Vol. 40 Iss. 18 - April 22, 2024

Chapter 1350



Final Regulation

REGISTRAR'S NOTICE: The Marine Resources Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.

Title of Regulation: 4VAC20-1350. Pertaining to General Oyster Planting Ground Lease Renewal Fee (amending 4VAC20-1350-30, 4VAC20-1350-9998).

Statutory Authority: § 28.2-201 of the Code of Virginia.

Effective Date: March 28, 2024.

Agency Contact: Jennifer Farmer, Regulatory Coordinator, Marine Resources Commission, 380 Fenwick Road, Building 96, Fort Monroe, VA 23651, telephone (757) 247-2248, FAX (757) 247-2002, or email


The amendments allow for online submission of (i) an application for renewal of a general oyster planting grounds lease and (ii) the associated fee.

4VAC20-1350-30. General oyster planting ground review form, fee, and denial.

A. Each leaseholder shall complete the an application form for renewal of general oyster planting ground prior to the expiration of each 10-year lease term. The form shall be sent to the leaseholder by regular postal mail and certified postal mail approximately two months prior to the 10-year lease renewal date.

B. A nonrefundable fee for review of the renewal application, as authorized by § 28.2-613 of the Code of Virginia, shall be $150 per lease. This fee shall be submitted with the completed form, application and the completed form and fee both must be received or postmarked on or before the current 10-year lease expiration date.

C. The review for reassignment of a general oyster planting ground lease shall be conducted by the commissioner considering the requirements of § 28.2-613 of the Code of Virginia and all lease use or production requirements contained within either regulation or guidance as approved by the commission. Failure to meet use or production requirements or failure to return the completed form application and fee by the expiration date of the current 10-year term shall result in denial of the lease renewal.

D. Any The commissioner's decision to deny a lease renewal application shall be mailed by certified mail to the last known address for the applicant.

NOTICE: The following forms used in administering the regulation have been filed by the agency. Amended or added forms are reflected in the listing and are published following the listing. Online users of this issue of the Virginia Register of Regulations may also click on the name to access a form. The forms are also available from the agency contact or may be viewed at the Office of Registrar of Regulations, General Assembly Building, 201 North Ninth Street, Fourth Floor, Richmond, Virginia 23219.

FORMS (4VAC20-1350)

Application for Reassignment of Oyster Planting Ground Review Form (eff. 7/2019)

Oyster Planting Ground Lease Renewal Application, online web application (filed 3/2024)

VA.R. Doc. No. R24-7806; Filed March 26, 2024