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Session Laws, 1988
Volume 770, Page 3511   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 534

any area within 150 feet of any natural oyster or natural clam
bar in any county; any area within 600 feet of any natural oyster
or clam bar in the Chesapeake Bay; any clam bed as defined by the
charts of the Oyster Survey of 1906 to 1912 and its amendments.
Any lease granted in violation of the provisions of this
subsection is null and void and the land described in the lease
shall revert to the State as though a lease had not been made.

(d)  (1) A leased oyster bottom shall be as rectangularly
shaped as possible. A tract or parcel of land may not be leased
in any of the following waters if it falls short of the minimum
area or exceeds the maximum area specified below:

Waters of the Chesapeake Bay

lying outside county

waters..................................5 acres to 500 acres

Tangier Sound AND AQUACULTURE

ENTERPRISE ZONES.........................1 acre to 100 acres

All other counties........................1 acre to 30 acres

(2) (i) 1. In Worcester County, a leased oyster
bottom shall be as rectangularly shaped as possible, and shall be
between 1 acre and 50 acres in size. Except AS AN AQUACULTURE
ENTERPRISE ZONE OR as provided in item 2. of this subparagraph,
the Department may not lease to one person a total amount of
leased oyster bottom in Worcester County exceeding 50 acres.

2. In Worcester County, 2 or more
individuals may work in concert and have operative control over a
total amount of leased oyster bottom not exceeding 200 acres. If
a lessee works in concert with other individuals so that the
lessee exercises operative control over more than 200 acres of
leased oyster bottom, the interest of the lessee shall revert to
the State as if a lease had not been made.

(ii) Notwithstanding the provisions of item 2.
of subparagraph (i), an individual who works in concert with
other individuals and has operative control over more than 200
acres of leased oyster bottom in Worcester County on June 1,
1986, may continue to work and have operative control over those
acres of leased oyster bottom.

(e)  (1) Notwithstanding any provision of subsection (b) of
this section, the Department may issue or renew a lease for any
leased oyster bottom that previously was leased for purposes of
oyster cultivation under this subtitle if:

- 3511 -

 

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Session Laws, 1988
Volume 770, Page 3511   View pdf image
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