Quick Summary
- Waterfront property ownership in Virginia is governed by a distinct body of law that does not apply to inland real estate — including riparian rights, the mean low water mark boundary, VMRC permitting requirements for docks and piers, and the Chesapeake Bay Preservation Act’s development restrictions within Resource Protection Areas.
- Buyers who acquire waterfront property through an LLC or trust face additional legal considerations, including the FinCEN Residential Real Estate Rule for non-financed entity purchases, entity structuring for asset protection in a high-value and high-risk coastal environment, and the estate planning implications of transferring waterfront parcels with attached riparian rights.
- A qualified real estate attorney should be involved before a contract is signed — not just at closing — to verify riparian rights, confirm permitting compliance, identify environmental restrictions, and ensure the ownership structure accounts for the unique risks and regulatory obligations of coastal property in Virginia Beach.
What Makes Waterfront Property Legally Different?
Purchasing a home or investment property on the water in Virginia Beach is not the same as purchasing a comparable property a few blocks inland. The legal framework governing waterfront real estate introduces a set of considerations that most buyers — and many real estate agents — do not encounter in a typical transaction.
These considerations include questions about where your property actually ends, what you are permitted to build on or near the water, what regulatory restrictions may limit how you use your land, and how the physical characteristics of the shoreline can change your legal boundaries over time. Each of these issues has the potential to affect the value of your investment, the scope of your ownership rights, and your exposure to liability.
Understanding these issues before you make an offer — rather than discovering them at the closing table or after you have taken possession — is the most effective way to protect your investment.
Understanding Riparian Rights in Virginia
The term “riparian rights” refers to the bundle of legal rights that attach to property situated in direct contact with a body of water. In Virginia, these rights are recognized by statute and by common law, and they carry significant implications for what a waterfront property owner can and cannot do.
The Mean Low Water Mark
Under Virginia Code § 28.2-1202, the boundary of privately owned waterfront property along tidal waters extends to the mean low water mark — the average point reached by the tide at its lowest ebb. The land and submerged bottomland below this mark is owned by the Commonwealth of Virginia and held in public trust.
This means that when you purchase a waterfront property, you do not own the land beneath the water. The Commonwealth retains ownership of those submerged lands under Virginia Code § 28.2-1200, which declares that the beds of the bays, rivers, creeks, and shores of the sea are the property of the Commonwealth, available as a common for public use including fishing, fowling, and shellfishing.
This distinction has practical consequences. Your property boundary is not a fixed line drawn on a survey decades ago — it is a dynamic boundary determined by tidal patterns. A survey conducted ten or twenty years ago may no longer accurately represent where your property ends and the Commonwealth’s land begins.
Note that these rules pertain to TIDAL WATERS primarily. Many non-tidal bodies of water may have different boundary line rules. Some platted boundary lines for non-tidal lakes and drainage facilities can saddle the owner with often surprising maintenance responsibilities. So even if the pond adjacent to a property under consideration needs to be understood and the boundaries and private restrictive covenants are important to understand before going to the closing table
Accretion, Erosion, and Reliction
Because the mean low water mark is a natural boundary, it is subject to the physical forces that reshape coastlines over time.
Accretion occurs when sediment gradually deposits along the shoreline, slowly extending the land outward. When accretion occurs naturally and gradually, Virginia law generally recognizes that the property owner gains title to the newly formed land.
Erosion is the opposite process — the gradual loss of land as water washes away the shoreline. As erosion moves the mean low water mark landward, the property owner’s boundary effectively recedes with it.
Reliction occurs when water permanently recedes, exposing land that was previously submerged. Like accretion, reliction can expand the boundaries of riparian property.
These processes create a legal reality that many buyers do not anticipate: the physical dimensions of a waterfront parcel can change over time, and the legal description in a deed may not match the property as it exists today. An accurate, current waterfront survey is essential before any purchase.
Riparian Rights Can Be Severed from the Property
One of the most consequential — and least understood — aspects of Virginia waterfront property law is that riparian rights can be legally severed from the underlying land. A previous owner can sell or transfer the riparian rights separately from the property itself.
This means it is possible to purchase a waterfront home and discover, after closing, that you do not have the legal right to build a dock, access the water from your shoreline, or exercise any of the other privileges typically associated with waterfront ownership. Virginia is a caveat emptor state — the burden falls on the buyer to investigate and confirm what rights come with the property.
A thorough title search that specifically examines the history of riparian rights is not optional for waterfront transactions. It is essential.
