reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 3 - Highway Systems › § 33.2-365. Allocation of proceeds of Commonwealth of Virginia Transportation Capital Projects Revenue Bonds

The Board shall allocate, use, and distribute the proceeds of any bonds it is authorized to issue on or after July 1, 2007, pursuant to subdivision 10 of § 33.2-1701, as follows:
1. A minimum of 20 percent of the bond proceeds shall be used for transit capital as further described in § 33.2-1526.2.
2. A minimum of 4.3 percent of the bond proceeds shall be used for rail capital consistent with the provisions of §§ 33.2-1526.2 and 33.2-1602.
3. The remaining amount of bond proceeds shall be used for paying the costs incurred or to be incurred for construction of transportation projects with such bond proceeds used or allocated as follows: (i) first, to match federal highway funds projected to be made available and allocated to highway and public transportation capital projects to the extent determined by the Board, for purposes of allowing additional state construction funds to be allocated pursuant to § 33.2-358; (ii) second, to provide any required funding to fulfill the Commonwealth's allocation of equivalent revenue sharing matching funds pursuant to § 33.2-357 to the extent determined by the Board; and (iii) third, to pay or fund the costs of statewide or regional projects throughout the Commonwealth. Costs incurred or to be incurred for construction or funding of these transportation projects shall include environmental and engineering studies; rights-of-way acquisition; improvements to all modes of transportation; acquisition, construction, and related improvements; and any financing costs or other financing expenses relating to such bonds. Such costs may include the payment of interest on such bonds for a period during construction and not exceeding one year after completion of construction of the relevant project.
4. The total amount of bonds authorized shall be used for purposes of applying the percentages in subdivisions 1, 2, and 3.
2007, c. 896, § 33.1-23.4:01; 2011, cc. 830, 868; 2013, c. 639; 2014, c. 805; 2015, c. 684; 2020, cc. 1230, 1275.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 3 - Highway Systems › § 33.2-366. Funds for counties that have withdrawn or elect to withdraw from the secondary state highway system

Pursuant to subsection A of § 33.2-358, the Board shall make the following payments to counties that have withdrawn or elect to withdraw from the secondary state highway system under the provisions of § 11 of Chapter 415 of the Acts of Assembly of 1932 and that have not elected to return: to any county having withdrawn prior to June 30, 1985, and having an area greater than 100 square miles, an amount equal to $12,529 per lane-mile for fiscal year 2014, and to any county having an area less than 100 square miles, an amount equal to $17,218 per lane-mile for fiscal year 2014; to any county that elects to withdraw after June 30, 1985, the Board shall establish a rate per lane-mile for the first year using (i) an amount for maintenance based on maintenance standards and unit costs used by the Department to prepare its secondary state highway system maintenance budget for the year in which the county withdraws and (ii) an amount for administration equal to five percent of the maintenance figure determined in clause (i). The payment rates shall be adjusted annually by the Board in accordance with procedures established for adjusting payments to cities and towns under § 33.2-319, and lane mileage shall be adjusted annually to include (a) streets and highways accepted for maintenance in the county system by the local governing body or (b) streets and highways constructed according to standards set forth in the county subdivision ordinance or county thoroughfare plan, and being not less than the standards set by the Department. Such counties shall be eligible to receive allocations pursuant to subsection B of § 33.2-358.
Payment of the funds shall be made in four equal sums, one in each quarter of the fiscal year.
The chief administrative officer of such counties receiving such funds shall make annual reports of expenditures to the Board, in such form as the Board shall prescribe, accounting for all expenditures, including delineation between construction and maintenance expenditures and reporting on their performance as specified in subsection B of § 33.2-352. Such reports shall be included in the scope of the annual audit of each county conducted by independent certified public accountants.
1985, c. 42, § 33.1-23.5:1; 2004, c. 118; 2013, c. 766; 2013, Sp. Sess. I, c. 1; 2014, c. 805; 2015, c. 684; 2020, cc. 1230, 1275.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 3 - Highway Systems › § 33.2-367. Highway aid to mass transit

