reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 120 - RULES AND REGULATIONS CONTROLLING OUTDOOR ADVERTISING AND DIRECTIONAL AND OTHER SIGNS AND NOTICES › Part II - Directional and Other Official Signs and Notices (Located Off Highway Right of Way) › Section 24VAC30-120-140 - Administration of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
The Commissioner of Highways, under § 33.2-1201 of
					 the Code of Virginia, has the duty to administer and enforce provisions of
					 Chapter 12 (§ 33.2-1200 et seq.) of Title 33.2 of the Code of Virginia.
					 The board and the Commissioner of Highways recognize that there are other state
					 agencies which have as their primary purpose the control and administration of
					 the type of specific unique phenomena or site, for which a directional sign
					 application may be made, that have valuable experience and knowledge in the
					 matters contained in the definition of "directional signs." Therefore, the
					 following state agencies are hereby recognized for the purpose of making
					 recommendations whether a site, area, agency, or phenomena falls within the
					 definition of "directional signs" set forth in
					 24VAC30-120-80:
Department of Conservation and Recreation
Department of Historic Resources
The Library of Virginia
The recommendations must be based upon criteria presently
					 utilized or hereinafter adopted by one of these agencies.
After the recommendation is received the commissioner must
					 employ the following standards in addition to those which appear elsewhere to
					 ascertain whether a site, area, agency, or phenomena is eligible for
					 directional signs.
1. That publicly or
				  privately owned activities or attractions eligible for directional signing are
				  limited to the following: natural phenomena; scenic attractions; historic,
				  educational, cultural, scientific, and religious sites; and areas naturally
				  suited for outdoor recreation.
2.
				  Any of the above must be nationally or regionally known as determined by the
				  commissioner.
3. Any of the above
				  must be of outstanding interest to the traveling public as determined by the
				  Commissioner of Highways.
The area, site, agency, or phenomena seeking to qualify
					 for "directional signs" shall be the principal area, site, agency, or phenomena
					 which would appear on proposed sign and not ancillary to the message which
					 would appear on the sign.
Statutory Authority: § 33.2-210 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 120 - RULES AND REGULATIONS CONTROLLING OUTDOOR ADVERTISING AND DIRECTIONAL AND OTHER SIGNS AND NOTICES › Part II - Directional and Other Official Signs and Notices (Located Off Highway Right of Way) › Section 24VAC30-120-150 - Final determination

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner shall make the final determination whether
					 a site, area, agency or phenomena is eligible for directional signs. The signs
					 must conform to the requirements and standards set out herein in Part II
					 (24VAC30-120-80 et
					 seq.).
Statutory Authority
§§ 33.1-12, 33.1-351, 33.1-370 and 33.1-371 of
						the Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 120 - RULES AND REGULATIONS CONTROLLING OUTDOOR ADVERTISING AND DIRECTIONAL AND OTHER SIGNS AND NOTICES › Part III - Signs on Rights of Way of the Interstate and Other Controlled Access Highways

Current through Register Vol. 40, No. 24, July 15, 2024
The original text of Part III pertains to traffic signs
				  andother markers, which are exempt from the Administrative Process Act.
				  Thedepartment has filed a replacement to this part as VR
				  385-01-63("Supplemental Signing Criteria") to comply with provisions of
				  theVirginia Register Act (§
									2.2-4100 et seq. of the Code of
				  Virginia). Thisdocument is available for inspection at the Department of
				  Transportation, inthe Office of Public Affairs in the Department's principal
				  office at 1401 EastBroad Street, Richmond, VA 23219.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 120 - RULES AND REGULATIONS CONTROLLING OUTDOOR ADVERTISING AND DIRECTIONAL AND OTHER SIGNS AND NOTICES › Part IV - Control and Continuance of Nonconforming Signs, Advertisements, and Advertising Structures › Section 24VAC30-120-160 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The definitions set out in § 33.2-1200 of the Code of
					 Virginia and the following definitions shall apply:
"Erect" means to construct, build, raise, assemble, place,
					 affix, attach, create, paint, draw, or in any other way bring into being or
					 establish.
"Nonconforming sign" means one which was lawfully erected
					 but which does not comply with the provisions of state law or state regulations
					 passed at a later date or which later fails to comply with state law or state
					 regulations due to changed conditions.
An example of changed conditions would be a sign or
					 advertisement lawfully in existence in a commercial area which at a later date
					 becomes noncommercial and thus required to be protected, or a sign or
					 advertisement lawfully erected on a federal-aid secondary highway later
					 upgraded to a federal-aid primary highway. Illegally erected or maintained
					 signs or advertisements are not nonconforming signs.
"Nonconforming sign - grandfather clause" means a sign
					 lawfully in existence on certain dates or as specified in the state-federal
					 agreement erected in a commercial or industrial area which does not conform to
					 size, lighting, or spacing criteria.
Statutory Authority: § 33.2-210 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 120 - RULES AND REGULATIONS CONTROLLING OUTDOOR ADVERTISING AND DIRECTIONAL AND OTHER SIGNS AND NOTICES › Part IV - Control and Continuance of Nonconforming Signs, Advertisements, and Advertising Structures › Section 24VAC30-120-180 - Right to continue

