TITLE 4. CONSERVATION AND NATURAL RESOURCES

BOARD OF WILDLIFE RESOURCES

Proposed Regulation

Title of Regulation: 4VAC15-370. Watercraft: in General (amending 4VAC15-370-50, 4VAC15-370-51).

Statutory Authority: §§ 29.1-701 and 29.1-735 of the Code of Virginia.

Public Comment Deadline: August 17, 2026.

Agency Contact: Aaron Proctor, Policy Manager, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 801-8199, or email aaron.proctor@dwr.virginia.gov.

Summary:

The proposed amendments (i) incorporate by reference the U.S. Aids to Navigation System (33 CFR Part 62 March 17, 2025, update); (ii) require regulatory markers to be installed and maintained according to the terms of application, authorization, or Department of Wildlife Resources requirements; and (iii) clarify the rules and application procedures for regulatory markers that individuals place under local ordinance.

4VAC15-370-50. Regulatory markers and aids to navigation.

A. Under the provisions of Chapter 7 of Title 29.1 of the Code of Virginia and the U.S. Aids to Navigation System established by 33 CFR Part 62 (March 17, 2025, update), a system of regulatory markers and a lateral buoyage marking system of aids to navigation are hereby adopted on all public waters of the Commonwealth not marked by an agency of the United States. Regulatory markers will be white with international orange bands. A vertical open-faced diamond shape with a white center shall denote danger. A vertical open-faced diamond shape with an inside cross shall denote a prohibition of all vessels. A circular shape with a white center shall denote a control or restriction. A rectangular shape shall denote information other than a danger, control or restriction. No regulatory marker, aid to navigation or other waterway marker affecting the safety, health or well-being of a boat operator, excepting those placed by an agency of the United States or a political subdivision of this Commonwealth as authorized in § 29.1-744 D of the Code of Virginia, shall be placed in, on or near the water unless authorized by the department.

B. When buoys are used as The design, construction, and color of regulatory markers, they shall be white with horizontal bands of international orange, having a minimum width of two inches, placed completely around the buoy circumference. One band shall be at the top of the buoy, with a second band placed just above the waterline uniform so that both bands are clearly visible to approaching watercraft all vessel operators may readily recognize, identify, and distinguish authorized regulatory markers. The area of the buoy body visible between the two bands These specifications shall be white and not less than 12 inches in height. No buoy prescribed in department requirements and shall be less than 24 inches in overall height from the waterline accordance with the U.S. Aids to Navigation System established by 33 CFR Part 62 (March 17, 2025, update).

C. Where a regulatory marker consists of a sign displayed from a marine structure, post or piling, the sign shall be white, with an international orange border having a minimum width of three inches. The geometric shape associated with the meaning of the marker shall be centered on the signboard.

D. The size of the display area shall be as required by circumstances, except that no display area shall be smaller than one foot in height. The outside width of the diamond, the inner diameter of the circle, and the average of the inside and outside widths of a square shall be two-thirds of the display area. The side of the diamond shall slope at a 35° angle from the vertical on the plane surface. Approximate adjustments for curvature may be made when applied to a cylindrical surface.

E. Explanatory words may be added outside the diamond with a center cross, the open diamond and the no wake circle on fixed markers only, and shall be added to the inside of the circle, square and rectangle. The letters of such words shall be black, in block characters of good proportion, spaced in a manner that will provide maximum legibility, and of a size that will provide the necessary degree of visibility. Applicable words include, but are not limited to:

1. Open faced diamond: rock, snag, cable, dam, dredge, shoal, reef, wreck.

2. Diamond with cross: dam, swim area, rapids, no boats.

3. Circle: no skiing, no wake, no anchoring, no fishing, no scuba, no boats, ski only, fishing only, for wording inside the circle; and entering no wake zone, leaving no wake zone, for wording outside the circle.

4. Square or rectangle: information other than a danger, control or restriction, which may contribute to health, safety, or well-being of boaters, such as place names, arrows indicating availability of gas, oil, groceries, marine repairs, limits of controlled areas, or approaching controlled area.

F. Waterway markers shall be made of materials that will retain the characteristics essential to their basic significance, such as color, shape, legibility and position, despite weather or other exposures.

G. C. Regulatory markers shall be placed where they are reasonably visible from boats approaching the marker and the visibility of the marker shall be maintained in accordance with agency requirements or authorization.

H. Written approval of the department must be obtained before relocation of any marker.

I. The person responsible for the marker shall immediately notify the department when any approved marker is removed or destroyed. Such marker shall be replaced without unnecessary delay.

J. After notification to the person responsible for the marker, the department may cancel for reasonable cause any marker authorization. Such marker shall be removed by the person responsible for the marker without unnecessary delay. Should the marker not be removed within a reasonable amount of time, the department may remove the marker or have it removed at the expense of the person responsible for the marker.

K. The political subdivision or agency making application shall certify that the markers to be installed conform to the above provisions.

L. D. Applications for waterway markers to be authorized by the department under § 29.1-734 or 29.1-744 E of the Code of Virginia shall be submitted in a manner determined by the department and shall include (i) the specific purpose of control area, danger, or hazard to navigation or public swim area; (ii) the specific location of the regulated area; and (iii) reference to local ordinance authorizing a control area.

1. Authorized waterway markers must be placed in accordance with all department conditions.

2. Written approval of the department must be obtained before relocation of any marker.

3. The person responsible for the marker shall immediately notify the department when any approved marker is removed or destroyed. The marker shall be replaced without unnecessary delay.

4. After notification to the person responsible for the marker, the department may cancel for reasonable cause any marker authorization. The marker shall be removed by the person responsible for the marker without unnecessary delay. If the marker is not removed within a reasonable amount of time, the department may remove the marker or have it removed at the expense of the person responsible for the marker.

5. The political subdivision or agency making application shall certify that the markers to be installed conform to the provisions in this subsection.

E. It shall be unlawful to enter, use, or occupy public waters for a purpose contrary to the use indicated on markers authorized by the department, or placed by an agency of the Unites States or a political subdivision of this the Commonwealth.

M. F. It shall be unlawful to moor or attach a vessel to a marker other than an approved mooring buoy, or to move, remove, displace, tamper with, damage, or destroy a marker authorized by the department, placed by an agency of the United States, or placed by a political subdivision of this the Commonwealth.

4VAC15-370-51. Regulatory markers and aids to navigation maintenance.

The person responsible for a regulatory marker or aid to navigation shall maintain such the marker or aid to ensure visibility, readability, and proper placement of the marker or aid to navigation in accordance with department requirements or authorization for markers placed under 4VAC15-370-50. The department may remove, have removed, or require removal of any marker not maintained or repaired. All costs of removal shall be borne by the person responsible for the marker.