In allocating highway funds, the Board may use such funds for highway aid to mass transit facilities when such use will best accomplish the purpose of serving the transportation needs of the greatest number of people.
Highway aid to mass transit may be accomplished by (i) using highway funds to aid in paying transit operating costs borne by localities; (ii) acquiring or constructing transit-related highway facilities such as exclusive bus lanes; bus turn-outs; bus passenger shelters; fringe parking facilities, including necessary access roads, to promote transit use and relieve highway congestion; and off-street parking facilities to permit exclusive use of curb lane by buses; or (iii) permitting mass transit facilities to occupy highway median strips without the reimbursement required by § 33.2-1015, all to the end that highway traffic may be relieved through the development of more efficient mass transit.
Expenditures pursuant to this section shall be made from funds available for the construction of state highways within the highway construction district in which the transit facilities are wholly or partly located.
The Board may contract with the governing bodies constituting a transportation district, or in its discretion, other local governing bodies, for the accomplishment of a project to which funds have been allocated under the provisions of this section. Whenever such projects are being financed by advance annual allocation of funds, the Board may make such funds available to the contracting governing bodies in annual increments that may be used for other transit purposes until needed for the project for which allocated; however, the Board may require bond or other satisfactory assurance of final completion of the contract.
The Board may also, at the request of local governing bodies, use funds allocated for urban highways or secondary highways within their jurisdiction to accomplish the purposes of this section.
The General Assembly may, through the general appropriation act, provide for (i) limits on the amounts or purposes of allocations made under this section and (ii) the transfer of allocations from one eligible recipient to another.
Code 1950, § 33-35.8; 1970, c. 503, § 33.1-1; 1972, c. 490; 1973, c. 508, § 33.1-46.1; 1977, c. 578; 1980, c. 373; 1986, c. 392; 1998, cc. 905, 907; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 3 - Highway Systems › § 33.2-368. Financial plans for transportation construction projects

For transportation construction projects valued in excess of $100 million, the Commissioner of Highways shall require that a financial plan be prepared and presented to the Board for its review. This plan shall include, but not be limited to, the following: (i) a complete cost estimate for all major project elements, (ii) an implementation plan with the project schedule and cost-to-complete information presented for each year, (iii) identified revenues by funding source available each year to meet project costs, (iv) a detailed cash-flow analysis for each year of the proposed project, and (v) efforts to be made to ensure maximum involvement of private enterprise and private capital.
2013, cc. 585, 646, § 33.1-23.5:3; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 3 - Highway Systems › § 33.2-369. State of good repair

A. As used in this section, "state of good repair purposes" means improvement of deficient pavement conditions and improvement of structurally deficient bridges.
B. The Board shall use funds allocated in § 33.2-358 and § 58.1-1741 to state of good repair purposes for reconstruction and replacement of structurally deficient state and locally owned bridges and reconstruction and rehabilitation of pavement on the Interstate System and primary state highway system determined to be deteriorated by the Board, including municipality-maintained primary extensions.
The Board shall allocate these funds to projects in all nine highway construction districts for state of good repair purposes based on a priority ranking system that takes into consideration (i) the number, condition, and costs of structurally deficient bridges and (ii) the mileage, condition, and costs to replace deteriorated pavements. The Board shall ensure an equitable needs-based distribution of funding among the highway construction districts, with no district receiving more than 17.5 percent or less than 5.5 percent of the total funding allocated in any given year. The Board may, by a duly adopted resolution, waive the cap provided in this section for a fiscal year only when it determines that due to extraordinary circumstances or needs the cap inhibits the ability of the Department to address a key pavement or bridge need that has been identified.
C. In any year in which the Department has not met the established targets for secondary pavements developed in accordance with § 33.2-232 and before making the allocations in subsection B, the Board may allocate up to 20 percent of these funds to all nine highway construction districts to improve the condition of secondary pavements. The Board shall ensure an equitable needs-based distribution of funds among highway construction districts based on the mileage, condition, and cost to improve secondary pavements.
2015, c. 684.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 3 - Highway Systems › § 33.2-370. High-priority projects program