Docks, Piers, and the Virginia Marine Resources Commission
For many buyers, the ability to maintain a private dock or pier is a primary reason for purchasing waterfront property. However, because the land beneath tidal waters belongs to the Commonwealth, any structure built over that land requires authorization from the state.
VMRC Permitting Requirements
The Virginia Marine Resources Commission (VMRC) has jurisdiction over the use of state-owned submerged lands. Under Virginia Code § 28.2-1203, it is unlawful to build, dump, trespass, or encroach upon or over the beds of the bays, rivers, creeks, or shores of the sea without first obtaining a permit from the VMRC.
Failure to obtain the required permits is a Class 1 misdemeanor and can result in civil penalties of up to $25,000 per day of violation under Virginia Code § 28.2-1213. The VMRC also has the authority to order the removal of unpermitted structures.
For buyers, this means that the existence of a dock or pier on a property does not guarantee that the structure was built legally. A pre-purchase investigation should confirm that valid VMRC permits are on file for every structure extending beyond the mean low water mark. If the permits are missing, expired, or noncompliant, the buyer may inherit an obligation to remove the structure or undertake the cost and uncertainty of seeking retroactive authorization.
Joint Permits and the Army Corps of Engineers
Many waterfront construction projects also require a permit from the U.S. Army Corps of Engineers under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Virginia uses a joint permit application process through which applicants can apply to both the VMRC and the Corps simultaneously, but both authorizations must be obtained independently.
Riparian Area Disputes Between Neighbors
The VMRC regulates the use of state-owned bottomlands, but it does not resolve disputes between neighboring property owners over the boundaries of their respective riparian areas. Those disputes fall within the jurisdiction of the Virginia Circuit Courts.
Establishing the boundaries of a riparian area — the zone extending from the shoreline to the line of navigability in which a property owner may exercise riparian rights — requires a hydrographic survey and, in contested cases, a court proceeding. Buyers who plan to build a dock or pier and whose neighbors have existing structures on the water should consider having a riparian apportionment survey prepared and recorded as part of the purchase process.
The Chesapeake Bay Preservation Act and Resource Protection Areas
Virginia Beach, like all localities in Tidewater Virginia, is subject to the Chesapeake Bay Preservation Act, enacted by the Virginia General Assembly in 1988. This legislation establishes a framework for protecting water quality through local land use regulation, and it has direct implications for what waterfront property owners can do with their land.
What Is a Resource Protection Area?
The Act requires localities to designate Chesapeake Bay Preservation Areas, which are divided into two categories: Resource Protection Areas (RPAs) and Resource Management Areas (RMAs).
RPAs are the more restrictive designation. They include tidal wetlands, tidal shores, non-tidal wetlands connected to tidal waters, and a mandatory 100-foot vegetated buffer adjacent to and landward of these features. Within an RPA, the buffer is intended to remain in its natural, undisturbed state. Development, land clearing, and construction are severely restricted.
RMAs encompass the broader surrounding areas, including floodplains, highly erodible soils, steep slopes, and other sensitive lands. Development is permitted in RMAs but must comply with performance criteria designed to minimize water quality impacts.
Why RPA Designations Matter at Closing
RPA designations run with the land. They are recorded against the property and transfer automatically from seller to buyer. If a previous owner built a structure, cleared vegetation, or graded land within an RPA without obtaining the required exception from the local Chesapeake Bay Preservation Area Board, the violation transfers to the new owner along with the obligation to remediate it.
The remediation process can be costly. It typically requires the development and approval of a restoration plan, the replanting of native vegetation, and compliance monitoring — all at the property owner’s expense. In some cases, penalties may also apply.
A thorough pre-purchase review should confirm whether the property lies within an RPA, whether any existing improvements comply with the applicable restrictions, and whether any variances or exceptions were properly obtained and documented.
Climate Resilience Amendments
In 2020 and 2021, the Virginia General Assembly and the State Water Control Board amended the Chesapeake Bay Preservation Act regulations to require that development within RPAs include an assessment of potential impacts from sea-level rise, storm surge, and flooding. These amendments add an additional layer of review for waterfront properties, particularly in a market like Virginia Beach where coastal flooding and sea-level rise are ongoing concerns.
Flood Zones, Insurance, and Disclosure
Virginia Beach is one of the most flood-prone communities on the Atlantic Coast. The city participates in the National Flood Insurance Program (NFIP), and a significant number of waterfront properties are located within FEMA-designated Special Flood Hazard Areas (SFHAs).
