dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 11 (HIGHWAY CONSTRUCTION CONTRACTS AND SUITS; HIGHWAY CONTRACTORS' ASSOCIATION)
§ 33.2-1107. Statements to be furnished.
Every highway contractors' association domiciled in the Commonwealth shall, upon request from the Secretary of the Commonwealth, within 30 days of such request, but no more often than once a calendar year, furnish in writing to the Secretary of the Commonwealth the following information:

1. The names and post office addresses of all of its members. When any member is a firm, the names and addresses of the members of the firm shall be furnished. When any member is a corporation, the names of the officers of the corporation shall be furnished.

2. The names and post office addresses of the officers of the highway contractors' association and the duties and salaries of the officers.

3. The property and income of the highway contractors' association and by whom the same is paid.

4. An itemized statement of the expenditures of such association.

5. A copy of the charter and bylaws, if incorporated, and a copy of the constitution and bylaws, if unincorporated, of such association.

Such statements shall become public records.

Code 1950, § 33-272; 1970, c. 322, § 33.1-338; 1977, c. 206; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 11 (HIGHWAY CONSTRUCTION CONTRACTS AND SUITS; HIGHWAY CONTRACTORS' ASSOCIATION)
§ 33.2-1108. Papers, accounts, and records open to examination by certain officers.
All papers, accounts, and records of every nature of every highway contractors' association, a member of which submits a bid for any construction, maintenance, or repair of any public highway or bridge or for the supplying of labor, material, or supplies for any such construction, repair, or maintenance, whether such highway association is domiciled in Virginia or is a foreign highway contractors' association doing business in Virginia, shall be at all times during business hours open to examination and inspection by the Governor, the Attorney General, the Comptroller, the Auditor of Public Accounts, the Board and any member thereof, and the duly authorized agent or representative of any of such officers or of the Board.

Code 1950, § 33-273; 1970, c. 322, § 33.1-339; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 11 (HIGHWAY CONSTRUCTION CONTRACTS AND SUITS; HIGHWAY CONTRACTORS' ASSOCIATION)
§ 33.2-1109. Effect of refusal to permit or withholding from examination of papers, etc.
If any highway contractors' association, whether domiciled in Virginia or not, on application of any person authorized by this article to examine and inspect its records, refuses to permit such examination and inspection of its papers, accounts, and records, or fails to produce at its principal office for examination and inspection any of its papers, accounts, or records when requested so to do, or knowingly withholds from examination and inspection any of its papers, accounts, and records, for the purpose of secreting any of its acts or activities or the amount or sources of or the use made of its revenue, the person requesting or making such examination and inspection shall report the fact to the Governor, who shall certify the fact to the Commissioner of Highways.

No contract for highway or highway bridge construction, repair, or maintenance or for the supplying of any labor, materials, or supplies for such construction, repair, or maintenance shall be thereafter let to any member of such association until the Governor has certified to the Board that a full examination and inspection of the papers, accounts, and records of such association has been made with the free consent and cooperation of such association and that such examination and inspection discloses nothing in the purposes, methods, or activities of such association detrimental to the public interest or tending to prevent competition in or increase the cost of highway and highway bridge construction, repair, or maintenance in the Commonwealth and that none of its revenue has been used for political purposes.

Code 1950, § 33-274; 1970, c. 322, § 33.1-340; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 11 (HIGHWAY CONSTRUCTION CONTRACTS AND SUITS; HIGHWAY CONTRACTORS' ASSOCIATION)
§ 33.2-1110. Effect of using certain methods or engaging in certain activities.
If upon any such inspection or examination as is provided for in this article it is found that any highway contractors' association of which any individual, partnership, or corporation holding a contract for the construction, maintenance, or repair of any public highway or bridge or for supplying any labor, materials, or supplies for any such construction, repair, or maintenance is a member has made use of methods or engaged in activities tending to prevent competition in the bidding on such contract or to increase the cost of such contract to the Commonwealth or county or has brought to bear or endeavored to bring to bear political influence to secure for such member such contract, then the Board may, at its option, cancel and annul such contract, paying thereon for the work done or labor, material, and supplies furnished only the reasonable value of the work done or labor, material, and supplies furnished.

