reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-241. Connections over shoulders of highways for intersecting commercial establishment entrances; penalty

The Commissioner of Highways shall permit suitable connections from where commercial establishment entrances are desired to intersect improved highways and over and across the shoulders and unimproved parts of such highways to the paved or otherwise improved parts thereof that comply with the access management standards of the Commissioner of Highways for the location, spacing, and design of entrances, taking into account the operating characteristics and federal functional classification of the highway, to provide the users of such entrances safe and convenient means of ingress and egress with motor vehicles to and from the paved or otherwise improved parts of such highways while minimizing the impact of such ingress and egress on the operation of such highways, provided that any person desiring such an entrance shall:
1. Be required first to obtain a permit therefor from the Commissioner of Highways;
2. Provide the entrance at his expense;
3. If required by the Commissioner of Highways, provide for the joint use of the desired entrance with adjacent property owners or provide evidence of such efforts; and
4. Construct the entrance or have the entrance constructed, including such safety structures as are required by the Commissioner of Highways, pursuant to the Department of Transportation's design standards and applicable Department regulations concerning access management and applicable Board regulations concerning land use permits.
All commercial entrances whether or not constructed under this section shall be maintained by the owner of the premises at all times in a manner satisfactory to the Commissioner of Highways.
Any person violating the provisions of this section is guilty of a misdemeanor punishable by a fine of not less than $5 nor more than $100 for each offense. Following a conviction and 15 days for correction, each day during which the violation continues shall constitute a separate and distinct offense and be punishable as such. Such person shall be civilly liable to the Commonwealth for actual damage sustained by the Commonwealth by reason of his wrongful act.
The Commissioner of Highways shall document and maintain a list of anyone who has requested an onsite meeting with the resident engineer or his staff. Such list shall also include recommendations made pursuant to the Department of Transportation's design standards and applicable Department regulations concerning access management and applicable Board regulations concerning land use permits and any associated cost estimates. Such list shall be provided to a locality upon the request of such locality.
Code 1950, § 33-116.1; 1956, c. 91; 1966, c. 378; 1970, c. 322, § 33.1-198; 2005, c. 645; 2007, cc. 863, 928; 2014, c. 805; 2017, c. 542.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-242. Replacing entrances destroyed in the repair or construction of highways

The Commissioner of Highways shall review the existing access to any parcel of land having an entrance destroyed in the repair or construction of the systems of state highways and shall provide access to the systems of state highways in a manner that will serve the parcel of land and ensure efficient and safe highway operation.
Code 1950, § 33-117; 1970, c. 322, § 33.1-199; 2007, cc. 863, 928; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-243. Paying for damages sustained to personal property by reason of work projects, etc.

The Commissioner of Highways may pay and settle claims and demands against the Commonwealth arising as a result of damages sustained to personal property by reason of work projects or the operation of state-owned or operated equipment when engaged in the construction, reconstruction, or maintenance of the primary state highway system, unless said claims or demands arise as a result of negligence of the person asserting such claims or demands. Nothing in this section shall be construed as imposing any legal liability upon the Commonwealth to pay such claims or demands, nor as giving the consent of the Commonwealth to be sued in any action or suit to recover on such claims or demands in the event the Commissioner of Highways refuses payment of said claims or demands.
Code 1950, § 33-117.1; 1970, c. 322, § 33.1-200; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-244. Removal of snow and ice from public highways by private entities

Upon request by a person, the Commissioner of Highways may authorize such person to hire private persons, firms, contractors, or entities to remove snow and ice from any public highway in Planning District 8, provided that there will be no costs to the Commonwealth or its political subdivisions for work pursuant to this section. No private person, firm, contractor, or entity employed to remove snow and ice from any public highway shall be afforded sovereign immunity or immunity in any form whatsoever. Private persons, firms, contractors, or entities so employed shall be liable for civil damages, including damages for death, injury, or property damage resulting from any act or omission relating to the removal of snow and ice from public highways. Nothing contained in this section shall limit the authority of the Commissioner of Highways granted under other provisions of law to authorize or contract for the removal of snow and ice from public highways.
1996, c. 714, § 33.1-200.2; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-245. Comprehensive highway access management standards

