{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/28.2-634.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/28.2-634.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/28.2-634.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/28.2-634.html"}],"law_id":356747,"edition_id":2,"section_id":356747,"structure_id":51057,"section_number":"28.2-634","catch_line":"Nonresidents; taking, planting oysters prohibited; penalty","history":"Code 1950, \u00a7 28-139; 1962, c. 406, \u00a7 28.1-122; 1992, c. 836.","full_text":"If any person other than a resident, as defined in \u00a7 28.2-200, takes or catches oysters or clams in any of the waters of this Commonwealth, or in any of the waters under the Commonwealth’s jurisdiction, for market or profit, he is guilty of a Class 1 misdemeanor. If any person other than a resident, as defined in \u00a7 28.2-200, or a corporation authorized to occupy and hold oyster-planting grounds, rents any oyster-planting grounds or plants oysters or clams in any of the waters of the Commonwealth, or waters under the Commonwealth’s jurisdiction, he is guilty of a Class 1 misdemeanor, and such rental, lease or assignment is void. The burden of proof of residency under this section is the defendant’s. This section shall not apply to any oyster-planting ground against which foreclosure proceedings have been instituted or title to which is acquired because of the lessee’s death. Any property interest so acquired shall not extend longer than twelve months from the time the title vests.\n\n","order_by":null,"text":{"0":{"id":1327959,"text":"If any person other than a resident, as defined in \u00a7 28.2-200, takes or catches oysters or clams in any of the waters of this Commonwealth, or in any of the waters under the Commonwealth’s jurisdiction, for market or profit, he is guilty of a Class 1 misdemeanor. If any person other than a resident, as defined in \u00a7 28.2-200, or a corporation authorized to occupy and hold oyster-planting grounds, rents any oyster-planting grounds or plants oysters or clams in any of the waters of the Commonwealth, or waters under the Commonwealth’s jurisdiction, he is guilty of a Class 1 misdemeanor, and such rental, lease or assignment is void. The burden of proof of residency under this section is the defendant’s. This section shall not apply to any oyster-planting ground against which foreclosure proceedings have been instituted or title to which is acquired because of the lessee’s death. Any property interest so acquired shall not extend longer than twelve months from the time the title vests.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":51057,"edition_id":2,"name":"Restrictions","identifier":"4","label":"article","depth":4,"order_by":4,"parent_id":51053,"metadata":{"child_laws":17,"child_structures":0},"date_created":"2026-08-02 02:36:38","date_modified":"2026-08-02 12:31:45","permalink":{"id":1418631,"object_type":"structure","relational_id":51057,"identifier":"4","token":"28.2\/II\/6\/4","url":"\/28.2\/II\/6\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51053,"edition_id":2,"name":"Planting Grounds","identifier":"6","label":"chapter","depth":3,"order_by":5,"parent_id":50998,"metadata":{"child_laws":54,"child_structures":4},"date_created":"2026-08-02 02:36:34","date_modified":"2026-08-02 12:31:45","permalink":{"id":1418475,"object_type":"structure","relational_id":51053,"identifier":"6","token":"28.2\/II\/6","url":"\/28.2\/II\/6\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50998,"edition_id":2,"name":"Tidal Fisheries","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":50994,"metadata":{"child_laws":289,"child_structures":42},"date_created":"2026-08-02 02:36:05","date_modified":"2026-08-02 12:31:42","permalink":{"id":1417675,"object_type":"structure","relational_id":50998,"identifier":"II","token":"28.2\/II","url":"\/28.2\/II\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50994,"edition_id":2,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":70,"parent_id":null,"metadata":{"child_laws":386,"child_structures":71},"date_created":"2026-08-02 02:36:05","date_modified":"2026-08-02 12:31:41","permalink":{"id":1417591,"object_type":"structure","relational_id":50994,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":356747,"structure_id":51057,"section_number":"28.2-634","catch_line":"Nonresidents; taking, planting oysters prohibited; penalty","url":"\/28.2-634\/","token":"28.2\/II\/6\/4\/28.2-634","metadata":false},{"id":356748,"structure_id":51057,"section_number":"28.2-635","catch_line":"Residents not to be associated with nonresident","url":"\/28.2-635\/","token":"28.2\/II\/6\/4\/28.2-635","metadata":false},{"id":356749,"structure_id":51057,"section_number":"28.2-636","catch_line":"Leasing of certain bottoms in Rappahannock River prohibited","url":"\/28.2-636\/","token":"28.2\/II\/6\/4\/28.2-636","metadata":false},{"id":356750,"structure_id":51057,"section_number":"28.2-637","catch_line":"Repealed","url":"\/28.2-637\/","token":"28.2\/II\/6\/4\/28.2-637","metadata":false},{"id":356751,"structure_id":51057,"section_number":"28.2-638","catch_line":"Authority of Governor to authorize dredging of channel in navigable waters","url":"\/28.2-638\/","token":"28.2\/II\/6\/4\/28.2-638","metadata":false},{"id":356752,"structure_id":51057,"section_number":"28.2-639","catch_line":"Certain public oyster rocks in Rappahannock River","url":"\/28.2-639\/","token":"28.2\/II\/6\/4\/28.2-639","metadata":false},{"id":356753,"structure_id":51057,"section_number":"28.2-640","catch_line":"Declaring certain grounds in Mobjack Bay public oyster rocks","url":"\/28.2-640\/","token":"28.2\/II\/6\/4\/28.2-640","metadata":false},{"id":356754,"structure_id":51057,"section_number":"28.2-641","catch_line":"Declaring