4 Va. Admin. Code § 20-360-90
Current through Register Vol. 40, No. 22, June 17, 2024
The following criteria will be considered by the commission in determining whether, and upon what condition to issue any permit for a boat mooring facility. In addition, the commission may consider other factors relevant to a specific project or application.
| Criteria | Undesirable | Desirable |
| Water Depth | Less than 3 ft. mlw | Greater than 3 ft. mlw |
| Salinity | Suitable for shellfish growth | Unsuitable for shellfish growth |
| Water Quality | Approved, conditionally approved or seasonally approved for shellfish harvesting | Closed for direct marketing of shellfish. Little or no potential for future productivity |
| Designated Shellfish Grounds | Private leases or public oyster ground in proximity | No private leases or public ground within affected area. No potential for future productivity |
| Maximum Wave Height | Greater than 1 ft. | Less than 1 ft. |
| Current | Greater than 1 knot | Less than 1 knot |
| Dredging | Requires frequent dredging | Does not require frequent maintenance |
| No suitable site for dredged material | Suitable site for all dredged material | |
| Flushing Rate (Tidal Exchange) | Inadequate to maintain water quality | Adequate to maintain water quality |
| Proximity to Natural or Improved Channel | Greater than 50 ft. to navigable water depths | Less than 50 ft. to navigable channel |
| Threatened or Endangered Species | Present as defined in existing chapters, or project has potential to affect habitat | Absent; project will not affect |
| Adjacent Wetlands | Cannot maintain suitable buffer | Suitable buffer to be maintained |
| Navigation & Safety | Water body difficult to navigate or presently overcrowded conditions exist | Navigation not impeded |
| Existing Use of Site | Presently used for skiing, crabbing, fishing, swimming or other potentially conflicting uses | Not presently used for skiing, fishing, swimming or other recreational use |
| Submerged Aquatic Vegetation | Present | Absent |
| Shoreline | Bulkheading Required | Shoreline protected |
| Stabilization | by natural or planted vegetation or riprap | |
| Erosion Control Structures | Groins and/or jetties necessary | No artificial structures needed |
| Finfish Habitat Usage | Important spawning and nursery area | Unimportant area for spawning or nursery for any commercially or recreationally valuable species |
4 Va. Admin. Code § 20-360-90
Statutory Authority
§§ 28.2-201 and 28.2-1204 of the Code of Virginia.