Code 1950, § 33-275; 1970, c. 322, § 33.1-341; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 11 (HIGHWAY CONSTRUCTION CONTRACTS AND SUITS; HIGHWAY CONTRACTORS' ASSOCIATION)
§ 33.2-1111. Certificate to be filed with bid for highway or bridge construction, etc.
Every individual, partnership, or corporation bidding upon any proposed contract for the construction, repair, or maintenance of any part of any public highway or bridge and for supplying any labor, material, or supplies to be used in any such construction, repair, or maintenance shall file with such bid a sworn statement giving the name and location of the principal office of every highway contractors' association of which it is or has been a member during the preceding 12 months. No bid not accompanied by such certificate shall be considered by the Board or the Commissioner of Highways in letting any contract bid upon, nor shall any such contract be let by the Board or the Commissioner of Highways to any bidder failing to file the certificate required by this section.

Code 1950, § 33-276; 1970, c. 322, § 33.1-342; 2013, cc. 585, 646; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 11 (HIGHWAY CONSTRUCTION CONTRACTS AND SUITS; HIGHWAY CONTRACTORS' ASSOCIATION)
§ 33.2-1112. Affidavit to be filed with bid upon work.
Every member of any highway contractors' association who bids upon any work let by the Board or the Commissioner of Highways shall file with his bid an affidavit in substance as follows: that the bidder neither directly nor indirectly has entered into any combination or arrangement with any person, firm, or corporation or entered into any agreement the effect of which is to prevent competition or increase the cost of construction or maintenance of highways or bridges.

The Board or the Commissioner or Highways shall prescribe the form of this affidavit and no bid shall be accepted unless accompanied by such affidavit.

Code 1950, § 33-277; 1970, c. 322, § 33.1-343; 2013, cc. 585, 646; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1201. Enforcement of provisions by Commissioner of Highways.
The Commissioner of Highways shall administer and enforce the provisions of this article. He may assign to division engineers and other employees in the Department such duties other than discretionary powers as he may deem appropriate.

Code 1950, § 33-299; 1970, c. 322, § 33.1-352; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1202. Territory to which article applies.
The territory under the jurisdiction of the Commissioner of Highways for the purposes of this article shall include all of the Commonwealth, exclusive of that portion thereof that lies within the corporate limits of municipalities, except the jurisdiction of the Commissioner of Highways shall apply to all the territory within municipalities on which signs, advertisements, or advertising structures are visible from the main traveled way of any Interstate System highway, federal-aid primary highway as that system existed on June 1, 1991, or National Highway System highway.

Code 1950, § 33-300; 1970, c. 322, § 33.1-353; 1993, c. 538; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1203. Entry upon lands; hindering Commissioner of Highways or agent.
The Commissioner of Highways and all employees under his direction may enter upon such lands as may be necessary in the performance of their functions and duties as prescribed by this article. Any person who hinders or obstructs the Commissioner of Highways or any assistant or agent of the Commissioner of Highways in carrying out such functions and duties is guilty of a Class 1 misdemeanor.

Code 1950, § 33-301; 1970, c. 322, § 33.1-354; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1205. Repealed.
Repealed by Acts 2025, c. 167, cl. 2, effective July 1, 2025

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1206. Repealed.
Repealed by Acts 2025, c. 167, cl. 2, effective July 1, 2025

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1207. Repealed.
Repealed by Acts 2025, c. 167, cl. 2, effective July 1, 2025

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1208. Permits required.
Except as otherwise provided in this article, no person, whether engaged in the business of outdoor advertising or not, shall erect, use, maintain, post, or display any advertisement or advertising structure outside municipalities in the Commonwealth without first obtaining a permit therefor from the Commissioner of Highways and paying the annual fee therefor, as provided in this article. A permit is required for an off-premises sign, advertisement, or advertising structure authorized by § 33.2-1217 if it is located within a municipality and is visible from the main traveled way of any Interstate System, federal-aid primary, or National Highway System highway.

No bond or permit is required for the posting or display of any advertisement posted or displayed on any advertising structure or space for which a permit has been issued or renewed for the then-current calendar year under the provisions of this article unless such permit has been revoked.

Code 1950, § 33-307; 1970, c. 322, § 33.1-360; 1993, c. 538; 2012, c. 145; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1209. Applications for permits; fees.
A. A separate application for a permit shall be made for each separate advertisement or advertising structure, on a form furnished by the Commissioner of Highways, which application shall be signed by the applicant or his representative duly authorized in writing to act for him and shall describe and set forth the size, shape, and nature of the advertisement or advertising structure it is proposed to post, display, erect, or maintain and its actual or proposed location with sufficient accuracy to enable the Commissioner of Highways to identify such advertisement or advertising structure and to find its actual or proposed location.

