Terms Used In Virginia Code > Title 28.2 > Subtitle III > Chapter 13 - Wetlands

• Abandoned: means either (i) the discontinuance of use of a mark with intent not to resume such use (intent not to resume may be inferred from circumstances, i. See Virginia Code 59.1-92.2
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means any person filing an application for registration of a mark under this chapter, and the legal representatives, successors, or assigns of such person. See Virginia Code 59.1-92.2
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Back Bay and its tributaries: means the following, as shown on the United States Geological Survey Quadrangle Sheets for Virginia Beach, North Bay, and Knotts Island: Back Bay north of the Virginia-North Carolina state line; Capsies Creek north of the Virginia-North Carolina state line; Deal Creek; Devil Creek; Nawney Creek; Redhead Bay, Sand Bay, Shipps Bay, North Bay, and the waters connecting them; Beggars Bridge Creek; Muddy Creek; Ashville Bridge Creek; Hells Point Creek; Black Gut; and all coves, ponds and natural waterways adjacent to or connecting with the above-named bodies of water. See Virginia Code 28.2-1300
• Bank: has the meaning assigned to it in Virginia Code 6.2-849
• board: means a board created pursuant to § Virginia Code 28.2-1300
• Board: means the State Board of Elections. See Virginia Code 24.2-101
• Candidate: means a person who seeks or campaigns for an office of the Commonwealth or one of its governmental units in a general, primary, or special election and who is qualified to have his name placed on the ballot for the office. See Virginia Code 24.2-101
• Commission: means the Marine Resources Commission. See Virginia Code 28.2-100
• Commission: means the State Corporation Commission. See Virginia Code 6.2-100
• Commission: means the State Corporation Commission. See Virginia Code 59.1-69
• Commission: means the State Corporation Commission. See Virginia Code 59.1-92.2
• Commissioner: means the Commissioner of Marine Resources. See Virginia Code 28.2-100
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the state agency headed by the Commissioner of Elections. See Virginia Code 24.2-101
• Donor: The person who makes a gift.
• Election: means a general, primary, or special election. See Virginia Code 24.2-101
• Election district: means the territory designated by proper authority or by law which is represented by an official elected by the people, including the Commonwealth, a congressional district, a General Assembly district, or a district for the election of an official of a county, city, town, or other governmental unit. See Virginia Code 24.2-101
• General election: means an election held in the Commonwealth on the Tuesday after the first Monday in November or on the first Tuesday in May for the purpose of filling offices regularly scheduled by law to be filled at those times. See Virginia Code 24.2-101
• General registrar: means the person appointed by the electoral board of a county or city pursuant to § Virginia Code 24.2-101
• Governmental activity: means any of the services provided by the Commonwealth or a county, city, or town to its citizens for the purpose of maintaining public facilities, including but not limited to, such services as constructing, repairing and maintaining roads; providing street lights and sewage facilities; supplying and treating water; and constructing public buildings. See Virginia Code 28.2-1300
• Grantor: The person who establishes a trust and places property into it.
• Home state: has the meaning assigned to it in § Virginia Code 6.2-849
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interstate merger transaction: means :

