§ 28.2-808 — Periods of condemnation

Virginia § 28.2-808

• Jurisdiction: Virginia
• Title 28.2: FISHERIES AND HABITAT OF THE TIDAL WATERS
• Subtitle II: TIDAL FISHERIES
• Ch. 8: HEALTH AND SANITATION PROVISIONS
• Art. 2: CONTROL OF CRUSTACEA, FINFISH AND SHELLFISH; VIOLATIONS AND PENALTIES

Text

A crustacea, finfish or shellfish growing area and the crustacea, finfish or shellfish, located thereon may be condemned for the following periods:

1. For an indefinite period, based upon water quality and sources of pollution.

2. Seasonally, where recreation or certain other activities in or adjacent to the area may cause pollution of the growing area during certain seasons of the year.

3. Conditionally, for finite periods of time, based on predictable pollution events. Such conditionally condemned areas may be closed by the State Health Commissioner without advance notice or a prior hearing, provided that a hearing is held within thirty days after the area is condemned, unless it is reopened within this period.

Areas not condemned are in effect approved.

Legislative History

Code 1950, § 28-161; 1962, c. 406, § 28.1-177; 1979, c. 714; 1992, c. 836.