A. For purposes of this section, "comprehensive highway access management standards" means a coordinated set of state standards and guidelines that allow the Commonwealth and its localities to manage access to the systems of state highways according to their federal functional classification or operational characteristics through the control of and improvements to the location, number, spacing, and design of entrances, median openings, turn lanes, street intersections, traffic signals, and interchanges.
B. The General Assembly declares it to be in the public interest that comprehensive highway access management standards be developed and implemented to enhance the operation and safety of the systems of state highways in order to protect the public health, safety, and general welfare while ensuring that private property is entitled to reasonable access to the systems of state highways. The goals of the comprehensive highway access management standards are:
1. To reduce traffic congestion and impacts to the level of service of highways, leading to reduced fuel consumption and air pollution;
2. To enhance public safety by decreasing traffic crash rates;
3. To support economic development in the Commonwealth by promoting the efficient movement of people and goods;
4. To reduce the need for new highways and road widening by improving the performance of the existing systems of state highways; and
5. To preserve public investment in new highways by maximizing their performance.
C. The Commissioner of Highways shall develop and implement comprehensive highway access management standards for managing access to and preserving and improving the efficient operation of the systems of state highways. The comprehensive highway access management standards shall include standards and guidelines for the location, number, spacing, and design of entrances, median openings, turn lanes, street intersections, traffic signals, and interchanges.
Nothing in such standards shall preempt the authority of a local government to regulate the type or density of land uses abutting the systems of state highways.
The Commissioner of Highways shall require that any official who approves any highway access project shall certify that he has applied due diligence in approving such project and that such approval is, in his professional opinion, consistent with the minimum standards developed pursuant to this section. An appeal of the denial, revocation, or conditions of a permit shall be in accordance with the provisions of 24VAC30-73-50.
2007, cc. 863, 928, § 33.1-198.1; 2014, c. 805; 2019, c. 157.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-248. Expenditure of funds for interstate bridges and approaches

The Commissioner of Highways may expend from funds available for construction or maintenance of roads or highways, either alone or in cooperation with public road authorities of other states, such funds as he may deem necessary for the construction, maintenance, operation, and repair of interstate highway bridges, tunnels, and approaches forming connecting links between highways in the systems of state highways and public roads of other states.
Code 1950, § 33-172; 1970, c. 322, § 33.1-248; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-249. Maintenance and operation of bridges or tunnels on the city and state line

The governing bodies of cities and towns having populations greater than 3,500 and the Commissioner of Highways may enter into agreements, upon such terms and conditions as may be necessary, for the maintenance of public highway bridges or tunnels lying partly within and partly outside the incorporated limits of such cities and towns.
The Commissioner of Highways may enter into agreements with other states and the District of Columbia, upon such terms and conditions as may be necessary, for the maintenance and operation, including the issuance of permits, of public highway bridges or tunnels lying partly within and partly outside the territorial limits of the Commonwealth.
Code 1950, § 33-172.1; 1956, c. 28; 1964, c. 374; 1970, c. 322, § 33.1-249; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-250. Improving certain private roads and certain town streets and roads

A. The Commissioner of Highways may, upon the request of the governing body of any county and at the expense of the owner of the land, improve private roads giving direct access from the home or other central buildings on the property along the shortest practical route to the nearest public highway, provided that:
1. The Commissioner of Highways shall in no case undertake any such work until certification is made by the governing body of the county that the property owner cannot secure the services of a private contractor to perform the work nor then until the owner has deposited with him a certified check in the amount estimated by the Commissioner of Highways as the cost of the work;
2. Not more than $1,000 shall be expended on any one such private project in any one year; and
3. No work of ordinary maintenance shall be done on any such private road under the provisions of this section.
B. In addition, the Commissioner of Highways may, upon the request of the council of any town having a population of less than 1,500 and at the expense of such town, improve and maintain any streets or roads in such town and not in the primary state highway system. As to streets and roads in such town, no certification by the board of supervisors or deposit shall be necessary.
C. Any work done by the Commissioner of Highways pursuant to the provisions of this section shall only be done with the equipment and employees of the Department.
Code 1950, § 33-118; 1970, c. 322, § 33.1-201; 2013, cc. 585, 646; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-251. Installation and maintenance of "children at play" signs in counties and towns