B. Each application shall be accompanied by an application fee in an amount determined on the basis of the area of the advertisement or advertising structure for which the permit is sought, according to the following schedule:

1. $15 if such area does not exceed 74 square feet;

2. $30 if such area exceeds 74 square feet but does not exceed 1,824 square feet; and

3. $165 if such area exceeds 1,824 square feet.

In the computation of fees under this subsection, each side of the advertisement or advertising structure used or constructed to be used shall be separately considered. If the applicant elects to use an electronic application, the fee shall be reduced by $5 per application.

The fee shall be retained by the Commissioner of Highways if the permit is issued. If the permit is refused, the Commissioner of Highways shall refund one-half of the application fee to the applicant.

C. In addition to the fees required by subsection B, on any original application for an advertisement or advertising structure there shall be imposed an inspection charge of $50 for any advertisement or advertising structure to be located on an Interstate System, federal-aid primary, or National Highway System highway and $25 for any advertisement or advertising structure to be located on any other highway.

D. Each application shall be accompanied by the written consent, or in lieu thereof a copy certified by an officer authorized to take acknowledgments to deeds in the Commonwealth, of the owner of the real property upon which such advertisement or advertising structure is to be erected, used, maintained, posted, or displayed, or of such other person having the legal right to grant such consent, or of the duly authorized agent of such owner or other person, except that in the marsh or meadowland owned by the Commonwealth along either side of the causeway leading from the mainland to the Town of Chincoteague, the legal right to grant such consent shall be vested in the local governing body of such town.

E. Application shall be made in like manner for a permit to use, maintain, or display an existing advertisement or advertising structure.

Code 1950, § 33-308; 1954, c. 588; 1959, Ex. Sess., c. 20; 1964, c. 619; 1968, c. 519; 1970, c. 322, § 33.1-361; 1979, c. 216; 1993, c. 538; 2012, c. 145; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1210. Duration and renewal of permit.
Except as provided in § 33.2-1212, permits issued in accordance with this article shall run for the calendar year and may be renewed upon application made upon forms furnished by the Commissioner of Highways and the payment of the same fee required to be paid upon application for a permit. Fees for renewal of permits using the Department's electronic application renewal process shall be reduced by $5 per permit being renewed. Permits shall not be extended or renewed in cases where the permittee has not exercised the privilege of erecting such advertising structure or displayed such advertisement during the period for which the permit was issued. Annual permits issued after December 15 shall cover the following calendar year.

Code 1950, § 33-309; 1954, c. 588; 1970, c. 322, § 33.1-362; 2012, c. 145; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1211. Revocation of permit.
The Commissioner of Highways may, after 30 days' notice in writing to the permittee, revoke any permit issued by him under § 33.2-1208 upon repayment of a proportionate part of the fee in any case in which it appears to the Commissioner of Highways that the application for the permit contains knowingly false or misleading information, that the permittee has failed to keep in a good general condition and in a reasonable state of repair the advertisement or advertising structure for which such permit was issued, or that the permittee has violated any of the provisions of this article, unless such permittee, before the expiration of such 30 days, corrects such false or misleading information or makes the necessary repairs or improvement in the general condition of such advertisement or advertising structure or complies with the provisions of this article. If the erection, maintenance, and display of any advertisement or advertising structure for which a permit is issued by the Commissioner of Highways and the permit fee has been paid as above provided is prevented by any zoning board, commission, or other public agency that also has jurisdiction over the proposed advertisement or advertising structure or its site, the application fee for such advertisement or advertising structure shall be returned by the Commissioner of Highways and the permit revoked. However, one-half of the application fee shall be deemed to have accrued upon the erection of an advertising structure or the display of an advertisement followed by an inspection by the Commissioner of Highways or his representative.