Current through Register Vol. 40, No. 24, July 15, 2024
The right to continue a nonconforming sign, advertisement,
					 or advertising structure is not confined to its owner or any one individual or
					 corporation so using the land. Thus, a nonconforming sign, advertisement, or
					 advertising structure may be sold, leased or otherwise transferred without
					 affecting its status.
Statutory Authority
§§ 33.1-12, 33.1-351, 33.1-370 and 33.1-371 of
						the Code of Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 120 - RULES AND REGULATIONS CONTROLLING OUTDOOR ADVERTISING AND DIRECTIONAL AND OTHER SIGNS AND NOTICES › Part IV - Control and Continuance of Nonconforming Signs, Advertisements, and Advertising Structures › Section 24VAC30-120-190 - Owner's responsibility

Current through Register Vol. 40, No. 24, July 15, 2024
The owner is responsible for the maintenance and
					 continuance of a sign, advertisement, or advertising structure in conformity
					 with the foregoing, which is not construed to relieve owner of such
					 responsibility, nor to waive applicable provisions of the Code of Virginia
					 relating to outdoor advertising including, but not limited to, §§
					 33.2-1200, 33.2-1211, 33.2-1216, 33.2-1217, 33.2-1220, and 33.2-1227 of the
					 Code of Virginia.
Statutory Authority: § 33.2-210 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 120 - RULES AND REGULATIONS CONTROLLING OUTDOOR ADVERTISING AND DIRECTIONAL AND OTHER SIGNS AND NOTICES › Part IV - Control and Continuance of Nonconforming Signs, Advertisements, and Advertising Structures › Form - FORMS (24VAC30-120)

