Current through Register Vol.. 38, No. 17, April 11, 2022
All proposals by VDOT to encroach in, on or over state-owned
subaqueous land which qualify under
4VAC20-333-20 A, B, C and E are
permitted subject to the following standard conditions:
1. Any proposed deviation from the
preapproved plan must be formally recoordinated and approved prior to
undertaking the work.
2. VDOT shall
report annually to the commission on the projects which have been completed.
The report shall include a record of the total subaqueous bed
3. This permit grants no
authority to VDOT to encroach upon the property rights, including riparian
rights, of others.
4. The duly
authorized agents to the commission shall have the right to enter upon the
premises at reasonable times for the purpose of inspecting the work being done
pursuant to this permit.
shall comply with the water quality standards as established by the Virginia
Department of Environmental Quality and all other applicable laws, ordinances,
rules and regulations affecting the conduct of the project. The granting of
this permit shall not relieve VDOT of the responsibility of obtaining any and
all other permits or required authorizations for the project.
6. This permit shall not affect or interfere
with the right vouchsafed to the people of Virginia concerning fishing, fowling
and the catching of and taking of oysters and other shellfish in and from the
bottom of areas and waters not included within the terms of this
7. VDOT shall, to the
greatest extent practicable, minimize the adverse effects of the project upon
adjacent properties, tidal wetlands and upon the natural resources of the
8. This permit may be
revoked at any time by the commission upon the failure of VDOT to comply with
any of the terms and conditions of this chapter or at the will of the General
Assembly of Virginia.
permit is subject to any lease of oyster planting ground in effect on the date
of this permit. Nothing in this permit shall be construed as allowing VDOT to
encroach on any lease without the consent of the leaseholder. VDOT shall be
liable for any damages to such lease.
10. The issuance of this permit does not
confer upon VDOT any interest or title to beds of the waters.
11. Specifically prohibited is the sale by
subcontractors, without commission approval, of material removed from
structures authorized by this permit which are not maintained in good repair
shall be completely removed from state-owned bottom within three months after
notification by the commission.
This permit authorizes no claim to archaeological artifacts from state-owned
bottoms, which may be encountered during the course of construction. If
archaeological remains are encountered, VDOT agrees to notify the commission,
who will in turn notify the Virginia Department of Historic Resources. VDOT
shall cooperate with the commission and the Department of Historic Resources in
the recovery of archaeological remains, if deemed necessary.
14. Projects authorized under this general
permit shall be completed within three years from the date of issuance. Upon
proper request by VDOT, the permit may be extended to allow completion of the