A. As used in this section, "high-priority projects" means those projects of regional or statewide significance, such as projects that reduce congestion or increase safety, accessibility, environmental quality, or economic development.
B. The Board shall establish a high-priority projects program and shall use funds allocated in § 33.2-358 to the program for projects and strategies that address a transportation need identified for a corridor of statewide significance or a regional network in the Statewide Transportation Plan pursuant to § 33.2-353. From funds allocated to this program, the Board shall allocate funds to the Innovation and Technology Transportation Fund, provided that the allocation shall not exceed $25 million annually.
In selecting projects and strategies for funding under this program, the Board shall screen, evaluate, and select candidate projects and strategies according to the process established pursuant to subsection B of § 33.2-214.1.
2015, c. 684.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 3 - Highway Systems › § 33.2-371. Highway construction district grant programs

A. As used in this section:
"Land area" means the total land area of the counties within a highway construction district reduced by the area of any military reservations and state or national parks or forests within its boundaries and such other similar areas and facilities of five square miles in area or more, as may be determined by the Board.
"Population" means the population according to the latest U.S. census or the latest population estimates made by the Weldon Cooper Center for Public Service of the University of Virginia, whichever is more recent.
B. The Board shall establish a grant program in each highway construction district to fund projects and strategies that address a need in the Statewide Transportation Plan developed pursuant to § 33.2-353.
C. The Board shall solicit candidate projects and strategies from local governments for consideration in the applicable highway construction district's grant program. Candidate projects and strategies shall be screened, evaluated, and selected by the Board according to the process established pursuant to subsection B of § 33.2-214.1 but shall be within a highway construction district and not outside such highway construction district. Candidate projects and strategies from localities within a highway construction district shall be scored against projects and strategies within the same highway construction district. Only those candidate projects and strategies submitted by a locality shall be funded.
D. Funds allocated to this program under § 33.2-358 shall be distributed to each highway construction district for that district's grant program as follows:
1. Thirty percent based on the ratio of the population of the cities and towns eligible to receive payments pursuant to § 33.2-319 within a highway construction district to the total population of the cities and towns eligible to receive payments pursuant to § 33.2-319 within the Commonwealth;
2. Twenty-eight percent based on the ratio of vehicle miles traveled on primary highways within the highway construction district to the total vehicle miles traveled on primary highways in the Commonwealth;
3. Twenty-four percent based on the ratio of the population of counties within a highway construction district to the total population of all counties within the Commonwealth;
4. Ten percent based on the ratio of the number of primary lane-miles in the highway construction district to the total number of primary lane-miles within the Commonwealth;
5. Six percent based on the ratio of the land area of counties within the highway construction district to the total land area of counties within the Commonwealth; and
6. Two percent based on a primary need factor based on addressing the largest under-allocation to highway construction districts relative to primary needs.
E. Projects awarded funds under a grant program established by this section may be administered by the local government pursuant to § 33.2-228 or by the Department.
2015, c. 684.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 3 - Highway Systems › § 33.2-372. Interstate Operations and Enhancement Program

A. The Board shall establish the Interstate Operations and Enhancement Program (the Program) to improve the safety, reliability, and travel flow along interstate highway corridors in the Commonwealth.
B. The Board may use funds in the Program to address identified needs in the Statewide Transportation Plan pursuant to § 33.2-353 or an interstate corridor plan approved by the Board through (i) operational and transportation demand management strategies and (ii) other transportation improvements, strategies, or services.
C. The Board, with the assistance of the Office of Intermodal Planning and Investment, shall establish a process to evaluate and prioritize potential strategies and improvements, with priority given first to operational and transportation demand management strategies that improve reliability and safety of travel.
D. The Board may not use funds in the Program to supplant existing levels of support as of July 1, 2019, for existing operational and transportation demand management strategies.
E. The Board shall distribute to the Interstate 81 Corridor Improvement Fund established pursuant to 33.2-3601 an amount equal to the revenues provided to the Program multiplied by the ratio of the vehicle miles traveled on Interstate 81 by vehicles classified as Class 6 or higher by the Federal Highway Administration to the total vehicle miles traveled on all interstate highways in the Commonwealth by vehicles classified as Class 6 or higher.
F. The Board shall distribute to the Northern Virginia Transportation Authority Fund established pursuant to § 33.2-2509 an amount equal to the revenues provided to the Program multiplied by the ratio of vehicle miles traveled on interstate highways in Planning District 8 by vehicles classified as Class 6 or higher by the Federal Highway Administration to the total vehicles miles traveled on all interstate highways in the Commonwealth by vehicles classified as Class 6 or higher.
G. For any interstate highway with more than 10 percent of total vehicle miles traveled by vehicles classified as Class 6 or higher by the Federal Highway Administration, the Board shall ensure that the total long-term expenditure for each interstate highway shall be approximately equal to the proportion of the total revenue deposited in the Fund attributable to each interstate highway based on such interstate highway's proportional share of interstate vehicle miles traveled by vehicles classified as Class 6 or higher.
2020, cc. 1230, 1275.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 3 - Highway Systems › § 33.2-373. Virginia Highway Safety Improvement Program