certain areas in Hill's Bay, Mathews County, public oyster rocks, beds, and shoals","url":"\/28.2-641\/","token":"28.2\/II\/6\/4\/28.2-641","metadata":false},{"id":356755,"structure_id":51057,"section_number":"28.2-642","catch_line":"Declaring certain other areas in Hill's Bay, Mathews County, public oyster rocks, beds, and shoals","url":"\/28.2-642\/","token":"28.2\/II\/6\/4\/28.2-642","metadata":false},{"id":356756,"structure_id":51057,"section_number":"28.2-643","catch_line":"Declaring certain areas in Chesapeake Bay, Mathews County, public oyster rocks, beds, and shoals","url":"\/28.2-643\/","token":"28.2\/II\/6\/4\/28.2-643","metadata":false},{"id":356757,"structure_id":51057,"section_number":"28.2-644","catch_line":"Declaring certain areas near Hole in the Wall, in Mathews County, public oyster rocks, beds, and shoals","url":"\/28.2-644\/","token":"28.2\/II\/6\/4\/28.2-644","metadata":false},{"id":356758,"structure_id":51057,"section_number":"28.2-645","catch_line":"Declaring certain areas in Pocomoke Sound, Accomack County, public oyster rocks, beds, and shoals","url":"\/28.2-645\/","token":"28.2\/II\/6\/4\/28.2-645","metadata":false},{"id":356759,"structure_id":51057,"section_number":"28.2-646","catch_line":"Declaring certain areas in Piankatank River near Stove Point, Middlesex County, public oyster rocks, beds, and shoals","url":"\/28.2-646\/","token":"28.2\/II\/6\/4\/28.2-646","metadata":false},{"id":356760,"structure_id":51057,"section_number":"28.2-647","catch_line":"Declaring certain areas near the mouth of the Poquoson River, in York County, public oyster rocks, beds and shoals","url":"\/28.2-647\/","token":"28.2\/II\/6\/4\/28.2-647","metadata":false},{"id":356761,"structure_id":51057,"section_number":"28.2-648","catch_line":"Declaring certain ground in Mobjack Bay, in Gloucester and Mathews Counties, to be public oyster rocks, beds, and shoals","url":"\/28.2-648\/","token":"28.2\/II\/6\/4\/28.2-648","metadata":false},{"id":356762,"structure_id":51057,"section_number":"28.2-649","catch_line":"Acts which remain in force","url":"\/28.2-649\/","token":"28.2\/II\/6\/4\/28.2-649","metadata":false},{"id":356763,"structure_id":51057,"section_number":"28.2-650","catch_line":"Dredging clams in polluted areas for replanting in public clamming grounds","url":"\/28.2-650\/","token":"28.2\/II\/6\/4\/28.2-650","metadata":false}],"next_section":{"id":356748,"structure_id":51057,"section_number":"28.2-635","catch_line":"Residents not to be associated with nonresident","url":"\/28.2-635\/","token":"28.2\/II\/6\/4\/28.2-635","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-634\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 406; in 1992, chapter 836.<\/p>","references":false,"refers_to":[{"id":356543,"section_number":"28.2-200","catch_line":"Definitions","order_by":null,"url":"\/28.2-200\/"}],"permalink":{"id":1418633,"object_type":"law","relational_id":356747,"identifier":"28.2-634","token":"28.2\/II\/6\/4\/28.2-634","url":"\/28.2-634\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/28.2-634\/","token":"28.2\/II\/6\/4\/28.2-634","dublin_core":{"Title":"Nonresidents; taking, planting oysters prohibited; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-634","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If any person other than a resident<\/span>, as defined in \u00a7 28.2-200<\/a>, takes or catches oysters or clams in any of the waters of this Commonwealth, or in any of the waters under the Commonwealth’s jurisdiction<\/span>, for market or profit, he is guilty of a Class 1 misdemeanor<\/span>. If any person other than a resident<\/span>, as defined in \u00a7 28.2-200<\/a>, or a corporation authorized to occupy and hold oyster-planting grounds, rents any oyster-planting grounds or plants oysters or clams in any of the waters of the Commonwealth, or waters under the Commonwealth’s jurisdiction<\/span>, he is guilty of a Class 1 misdemeanor<\/span>, and such rental, lease or assignment is void. The burden of proof<\/span> of residency under this section is the defendant<\/span>’s. This section shall not apply to any oyster-planting ground against which foreclosure proceedings have been instituted or title to which is acquired because of the lessee’s death. Any property interest so acquired shall not extend longer than twelve months from the time the title vests.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNONRESIDENTS; TAKING, PLANTING OYSTERS PROHIBITED; PENALTY (\u00a7 28.2-634)\n\nIf any person other than a resident, as defined in \u00a7 28.2-200, takes or catches\noysters or clams in any of the waters of this Commonwealth, or in any of the\nwaters under the Commonwealth’s jurisdiction, for market or profit, he is\nguilty of a Class 1 misdemeanor. If any person other than a resident, as defined\nin \u00a7 28.2-200, or a corporation authorized to occupy and hold oyster-planting\ngrounds, rents any oyster-planting grounds or plants oysters or clams in any of\nthe waters of the Commonwealth, or waters under the Commonwealth’s\njurisdiction, he is guilty of a Class 1 misdemeanor, and such rental, lease or\nassignment is void. The burden of proof of residency under this section is the\ndefendant’s. This section shall not apply to any oyster-planting ground\nagainst which foreclosure proceedings have been instituted or title to which is\nacquired because of the lessee’s death. Any property interest so acquired\nshall not extend longer than twelve months from the time the title vests.\n\nHISTORY: Code 1950, \u00a7 28-139; 1962, c. 406, \u00a7 28.1-122; 1992, c. 836.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}