Current through Register Vol. 40, No. 24, July 15, 2024
Application for Outdoor Advertising Permit OA-105A (Rev.
					 7/1/93).
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 121 - COMPREHENSIVE ROADSIDE MANAGEMENT PROGRAM › Section 24VAC30-121-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The Comprehensive Roadside Management Program (program) is
				  administered by the Virginia Department of Transportation (department), and
				  enables private businesses, civic organizations, communities, individuals and
				  local governments an opportunity to improve the appearance and safety of the
				  state maintained right-of-way or real property, herein referred to as
				  right-of-way, by participating in the project development, establishment, and
				  maintenance of landscaping activities within the state-maintained right-of-way.
				  This chapter sets forth policies and procedures governing the
				  program.
Statutory Authority
§§ 33.1-12 and 33.1-223.2:9 of the Code of
					 Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 121 - COMPREHENSIVE ROADSIDE MANAGEMENT PROGRAM › Section 24VAC30-121-20 - Participation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Eligible
				entities. A local government, private business, community, individual, or civic
				organization may fully fund the development, establishment, or maintenance, or
				any combination of these, of landscaping a segment of the right-of-way upon
				application to, and approval by, a designated department representative. Such
				entities are eligible to participate as:
1. A
				single local government;
2. A local
				government partnership between one or more contiguous local governments;
				or
3. A private business, civic
				organization, community or individual through sponsorship by a local government
				or local government partnership. Such entities are eligible to participate as a
				donor through the local government by providing to the local government cash or
				noncash contributions.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 121 - COMPREHENSIVE ROADSIDE MANAGEMENT PROGRAM › Section 24VAC30-121-30 - Application requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				All program activities must be applied for by the local governments within the
				jurisdiction in which the activity is proposed to occur in accordance with the
				General Rules and Regulations of the Commonwealth Transportation Board
				(24VAC30-21) and the Land Use Permit Regulations (24VAC30-151). The Land Use
				Permit Regulations and the general rules may be obtained from the Virginia
				Department of Transportation, 1401 East Broad Street, Richmond, Virginia 23219,
				or by accessing the Virginia Administrative Code website at
				http://lis.virginia.gov/cgi-bin/legp604.exe000+reg+TOC24030 [File Link Not
				Available].
1. Single activity or segment
				permit. A local government may apply for a permit for each individual proposed
				activity or for all proposed activities on a specific route.
2. Jurisdiction-wide permit. A local
				government may apply for a jurisdiction-wide permit to cover all proposed
				activities occurring within that local government's jurisdictional boundaries
				on the right-of-way. Such jurisdiction-wide permits must be renewed on an
				annual basis from the date of permit issuance.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 121 - COMPREHENSIVE ROADSIDE MANAGEMENT PROGRAM › Section 24VAC30-121-40 - Conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order to
				participate in the program, each project must comply with the Land Use Permit
				Regulations and the general, site, and design considerations specified in this
				section.
B. General considerations.
				The following general considerations apply to any permitted activity:
1. Qualifications. All work shall be
				performed by qualified local government personnel or qualified individuals
				acting as an agent of the permitted local government.
2. Compliance. Such work shall comply with
				all departmental specifications, standards, policies, and guidance and all
				applicable federal, state, and local government policies, laws, regulations,
				and ordinances.
3. Improvement. Any
				permitted activity must ensure a net improvement to existing right-of-way
				conditions and impose no net operational or financial burden to the department
				as determined by the department.
4.
				The permittee shall be responsible for the maintenance of the permitted areas
				in perpetuity. In the event the permittee fails to adequately maintain the
				improvements, the department may, at its discretion, revoke the permit. Prior
				to such revocation, the department may, at its discretion and at the
				permittee's expense, return the permitted area to its original
				condition.
5. The master plan,
				project concept plan, sketches, drawings, estimates, specifications, and
				descriptive text of all activities and any required federal, state, or local
				permits shall be available for review by the department at all times.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 121 - COMPREHENSIVE ROADSIDE MANAGEMENT PROGRAM › Form - FORMS (24VAC30-121)

Current through Register Vol. 40, No. 24, July 15, 2024
Land
				  Use Permit Application, LUP-A (rev. 3/10)
.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part II - Authority › Section 24VAC30-151-20 - Authority

Current through Register Vol. 40, No. 24, July 15, 2024
The General Rules and Regulations of the Commonwealth
					 Transportation Board (see
					 24VAC30-151-760 ) are adopted
					 pursuant to the authority of § 33.2-210 of the Code of Virginia, and in
					 accordance with the Virginia Administrative Process Act (Chapter 40 (§
					 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia). These rules and
					 regulations provide that no work of any nature shall be performed on any real
					 property under the ownership, control, or jurisdiction of VDOT until written
					 permission has been obtained from VDOT. Real property includes, but is not
					 limited to, the right-of-way of any highway in the state highways system.
					 Written permission is granted either by permit or a state-authorized contract
					 let by VDOT. By issuing a permit, VDOT is giving permission only for whatever
					 rights it has in the right-of-way; the permittee is responsible for obtaining
					 permission from others who may also have an interest in the property. Employees
					 of VDOT are authorized to issue permits as described in this chapter. This
					 chapter prescribes the specific requirements of such permits.
Statutory Authority: § 33.2-210 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part II - Authority › Section 24VAC30-151-30 - Permits and agreements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  The following shall apply to all authorized use or occupancy of the
				  right-of-way:
1. A permit is required for any
				  type of utility activity occurring within the right-of-way.
2. A permit is required to install any
				  entrance onto a state highway.
3. A
				  permit is required to perform surveying operations within the
				  right-of-way.
4. A permit is
				  required for any agricultural and commercial use and occupancy of the
				  right-of-way.
5. A permit is
				  required for any miscellaneous activity or use of the right-of-way except for
				  mailboxes and newspaper boxes (see
				  24VAC30-151-560 ) and public
				  service signs (see
				  24VAC30-151-570 ).
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part II - Authority › Section 24VAC30-151-50 - Violations of rules and regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Objects placed on, above, or under the
				  right-of-way in violation of the general rules and regulations shall be removed
				  within 10 calendar days of receipt of notice from VDOT. Objects not removed
				  within 10 calendar days shall be moved at the owner's expense. Objects
				  requiring immediate removal for public safety, use, or maintenance of any
				  highway shall be moved immediately at the owner's expense. The provisions of
				  § 33.2-1224 of the Code of Virginia shall govern the removal of
				  advertisements from within the right-of-way. The provisions of § 33.2-1227
				  of the Code of Virginia shall govern the removal of other signs from within the
				  right-of-way.
B. The permittee will
				  be civilly liable to the Commonwealth for expenses and damages incurred by VDOT
				  as a result of violation of any of the rules and regulations of this chapter.
				  Violators shall be guilty of a misdemeanor and, upon conviction, shall be
				  punished as provided for in § 33.2-210 of the Code of Virginia.
C. Failure to implement proper traffic
				  control and construction standards mandated by the permit shall be cause for
				  the district administrator's designee to remove the permittee from the
				  right-of-way or revoke the permit, or both.
D. See
				  24VAC30-151-30 for violations
				  related to specific district-wide permit types.
Statutory Authority: § 33.2-210 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part II - Authority › Section 24VAC30-151-60 - Authority of district administrator's designee