The governing body of any county or town may enter into an agreement with the Commissioner of Highways allowing the county or town to install and maintain, at locations specified in such agreement, signs alerting motorists that children may be at play nearby. The cost of the signs and their installation shall be paid by the county or town.
The provisions of this section shall not apply to any county that has withdrawn its roads from the secondary state highway system under the provisions of § 11 of Chapter 415 of the Acts of Assembly of 1932 and has not elected to return.
1997, c. 167, § 33.1-210.2; 2006, c. 548; 2012, c. 179; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-252. Tramways and railways along or across public highways; appeals

A. Whenever any person, firm, or chartered company engaged in mining, manufacturing, or lumber getting has acquired the right-of-way for a tramway or railway, except across or upon a public highway, and desires to cross such highway or some part thereof and if such person, firm, or chartered company cannot agree with the Commissioner of Highways, or governing body of a county if the road is a county road in a county where the roads are not within the secondary state highway system, as to the terms and conditions of such crossing, the circuit court of the county in which such highway may be may prescribe such regulations for the crossing of such highway as will protect the public, and when such regulations have been prescribed, such tramway or railway may be constructed and maintained or if already constructed may be maintained in accordance with such regulations as may be made on the application of the owner of such tramway or railway or on the motion of the attorney for the Commonwealth after notice to such owner.
B. The Commissioner of Highways or governing body or the applicant or owner of the tramway or railway may appeal from the order of the circuit court in the manner prescribed for appeals in controversies concerning roads.
C. Nothing contained in this section shall be construed as giving the right to condemn private property for such tramway or railway, nor shall the rights of any tramway or railway lawfully acquired be affected.
Code 1950, §§ 33-126, 33-127, 33-128; 1970, c. 322, §§ 33.1-211, 33.1-212, 33.1-213; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-253. Highway safety corridor program

The Commissioner of Highways shall establish a highway safety corridor program under which a portion of highways in the primary state highway system and Interstate System may be designated by the Commissioner of Highways as highway safety corridors to address highway safety problems through law enforcement, education, and safety enhancements. In consultation with the Department of Motor Vehicles and the Superintendent of State Police, the Commissioner of Highways shall establish criteria for the designation and evaluation of highway safety corridors, including a review of crash data, accident reports, type and volume of vehicle traffic, and engineering and traffic studies. The Commissioner of Highways shall hold a public hearing prior to the adoption of the criteria to be used for designating a highway safety corridor. The Commissioner of Highways shall hold a minimum of one public hearing before designating any specific highway corridor as a highway safety corridor. The public hearing or hearings for a specific corridor shall be held at least 30 days prior to the designation at a location as close to the proposed corridor as practical.
The Department of Transportation shall erect signs that designate highway safety corridors and the penalties for violations committed within the designated corridors.
2003, c. 877, § 33.1-223.2:8; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-254. Erection and maintenance of newspaper route boxes

The publishers of all newspapers having a circulation in rural sections of the Commonwealth may erect and maintain suitable newspaper route boxes along and on the rights-of-way of the public highways throughout such rural sections, in which to deposit newspapers for their subscribers. The short name of the newspaper to be deposited in each such box, but nothing more, may be plainly printed thereon. All such boxes shall be located so they do not interfere with or endanger public travel on highways. All such locations shall meet with the approval of the Commissioner of Highways.
Code 1950, § 33-122; 1970, c. 322, § 33.1-206; 1979, c. 427; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-255. Sale or lease of properties acquired for highway construction

To the extent not otherwise prohibited by law, the Commissioner of Highways may sell or otherwise dispose of any improvements on lands acquired for highway construction projects or lease such land and improvements until such time as the land is needed for immediate highway construction purposes. Any residue parcels of lands so acquired that are found to be unnecessary for highway purposes may be sold or otherwise disposed of by the Commissioner of Highways.
Code 1950, § 33-75.8; 1964, c. 263; 1970, c. 322, § 33.1-140; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-256. Department of Transportation established