A. The Board shall establish the Virginia Highway Safety Improvement Program (the Program) to reduce motorized and nonmotorized fatalities and severe injuries on highways in the Commonwealth, whether such highways are state or locally maintained. The Board shall use funds set aside pursuant to § 33.2-358 for the Program.
B. Beginning in fiscal year 2024, the Board shall, after program administration costs, allocate the funds in accordance with its adopted investment strategy pursuant to subsection C as follows:
1. At least 54 percent for infrastructure projects that address a hazardous road location or feature and address an identified highway safety problem;
2. At least 29 percent for strategies and activities to address behavioral causes of crashes that result in fatalities and severe injuries; and
3. The remaining amount for eligible purposes under this section pursuant to the investment strategy adopted pursuant to subsection C.
C. The Board shall adopt an investment strategy to guide the investments of the Program. The strategy shall cover a period of at least five years and seek to achieve a significant reduction in the anticipated number of fatalities and severe injuries over the covered period and shall give priority to projects, strategies, and activities based on the expected reduction in fatalities and severe injuries relative to cost, including improvements that are widely implemented based on a high-risk roadway feature that is correlated with a particular crash type, rather than crash frequency.
2020, cc. 1230, 1275.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 3 - Highway Systems › § 33.2-374. Special Structure Program

A. For purposes of this section, "special structure" means very large, indispensable, and unique bridges and tunnels identified by the Commissioner and approved by the Commonwealth Transportation Board.
B. The General Assembly declares it to be in the public interest that the maintenance, rehabilitation, and replacement of special structures in the Commonwealth occur timely as to provide and protect a safe and efficient highway system.
C. The Board shall establish a program for the maintenance, rehabilitation, and replacement of special structures in the Commonwealth. With the assistance of the Department of Transportation, the Board shall develop and maintain a plan for the maintenance, rehabilitation, and replacement of special structures in the Commonwealth. The plan shall cover at a minimum a 30-year period and shall be updated biennially no later than November 1 of each even-numbered year.
D. The Board shall use the funds allocated in §§ 33.2-1524 and 33.2-1530 to the Special Structure Fund pursuant to § 33.2-1532 for maintenance, rehabilitation, and replacement of special structures to implement the plan developed pursuant to subsection C.
2020, cc. 1230, 1275.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams › § 33.2-400. Definitions

As used in this chapter, unless the context requires a different meaning:
"Limited access highway" means a highway especially designed for through traffic, over which abutters have no easement or right of light, air, or access by reason of the fact that their property abuts upon such limited access highway.
"Scenic highway" means a highway, designated as such by the Board, within a protected scenic corridor located, designed, and constructed so as to preserve and enhance the natural beauty and cultural value of the countryside.
"Virginia byway" means a highway, designated as such by the Board, having relatively high aesthetic or cultural value, leading to or within areas of historical, natural, or recreational significance.
Code 1950, §§ 33-37, 33-43.3; 1966, c. 11; 1970, c. 322, §§ 33.1-57, 33.1-64; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams › § 33.2-401. Power and authority of Commonwealth Transportation Board relating to limited access highways

The Board may plan, designate, acquire, open, construct, reconstruct, improve, maintain, discontinue, abandon, and regulate the use of limited access highways in the same manner in which it is now or may be authorized to plan, designate, acquire, open, construct, reconstruct, improve, maintain, discontinue, abandon, and regulate the use of other highways within the Commonwealth. The Board shall also have any and all other additional authority and power relative to other highways, which shall include the right to acquire by purchase, eminent domain, grant, or dedication title to such lands or rights-of-way for such limited access highways.
Notwithstanding any other provisions of this Code, any highway, street, or portion thereof to which access rights of abutters have been acquired by the Board and which is subsequently incorporated into the street system of a city or town by any method shall remain limited access until and unless the governing body of the city or town, after securing the approval of the Board, acts to discontinue such limited access feature.
Code 1950, § 33-38; 1950, p. 476; 1962, c. 348; 1970, c. 322, § 33.1-58; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams › § 33.2-402. Designating existing highway as limited access highway; extinguishing easements of access