Current through Register Vol. 40, No. 24, July 15, 2024
A. The district administrator's designee may
				  suspend the work, wholly or in part, if the permittee fails to correct
				  conditions that are unsafe for workers or the general public or to adequately
				  carry out provisions of the permit. The district administrator's designee may
				  also suspend work within the right-of-way for such periods as deemed necessary
				  because of weather or other conditions unsuitable for work or any other
				  condition or reason deemed to be in the public interest. The district
				  administrator's designee may delegate this authority.
B. Should the permittee fail to comply
				  immediately with any order of the district administrator's designee made under
				  the provisions of this section, the district administrator's designee may cause
				  unacceptable authorized work to be removed and replaced and unauthorized work
				  to be removed. The district administrator's designee may revoke the permit and
				  restore the right-of-way. Any costs to restore the right-of-way upon revocation
				  of a permit shall be borne by the permittee.
Statutory Authority
§ 33.1-12 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part II - Authority › Section 24VAC30-151-70 - Plan review and permit inspection

Current through Register Vol. 40, No. 24, July 15, 2024
When a permit request is of extraordinary nature or
					 extent, or both, in lieu of the fee payment outlined in
					 24VAC30-151-710, VDOT may require
					 the permittee to pay the actual costs associated with plan review, other
					 administrative tasks, inspection, and equipment usage. A VDOT inspector,
					 consultant inspector, or both, may be assigned to inspect or monitor, or both,
					 any work performed within the right-of-way. The absence of an inspector does
					 not relieve the permittee from performing the authorized work in accordance
					 with the provisions of the permit.
Statutory Authority
§ 33.1-12 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part II - Authority › Section 24VAC30-151-80 - Permit time limits and cancellations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The permittee shall provide an estimate of
				  the number of days needed to accomplish the work under permit. The district
				  administrator's designee shall determine the actual time limit of all work
				  being accomplished under permit, which shall not normally be less than six
				  months in duration. Weather conditions and seasonal operations such as seeding,
				  paving, etc., will be considered when determining a realistic time limit for
				  work to be completed.
B. It shall
				  be the responsibility of the permittee to ensure that the permitted activity
				  will be completed within the time limit established with the original permit
				  issuance. If it is anticipated that the work covered by the permit cannot be
				  completed during the original permit term, the permittee shall provide a
				  request, documented in writing or electronic communication, for an extension of
				  time to the district administrator's designee. The request shall provide
				  reasonable justification for granting the extension. A one-time extension of
				  time may be granted if the request is received at least 10 calendar days prior
				  to the original permit expiration date. Should the original time limit or the
				  one-time permit extension expire, the permittee shall provide a written request
				  for reinstatement to the district administrator's designee. The request shall
				  provide reasonable justification for granting the reinstatement. At the time of
				  reinstatement, the district administrator's designee shall notify the permittee
				  that no additional extensions of the permit will be allowed and that the work
				  must be completed within the time limits indicated in the reinstatement notice.
				  Consideration will not be given to an extension request for a permit that has
				  been reinstated after an extension.
C. The permittee shall make every effort to
				  ensure that work begins within 30 calendar days of permit issuance. If the
				  permitted work cannot commence within 30 calendar days of permit issuance, the
				  permittee shall notify the district administrator's designee of the delay. Upon
				  request by the permittee, the permit may be cancelled if no work has
				  started.
Statutory Authority
§ 33.1-12 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part II - Authority › Section 24VAC30-151-90 - Hours and days work authorized; holiday schedule