A. There is hereby created a Department of Transportation within the executive branch, which shall be under the supervision and management of the Commissioner of Highways and responsible to the Secretary of Transportation.
B. The core mission of the Department shall be as follows:
1. To maintain and operate the system of state highways;
2. To develop, oversee, and manage highway projects included in the Six-Year Improvement Program pursuant to § 33.2-214 based on guidance from the Commonwealth Transportation Board or funded pursuant to § 33.2-1524; and
3. To ensure the safety of the traveling public on the system of state highways.
Nothing in this subsection shall be construed to limit or restrict the powers otherwise granted to the Department or Commissioner.
2014, c. 805; 2017, cc. 166, 273.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-257.1. Notice to be provided to property owners of pending transportation projects

At least 30 days prior to any public hearing regarding a transportation project valued in excess of $100 million, the Department of Transportation shall send notification of the date, time, and place of the public hearing, by regular mail, to all owners of property within and adjacent to such project study corridor.
2014, c. 733.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-258. Environmental permits for highway projects; timely review

Notwithstanding any other provision of state law or regulation, any state agency, board, or commission that issues a permit required for a highway construction project pursuant to Title 10.1, 28.2, 29.1, or 62.1 shall within 15 days of receipt of an individual permit application review the application for completeness and either accept the application or request additional specific information from the Department. Unless a shorter period is provided by law, regulation, or agreement, the state agency, board, or commission shall within 120 days of receipt of a complete application issue the permit, issue the permit with conditions, deny the permit, or decide whether a public meeting or hearing is required by law. If a public meeting or hearing is held, it shall be held within 45 days of the decision to conduct such a proceeding, and a final decision as to the permit shall be made within 90 days of completion of the public meeting or hearing. For coverage under general permits issued pursuant to Title 10.1, 28.2, 29.1, or 62.1, the state agency, board, or commission that issues such permits shall within 10 business days of receipt of an application from the Department for a highway construction project review the application for completeness and either accept the application or request additional specific information from the Department. Coverage under the general permit shall be approved, approved with conditions, or denied within 30 business days of receipt of a complete application.
2005, c. 781, § 33.1-19.1; 2007, c. 896; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-259. Maintain drainage easements

Whenever in connection with or as a precondition to the construction or reconstruction of any highway the Department has acquired any permanent drainage easement, the Department shall, until such time as such easement has been terminated, perform repairs required to protect the roadway and to ensure the proper function of the easement within the right-of-way and within the boundaries of such easement.
2000, c. 312, § 33.1-223.2:4; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-260. Specifications in purchasing lubricating motor oil

A. Standard specifications adopted for lubricating motor oil for competitive bidding contracts to be let by the Department shall be prescribed so as to include re-refined or recycled lubricating motor oil. Specifications adopted for circumstances or equipment that require specialized treatment or products may be excluded.
B. The Department shall compile and publish a list of business entities that commercially distribute re-refined or recycled lubricating motor oil that complies with the standard specifications adopted by the Department pursuant to the provisions of this section. The Department shall make the list available to local governing bodies upon request.
1982, c. 203, § 33.1-189.1; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-261. Value engineering required in certain projects

For the purposes of this section, "value engineering" means a systematic process of review and analysis of an engineering project by a team of persons not originally involved in the project. Such team may offer suggestions that would improve project quality and reduce total project cost, ranging from a combination or elimination of inefficient or expensive parts or steps in the original proposal to total redesign of the project using different technologies, materials, or methods.
The Department shall employ value engineering in conjunction with any project that has an estimated construction cost of more than $15 million on any highway system using criteria established by the Department.
After a review, the Commissioner of Highways may waive the requirements of this section for any project for compelling reasons. Any such waiver shall be in writing, state the reasons for the waiver, and apply only to a single project.
The provisions of this section shall not apply to projects that are designed (i) utilizing a design-build contract pursuant to § 33.2-209 or 33.2-269 or (ii) pursuant to the Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq.).
1990, c. 160, § 33.1-190.1; 2001, cc. 90, 104; 2014, c. 805; 2018, cc. 290, 423.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-262. Removal of snow from driveways of volunteer fire departments and emergency medical services agencies