What Buyers Need to Know About Flood Zones
Properties located within an SFHA — typically designated as AE or VE zones on FEMA’s Flood Insurance Rate Maps — are subject to mandatory flood insurance requirements if the purchase is financed through a federally regulated lender. VE zones, which are subject to wave action in addition to flooding, carry the most restrictive building requirements and the highest insurance premiums.
Standard homeowners insurance does not cover flood damage. A separate flood insurance policy is required, and the cost can vary significantly depending on the property’s elevation relative to the Base Flood Elevation (BFE), the flood zone designation, and the construction characteristics of the structure.
Buyers should obtain an Elevation Certificate for the property before closing. This document, prepared by a licensed surveyor, compares the elevation of the structure’s lowest floor to the BFE and is used to determine flood insurance premiums. A property that sits even a few inches above or below the BFE can see a substantial difference in annual insurance costs.
Development Restrictions in Flood Hazard Areas
The City of Virginia Beach requires a permit for all construction and development within SFHAs. New construction must meet specific elevation and floodproofing requirements, and the use of fill in certain southern portions of the city is subject to additional restrictions. These requirements apply not only to new construction but also to substantial improvements and repairs to existing structures.
Structuring Ownership for Waterfront Property
Waterfront properties in Virginia Beach often represent significant financial investments, and many buyers choose to hold them through legal entities — LLCs, trusts, or other structures — for asset protection, estate planning, or investment purposes. While this is sound practice, the unique characteristics of waterfront property introduce considerations that do not arise with inland holdings.
Entity Purchases and the FinCEN Reporting Rule
As of March 1, 2026, any non-financed transfer of residential real estate to a legal entity or trust is subject to federal reporting under FinCEN’s Residential Real Estate Rule. Waterfront properties purchased through LLCs — particularly all-cash acquisitions by investors — fall squarely within the scope of this requirement. Buyers should ensure that beneficial ownership information is assembled well in advance of closing and that the designated reporting person is prepared to file the required Real Estate Report. For a detailed overview of this rule, see our article on the FinCEN Residential Real Estate Reporting Rule.
Estate Planning for Waterfront Property
Waterfront homes are frequently a family’s most valuable asset, and transferring them to the next generation requires careful planning. Riparian rights, VMRC permits, RPA designations, and flood zone restrictions all attach to the property and must be accounted for in any estate plan.
If the property is held in a trust, the terms of the trust should address whether riparian rights transfer with the property or are to be treated separately. The trust should also account for the ongoing maintenance obligations associated with waterfront ownership — including bulkhead upkeep, VMRC permit renewals, and compliance with Chesapeake Bay Preservation Act requirements.
Transferring a waterfront home into a revocable living trust established by the property owner generally does not trigger FinCEN reporting, provided no consideration changes hands and the grantor is the same individual. However, more complex arrangements — such as transferring property into an irrevocable trust or a trust for the benefit of the next generation — may trigger reporting and should be reviewed by an attorney.
Asset Protection Considerations
Waterfront properties carry inherent liability exposures that inland properties typically do not. Dock injuries, boating accidents originating from your shoreline, bulkhead failures affecting neighboring properties, and environmental contamination from eroding septic systems or fuel storage can all give rise to claims. Holding waterfront property in a properly structured LLC can provide an additional layer of protection by separating the property from the owner’s personal assets.
Practical Steps Before Purchasing Waterfront Property in Virginia Beach
The legal complexity of waterfront property requires a more thorough due diligence process than a typical residential transaction. The following steps should be completed before closing:
Obtain a current waterfront survey. Do not rely on older surveys. Engage a licensed surveyor experienced in waterfront properties to establish the current mean low water mark and confirm the property boundaries as they exist today.
Conduct a title search that specifically addresses riparian rights. Verify that riparian rights have not been severed from the property in any prior conveyance. Review the full chain of title for any grants, reservations, or transfers of water access rights.
Verify VMRC permits for all waterfront structures. Confirm that every dock, pier, bulkhead, boathouse, and seawall on the property has a valid, documented permit from the Virginia Marine Resources Commission. Request copies of the permits and review their conditions and expiration dates.
Determine whether the property is within a Resource Protection Area. Review the locality’s Chesapeake Bay Preservation Area maps and confirm whether any existing improvements encroach into the 100-foot RPA buffer. If they do, verify that the appropriate exceptions were obtained.
Review the property’s flood zone designation. Obtain the current FEMA Flood Insurance Rate Map panel for the property, determine the applicable flood zone, and request an Elevation Certificate. Factor the cost of flood insurance into your purchase decision.