Current through Register Vol. 40, No. 24, July 15, 2024
Normal hours for work under the authority of a permit,
					 single use or districtwide, are from 9 a.m. to 3:30 p.m. Monday through Friday
					 for all highways classified as arterial or collector. All highways classified
					 as local roads will have unrestricted work hours and days.
Permitted nonemergency work will not be allowed on
					 arterial and collector highway classifications from noon on the preceding
					 weekday through the following state observed holidays: New Year's Day, Memorial
					 Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
If the observed holiday falls on a Monday, the permit will
					 not be valid from noon on the preceding Friday through noon on Tuesday. The
					 district administrator's designee may establish alternate time restrictions in
					 normal working hours and days for single use permits. The central office permit
					 manager may establish alternate time restrictions in normal working hours and
					 days for districtwide permits.
Statutory Authority
§ 33.1-12 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part III - Denial or Revocation of Permits › Section 24VAC30-151-110 - Denial; revocation; refusal to renew

Current through Register Vol. 40, No. 24, July 15, 2024
A. A land use permit may be revoked upon
				  written finding that the permittee violated the terms of the permit, which
				  shall incorporate by reference these rules, as well as state and local laws and
				  ordinances regulating activities within the right-of-way. Repeated violations
				  may result in a permanent denial of the right to work within the right-of-way.
				  A permit may also be revoked for misrepresentation of information on the
				  application, fraud in obtaining a permit, alteration of a permit, unauthorized
				  use of a permit, or violation of a water quality permit. Upon revocation, the
				  permit shall be surrendered without consideration for refund of fees. Upon
				  restoration of permit privileges a new land use permit shall be obtained prior
				  to performing any work within the right-of-way.
B. Land use permits may be denied to any
				  applicant or company, or both, for a period not to exceed six months when the
				  applicant or company, or both, has been notified in writing by the Commissioner
				  of Highways, the central office permit manager, district administrator, or
				  district administrator's designee that violations have occurred under the
				  jurisdiction of a districtwide or previously issued single use permit. Any
				  person, firm, or corporation violating a water quality permit shall permanently
				  be denied a land use permit. Furthermore, these violators may be subject to
				  criminal prosecution as provided for by § 33.2-210 of the Code of
				  Virginia.
Statutory Authority: § 33.2-210 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part IV - Entrances › Section 24VAC30-151-120 - Provisions governing entrances