On the roads under the jurisdiction of the Department, the Department shall remove snow from the driveways and entrances of volunteer fire departments and volunteer emergency medical services agencies when the chief of any individual volunteer fire department or volunteer emergency medical services agency makes a written request for such snow removal service, provided that such service shall only be performed when such service can be performed during the normal course of snow removal activities of the Department without interfering with, or otherwise inconveniencing, such snow removal activities. Such service shall not extend to any parking lots adjacent to such driveways and entranceways not normally used by the volunteer fire department or volunteer emergency medical services agency as their direct driveway or entrance.
1976, c. 221, § 33.1-200.1; 2014, c. 805; 2015, cc. 502, 503.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-263. School bus stop signs or other indicators

The Department shall allow any local school board to install signs or other devices to indicate school bus stops, provided the installation is approved by the Department prior to installation. No local school board shall be required to install signs at all school bus stops. Maintenance, repair, and replacement of school bus stop signs shall be the responsibility of the local school board. The Department, in conformance with the Department's current policies for emergency snow removal operations, shall use its best efforts to ensure that signed school bus stop areas shall not be obstructed by snow removal operations. Installation of school bus stop signs shall not designate the area as school property.
2008, c. 291, § 33.1-223.2:18; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-264. Livestock on right-of-way of the systems of state highways

No person, firm, or corporation shall pasture or graze, or cause to be pastured or grazed, or otherwise permit to be on any right-of-way of any highway in the systems of state highways, except as otherwise provided in this section, any livestock, unless such animal or animals be securely tied or held by chain or rope so as to prevent such animal from getting on the traveled portion of the highway, provided that this section shall not apply when such livestock are being driven along such highway while under the control of a responsible drover or drovers.
Nothing in this section shall prevent the owners of abutting parcels of land from grazing livestock unsecured by chain or rope on secondary roads that (i) have been taken into the system as gated roads and (ii) carry fewer than 50 vehicles per day.
On gated roads carrying 50 or more vehicles per day, the Department shall, upon the request of the local governing body and upon the recordation of a deed of gift or donation by such landowner of not less than a 40-foot right-of-way, reimburse abutting landowners a sum equal to $1 per foot of fencing that must be installed to keep cattle from entering the right-of-way from such abutting land. Where such fencing separates pasture land from a water source used by the owner of such pasture land to water his livestock, the Department shall construct or have constructed a means of access by which stock may reach the water source from the pasture land. Moneys for such fencing and construction of access to water shall be taken from highway construction funds. For purposes of this section, a "gated" road is a road on which, prior to July 1, 1986, abutting landowners have maintained a gate or cattle guard.
Any person, firm, or corporation who violates any of the provisions of this article shall be fined not less than $10 nor more than $50 for such offense.
Nothing in this section shall be construed to transfer the liability for injuries or property damage caused by such grazing livestock.
Code 1950, § 33-125; 1956, c. 221; 1970, c. 322, § 33.1-210; 1986, c. 367; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-265. Comprehensive roadside management program

The Department shall promulgate regulations for a comprehensive roadside management program. Such program shall include opportunities for participation by individuals, communities, and local governments and shall address items, including safety, landscape materials, services, funding, recognition, and appropriate signing.
2004, c. 679, § 33.1-223.2:9; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-266. Intermittent closing of highways subject to flooding; permits; notice

