Virginia Resources
Marine Resources Commission Code
Virginia Coast Reserve Case Study
Ecoregional Assessment for the North Atlantic Coast
The Nature Conservancy's Virginia Chapter
Virginia Summary
The Ocean and Coast
The Commonwealth of Virginia has over 5,242 miles of tidal coastline, which includes southern Chesapeake Bay and many other estuaries. The state owns submerged lands from mean low water to three miles offshore, an area encompassing 1,472,000 acres of submerged lands.
Conservation Leasing and Ownership
While The Nature Conservancy is not aware of formal leasing or ownership assessments related to submerged lands in Virginia, numerous years of organizational experience and existing in-water projects provide important information.
Private ownership of intertidal lands is common in Virginia and the Conservancy has taken advantage of this opportunity for conservation purposes (see case study in the Resources Box). It is unclear what percentage of intertidal lands is privately owned, but the opportunity for conservation acquisition exists and should be comprehensively assessed. The ability to acquire existing, privately-owned subtidal lands in Virginia remains much more uncertain at this time.
It is also not entirely settled whether private organizations can acquire proprietary authorizations (such as a lease) from the state for conservation of publicly-owned submerged lands. One potential option may be to acquire a lease under Virginia Code 28.2. However, leasing for conservation purposes is not defined in the Code of Virginia under 28.2-603, which states that the purpose of a lease is planting or propagating oysters. As such, private organizations can acquire leases from the state under this authority, but only for planting or propagating oysters (and clams and other shellfish) and not explicitly for conservation purposes.
While planting and propagating is not defined in law, the Virginia Marine Resources Committee interprets it to mean planting shells and shellfish and growing shellfish. Planting and propagating shellfish does not necessarily have to include harvesting shellfish, which opens the door for restoration and subsequent protection of shellfish and their habitat. At a minimum, lessees are supposed to show periodic proof that they have planted shells or somehow improved the leased area to continue the lease.
At least 60% of the stock of any entity wishing to acquire a lease in Virginia must be wholly-owned by residents of Virginia. As a result, if a conservation organization is charted as a corporation in another state, territory, or country, it can not purchase or control a lease in Virginia. However, the organization's staff who are residents of Virginia can likely hold a lease with proper legal review and approval.
Organizations wishing to pursue leasing or ownership of lands or resources lying below the high tide line should work with state agency staff to undertake site-specific assessments. Whether organizations pursue leasing or ownership opportunities, several local, state, and federal authorizations may be required to undertake conservation activities on tidal wetlands and submerged lands in Virginia. The information that follows provides context for and information regarding possible authorization needs.
Submerged Lands — Subaqueous Lands and Bottoms
In Virginia, submerged lands or submerged bottoms are those lands lying between the mean low water mark and the seaward extent of the state's jurisdictional limit, three nautical miles offshore. However, the terms subaqueous lands and subaqueous bottoms are used most frequently to describe these areas, while the term bottomlands is rarely used. Some form of all of these terms can be found in Virginia's legal code. Tidal wetlands is the term used to describe lands between the mean high water mark and the mean low water mark.
The Habitat Management Division of the Marine Resources Commission is responsible for managing the state’s subaqueous marine lands, salt wetlands, dunes and beaches. The division administers a permit program for projects on any of these lands in the coastal zone. Applicants file a single, joint state/local/federal permit application, and the division coordinates the review, which “takes into account various local, state and federal statues governing the disturbance or alteration of environmental resources.”1 Within the division, the engineering/surveying department administers leases for private shellfish grounds, totaling over 100,000 acres.
The Chesapeake Bay Local Assistance Program of the Department of Conservation and Recreation seeks to reduce the impacts of shoreline development through planning and improved site design.
Marine Resources Commission
Habitat Management Division
2600 Washington Avenue, 3rd Floor
Newport News, VA 23607
Tel: 757-247-2200
Department of Conservation and Recreation
Chesapeake Bay Local Assistance Programs
101 North 14th Street, 17th Floor
Richmond, VA 23219-3665
Tel: 804-225-3440
Email: teresafoggsteed@dcr.virginia.gov
Coastal Zone
The Department of Environmental Quality houses the Coastal Zone Management (CZM) Program for the Commonwealth of Virginia. The CZM Program is less a separate entity than a coordinating network for the wide variety of coastal programs administered by federal, state, and local governments in Virginia. Different elements of the CZM Program are involved in habitat restoration, land acquisition, coastal planning, water quality, and oyster cultivation. A directory of laws and policies and the specific agencies responsible for them may be viewed at the CZM web site.
Department of Environmental Quality
Coastal Zone Management Program
629 East Main Street
Richmond, Virginia 23219
Tel: 804-698-4323
Fax: 804-698-4319
Fish and Wildlife
The Division of Fisheries Management of the Marine Resources Commission is responsible for managing the sport and commercial fisheries within the state. Any projects that may affect fish or their habitats should contact this division.
Marine Resources Commission
Division of Fisheries Management
2600 Washington Avenue, 3rd Floor
Newport News, VA 23607
Tel: 757-247-2200
Beaches and Shoreline Development
As stated above, the Habitat Management Division of the Marine Resources Commission (MRC) is responsible for managing the state’s subaqueous marine lands, salt wetlands, dunes and beaches. Contact information for the MRC can be found above.
Aquaculture and Shellfish
Virginia has an extensive oyster ground leasing program, which provides at least one option for potential conservation in the state (see above discussion under Conservation Leasing and Ownership). The lead agency for aquaculture within the state of Virginia is the Department of Agriculture and Consumer Services, although the Virginia Marine Resources Commission provides some resources for those entities interested in saltwater aquaculture. Also of interest to those entities seeking conservation and restoration of shellfish grounds in Virginia is the Conservation and Replenishment Department of the Marine Resources Commission, whose mission is to restore and protect the state’s public oyster grounds.
Department of Agriculture and Consumer Services
Aquaculture Information
T. Robins Buck, Secretary
P. O. Box 1163
Richmond, VA 23218-1163
Tel: 804-371-6094
Fax: 804-371-2945
Email: robins.buck@vdacs.virginia.gov
Marine Resources Commission
Conservation and Replenishment Department
Newport News, VA 23607
Tel: 757.247.2243
Email: lgillingha@mrc.state.va.us
Water Quality
The Department of Environmental Quality oversees many water quality programs. It is responsible for regulating point sources and industrial non-point sources of water pollution. A web form, the DEQ Permit Expert, helps determine if your project requires a DEQ permit.
Through its Soil and Water Conservation Programs, the Department of Conservation and Recreation oversees the regulation of municipal separate storm sewer systems (MS4), shoreline erosion, and non-point sources from construction sites and other soil-disturbing activities.
Department of Environmental Quality
Water Qualify Programs
629 East Main Street
P.O. Box 1105
Richmond, VA 23218
Tel: 804-698-4375
Email: egilinsky@deq.virginia.gov
Department of Conservation and Recreation
Soil and Water Conservation Programs
203 Governor Street, Suite 206
Richmond, VA 23219-2094
Tel: 804-786-2064
Email: latia.durant@dcr.virginia.gov