The Board may designate all or any part of an existing highway as a limited access highway. When an existing highway is so designated, the Board shall where necessary extinguish all existing easements of access, light, or air.
Code 1950, § 33-39; 1950, p. 476; 1958, c. 571; 1970, c. 322, § 33.1-59; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams › § 33.2-403. Business enterprises restricted on limited access highway right-of-way

No commercial establishment or business enterprise shall be constructed or located upon any right-of-way of any limited access highway.
Code 1950, § 33-40.1; 1958, c. 490; 1970, c. 322, § 33.1-60; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams › § 33.2-404. Service roads parallel to limited access highways; standards for access, service, etc.

The Department may construct service roads parallel to a limited access highway in order to provide access at designated points for property owners abutting on the limited access highway and after the construction of such service roads shall maintain and regulate traffic over them.
The construction or alteration of any access, feeder, or service road that is to serve properties isolated by construction of a limited access highway shall meet all minimum state standards or the standards of the cities or towns with a population of more than 3,500, or of counties that maintain their own road networks, as provided for by ordinance, whichever is more strict.
Code 1950, § 33-41; 1970, c. 322, § 33.1-61; 2013, cc. 585, 646; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams › § 33.2-405. Designation of scenic highways and Virginia byways

The Board is authorized to designate any highway as a scenic highway or as a Virginia byway. This designation shall be made in cooperation with the Director of the Department of Conservation and Recreation. Prior to designation, the local governing body and local planning commission, if any, in each county or city wherein the proposed scenic highway or Virginia byway is located shall be given notice and, upon request by any of the local governing bodies, the Board shall hold a hearing in one of the counties or cities wherein the proposed scenic highway or Virginia byway is located.
Code 1950, § 33-43.1; 1966, c. 11; 1970, c. 322, § 33.1-62; 1974, c. 319; 1984, c. 739; 1989, c. 656; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams › § 33.2-406. Selecting Virginia byways

In selecting a Virginia byway, the Board and the Director of the Department of Conservation and Recreation shall give preference to corridors controlled by zoning or otherwise, so as to reasonably protect the aesthetic or cultural value of the highway.
Code 1950, § 33-43.2; 1966, c. 11; 1970, c. 322, § 33.1-63; 1984, c. 739; 1989, c. 656; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams › § 33.2-407. Signage of scenic highways and Virginia byways

When the Board designates a highway as a scenic highway or as a Virginia byway, it shall be appropriately signed as such.
Code 1950, § 33-43.4; 1966, c. 11; 1970, c. 322, § 33.1-65; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams › § 33.2-408. Acquisition of adjacent land

When the Board has designated a highway as a Virginia byway or as a scenic highway, the Commissioner of Highways may acquire by gift or purchase such land, or interests therein, of primary importance for the preservation of natural beauty adjacent to Virginia byways or scenic highways.
Code 1950, § 33-43.5; 1966, c. 11; 1970, c. 322, § 33.1-66; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams › § 33.2-409. Duty of owner or occupier of dam over which state highway passes; penalty

Every owner or occupier of a dam over which a state highway passes shall keep such dam in good order, at least 12 feet wide at the top, and also keep in good order the substructure of a bridge of like width over the pier heads, floodgates, or any wastecut through or around the dam, provided that when these requirements have been met, the superstructure of any such bridge shall be maintained by the Commissioner of Highways. The Commissioner of Highways shall inspect all such bridges and report any needed repairs to the owner in writing. If such owner fails to comply with the provisions of this chapter, he is guilty of a misdemeanor punishable by a fine of $2 for every such failure of 24 hours. However, if a milldam is carried away or destroyed by flood or any other extraordinary natural cause, the owner or occupier thereof shall not be subject to such fine until one month after any mill operated in whole or in part by water impounded by such dam has been put into operation by such waterpower.
Code 1950, § 33-90; 1970, c. 322, § 33.1-176; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams › § 33.2-410. Duties of Commissioner of Highways related to dams over which a state highway passes