Code 1950, § 33-311; 1970, c. 322, § 33.1-364; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1212. Temporary permit.
In any case in which an applicant for a permit certifies in his application that he is unable to state the actual or proposed location of the advertisement or advertising structure or to file the written consent of the landowner or other person having the legal right to the real estate upon which the advertisement or advertising structure is to be erected, used, maintained, posted, or displayed, the Commissioner of Highways shall issue to such applicant a temporary permit, which shall expire 60 days from the date of issue, together with the proper identification number to be attached to such advertisement or advertising structure. Applications for temporary permits must indicate the county and route on which the advertisement or advertising structure is to be located and must be accompanied by a fee of $2 to cover the cost of issuance of the temporary permit. If within such 60 days the applicant files with the Commissioner of Highways an application setting forth all of the information required in § 33.2-1209, together with the required fees, the Commissioner of Highways shall issue to such applicant a permit. In the event that the permit is not issued, the fees submitted shall be returned, except the $2 for the temporary permit.

Code 1950, § 33-312; 1954, c. 588; 1970, c. 322, § 33.1-365; 1979, c. 216; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1213. Appeal from refusal or revocation of permit.
Any person aggrieved by any action of the Commissioner of Highways in refusing to grant or in revoking a permit under § 33.2-1209 or 33.2-1211 may appeal from the decision of the Commissioner of Highways in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).

Code 1950, § 33-313; 1970, c. 322, § 33.1-366; 1986, c. 615; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1214. Transfer of permits to successor concerns.
Any permit issued pursuant to this article may be transferred to any person that acquires as a successor the business of the person for whom such permit was issued.

Code 1950, § 33-314; 1954, c. 588; 1970, c. 322, § 33.1-367; 2014, c. 805; 2025, c. 167.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1215. Identification of advertising structure or advertisement.
The Commissioner of Highways shall require that each advertising structure and each advertisement not posted or displayed on an advertising structure bear an identification number furnished by the Commissioner of Highways and, if erected, maintained, or displayed by a permitted outdoor advertiser, also bear its name. The Commissioner of Highways shall make suitable provisions for the details thereof.

Code 1950, § 33-316; 1970, c. 322, § 33.1-368; 2014, c. 805; 2025, c. 167.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1218. Removal of billboard signs under this chapter prohibited without just compensation.
Notwithstanding any other provision of law, no billboard sign subject to this chapter may be removed by action of a county, city, or town under Chapter 22 (§ 15.2-2200 et seq.) of Title 15.2 without the payment of just compensation by the county, city, or town unless the billboard sign cannot remain on the property due to the site constraints of the property and removal of the billboard sign is therefore necessary for development on the property. The property owner may terminate the leasehold or other right of the billboard sign to remain on the property in accordance with the terms and conditions of the contract between the property owner and the billboard sign owner, but may not be required to do so by the county, city, or town as a condition of obtaining development approval for the property unless removal of the billboard sign is necessary for development of the property or the billboard sign is nonconforming and is the principal use on the property and the zoning ordinance permits only one principal use on the property.

2003, c. 569, § 33.1-370.1; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1219. Maintenance and repair of nonconforming billboard signs.
Notwithstanding any other provision of law, maintenance of and repairs to nonconforming billboard signs shall be governed by this section and any applicable regulations promulgated by the Commissioner of Highways, known as the "Control and Continuance of Nonconforming Signs, Advertisements, and Advertising Structures." Nonconforming billboard signs shall be maintained in a good state of repair and shall be subject to removal for failure to do so, in accordance with §§ 33.2-1211 and 33.2-1229. In order to make repairs to a nonconforming billboard sign, the owner shall make a written request to the Commissioner of Highways and submit the documentation required by 24VAC30-120-170. The Commissioner of Highways shall review the written request, and if the Commissioner of Highways determines that the cost of requested repairs does not exceed a dollar amount greater than 50 percent of the current replacement cost of the entire billboard sign or structure, the Commissioner of Highways shall provide the owner of the billboard sign with a letter approving the billboard sign repairs. However, in no case shall a nonconforming billboard sign be replaced or rebuilt if the cost of the replacement or rebuilding exceeds 50 percent of the current replacement cost. The owner of the billboard sign shall apply for a building permit from the locality in which the billboard sign is located and provide a copy of the approval letter from the Commissioner of Highways as part of the application for the building permit. The Commissioner's determination as to whether the owner of the billboard sign has complied with this section shall be binding upon the locality unless the building official, for good cause shown, submits to the Commissioner of Highways documentation objecting to the Commissioner's determination within 30 days of the building permit application, with a copy of such documentation being provided to the billboard sign owner. The Commissioner of Highways shall consider any documentation submitted by the building official and shall reissue a determination in accordance with this section, which determination shall be binding upon the locality.

