Vol. 36 Iss. 1 - September 02, 2019

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 (adding 4VAC20-1350-10 through 4VAC20-1350-40).

Statutory Authority: § 28.2-613 of the Code of Virginia.

Effective Date: October 1, 2019.

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


The regulation establishes (i) the application procedures and fee for the renewal of general oyster planting ground leases and (ii) the time limit to request a formal hearing concerning denial of renewal.


4VAC20-1350-10. Purpose.

The purpose of this chapter is to establish the application procedures and fee for the renewal of general oyster planting ground leases and time limits to request a formal hearing concerning any denial of such renewal.

4VAC20-1350-20. Definitions.

The following word or term when used in this chapter shall have the following meaning, unless the context clearly indicates otherwise:

"General oyster planting ground" means any lease granted for the propagation of oysters or clams as defined under § 28.2-603 of the Code of Virginia.

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

A. Each leaseholder shall complete the 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, and the completed form and fee 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 and fee by the expiration date of the current 10-year term shall result in denial of the lease renewal.

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

4VAC20-1350-40. Request for formal hearing of lease renewal denial.

Any request for a formal hearing, pursuant to § 28.2-216 of the Code of Virginia, to appeal a renewal application denied pursuant to this chapter must be received or postmarked no later than 60 days from the date that notice of the commissioner's decision is received.

NOTICE: Forms used in administering the regulation have been filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia 23219.

FORMS (4VAC20-1350)

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

VA.R. Doc. No. R20-6110; Filed August 2, 2019, 11:14 a.m.