A. Upon application of the board of directors of any soil and water conservation district and of the board of supervisors of the county wherein the highway is located, the Department is authorized to permit the intermittent closing of any highway located within the boundaries of such district and county whenever in its judgment it is necessary to do so and when the highway will be intermittently subject to inundation by floodwaters retained by an approved watershed retention structure. All costs associated with such closing shall be borne by the board of supervisors of the county, including the costs of furnishing, erecting, and removing the necessary signs, barricades, signals, and lights to safeguard and direct traffic.
B. Before any permit may be issued for the temporary inundation and closing of such a highway, an application for such permit shall be made to the Department by the board of directors of the soil and water conservation district and the board of supervisors of the county wherein the highway is located. The application shall specify the highway involved and shall request that a permit be granted to the county to allow the intermittent closing of the highway.
C. Before making such application, the board of supervisors of the county wherein such highway is located shall give notice of the proposed action by publication once each week for two consecutive weeks in a newspaper of general circulation in the county, and such notice shall contain a description of the places of beginning and the places of ending of such intermittent closing. In addition to such publication, the board of supervisors of such county shall give notice to all public utilities having facilities located within the rights-of-way of any highway being closed by mailing a copy of such notice to the office of each such public utility located within the county, or if no office is located within the county, then to the office of such utility located nearest to the county. Furthermore, no such application shall be accepted by the Department that does not certify compliance by the applicants with the requirements of publication and notice in the manner prescribed in this section. All costs associated with the application procedure and notice to the public and to public utilities shall be borne by the board of supervisors of the county.
D. Not sooner than 30 days after the last publication and not sooner than 30 days after the mailing of such notice, the Department may issue the permit with respect to such highway. Nothing herein contained shall require the Department to issue such a permit when the Department, in its sole discretion, does not consider such intermittent closing of highways to be in the best interest of fulfilling the Department's duties to the traveling public.
1976, c. 172, § 33.1-223.2; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-267. Family restrooms

The Department shall provide family restrooms at all rest areas along Interstate System highways in the Commonwealth. All such family restrooms shall be constructed in accordance with federal law. The provisions of this section shall apply only to rest stops constructed on or after July 1, 2003.
2003, c. 279, § 33.1-223.2:7; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-267.1. Human trafficking hotline; posted notice required

The Department shall post notice at all rest areas along Interstate System highways in the Commonwealth of the existence of a human trafficking hotline to alert possible witnesses or victims of human trafficking to the availability of a means to report crimes or gain assistance. The notice required by this section shall (i) be posted in a place readily visible and accessible to the public and (ii) meet the requirements specified in subsection C of § 40.1-11.3.
2018, c. 571.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-268. Contractor performance bonds for locally administered transportation improvement projects

Whenever any locality undertakes administration of a transportation improvement project and obtains, in connection therewith, contractor performance bonds that include the Department as a dual obligee, the amount of such bonds shall be no greater than would have been required had the Department not been included as a dual obligee. The surety's obligation to the Department shall be no greater than its obligation to the locality administering the project, and the amount of the bond is the limit of the surety's obligation to either or both obligees.
2009, c. 395, § 33.1-223.2:22; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-269. Localities may use design-build contracts

Localities may award contracts for the construction of transportation projects on a design-build basis. These contracts may be awarded after a written determination is made by the chief executive officer of the locality that delivery of the projects must be expedited and that it is not in the public interest to comply with the design and construction contracting procedures normally followed. These contracts shall be of such size and scope to encourage maximum competition and participation by qualified contractors. Such determination shall be retained for public inspection in the official records of the locality and shall include a description of the nature and scope of the project and the reasons for the determination that awarding a design-build contract will best serve the public interest. If state or federal transportation funds are used for the contract, then the locality shall comply with the provisions of §§ 33.2-209 and 33.2-214 and shall request from the Department the authority to administer the project in accordance with pertinent state or federal requirements.
2006, c. 419, § 33.1-223.2:16; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-270. Provide for training of certain local employees

The Department shall provide for the training and certification of local governments in order that such local governments are capable of administering local maintenance and construction projects that involve the secondary or urban highway system. Such training and certification shall enable such local governments to carry out locally administered projects in compliance with federal and state law and regulations with minimal oversight by Department personnel.
2012, c. 470, § 33.1-223.2:27; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-271. Maintain property acquired for construction of transportation projects