The Commissioner of Highways may, at his own cost and expense, widen or strengthen any dam or bridge over which a state highway passes to a sufficient width to provide properly for traffic that uses that section of highway of which such dam or bridge forms a part. The Commissioner of Highways shall maintain the highway surface on such sections of highway.
Code 1950, § 33-91; 1970, c. 322, § 33.1-177; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams › § 33.2-411. Raising or lowering floodgates

The owner or occupier of a dam shall raise or lower the floodgates on such dam when there is an impending flood in order to reduce the level of the water in the pond, and when it comes to the attention of the Commissioner of Highways that this has not been done, or that the owner is unable to reach the spillway in order to do so, the Commissioner of Highways may perform this duty.
Code 1950, § 33-92; 1970, c. 322, § 33.1-178; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams › § 33.2-412. Reconstruction if dam is washed out

If a dam is washed out and the owner refuses to replace the dam, the Commissioner of Highways, with or without the consent of such owner or occupier, may construct a highway across the dam, but in case the owner desires to replace the dam and use the pond, he shall be permitted to do so by paying to the Commissioner of Highways one-half of the cost and expenses of replacing the dam, up to a width of 12 feet at the top, and the difference between the cost, if any, of replacing the bridge normally required to carry the water of the stream and the cost of a bridge that includes floodgates and adequate spillway.
Code 1950, § 33-93; 1970, c. 322, § 33.1-179; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams › § 33.2-413. When larger spillway required

In case the earthen portion of a dam has been washed away and it is determined by the Commissioner of Highways that the washout was caused by a spillway of insufficient opening to carry floodwater, the dam shall not be restored for the purpose of impounding water unless the owner or occupier agrees with the Commissioner of Highways to the construction of a spillway with adequate opening, conforming to plans and specifications of the Department. In the event that such construction is required, the Commissioner of Highways shall be responsible for such part of the cost as would be necessary to provide a bridge with sufficient opening to carry the floodwater of the stream, and the owner or occupier of the dam shall be required to pay the difference in cost, if any, of providing adequate floodgates and spillways in addition to the bridge.
Code 1950, § 33-94; 1970, c. 322, § 33.1-180; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 4 - Limited Access Highways, Scenic Highways and Virginia Byways, and Highways over Dams › § 33.2-414. Application to county roads

Sections 33.2-409 through 33.2-413 shall also apply to dams, over which pass public roads that are not in the primary or secondary state highway system, and to the owners and occupiers thereof. As to any such dam and the owner or occupier thereof, the powers conferred and imposed upon the Commissioner of Highways in §§ 33.2-409 through 33.2-413 shall be vested in and imposed upon the governing body of the county in which such dam is located.
Code 1950, § 33-95; 1970, c. 322, § 33.1-181; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 5 - High-Occupancy Vehicle Lanes and High-Occupancy Toll Lanes › § 33.2-502. Designation of HOT lanes

The Board may designate one or more lanes of any highway, including lanes that may previously have been designated HOV lanes under § 33.2-501, in the Interstate System, primary state highway system, or National Highway System, or any portion thereof, as HOT lanes. In making HOT lanes designations, the Board shall also specify the high-occupancy requirement and conditions for use of such HOT lanes or may authorize the Commissioner of Highways to make such determination consistent with the terms of a comprehensive agreement executed pursuant to § 33.2-1808. The high-occupancy requirement for a HOT lanes facility constructed or operated as a result of the Public-Private Transportation Act (§ 33.2-1800 et seq.) shall not be less than three.
2004, c. 783, § 33.1-56.2; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 5 - High-Occupancy Vehicle Lanes and High-Occupancy Toll Lanes › § 33.2-504. Release of personal information to or by HOT lanes operators; penalty