Current through Register Vol. 40, No. 24, July 15, 2024
VDOT's authority to regulate highway entrances is provided
					 in §§ 33.2-240, 33.2-241, and 33.2-245 of the Code of Virginia and
					 its authority to make regulations concerning the use of highways generally is
					 provided in § 33.2-210 of the Code of Virginia.
Regulations regarding entrances are set forth in VDOT's
					 regulations promulgated pursuant to § 33.2-245 of the Code of Virginia
					 (see 24VAC30-151-760
					 ).
Statutory Authority: § 33.2-210 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part V - Occupancy of Right-of-Way › Section 24VAC30-151-220 - Commercial use agreements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Where wider rights-of-way are acquired by VDOT for the ultimate development of
				  a highway at such time as adequate funds are available for the construction of
				  the highway, including such preliminary features as tree planting, the
				  correction of existing drainage conditions, etc., the Commissioner of Highways
				  does not consider it advisable to lease, rent, or otherwise grant permission
				  for the use of any of the land so acquired except in extreme or emergency
				  cases, and then only for a limited period.
When the land adjoining the highway is used for commercial
					 purposes and where the existing road is located on the opposite side of the
					 right-of-way, thereby placing the business from 65 feet (in the case of 110
					 feet right-of-way) to 100 feet or more (in the case of 160 feet right-of-way)
					 away from the main traveled road, the owner of the business may continue to
					 locate his driveways and pumps, in the case of a filling station, within the
					 state right-of-way, provided that the driveways and pumps are at least as far
					 from the edge of the existing pavement as existing driveways and pumps in
					 evidence on the road are from the nearest edge of the pavement to their similar
					 structures. No additional driveways or pumps may be constructed within the
					 right-of-way. In such cases, agreements for "commercial uses" may be entered
					 into for use of portions of the right-of-way for temporary or limited periods
					 under the following policies and conditions:
1. Until such time as the Commissioner of
				  Highways deems it necessary to use right-of-way acquired for future
				  construction on a project for road purposes, agreements may be made with
				  adjoining property owners for the temporary use of sections thereof. The use of
				  this land shall be limited to provisions as set forth in the agreement, which
				  shall cover commercial pursuits consistent with similar operations common to
				  the highway. These operations and special conditions may include gasoline
				  pumps, but not gasoline tanks.
2.
				  The area of right-of-way designated for use of the landowner must not be used
				  for the storing of vehicles, except while the vehicles are being serviced at
				  the gasoline pumps. The area must be kept in a clean and orderly condition at
				  all times.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part V - Occupancy of Right-of-Way › Section 24VAC30-151-230 - Agriculture use agreements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  In cases where wider rights-of-way are acquired by VDOT for the ultimate
				  development of a highway at such time as adequate funds are available for the
				  construction of the same, including such preliminary features as tree planting,
				  the correction of existing drainage conditions, etc., the Commissioner of
				  Highways does not consider it advisable to lease, rent, or otherwise grant
				  permission for the use of any of the land so acquired except in extreme or
				  emergency cases, and then only for a limited period.
When this land is being used for agricultural purposes,
					 which would necessitate the owner preparing other areas for the same use,
					 agreements for agricultural uses may be entered into for use of portions of the
					 right-of-way for temporary or limited periods.
B. Agreements for agricultural uses may be
				  made with adjoining property owners, until such time as the Commissioner of
				  Highways deems it necessary to use right-of-way acquired for future
				  construction on a project for road purposes. Agricultural use is not permitted
				  on limited access highways. The use of this land will be limited to provisions
				  as set forth in the agreement, which, in general, will cover agricultural
				  pursuits the same as those carried out on adjoining lands and thereby made an
				  integral part of the agreement. Operations and special conditions covering such
				  operations may include one or more of the following:
1. Grazing of cattle and other livestock is
				  permitted provided the area is securely enclosed by appropriate fence to
				  eliminate any possibility of animals getting outside of the
				  enclosure.
2. Forage crops such as
				  hay, cereals, etc. are permitted provided that their growth will not interfere
				  with the safe and orderly movement of traffic on the highway, and that, after
				  crops are harvested, the land is cleared, graded and seeded with cover crop in
				  such a manner as to prevent erosion and present a neat and pleasing
				  appearance.
3. Vegetable crops are
				  permitted provided that its growth will not interfere with the safe and orderly
				  movement of traffic on the highway, and that all plants will be removed
				  promptly after crops are harvested and the land cleared, graded and seeded with
				  cover crop in such a manner as to prevent erosion and present a neat and
				  pleasing appearance.
4. Fruit trees
				  are permitted to maintain existing fruit trees, provided that they are sprayed
				  to control insects and diseases; fertilized and the area is kept generally
				  clear of weeds, etc., but no guarantee of longevity may be expected.
5. Small fruits are permitted, but no
				  guarantee of longevity may be expected.
6. Other uses as may be specifically
				  approved.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part V - Occupancy of Right-of-Way › Section 24VAC30-151-240 - Dams

Current through Register Vol. 40, No. 24, July 15, 2024
A. VDOT may permit
				  dams for farm ponds within the right-of-way. The local Soil and Water
				  Conservation District, as defined in § 10.1-500 of the Code of Virginia,
				  will coordinate the approval of all requests to establish farm ponds, including
				  existing or proposed roadway occupation of the dam, with the district
				  administrator's designee. For the purpose of this section, a roadway will be
				  considered to accommodate a farm pond dam if:
1. Any part of the fill for the roadway and
				  the fill for the dam overlap;
2.
				  The area between the two embankments is filled in so that the downstream face
				  of the dam is obscured; or
3. A
				  closed drainage facility from a dam extends under a roadway fill.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part V - Occupancy of Right-of-Way › Section 24VAC30-151-250 - Railroad grade crossing or encroachments