2004, c. 656, § 33.1-370.2; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1220. Regulations and agreements with United States implementing § 33.2-1217.
The Board may issue regulations and is authorized to enter into agreements with the United States as provided in 23 U.S.C. § 131 with respect to the regulation and control of signs, advertisements, and advertising structures in conformity with § 33.2-1217, provided that such agreements shall not prevent the General Assembly of Virginia from amending or repealing § 33.2-1217 at any time, and provided further that in the event the federal law is amended to lessen the special restrictions applicable to signs, advertisements, and advertising structures adjacent to Interstate System or federal-aid primary highways, the Board is authorized to adopt regulations to conform to such change in federal law and to amend any agreement with the United States relating to such control.

Code 1950, § 33-317.2; 1960, c. 406; 1970, c. 322, § 33.1-371; 1976, c. 14; 1984, c. 745; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1222. Tree-trimming policies.
The Board shall adopt policies governing the pruning and trimming of trees during nonemergency conditions by the employees, agents, and contractors of the Department of Transportation in order to preserve roadside trees that do not adversely affect highway operations, maintenance, or safety. Such policies shall be developed in consultation with an advisory group whose members shall include representatives of the Department of Transportation, the Department of Forestry, Scenic Virginia, and the American Society of Consulting Arborists and shall be consistent with generally accepted standards recommended by nationally recognized organizations, including the American National Standards Institute.

2001, c. 169, § 33.1-371.2; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1223. Pasting advertisements prohibited in certain instances.
No advertisement shall be pasted or glued on any building, fence, wall, tree, rock, or other similar structure or object unless the same structure or object is an advertising structure for which a permit has been issued and is in effect.

Code 1950, § 33-318; 1970, c. 322, § 33.1-372; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1224. Signs or advertising on rocks, poles, etc., within limits of highway; civil penalty.
Any person who in any manner (i) paints, prints, places, puts, or affixes any sign or advertisement upon or to any rock, stone, tree, fence, stump, pole, mile-board, milestone, danger-sign, guide-sign, guidepost, highway sign, historical marker, building, or other object lawfully within the limits of any highway or (ii) erects, paints, prints, places, puts, or affixes any sign or advertisement within the limits of any highway is subject to a civil penalty of $100. Each occurrence shall be subject to a separate penalty. All civil penalties collected under this section shall be paid into the Highway Maintenance and Operating Fund. Signs or advertisements placed within the limits of the highway are hereby declared a public and private nuisance and may be forthwith removed, obliterated, or abated by the Commissioner of Highways or his representatives without notice. The Commissioner of Highways may collect the cost of such removal, obliteration, or abatement from the person erecting, painting, printing, placing, putting, affixing, or using such sign or advertisement. When no one is observed erecting, painting, printing, placing, putting, or affixing such sign or advertisement, the person, firm, or corporation being advertised shall be presumed to have placed the sign or advertisement and shall be punished accordingly. Such presumption, however, shall be rebuttable by competent evidence. In addition, the Commissioner of Highways or his representative may seek to enjoin any recurring violator of this section. The Commissioner of Highways may enter into agreements with any local governing body authorizing local law-enforcement agencies or other local governmental entities to act as agents of the Commissioner of Highways for the purpose of (i) enforcing the provisions of this section and (ii) collecting the penalties and costs provided for in this section. Any such agreement may provide that penalties and costs collected pursuant to such agreement shall be paid as agreed.

The provisions of this section shall not apply to signs or outdoor advertising regulated under other provisions of this chapter.

Code 1950, § 33-319; 1970, c. 322, § 33.1-373; 1993, c. 538; 1994, c. 696; 2012, c. 739; 2013, c. 457; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1225. Commissioner of Highways may enter into certain agreements; civil penalties.
A. The Commissioner of Highways may enter into agreements with the local governing body of Fairfax County authorizing local law-enforcement agencies, other local governmental entities, or contractors to act as agents of the Commissioner of Highways for the purpose of (i) enforcing the provisions of § 33.2-1224 and (ii) collecting the civil penalties and costs provided for in that section. However, the local governing body of Fairfax County shall not enter into any such agreement until it has held a public hearing thereon.

B. Notwithstanding the provisions of § 33.2-1224, the penalties and costs collected under this section shall be paid to Fairfax County.

C. Notwithstanding subsections A and B, signs and advertising promoting or providing directions to a special event erected from Saturday through the following Monday shall not be subject to an agreement provided for in subsection A.