A. The HOT lanes operator may enter into an agreement with the Department of Motor Vehicles, in accordance with the provisions of subdivision B 21 of § 46.2-208, to obtain vehicle owner information regarding the owners of vehicles that use HOT lanes and with the Department of Transportation to obtain any information that is necessary to conduct electronic toll collection and otherwise operate HOT lanes. Such agreement may include any information that may be obtained by the Department of Motor Vehicles in accordance with any agreement entered into pursuant to § 46.2-819.9. No HOT lanes operator shall disclose or release any personal information received from the Department of Motor Vehicles or the Department of Transportation to any third party, except in the issuance of a summons and institution of court proceedings in accordance with § 33.2-503. Information in the possession of a HOT lanes operator under this section shall be exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
B. Information collected by a photo-enforcement system shall be limited exclusively to that information that is necessary for the collection of unpaid tolls. Notwithstanding any other provision of law, all photographs, microphotographs, electronic images, or other data collected by a photo-enforcement system shall be used exclusively for the collection of unpaid tolls and shall not be (i) open to the public; (ii) sold or used for sales, solicitation, or marketing purposes; (iii) disclosed to any other entity except as may be necessary for the collection of unpaid tolls or to a vehicle owner or operator as part of a challenge to the imposition of a toll; or (iv) used in a court in a pending action or proceeding unless the action or proceeding relates to a violation of § 33.2-503 or upon order from a court of competent jurisdiction. Information collected under this section shall be purged and not retained later than 30 days after the collection and reconciliation of any unpaid tolls, administrative fees, or civil penalties. Any entity operating a photo-enforcement system shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or their designee. Any violation of this subsection constitutes a Class 1 misdemeanor. In addition to any fines or other penalties provided for by law, any money or other thing of value obtained as a result of a violation of this section shall be forfeited to the Commonwealth.
2004, c. 783, § 33.1-56.4; 2006, c. 859; 2014, c. 805; 2016, c. 753.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 5 - High-Occupancy Vehicle Lanes and High-Occupancy Toll Lanes › § 33.2-505. Exclusion of HOT lanes from certain other laws

Notwithstanding any other provision of law, the provisions of §§ 22.1-187, 33.2-501, 33.2-613, 46.2-819, and 46.2-819.1 shall not apply to HOT lanes.
2004, c. 783, § 33.1-56.5; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 6 - Ferries and Toll Facilities › § 33.2-600. Acquisition or establishment of ferries

The Board may acquire by purchase, condemnation, or gift any ferry within the Commonwealth that forms a connecting link in a state highway and may purchase all equipment and other things necessary for the establishment of new ferries to become connecting links in the primary or secondary state highway system, whenever it shall determine such action to be advisable and expedient. The Board may expend from state highway construction funds of the highway construction district where the ferries are located and are under the Board's control at any time such sums as may be necessary to acquire or establish, maintain, and operate any such ferry.
The Board may operate such ferry either as a free or toll ferry and may establish a toll for the use of such ferry at such rates as are deemed by the Board to be reasonable and proper without regulation by any other governmental body.
Code 1950, § 33-209; 1970, c. 322, § 33.1-254; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 6 - Ferries and Toll Facilities › § 33.2-601. Ferry across Corrotoman River

The public free ferry across the Corrotoman River, in the County of Lancaster, authorized by Chapter 156 of the Acts of Assembly of 1847, shall be kept according to such act, except as otherwise provided in this section. The Circuit Court of Lancaster may have the contract for keeping the same let to the lowest bidder for a period of five years, and the bonds thereby directed shall be to the County of Lancaster. Furthermore, the ferry shall cross from Merry Point to the upper side of the wharf and canning factory at Ottoman wharf. However, the circuit court of the county shall have the right, upon the application of the board of supervisors, to discontinue the ferry if it appears that public necessity therefor no longer exists. No such application shall be made unless and until notice is given by (i) publication once a week for two successive weeks in a newspaper published in the county or having general circulation therein and (ii) posting copies of the notice at the front door of the courthouse of the county and at both landings of the ferry. Such notice shall be posted and the first newspaper publication made at least 30 days before the day on which the application will be made to the court.
Code 1950, § 33-171; 1970, c. 322, § 33.1-247; 2014, c. 805; 2015, c. 256.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 6 - Ferries and Toll Facilities › § 33.2-602. Toll bridges; when privilege ceases

When an act is passed to authorize the erection of a toll bridge, if the work is not commenced within one year from the passage of such act or is not completed within two years after such commencement or if, after its completion, there is an abandonment of the toll bridge or a failure for three successive years to keep it in good order, the privileges granted by the act shall cease.
Code 1950, § 33-215; 1970, c. 322, § 33.1-255; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 6 - Ferries and Toll Facilities › § 33.2-603. Toll bridges not to obstruct navigation or fish

