1. A. Fast-track permitting shall not apply under the following conditions:

   1. 1. Placement of dredged material on SAV beds or where the dredged material will flow onto SAV beds.
   2. 2. Placement of dredged material on any oyster planting ground lease without written consent by the lessee.
   3. 3. Placement of dredged material, excluding sand, within 1,500 feet of an oyster planting ground lease without written consent by the lessee.
   4. 4. Placement of dredged material on sanctuary oyster reefs; natural oyster beds, rocks, or shoals; or where the dredged material will flow onto sanctuary oyster reefs or natural oyster beds, rocks, or shoals.
2. B. When dredged material is to be placed on shorelines not owned by the local government or political subdivision conducting the dredging, the local government or political subdivision must have a suitable property interest or written permission from the landowner to place dredging material on that property for any single dredging event and subsequent maintenance dredging.

Statutory Authority

§ 28.2-103 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 35, Issue 21, eff. June 1, 2019.