D. If Fairfax County acts as an agent of the Commissioner of Highways under this section, then it shall require each of its employees or contractors and any volunteers who are authorized to act on behalf of the County to comply with the provisions of this section and any other applicable law. If a lawfully placed sign is confiscated by an employee, contractor, or volunteer authorized to act for the County in violation of the authority granted under this section, the sign owner shall have the right to reclaim the sign within five business days of the date of such confiscation.

1998, c. 835, § 33.1-375.1; 1999, c. 195; 2003, c. 311; 2010, cc. 497, 777, 832; 2012, c. 739; 2014, c. 805; 2023, c. 403.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1226. Harmony of regulations.
No zoning board or commission or any other public officer or agency shall permit any sign, advertisement, or advertising structure that is prohibited under the provisions of this article, nor shall the Commissioner of Highways permit any sign, advertisement, or advertising structure that is prohibited by any other public board, officer, or agency in the lawful exercise of its powers.

Code 1950, § 33-320; 1970, c. 322, § 33.1-374; 1976, c. 14; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1227. Violation a nuisance; abatement.
Any sign, advertisement, or advertising structure that is erected, used, maintained, operated, posted, or displayed for which no permit has been obtained where such is required, or after revocation or more than 30 days after expiration of a permit, is hereby declared to be a public and private nuisance and may be forthwith removed, obliterated, or abated by the Commissioner of Highways. The Commissioner of Highways may collect the cost of such removal, obliteration, or abatement from the person erecting, using, maintaining, operating, posting, or displaying such sign, advertisement, or advertising structure.

Code 1950, § 33-321; 1954, c. 588; 1960, c. 406; 1970, c. 322, § 33.1-375; 1976, c. 14; 2012, cc. 760, 818; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1228. Disposition of fees.
All moneys received by the Commissioner of Highways under the provisions of this article shall be paid by him into the state treasury, except as provided in §§ 33.2-1224 and 33.2-1229, and allocated to the Board for use in the regulation and control of outdoor advertising and landscaping of highways.

Code 1950, § 33-322; 1964, c. 619; 1970, c. 322, § 33.1-376; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1229. Penalties for violation.
A. Notwithstanding any other provision of law, any person, firm, or corporation that violates any provision of this article or applicable regulations that fails to take corrective action within 30 days as specified in a written notice from the Commissioner of Highways shall be subject to any or all of the following penalties:

1. A civil penalty of not more than $250 per violation. Each day during which the violation continues after a final determination by the Commissioner of Highways of such violation shall be deemed a separate violation;

2. Revocation by the Commissioner of Highways of any permit for the sign; or

3. Removal of the sign by the Commissioner of Highways. The Commissioner of Highways may collect the costs of the removal from the owner of the sign.

B. Any person aggrieved by the action of the Commissioner of Highways in enforcing the provisions of subsection A may appeal the decision of the Commissioner of Highways in accordance with the Administrative Process Act (§ 2.2-4000 et seq.).

C. The Commissioner of Highways may remove signs without giving a corrective action notice as provided in subsection A (i) for any violation of subdivision 3, 6, 7, 8, 9, or 10 of § 33.2-1216 or of § 33.2-1223 or (ii) if the Commissioner of Highways determines that the sign poses a risk to highway safety.

D. The Commissioner of Highways may recover all civil penalties authorized in subsection A in any manner permitted by law, including (i) the placement of a tax lien on the owner's real property upon which the sign is located and (ii) the use of the Setoff Debt Collection Act (§ 58.1-520 et seq.).

E. All civil penalties collected under this section shall be paid into the Highway Maintenance and Operating Fund established pursuant to § 33.2-1530.

2012, cc. 760, 818, § 33.1-377.1; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1230. Adjustment or relocation of certain billboard signs.
A. Notwithstanding any other provision of law, general or special, whenever land is acquired due to the widening, construction, or reconstruction of any highway by purchase or by use of the power of eminent domain by any condemnor and upon such land is situated a lawfully erected billboard sign or whenever a lawfully erected billboard sign is situated adjacent to such a highway and is affected by the construction of a sound wall, such billboard sign may be relocated as provided in this section.

