The underwater exploration permits are issued by the Habitat Management Division in agreement with the Department of Historic Resources. The Division's authority and responsibilities derive from ยง10.1-2214 of the Code of Virginia. An Underwater Exploration Permit allows a permit holder to explore certain areas of submerged bottomlands owned by the Commonwealth of Virginia.
To apply for an exploration permit one must complete and submit an application using the Underwater Exploration Permit Application. An email will be sent to the permittee with a link to allow the permittee to complete a report for their permit. Permits may be issued to residents and non-residents of Virginia, and are only valid for one permittee for one year. The Underwater Exploration Permit fee shall be $25. To receive an application by mail, please contact us directly at (757) 247-2214.
A permittee is responsible for adhering to all conditions of their permit. There is expressly excluded from the permit any portions of water within the boundaries of the Baylor Survey, private oyster planting ground, underwater exploration exclusion zones, and riparian areas of upland property owners. Boundaries for the Baylor Survey ("Public Grounds"), private oyster planting ground ("Private Oyster Ground Leases"), and Underwater Exploration Exclusions Zones are accessible at https://webapps.mrc.virginia.gov/public/maps/chesapeakebay_map.php.
Up to five artifacts from any general location may be removed by an Underwater Exploration permittee within a 12-month period. Limited hand-fanning may be used to recover artifacts from the upper layer (<3 inches) of substrate. An Underwater Exploration Permit does not authorize the excavation of artifacts for the purposes of claim, and/or salvage.
A permittee must annually submit a report describing permit activities. If a permittee does not find anything or does not engage in exploration activities, zero-finding or zero-activity must be reported. If historic materials are found, they must be reported to VMRC within 30 days using the same report form. Reports of findings are transmitted to the Department of Historic Resources for review. Annual reports and reports of findings are not public.