Current through Register Vol. 40, No. 24, July 15, 2024
Applications for permits to construct railroad tracks over,
					 under, across or along the right-of-way of a state highway must be made by the
					 railroad company or other company which will use the tracks. Permits shall not
					 be issued to concerns contracting for such operations. All permit applications
					 for highway grade crossings of secondary highways shall be accompanied by
					 resolutions from the county board of supervisors, approving the
					 crossings.
Sketches shall be submitted with the permit application,
					 which show clearly the angle of crossing or location of the tracks with
					 reference to the centerline of the road, the entrance onto the right-of-way,
					 departure from the right-of-way, and width of the right-of-way of both railroad
					 and highway. The grade line of the railroad must conform to the grade line of
					 the highway and be so indicated on the sketch. Any necessary alteration in
					 grade, due to crown of the highway, must be adjusted by the railroad company
					 with the use of plant-mix-asphalt material, or as may be specified by the
					 district administrator's designee.
Statutory Authority
§ 33.1-12 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part V - Occupancy of Right-of-Way › Section 24VAC30-151-260 - Railroad crossing permit requests from railroad companies

Current through Register Vol. 40, No. 24, July 15, 2024
A. Operations by
				  the railroad company shall conform to applicable statutes of the Code of
				  Virginia in regard to construction and maintenance of the crossing surface,
				  signing and other warning devices, blocking of crossing, etc.
B. In the event of future widening of the
				  highway, the permittee shall lengthen the crossing surface, relocate signs and
				  signals, etc., as may be necessary, at no expense to the
				  Commonwealth.
C. Suitable
				  construction bond shall be required when the construction work is to be
				  performed by a contractor for the railroad.
Statutory Authority
§ 33.1-12 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part V - Occupancy of Right-of-Way › Section 24VAC30-151-270 - Railroad crossing permit requests by other companies

Current through Register Vol. 40, No. 24, July 15, 2024
Where a person, firm or chartered company engaged in
					 mining, manufacturing or lumber getting, as defined in § 33.2-252 of the
					 Code of Virginia, applies directly for a permit to construct a tramway or
					 railroad track across the right-of-way, a permit may be issued under the
					 following conditions:
1. Operations by
				  the permittee shall conform to applicable statutes of the Code of Virginia in
				  regard to construction and maintenance of the crossing surface, signing and
				  other warning devices, blocking of crossing, etc.
2. In the event of future widening of the
				  highway, the permittee shall lengthen the crossing surface, relocate signs and
				  signals, etc., as may be necessary, at no expense to the
				  Commonwealth.
3. The permittee
				  shall furnish a performance and indemnifying bond of such amounts as VDOT deems
				  necessary and agree to continue the same in force so long as the crossing is in
				  place.
4. The permittee shall
				  notify VDOT prior to the permittee transferring ownership of a crossing so that
				  proper arrangement can be made for the transfer of permitted
				  responsibilities.
Statutory Authority: § 33.2-210 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part V - Occupancy of Right-of-Way › Section 24VAC30-151-280 - Springs and wells

Current through Register Vol. 40, No. 24, July 15, 2024
In the acquiring of right-of-way, it is often necessary for
					 VDOT to acquire lands where springs, wells and their facilities are located. It
					 is the policy of VDOT to acquire these springs, wells and their facilities
					 along with the land on which they are located. When so acquired, the landowner
					 having previous use of these springs, wells and their facilities may be granted
					 a permit to use these springs, wells and their facilities until the
					 Commissioner of Highways shall, by written notice, advise that the permit is
					 terminated. The issuing of the permit shall in no way obligate VDOT to maintain
					 the springs, wells or facilities.
Statutory Authority
§ 33.1-12 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part V - Occupancy of Right-of-Way › Section 24VAC30-151-290 - Public telephones

Current through Register Vol. 40, No. 24, July 15, 2024
Public telephone booths may be allowed at rest areas and
					 other locations as provided in
					 23 CFR
					 752.5 and allowed at other locations when a
					 definite need is documented. Telephone booths may be allowed when a definite
					 need exists to serve the traveling public, such as:
1. At wayside areas, if well removed from
				  access to off right-of-way public telephone stations.
2. At other isolated areas sufficiently
				  removed from existing off right-of-way public telephone stations as to impair
				  the safety and convenience of traffic, provided that:
a. No private land is available or suitable
				  for location of booth;
b. The
				  location meets all safety requirements as to sight distance, access roads and
				  parking; and
c. All costs
				  incidental to providing turnout and parking area are borne by the telephone
				  company.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part VI - Utilities › Section 24VAC30-151-300 - General provisions governing utilities