B. If a billboard sign meets all requirements under the provision of this title, the size, lighting, and spacing requirements of a locality that is certified in accordance with 23 C.F.R. § 750.706 and the federal-state agreement, if applicable, and § 4.1-113.1 in the case of outdoor alcoholic beverage advertising, but is considered nonconforming solely due to a local ordinance, the owner of the billboard sign, at his sole cost and expense, shall have the option to relocate such billboard sign to another location as close as practicable on the same property, adjusting the height or angle of the billboard sign to a height or angle that restores the visibility of the billboard sign to the same or comparable visibility as before the taking or before construction of the sound wall, provided the new location also meets all the requirements of this title and regulations adopted pursuant thereto. The owner of the billboard sign shall apply for a building permit from the locality in which the billboard sign is located. The billboard sign may remain in its original location, provided the owner of the billboard sign pays monthly rent to the Commissioner of Highways or other condemnor equivalent to the monthly rent received by the property owner for the billboard prior to acquisition, and until such time as the Commissioner or other condemnor gives notice to the owner of such billboard sign that the billboard sign must be removed. The notice of removal shall be provided at least 45 days prior to the required removal date, which shall be the earlier of the certification date for a highway project advertisement for construction bids or the date that utility relocations are scheduled to commence. If all provisions of this section are met, the Commissioner shall provide written notice to the sign owner and the locality approving the relocation of the sign that is binding upon all parties.

C. Nothing in this section shall authorize the owner of such billboard sign to increase the size of the sign face or make changes to the sign or sign structure beyond adjustments to height or angle as specified in subsection B. A relocated billboard sign shall continue to be nonconforming in its new location unless the relocated billboard sign becomes conforming in its new location under the local ordinance.

2013, cc. 603, 611, § 33.1-95.2; 2014, cc. 298, 805, 811; 2015, c. 256; 2020, c. 983.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1231. Construction of article.
This article shall be liberally construed with a view to the effective accomplishment of its purposes.

2013, cc. 603, 611, § 33.1-378; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1232. Prohibition of false and misleading signs.
It shall be unlawful for any person to erect or maintain alongside, or in plain view of, any public highway any false or misleading sign of any kind or character purporting to furnish travel information relating to place or direction. It shall be unlawful for any person to erect or maintain alongside, or in plain view of, any public highway any sign of any kind or character purporting to furnish travel information relating to merchandise or services unless the design of such sign, the information thereon, and the location thereof are approved in writing by the Commissioner of Highways, provided that the provisions of this section as to merchandise and service shall not:

1. Apply to or restrict the right of any person to post, display, erect, or maintain on any store, dwelling house, or other building, together with so much land therewith as shall be necessary for the convenience, use, and enjoyment thereof, or on any mercantile appliances, contrivances, or machinery annexed or immediately adjacent thereto, any sign advertising goods, merchandise, real or personal property, business services, entertainment, or amusements actually and in good faith manufactured, produced, bought, sold, conducted, furnished, or dealt in on the premises;

2. Limit or restrict the publication of official notices by or under the direction of any public or court officer in the performance of his official or directed duties;

3. Limit or restrict notice of sale by a trustee under a deed of trust, deed of assignment, or other similar instrument; or

4. Apply to or restrict the right of any property owner or his agent, lessee, or tenant to maintain any sign offering to the public farm products, including livestock of every kind, or board or lodging or similar entertainment, or the sale, rental, or lease of the property.

Nothing in this section shall limit the right of any person, firm, or corporation to erect signs that advertise natural scenic attractions in the Commonwealth.

Code 1950, § 33-324; 1970, c. 322, § 33.1-379; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1233. Penalty for violation of § 33.2-1232.
Any person who violates any of the provisions of § 33.2-1232 shall be subject to a fine not to exceed $10 for each offense, and it shall be deemed a separate offense for the same person to erect, or permit to be erected, a similar sign at each of two or more places.

Code 1950, § 33-325; 1970, c. 322, § 33.1-380; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 12 (OUTDOOR ADVERTISING IN SIGHT OF PUBLIC HIGHWAYS)
§ 33.2-1234. Removal of false or misleading signs by Commissioner of Highways.
Whenever the Commissioner of Highways determines that a sign gives incorrect information in violation of this article, he shall notify the person who erected such sign and the person on whose property it is located, in writing, to remove it immediately, and if it is not removed within 10 days after receipt of such notice, the Commissioner of Highways shall remove and destroy such sign, or cause it to be removed and destroyed, without liability for damages therefor, and if any person convicted of erecting or maintaining any such sign, or of permitting the same to be erected or maintained, as provided in this article shall fail or refuse to remove such sign within 10 days after such judgment of conviction, the Commissioner of Highways shall remove and destroy such sign without liability for damages.

