River recreation has grown in recent decades, and in its expansion, it has run into the wall of Virginia’s antiquated navigation laws.This website was created to share ideas that will help craft a bill that will get passed.
2014 – SB 629 has been introduced by Senator Marsden. Please contact your representative and ask them to support SB 629.
1. That the Code of Virginia is amended by adding a section numbered 29.1-745.1 as follows:
§ 29.1-745.1. Navigation on certain waters.
No person shall be liable for civil or criminal trespass for travel upon a nontidal river, stream, or creek with a drainage area of at least seven square miles within the Commonwealth if the travel consists solely of floating in or upon the water in a nonmotorized vessel for purposes of recreation. Nothing in this section shall be construed to change existing ownership rights in real property or to allow travel upon any waters where prohibited by law.
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2013 Effort:
For the first time in over a decade, a concerted and organized effort to create and submit a bill was made through the hard work of many individuals and organizations. The result of this hard work was SB 737 which was sponsored by Senator Chap Peteresen (Fairfax).
On February 5, 2013 SB 737 was voted down on a 18-21 vote. Here’s how the vote broke down:
- YEAS–Alexander, Barker, Colgan, Ebbin, Edwards, Favola, Herring, Howell, Locke, Lucas, Marsden, McEachin, Miller, Northam, Petersen, Puller, Saslaw, and Watkins
- NAYS–Blevins, Carrico, Deeds, Garrett, Hanger, Marsh, Martin, McDougle, McWaters, Newman, Norment, Obenshain, Puckett, Reeves, Ruff, Smith, Stanley, Stosch, Stuart, Vogel, and Wagner
- Abstain–Black
SB 737’s failure in the 2013 General Assembly does not mean that paddling on Virginia streams is illegal. It does mean that the right to paddle is not yet clarified and established. Keep on boating, keep talking to other boaters about the issue, and continue to present our activity as the positive recreation it is to everyone in your community.
Those involved with this bill are committed to getting a bill passed that benefits paddlers, and we knew that this was not a one time try. We knew that the odds of passage were not great, but through the process we would learn what the opposition to the bill would be. And knowing these concerns we could then adjust the language of the bill to meet these concerns, spend time educating the legislators, and continue to build community support. And come 2014 we will submit a newer, stronger version of the bill.
Here is a recap of the 2013 bill (SB 737):
This bill seeks to not only maintain the navigation rights Commonwealth citizens currently enjoy, but also to grant the right of navigation to many other bodies of water where they are currently restricted.
On January 31 the bill was passed by the Senate Agriculture, Conservation & Natural Resources Committee on an 8-7 vote.
It was then voted on by the full Senate on February 5, 2013. The votes was 18 yeahs, 21 nays, and 1 abstain.
The bill voted upon read as follows:
§ 29.1-745.1. Traveling upon certain waters
A. No person shall be charged with civil or criminal trespass for floating upon the bays, river, streams or creeks within the Commonwealth, so long as he legally accessed the body of water and is traveling by non-motorized vessel for purposes of recreation. Nothing in this section shall be construed to change existing ownership rights in real property, to permit hunting or fishing on private land, or to allow travel upon portions of bays, rivers, streams, or creeks where prohibited under the rule making authority of local, state, or federal authority for reasons of conservation or safety. This section shall apply only to rivers, streams, or creeks of the second order or higher.
B. For the purposes of this section, rivers, streams, or creeks of the first order are those identified as a perennial stream by a solid blue line on the most recently issued United States Geological Survey topographic quadrant maps at a scale of 1:24,000. Second order streams are those streams formed by the confluence of two first order streams.
Break it down:
- Access to freshwater bays, rivers, streams, and creeks
- …regardless of historical status as navigable or non-navigable
- …regardless of who owns the land around the waterway (creek bed, banks)
- For people in non-motorized vessels (kayaks, canoes, etc., not motorboats)
- For purposes of recreation (not fishing)
- Between sunrise and sunset
Free the Freshwater 
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“shall be open to navigation for purposes of recreation in non-motorized vessels between sunrise and sunset.” I would add the words “to the high water line on the bank or shore or 10 vertical feet, whichever is less, for the purpose of portaging only”.
“This section shall not be construed to allow navigation on portions of bays, rivers, streams or creeks when the same is prohibited by local, state or federal authorities for purposes of conservation or safety.”
I would remove the word “local” and simply list state or federal authorities so that some local law enforcement officer or county commissioner cannot simply declare that a section of waterway is closed due to “safety issues”. Too much opportunity for local abuse of power. Having this power at a state or federal level means that there is more likely to be oversight by other agencies,etc and the opportunity to appeal any closing at a state level.
If you want to include local authorities in this, give local authorities the power to make a temporary closing not to exceed 90 calendar days.
I also think that it is a mistake not to include ALL types of recreation, inclusive of fishing, wading, hiking, also. But that’s another debate.
I am from and live in North Carolina and support this Bill wholeheartedly.
I wish to go on record as being in support of Senate Bill 737 regarding Navigation on Fresh waters, which provides that the fresh waters of the Commonwealth shall be open to non motorized vessels for purposes of recreation between sunrise and sunset.
and I would like to add that voting done on the merit of a bill for it citizens just once, instead on party lines would be so refreshing to see.