Subject to requirements of federal law or regulations and prior to the initiation of project construction, the Department shall mow the grass and remove weeds and debris on property acquired for the construction of a transportation project by the Department. Such activities shall be performed in accordance with the same schedules used for these activities on other rights-of-way maintained by the Department in the same locality. At the written request of the local governing body or a locality, the Department shall provide additional services on the property acquired for the construction of a transportation project, including removal of abandoned vehicles. Such additional services shall be funded from the construction allocations to the project.
2004, c. 682, § 33.1-223.2:10; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-272. Location of landfill gas pipelines in highway right-of-way; Department of Transportation to provide notice to counties

Whenever the Department grants its permission for the construction, installation, location, or placement of a landfill gas pipeline within any highway right-of-way, notice shall be provided by the Department to every county through which such pipeline or any portion thereof will pass.
For the purposes of this section, "landfill gas pipeline" means those facilities exempted from the definition of public utility in subdivisions (b)(6), (7), and (8) of § 56-265.1.
2004, c. 808, § 33.1-223.2:11; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-273. Use of steel plates in connection with highway repairs

Any person using steel plates in connection with a temporary or permanent repair to the roadway of any highway shall follow the standards of the Department regarding warnings thereof and the marking of such plates. The provisions of this section shall not apply to any portion of a roadway that is closed to vehicular traffic.
2005, c. 537, § 33.1-223.2:14; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-274. Application and installation of traffic control measures

Nothing in this title shall be construed to prevent the application and installation of traffic control measures to reduce the negative effects of traffic through residential areas on any component of the secondary highway system that meets the definition of "residence district" in § 46.2-100, even if such component also provides access to a "business district" as defined in the same section. Installation of traffic control measures on any state-maintained highway shall be approved by the Department prior to installation.
Furthermore, nothing in this title shall be construed to prevent the acceptance by the Department of private financing for the application and installation of traffic control measures if and when such measures meet the Department's standards.
2008, c. 468, § 33.1-223.2:19; 2008, c. 471, § 33.1-223.2:20; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-274.1. Roadside safety devices to be equipped with identification numbers

The Department shall require that Type I (Re-Directive) Impact Attenuators, Terminals (GR-7, GR-9), Truck Mounted Attenuators, and Trailer Mounted Attenuators from the Department's approved products list installed on or after July 1, 2016, in connection with any highway construction or maintenance project funded in whole or in part with revenues of the Commonwealth shall include the manufacturer's identification number specific to the device and stamped on the device itself.
2015, c. 481.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-275. Periodic quantitative rating of certain highways

The Department shall determine a quantitative rating on the pavement condition and ride quality of every highway in the primary and secondary state highway systems at least once every five years, using metrics generally accepted in the United States for this purpose. The Department shall post these ratings on its website, organized by transportation district, updated at least quarterly, with interpretive guidance, identifying each (i) primary and secondary highway or segment thereof that has been rated, the pavement condition and ride quality rating given, and the date it was last rated and (ii) primary or secondary highway or segment thereof that has not been rated and the approximate date, if available, that the rating is scheduled to be made.
2013, c. 290, § 33.1-223.2:29; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-275.1. Primary evacuation routes; public information

The Department of Transportation (the Department), in consultation with the Department of Emergency Management, shall develop and maintain a map of primary evacuation routes in the Commonwealth. Such map shall be made available on Department's public website.
The Department shall review the quality of the transportation infrastructure along such routes and submit a report on the findings of the Department and any recommended improvements at least once every five years. Such report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and shall be posted on the General Assembly's website, and the first of such reports shall be submitted no later than the first day of the 2021 Regular Session of the General Assembly.
2020, c. 704.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-276. Noise abatement practices and technologies