Current through Register Vol. 40, No. 24, July 15, 2024
Utility installations on all highway rights-of-way shall
					 comply with the following provisions:
1. Overhead or underground utilities may be
				  installed across any right-of-way by a utility under a permit. Requests for
				  accommodations within the right-of-way shall be submitted to and reviewed by
				  the district administrator's designee. These regulations govern all
				  rights-of-way and apply to public and private utilities. These regulations also
				  govern the location, design, methods and financial responsibility for
				  installing, adjusting, accommodating and maintaining utilities.
2. Utility lines shall be located to minimize
				  the need for later adjustments to accommodate future highway improvements and
				  to allow servicing of the lines with minimum interference to highway traffic.
				  Utility lines residing within the highway right-of-way shall conform to the
				  type of highway and specific conditions for the highway section involved.
				  Utility installations within the highway right-of-way and attachments to
				  highway structures shall be of durable materials, designed for long service
				  life and relatively free from the need for routine servicing and maintenance.
				  All temporary attachments to highway structures must be approved by
				  VDOT.
3. The permittee assumes full
				  responsibility for any and all damages caused by improperly installed
				  facilities within the right-of-way under permit (single use or districtwide);
				  therefore, the permittee must make every effort to install its facilities
				  properly so as to preclude the possibility of damage.
4. The permittee is responsible for the
				  continuing maintenance of its facilities placed within the right-of-way under
				  permit.
5. Any conflicts with
				  existing utility facilities shall be resolved between the permittee and the
				  existing utility owner.
6.
				  Utilities shall not be attached to a bridge or other structure unless the
				  utility owner can demonstrate that the installation and maintenance methods
				  will not interfere with VDOT's ability to maintain the bridge or other
				  structure, will not impact the durability and operational characteristics of
				  the bridge or other structure, and except for installation, will not require
				  access from a limited access highway. The attachment method must be approved by
				  VDOT (see 24VAC30-151-430 ).
7. The encasement of underground utility
				  crossings shall be in accordance with
				  24VAC30-151-370.
Statutory Authority
§ 33.1-12 of the Code of
						Virginia.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part VI - Utilities › Section 24VAC30-151-310 - Utility installations within limited access highways

Current through Register Vol. 40, No. 24, July 15, 2024
Utility installations on all limited access highways shall
					 comply with the following provisions:
1. Requests for all utility installations
				  within limited access right-of-way shall be reviewed and, if appropriate, be
				  approved by the Commissioner of Highways prior to permit issuance.
2. New utilities will not be permitted to be
				  installed parallel to the roadway longitudinally within the controlled or
				  limited access right-of-way lines of any highway, except that in special cases
				  or under resource sharing agreements such installations may be permitted under
				  strictly controlled conditions and then only with approval from the
				  Commissioner of Highways. However, in each such case the utility owner must
				  show the following:
a. That the installation
				  will not adversely affect the safety, design, construction, operation,
				  maintenance or stability of the highway.
b. That the accommodation will not interfere
				  with or impair the present use or future expansion of the highway.
c. That any alternative location would be
				  contrary to the public interest. This determination would include an evaluation
				  of the direct and indirect environmental and economic effects that would result
				  from the disapproval of the use of such right-of-way for the accommodation of
				  such utility.
d. In no case will
				  parallel installations within limited access right-of-way be permitted that
				  involve tree removal or severe tree trimming.
Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part VI - Utilities › Section 24VAC30-151-330 - Overhead utility installations within nonlimited access highways

Current through Register Vol. 40, No. 24, July 15, 2024
A. Overhead utility
				  crossings shall be located on a line that is perpendicular to the highway
				  alignment. Longitudinal installations shall be located on a uniform alignment
				  as near as possible to the right-of-way line to provide a safe environment and
				  space for future highway improvements and other utility
				  installations.
B. Overhead
				  longitudinal utilities may be installed on all nonlimited access highways,
				  except in scenic areas as follows:
1.
				  Overhead utilities may be installed within nonlimited access right-of-way by a
				  utility company under permit, including a districtwide permit as allowed under
				  24VAC30-151-30 C 1.
2. All overhead installations, excluding
				  communication tower facilities, shall be located adjacent to the right-of-way
				  line and in accordance with clear zone requirements. Repairs and replacement of
				  similar installations may be performed in existing locations under the existing
				  permit providing the work shall not impede the traveled way. Additional poles,
				  taller poles, or cross-arms require a separate permit.