  1. See Virginia Code 6.2-849

• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• Mark: means any trademark or service mark registered in the Commonwealth or the United States Patent and Trademark Office, or entitled to registration under this chapter, whether registered or not. See Virginia Code 59.1-92.2
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Nonvegetated wetlands: means unvegetated lands lying contiguous to mean low water and between mean low water and mean high water, including those unvegetated areas of Back Bay and its tributaries and the North Landing River and its tributaries subject to flooding by normal and wind tides but not hurricane or tropical storm tides. See Virginia Code 28.2-1300
• North Landing River and its tributaries: means the following, as shown on the United States Geological Survey Quadrangle Sheets for Pleasant Ridge, Creeds, and Fentress: the North Landing River from the Virginia-North Carolina line to Virginia Highway 165 at North Landing Bridge; the Chesapeake and Albemarle Canal from Virginia Highway 165 at North Landing Bridge to the locks at Great Bridge; and all named and unnamed streams, creeks and rivers flowing into the North Landing River and the Chesapeake and Albemarle Canal except West Neck Creek north of Indian River Road, Pocaty River west of Blackwater Road, Blackwater River west of its forks located at a point approximately 6400 feet due west of the point where Blackwater Road crosses the Blackwater River at the village of Blackwater, and Millbank Creek west of Blackwater Road. See Virginia Code 28.2-1300
• Officer: means a member of the Virginia Marine Police. See Virginia Code 28.2-100
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: has the meaning prescribed in § 1-230. See Virginia Code 59.1-69
• political party: means an organization of citizens of the Commonwealth which, at either of the two preceding statewide general elections, received at least 10 percent of the total vote cast for any statewide office filled in that election. See Virginia Code 24.2-101
• Polling place: means the structure that contains the one place provided for each precinct at which the qualified voters who are residents of the precinct may vote. See Virginia Code 24.2-101
• Precinct: means the territory designated by the governing body of a county, city, or town to be served by one polling place. See Virginia Code 24.2-101
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public facilities: means (i) airports, landing fields, and air navigation facilities; (ii) educational facilities; (iii) flood control, bank and shore protection, watershed protection, and dams; (iv) hospital facilities; (v) judicial and court facilities; (vi) correctional facilities, including jails and penitentiaries; (vii) library facilities; (viii) military installations; (ix) parks so designated by the Commonwealth or by the locality in its comprehensive plan; (x) properties of historical significance so designated by the Commonwealth; (xi) law enforcement, fire, emergency medical, and rescue facilities; (xii) sanitary sewer, water or stormwater facilities; (xiii) transportation facilities including highways, roads, streets, and bridges, traffic signals, related easements and rights-of-way, mass transit, ports, and any components of federal, state, or local transportation facilities; (xiv) waste management facilities for hazardous, radioactive, or other waste; (xv) office facilities occupied by a public corporation; and (xvi) such other facilities that are necessary to the construction, maintenance, or operation of a public facility as listed in clauses (i) through (xv) and directly related thereto. See Virginia Code 1-219.1
• Referendum: means any election held pursuant to law to submit a question to the voters for approval or rejection. See Virginia Code 24.2-101
• Registered voter: means any person who is maintained on the Virginia voter registration system. See Virginia Code 24.2-101
• Registrant: means any person to whom the registration of a mark under this chapter or prior law is issued, and the legal representatives, successors, or assigns of such person. See Virginia Code 59.1-92.2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Resulting bank: means a bank that has resulted from an interstate merger transaction under this article. See Virginia Code 6.2-849
• Service mark: means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the services of such person from the services of others. See Virginia Code 59.1-92.2
• State bank: means a bank incorporated under the laws of the Commonwealth and that has its principal place of business in the Commonwealth. See Virginia Code 6.2-800
• sworn: means "affirm" or "affirmed. See Virginia Code 1-250
• Testator: A male person who leaves a will at death.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tidewater Virginia: means the following counties: Accomack, Arlington, Caroline, Charles City, Chesterfield, Essex, Fairfax, Gloucester, Hanover, Henrico, Isle of Wight, James City, King and Queen, King George, King William, Lancaster, Mathews, Middlesex, New Kent, Northampton, Northumberland, Prince George, Prince William, Richmond, Spotsylvania, Stafford, Surry, Westmoreland, and York; and the Cities of Alexandria, Chesapeake, Colonial Heights, Fairfax, Falls Church, Fredericksburg, Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson, Portsmouth, Richmond, Suffolk, Virginia Beach, and Williamsburg. See Virginia Code 28.2-100
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• Trade name: means any name used by a person to identify a business or enterprise. See Virginia Code 59.1-92.2
• Trademark: means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person from those manufactured or sold by others. See Virginia Code 59.1-92.2
• Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Virginia Code 59.1-92.2
• Vegetated wetlands: means lands lying between and contiguous to mean low water and an elevation above mean low water equal to the factor one and one-half times the mean tide range at the site of the proposed project in the county, city, or town in question, and upon which is growing any of the following species: saltmarsh cordgrass (Spartina alterniflora), saltmeadow hay (Spartina patens), saltgrass (Distichlis spicata), black needlerush (Juncus roemerianus), saltwort (Salicornia spp. See Virginia Code 28.2-1300
• Virginia bank: means a bank whose home state is Virginia. See Virginia Code 6.2-849
• Virginia state bank: has the meaning assigned to it in § Virginia Code 6.2-849
• voter registration system: means the automated central record-keeping system for all voters registered within the Commonwealth that is maintained as provided in Article 2 (§ Virginia Code 24.2-101
• Wetlands: means both vegetated and nonvegetated wetlands. See Virginia Code 28.2-1300
• Wetlands zoning ordinance: means the ordinance set forth in § Virginia Code 28.2-1300