A. Whenever the Board or the Department plan for or undertake any highway construction or improvement project and such project includes or may include the requirement for the mitigation of traffic noise impacts, first consideration should be given to the use of noise reducing design and low noise pavement materials and techniques in lieu of construction of noise walls or sound barriers. Vegetative screening, such as the planting of appropriate conifers, in such a design would be utilized to act as a visual screen if visual screening is required.
B. The Department shall expedite the development of quiet pavement technology such that applicable contract solicitations for paving shall include specifications for quiet pavement technology and other sound mitigation alternatives in any case in which sound mitigation is a consideration. To that end, the Department shall construct demonstration projects sufficient in number and scope to assess applicable technologies. The assessment shall include evaluation of the functionality and public safety of these technologies in Virginia's climate and shall be evaluated over at least two full winters. The Department shall provide an initial interim report to the Governor and the General Assembly by June 30, 2012, a second interim report by June 30, 2013, and a final report by June 30, 2015. The report shall include results of demonstration projects in Virginia, results of the use of quiet pavement in other states, a plan for routine implementation of quiet pavement, and any safety, cost, or performance issues that have been identified by the demonstration projects.
C. The governing body of any locality, at its own expense, may evaluate noise from highways it may designate for analysis. Such evaluation shall be accepted and relied upon by the Department if such evaluation is prepared in accordance with and complies with applicable federal law, regulations, and requirements, as well as guidelines and policies issued by the Board, relating to noise abatement and evaluation. This provision shall not apply to projects for which the Department is required to perform a noise analysis.
2009, c. 120, § 33.1-223.2:21; 2011, cc. 476, 790; 2012, c. 171; 2013, c. 120; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-277. Sale of materials to, and use of equipment by, localities and school boards

The Department may lend or rent equipment and sell materials and supplies used in the building or repairing of highways and streets to any locality or school board, upon such terms and conditions as may be agreed upon by the Department and such locality or school board, provided that the governing body of such locality or school board submits to the Department a certificate setting forth that the material or equipment cannot be furnished from private sources within a reasonable time. The requirement of such a certificate shall not apply to towns with a population of less than 3,500 inhabitants or to the purchase of paint for traffic marking purposes by any locality or school board.
Code 1950, § 33-111; 1952, c. 337; 1954, c. 349; 1956, c. 539; 1970, c. 322, § 33.1-195; 2013, cc. 585, 646; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-278. Facilities for persons desiring to fish from bridges

The Department may, upon the request in writing of any department or agency of the Commonwealth, construct and maintain on or in connection with any bridges that now constitute a part of any system of state highways platforms, walkways, or other facilities as may be necessary or proper for the safety and convenience of persons who desire to fish therefrom. The cost shall be paid out of funds furnished by the department or agency making the request from its own funds or funds furnished to such department or agency by gift from private sources. The Department shall not be held responsible for damage caused by the construction or use of such facilities.
Code 1950, § 33-123; 1970, c. 322, § 33.1-207; 2013, cc. 585, 646; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-279. Use of streams and lowlands obstructed by newly constructed highways as fishponds or water storage areas

Whenever any highway is being constructed and the highway is to pass over any stream or lowland the obstruction of which is necessary to such construction or if the present highway construction can be utilized to provide a suitable dam for a fishpond or water storage area, then upon application of the adjacent property owner requesting that it be so used, the Department may permit such use, provided that such dam shall be subject to the provisions of §§ 33.2-409 through 33.2-414 and any additional cost incurred shall be borne by the requesting property owner.
Code 1950, § 33-123.1; 1952, c. 499; 1970, c. 322, § 33.1-208; 2013, cc. 585, 646; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-280. Treatment of highway surfaces for dust control

The Department may treat highway surfaces for stabilization and dust control in any town in the Commonwealth upon request of the governing body of such town and may treat highway surfaces for stabilization and dust control in any county of the Commonwealth, the secondary highways within which are not a part of the secondary state highway system, upon request of the governing body thereof, provided that such county or town governing body shall pay to the Department the cost of such treatment. This section applies to any highway that is a part of the primary or secondary state highway system.
Code 1950, § 33-112; 1970, c. 322, § 33.1-196; 2013, cc. 585, 646; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 2 - Transportation Entities › § 33.2-280.1. Charging electronic toll collection device fees

The Department shall not, as a result of inactivity on the part of the holder of any electronic toll collection device for a time period of less than one year, (i) charge maintenance fees for electronic toll collection devices or (ii) require users to exchange their electronic toll collection device for a different type.
2018, c. 629.