project.

localities;Be it enacted by the General Assembly of Virginia:

property interest.

T R ————— Patron—Williams Graves O ————— Referred to Committee on Agriculture, Conservation and Natural Resources D ————— U Be it enacted by the General Assembly of Virginia:

That § 28.2-1200.11. of the Code of Virginia is amended and reenacted as follows:

CFor §purposes 28.2-1200.1.of this act "Phase I" means the following drawings:

Conveyance(i) of"Norfolk state-ownedCSRM bottomlands.State-Owned Bottom and Right-of-Way Map," Map Number – 68 Phase IA, dated October 8, 2025, prepared by TKY;

E(ii) A.Drawing entitled "Grandy Village Living Shoreline Preliminary Bottom Impacts WSSI #36556.01," Exhibit 1, prepared by Wetland Studies and Solutions, Inc., a Davey Company;

In(iii) orderDrawing toentitled fulfill"Richmond the Commonwealth's responsibility under Article XI of the Constitution of VirginiaDto conserve and protectSurrey publicCrescent landsShoreline forState theBottom benefitImpacts"; of the people, the Commonwealth shall not convey fee simple title to state-owned bottomlands covered by waters.

However,(iv) the"Wetlands CommonwealthImpact mayAnalysis grantPhase a1A-WS-1," lease,Map: easement, or other limited interest in state-owned bottomlands covered by waters pursuant to § 28.2-1208 or as long as the property is used by a governmental entity for the performance of a governmental activity, as defined in §§ 28.2-1300 and 28.2-1400.

B.Wetlands Impact Analysis (JPA), dated August 28, 2025, revised January 15, 2026, developed by JAO;

1.(v) "Wetlands Impact Analysis Phase 1A-WS-2," Map:

TheWetlands CommonwealthImpact mayAnalysis convey(JPA), feedated simpleAugust title28, to2025, specifiedrevised parcelsJanuary of15, state-owned2026, bottomlandsdeveloped thatby haveJAO; been lawfully filled.

For(vi) the"Wetlands purposeImpact ofAnalysis thisPhase section,1A-PS-HP- "lawfully1," filled"Map: means the deposit of fill was (i) authorized by statute, (ii) pursuant to valid court order, (iii) authorized or permitted by state officials pursuant to statutory authority subsequent to July 1, 1960, or (iv) under apparent color of authority prior to July 1, 1960.

InWetlands theImpact absenceAnalysis of(JPA), informationdated toAugust the28, contrary,2025, itrevised mayJanuary be15, presumed2026, thatdeveloped state-ownedby bottomlandsJAO; S filled prior to July 1, 1960, were filled under apparent color of authority and, it may also be presumed, that all of the fill on the specified parcel was lawfully authorized if a substantial portion of the fill on such parc9l was authorized.

Properties(vii) not"Wetlands qualifiedImpact underAnalysis clausesPhase (i)1A-FD-1," throughMap: (iv) of this subdivision shall not be eligible for conveyance under this section.

2.Wetlands Impact Analysis (JPA)DDwithExcludedPermitAreaTable, dated August 28, 2025, revised January 22, 2026, developed by JAO;

Titles(viii) to"Wetlands landsImpact thatAnalysis (i)Phase were1A-HP," onceMap: or may have been state-owned bottomlands covered by waters, (ii) were filled prior to July 1, 1960, and (iii) were acquired by private persons in good faith for value after such lands were filled, are hereby declared to be free and clear of any claimed ownership or interest by the Commonwealth and are released to such private persons and their successors and assigns by the Commonwealth to the extent that the areas of these lands were not state-owned bottomlands covered by waters on July 1, 1960.

3.Wetlands Impact Analysis (JPA)DDwithExcludedPermitAreaTable, dated August 28, 2025, revised January 27, 2026, developed by JAO;

This(ix) subsection"Wetlands shallImpact notAnalysis applyPhase to1A-RR-1," anyMap: state-owned bottomlands filled by a publicly funded initiative and put to a continuing public use, which includes beach nourishment projects and public landings.

35Wetlands C.Impact Analysis (JPA), dated August 28, 2025, revised January 15, 2026, developed by JAO;

Except(x) as"Wetlands providedImpact inAnalysis subsectionPhase D,1A-PS-NC-1," theMap: grantee in a conveyance under subdivision B 1 shall 36 compensate the Commonwealth in an amount commensurate with the property interest being conveyed, / 37 which shall be considered equivalent to 25 percent of the assessed value of the specified parcel, exclusive of 38 any buildings or other improvements.

TheWetlands assessedImpact valueAnalysis shall(JPA), bedated establishedAugust as28, the2025, averagerevised ofJanuary the15, local2026, realdeveloped 39by estateJAO; tax assessments for the most recent 10 years available for the specified parcel.

If(xi) no"Wetlands suchImpact assessmentsAnalysis arePhase available1A-Sub-1," forMap: the specified parcel, then the assessed value shall be calculated as the percentage, by square footage or acreage, that the specified parcel represents of the larger parcel for which such assessments are available.

D.Wetlands Impact Analysis (JPA), dated August 28, 2025, revised January 15, 2026, developed by JAO;

If(xii) the"Wetlands CommissionImpact determinesAnalysis thatPhase unique1A-Sub-2," circumstancesMap: exist, the Commission may allow the grantee in a conveyance under subdivision B 1 to compensate the Commonwealth in an amount less than 25 percent of the assessed value of the specified parcel.

AnyWetlands suchImpact determinationAnalysis by(JPA), thedated CommissionAugust shall28, be2025, justifiedrevised inJanuary writing15, and2026, shalldeveloped notby beJAO; subject to judicial review.

E.and (xiii) "Wetlands Impact Analysis Phase No Impact," Map:

AnyWetlands cityImpact orAnalysis county(JPA), thatdated isAugust party28, to2025, anrevised executedJanuary project15, partnership2026, agreementdeveloped with the Department of the Army for a flood or storm risk management program, damage reduction project, or similar program specifically authorized by theJAO. United States Congress shall be deemed to hold a legal property interest in the use of state-owned waters, bottoms, or subsurface soils sufficient to qualify for any easements necessary for the construction or completion of the project or program.

§ 2.

That, in consideration of the mutual promises of the parties and the payment of $1, and on terms otherwise acceptable to the Marine Resources Commission (the Commission), the Commission is hereby DRAFT OFFERED FOR CONSIDERATION 2/10/2026 authorized to convey to the City of Norfolk, in locations acceptable to the Commission, the following real property interests in subaqueous land that are necessary for Phase I, as generally shown on the Phase I drawings:

permanent easement interests;

temporary construction easements;

and fee simple interests, pursuant to quitclaims.

§ 3.

That, in consideration of the mutual promises of the parties and the payment of $1, and on terms otherwise acceptable to the Commission, the Commission is hereby authorized to quitclaim to the City any interest that the Commonwealth may have in and to the property known as Newton Canal, a/k/a Mahone's Canal, a/k/a Brambleton Canal, which property is located within the boundaries of City of Norfolk GPIN 1437339770.

§ 4.

That the conveyances authorized herein shall be made in consultation with the Chief Resilience Officer of the Commonwealth and the Office of the Attorney General.

The conveyances authorized herein shall be approved by the Governor and made in a form approved by the Office of the Attorney General.