W. Va. Code R. § 58-29-7

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-29-7 - Skin and Scuba Diving
7.1. Skin and scuba diving are permitted in all areas of the lake except the following:
7.1.1. The restricted area established above the dam, around the intake tower, or any other restricted area that may be established on the Lake and approved by the Director;
7.1.2. Heavily traveled boat lanes;
7.1.3. Narrow channels; and
7.1.4. Areas where visibility is obscured.
7.2. The provisions of section 7.1. of this rule shall not apply to law enforcement vessels, U. S. Army Corps of Engineers vessels, or professional skin or scuba divers engaged in demolition, salvage, construction, rescue, or repair work in the regular course of their business and who are registered with the Lake Manager of the Lake.
7.3. "Diver-Down" Flag Required and Flag Specifications.
7.3.1. No person may skin or scuba dive in the Lake unless the diving area is marked by one "diver-down" flag displayed at all times while a diver is in the water.
7.3.2. The "diver-down" flag shall be a red field with a diagonal stripe not less than one and one-half inches wide running upper left to lower right. The dimensions of the flag shall not be less than ten (10) inches x ten (10) inches and the top of the flag shall be at least three (3) feet above the surface of the water.
7.3.3. The "diver-down" flag shall be anchored and affixed to a separate floatation device. No such flag may be attached to any vessel or navigational device or placed so as to obstruct other vessel traffic.
7.3.4. Divers must surface within one hundred (100) feet of the "diver-down" flag marking their diving area.

W. Va. Code R. § 58-29-7