Va. Code » Title 28.2. Fisheries and Habitat of the Tidal Waters » Subtitle III. Habitat » Chapter 12. Submerged Lands » Article 1. Ownership and Uses of Submerged Lands
Virginia Code

Va. Code Ann. § 28.2-1204 (2026)

Authority of Commission over submerged lands

✓ laws through the 2026 session (checked Sept. 2026)
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The Commission is authorized to:

1. Issue permits for all reasonable uses of state-owned bottomlands not authorized under subsection A of § 28.2-1203, including but not limited to, dredging, the taking and use of material, and the placement of wharves, bulkheads, and fill by owners of riparian land in the waters opposite their lands, provided such wharves, bulkheads, and fill do not extend beyond any lawfully established bulkhead lines;

2. Issue permits to recover underwater historic property pursuant to §§ 10.1-2214 and 28.2-1203; and

3. Establish bulkhead and private pier lines on or over the bays, rivers, creeks, streams, and shores of the ocean which are owned by or subject to the jurisdiction of the Commonwealth for this purpose, and to issue and publish maps and plats showing these lines; however, these lines shall not conflict with those established by the United States Army Corps of Engineers.

Code 1950, § 62-2.1; 1960, c. 600; 1962, c. 637; 1966, c. 641; 1968, c. 659, § 62.1-3; 1970, c. 621; 1972, c. 866; 1973, cc. 23, 361; 1974, cc. 92, 385; 1975, c. 431; 1976, c. 579; 1980, c. 253; 1982, c. 102; 1988, c. 868; 1992, c. 836.

Notes of Decisions
Cited in 8 cases, 2005–2015 · leading case: Evelyn v. Commonwealth, 621 S.E.2d 130 (Va. Ct. App. 2005).
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Evelyn v. Commonwealth, 621 S.E.2d 130 (Va. Ct. App. 2005). · cites it 8× “836 (enacting Code § 28.2-1204, which has not been amended since that time).”
Boone v. Harrison, 660 S.E.2d 704 (Va. Ct. App. 2008). · cites it 2× “Instead, Code § 28.2-1204 instructs the VMRC to permit “reasonable uses” of state-owned bottomland.”
Susan L. French Virginia Marine Resources Comm'n, 767 S.E.2d 245 (Va. Ct. App. 2015). · cites it 2× “2-1205(A), by the Virginia Constitution’s emphasis on the preservation of the environment, the public’s access to public lands for recreation, and maintenance of all public resources “for the benefit, enjoyment, and general welfare of the people of the Commonwealth,” Va.”
Jennings v. Bd. of Sup'rs of Northumberland, 708 S.E.2d 841 (Va. 2011). · cites it 2× “2-1200, which recognizes the Commonwealth's ownership of bottomlands, and Code § 28.2-1204, which delegates authority to VMRC to "[i]ssue permits for all reasonable uses of state-owned bottomlands not authorized under" Code § 28.”
Virginia Marine Resources Comm'n v. Chincoteague Inn & Raymond Britton, 735 S.E.2d 702 (Va. Ct. App. 2013). · cites it 4× “Code § 28.2-1204 sets forth VMRC’s authority over submerged lands to 1.”
Palmer v. Commonwealth of Virginia Marine Resources Comm'n, 628 S.E.2d 84 (Va. Ct. App. 2006). “Subject to any applicable local ordinances, such piers may include an attached boat lift and an open-sided roof designed to shelter a single boat slip or boat lift.”
Harrison v. Virginia Marine Resources Comm'n, 73 Va. Cir. 111 (Norfolk Cir. Ct. 2007). · cites it 3× “See, Va. Code §§ 28.2-1204 and 28.2-1205; see also, Va.”
Virginia Marine Resources Comm'n v. Sarah Harrison, No. 1316071 (Va. Ct. App. May 20, 2008). · cites it 2× “Instead, Code § 28.2-1204 instructs the VMRC to permit “reasonable uses” of state-owned bottomland.”
Va. Code Ann. § 28.2-1204(1): 1 case
Evelyn v. Commonwealth, 621 S.E.2d 130 (Va. Ct. App. 2005). “836 (enacting Code § 28.2-1204, which has not been amended since that time).”
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