Consult an attorney before signing a contract. The purchase contract for a waterfront property should include contingencies that allow sufficient time for these investigations. An attorney experienced in waterfront real estate can help you identify the appropriate contingencies and negotiate terms that protect your interests.
Frequently Asked Questions
Do I own the land under the water next to my waterfront property?
No. Under Virginia Code § 28.2-1200, the submerged bottomland beneath tidal waters is owned by the Commonwealth of Virginia and held in public trust. Your property boundary extends only to the mean low water mark as defined by Virginia Code § 28.2-1202. You may exercise certain riparian rights within your riparian area, but you do not own the underlying land.
Can riparian rights be sold separately from the property?
Yes. Under Virginia law, riparian rights can be severed from the upland property and transferred independently. This means it is possible to purchase a waterfront home and not receive the associated rights to build a dock or access the water. A thorough title search is essential to confirm that riparian rights are included in the conveyance.
Is the dock on the property I am buying legally permitted?
Not necessarily. The existence of a dock, pier, or other waterfront structure does not guarantee that it was built with the required permits from the Virginia Marine Resources Commission. Unpermitted structures may be subject to removal or civil penalties. Permit verification should be a standard part of due diligence for any waterfront purchase.
What is a Resource Protection Area, and how does it affect my property?
A Resource Protection Area (RPA) is an environmentally sensitive zone designated under the Chesapeake Bay Preservation Act. RPAs include tidal wetlands, tidal shores, and a mandatory 100-foot vegetated buffer. Development within an RPA is severely restricted, and violations committed by a previous owner transfer to the new buyer. If your property includes an RPA, any proposed construction or land disturbance will require review and may require an exception from the local Chesapeake Bay Preservation Area Board.
Do I need flood insurance for a waterfront property in Virginia Beach?
If your property is located within a FEMA-designated Special Flood Hazard Area and you have a federally backed mortgage, flood insurance is mandatory. Even if it is not required, it is strongly advisable. Standard homeowners insurance does not cover flood damage, and Virginia Beach’s coastal location makes it particularly susceptible to both tidal and storm-related flooding.
How does owning waterfront property through an LLC affect the purchase?
Purchasing through an LLC provides asset protection benefits but also triggers additional requirements. Under the FinCEN Residential Real Estate Rule effective March 1, 2026, non-financed transfers to legal entities require federal reporting with beneficial ownership disclosure. The LLC must also be properly formed and maintained under Virginia law, with annual registration fees paid to the SCC to remain in good standing.
What should I look for in a title search for waterfront property?
A waterfront title search should go beyond the standard examination. In addition to verifying clear title, it should specifically confirm that riparian rights have not been severed, that VMRC permits exist for all waterfront structures, that any RPA designations are documented, and that there are no unrecorded environmental liens or public access easements affecting the shoreline.
Can I build on or modify the shoreline of my waterfront property?
Any construction, modification, or encroachment on the shoreline or over submerged lands requires permits from the VMRC and potentially from the U.S. Army Corps of Engineers. If the property is within a Resource Protection Area, additional local approvals are required. Building within a FEMA-designated flood zone also requires compliance with local floodplain management ordinances. Consider the possible impact of neighboring water rights on the value of the property you are considering., e.g., how might your view of the water change if the neighbor installs a dock with a high boat lift? Also, if the property is vacant or you are considering adding onto the property, be aware of construction limitations such limits on “impervious” construction, size and materials which are permitted to for driveways and patios, and other environmental limitations. Consult an attorney before undertaking any shoreline construction.
How Pittman & Associates Can Help
Purchasing waterfront property in Virginia Beach is one of the most rewarding investments you can make — but it is also one of the most legally complex. From confirming riparian rights and verifying VMRC permits to navigating Chesapeake Bay Preservation Act restrictions and structuring ownership through an LLC or trust, the due diligence process for coastal property demands experienced legal guidance.
At Pittman & Associates, we serve Virginia Beach and Eastern Virginia with comprehensive legal services in real estate law, business law, and estate planning. Whether you are purchasing your first waterfront home, acquiring an investment property through an LLC, or planning to transfer a coastal property to the next generation, our team can help you navigate the regulatory landscape and protect your interests at every stage.
If you are considering a waterfront property purchase or have questions about your rights as a current waterfront owner, contact our office to schedule a consultation.
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Virginia waterfront property law involves federal, state, and local regulations that may vary based on the specific characteristics of the property and its location. Readers should consult with a qualified attorney regarding their specific circumstances.