Every toll bridge shall be made so as not to obstruct the passage of fish or the navigation of the watercourse over which it is erected.
Code 1950, § 33-216; 1970, c. 322, § 33.1-256; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 6 - Ferries and Toll Facilities › § 33.2-604. How right to demand tolls ascertained and rates fixed or changed

Tolls shall be received for passing a bridge only after it appears to the circuit court of the county where the bridge is located that the bridge is completed according to the act authorizing it. The court shall ascertain whether it is so completed by appointing three disinterested freeholders to view it. If they report in writing that it is so completed and their report is confirmed by the court, the person authorized to erect it, or his heirs or assigns, may then demand and receive tolls at the rates fixed by such act from persons or things passing over the bridge. If no rates are fixed, then he, or his heirs or assigns, may receive tolls at such rates as may be fixed by law. If the toll rates are specified in such act they may be changed by law, unless such act otherwise expressly provides.
Code 1950, § 33-217; 1970, c. 322, § 33.1-257; 1995, c. 647; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 6 - Ferries and Toll Facilities › § 33.2-605. Special police officers in connection with toll bridges

A. The circuit court of any county in which there is a toll bridge or its approaches, or the circuit court of any county in which lies any part of any toll bridge or bridges or their approaches belonging to the same proprietor, but which toll bridge or bridges or their approaches lie in more than one county, may, upon the application of the proprietor, appoint any employee of such proprietor, employed in the control or operation of such toll bridge or bridges and approaches, a special police officer. Such special police officer may exercise all the powers and duties imposed and conferred upon sheriffs in the Commonwealth, in criminal matters, upon any such toll bridge or bridges and their approaches. Such power shall extend throughout the Commonwealth when such special police officer is actually in pursuit of a person accused of crime or acting under authority of a warrant duly issued for the arrest of a person charged with a crime. However, no special policeman appointed under this section whose duties as such special policeman are merely incidental to such private employment shall be deemed to be an employee of the Commonwealth or county or counties within which such toll bridges and their approaches lie, within the meaning of the Virginia Workers' Compensation Act (§ 65.2-100 et seq.).
B. Before any such appointment is made, the court shall be satisfied that such person has been a bona fide resident of the Commonwealth for more than one year immediately preceding such appointment and is of good moral character. Before any such person shall be permitted to discharge any of the duties of such special policeman, he shall take the oath required by law and shall give a bond payable to the Commonwealth in the penalty of not less than $500, conditioned for the faithful discharge of his official duties.
C. No salary shall be paid to any special police officer appointed under subsection A by the Commonwealth or county, or counties, in which such properties lie; nor shall he receive any fees for making any arrest, executing any warrant, summoning a witness, or carrying a person to or from jail.
Code 1950, §§ 33-218, 33-219, 33-220; 1970, c. 322, §§ 33.1-258, 33.1-259, 33.1-260; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 6 - Ferries and Toll Facilities › § 33.2-606. Permission required to erect or maintain toll bridges over navigable water

No toll bridge erected after March 19, 1928, shall be constructed, maintained, or operated across, in, or over any navigable waters in or of the Commonwealth, anything in the charter of any company to the contrary notwithstanding, unless a permit is first obtained from the Board. The Board may grant or withhold such permit or prescribe its terms and conditions, as it may deem for the best interest of the Commonwealth, except so far as such terms and conditions are provided for in this chapter.
Code 1950, § 33-221; 1970, c. 322, § 33.1-261; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 6 - Ferries and Toll Facilities › § 33.2-607. Approval of plans by Board; inspection; costs

Detailed plans, estimates, and specifications shall be submitted to the Board for approval before construction is commenced on a toll bridge or approaches under a permit granted under § 33.2-606. No such toll bridge shall be constructed until such plans, estimates, and specifications are approved by the Board. Access to such work shall be granted to the Board, the Commissioner of Highways, and authorized representatives of either at all times during construction. The permittee shall keep accurate records of the cost of such toll bridge and approaches and real and personal property used in the operation thereof and of all replacements and repairs and shall submit a copy to the Board.
Code 1950, § 33-222; 1970, c. 322, § 33.1-262; 2014, c. 805.