(Code 1950, § 33-327; 1970, c. 322, § 33.1-381; 2014, c. 805.)
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 15 (Transportation Funding)
§ 33.2-1500. Legislative findings and purposes.
The General Assembly finds that there exists in the Commonwealth a critical need for additional sources of funding to finance the present and future needs of the Commonwealth for the design and construction of highways, including toll facilities; mass transit; freight, passenger and commuter rail, including rolling stock; and port, airport, and other transportation facilities. This need can be alleviated in part through the creation of a transportation infrastructure bank. The purpose of such bank is to encourage the investment of both public and private funds and to make loans and other financial assistance available to localities, private entities, and other eligible borrowers to finance eligible transportation projects. The General Assembly determines that the creation of a transportation infrastructure bank for this purpose is in the public interest, serves a public purpose, and will promote the health, safety, welfare, convenience, or prosperity of the people of the Commonwealth.

2011, cc. 830, 868, § 33.1-23.6; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 15 (Transportation Funding)
§ 33.2-1503. Eligibility and project selection.
A. Any entity constituting an eligible borrower or other project sponsor is eligible to apply to the Board for project financing from the Bank.

B. All applicants for a loan or other financial assistance must file an application with the Board, which must include all items determined by the Board in consultation with the manager to be necessary and appropriate for the Board to determine whether or not to approve the loan, including the availability of reliable repayment sources to retire the project obligation as well as creditworthiness.

C. Each applicant for a loan or other financial assistance must demonstrate that the project is of local, regional, or statewide significance and meets the public interest identified in subsection A of § 33.2-214.1. Another criterion to be considered is whether or not the loan or other financial assistance will enable the project to be completed at an earlier date than would otherwise be feasible. The Board shall issue guidelines for scoring projects in accordance with subsection B of § 33.2-214.1 and any other criteria deemed necessary and appropriate for evaluating projects as determined by the Board in consultation with the manager and shall apply the scoring guidelines to each proposed project. Further, the Board shall promptly publish each proposed project and its score using the scoring guidelines.

D. All projects for which a loan or other financial assistance is provided must meet and remain in compliance with the policies and guidelines established by the Board and the manager.

2011, cc. 830, 868, § 33.1-23.9; 2014, c. 805; 2015, c. 684.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 15 (Transportation Funding)
§ 33.2-1504. Grants from the Commonwealth Transportation Board.
The Board may make grants of money or property to the Bank for the purpose of enabling it to carry out its corporate purposes and for the exercise of its powers. This section shall not be construed to limit any other power the Board may have to make grants to the Bank.

2011, cc. 830, 868, § 33.1-23.10; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 15 (Transportation Funding)
§ 33.2-1506. Exemption from taxation; exemption from Virginia Public Procurement Act.
A. The Bank will be performing an essential governmental function in the exercise of the powers conferred upon it by this article. Accordingly, the Bank shall not be required to pay any taxes or assessments to the Commonwealth or its localities or any political subdivision thereof upon any capital, moneys or any property or upon any operations of the Bank or the income therefrom, or any taxes or assessments upon any project or any property or project obligation acquired by the Bank under the provisions of this article or upon the income therefrom.

B. The provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to the Bank in the exercise of any power conferred under this article.

2011, cc. 830, 868, § 33.1-23.12; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 15 (Transportation Funding)
§ 33.2-1507.  Reporting requirement.
A. No loan or other financial assistance shall be awarded from the Bank until the Secretary has provided copies of the management agreement and related criteria and guidelines to the Chairmen of the House Committees on Appropriations, Finance, and Transportation and the Senate Committees on Finance and Appropriations and on Transportation.

B. Within 30 days after each six-month period ending June 30 and December 31, the manager shall provide a report to the Chairmen of the House Committees on Appropriations, Finance, and Transportation and the Senate Committees on Finance and Appropriations and on Transportation, which shall include the amounts of loans and other financial assistance provided by the Bank and the projects for which the loans and other financial assistance were provided.

2011, cc. 830, 868, § 33.1-23.13; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 15 (Transportation Funding)
§ 33.2-1508. Repealed.
Repealed by Acts 2015, c. 684, cl. 9.