Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part II - Authority › Section 24VAC30-151-40 - General rules, regulations and requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. A land use permit is valid only on
				  highways and rights-of-way under VDOT's jurisdiction. This permit neither
				  implies nor grants otherwise. County and city permits must be secured for work
				  on roads and streets under their jurisdictions. A land use permit covers the
				  actual performance of work within highway rights-of-way and the subsequent
				  maintenance, adjustments or removal of the work as approved by the central
				  office permit manager or the district administrator's designee. Permits for
				  communications facility towers may only be issued by the Commissioner of
				  Highways. The Commissioner of Highways shall approve all activities within
				  limited access right-of-way prior to permit issuance. All permits shall be
				  issued to the owner of the facility within highway rights-of-way or adjacent
				  property owner in the case of entrance permits. Permits may be issued jointly
				  to the owner and his contractor as agent. The applicant shall comply with all
				  applicable federal, state, county and municipal requirements.
B. Application shall be made for a
				  district-wide permit through the central office permit manager and for single
				  use permits from the district administrator's designee responsible for the
				  county where the work is to be performed. The applicant shall submit site plans
				  or sketches for proposed installations within the right-of-way to VDOT for
				  review, with studies necessary for approval. VDOT may require electronic
				  submission of these documents. Where work is of a continuous nature along one
				  route, or on several routes within one jurisdiction, it may be consolidated
				  into one permit application. For single use permits, such consolidation shall
				  not be for a length greater than two miles. The applicant shall also submit any
				  required certifications for staff performing or supervising the work, and
				  certification that applicable stormwater management requirements are being met.
				  The plans shall include the ultimate development and also any applicable
				  engineering design requirements. VDOT retains the authority to deny an
				  application for or revoke a land use permit to ensure the safety, use, or
				  maintenance of the highway right-of-way, or in cases where a law has been
				  violated relative to the permitted activity.
C. The proposed installation granted by this
				  permit shall be constructed exactly as shown on the permit or accompanying
				  sketch. Distances from edge of pavement, existing and proposed right-of-way
				  line, depths below existing and proposed grades, depths below ditch line or
				  underground drainage structures, or other features shall be shown. Any existing
				  utilities within close proximity of the permittee's work shall be shown.
				  Location of poles, guys, pedestals, relief valves, vent pipes, etc. shall be
				  shown. Height of wires or cables above the crown of the roadway shall be
				  shown.
D. In the event of an
				  emergency situation that requires immediate action to protect persons or
				  property, work may proceed within the right-of-way without authorization from
				  the district administrator's designee; however, the permittee must contact the
				  VDOT Emergency Operations Center as soon as reasonably possible but no later
				  than 48 hours after the end of the emergency situation.
E. The land use permit is not valid unless
				  signed by the central office permit manager or the district administrator's
				  designee.
F. The permittee shall
				  secure and carry sufficient insurance to protect against liability for personal
				  injury and property damage that may arise from the work performed under the
				  authority of a land use permit and from the operation of the permitted
				  activity. Insurance must be obtained prior to start of permitted work and shall
				  remain valid through the permit completion date. The central office permit
				  manager or the district administrator's designee may require a valid
				  certificate or letter of insurance from the issuing insurance agent or agency
				  prior to issuing the land use permit.
G. VDOT and the Commonwealth shall be
				  absolved from all responsibilities, damages and liabilities associated with
				  granting the permit. All facilities shall be placed and maintained in a manner
				  to preclude the possibility of damage to VDOT owned facilities or other
				  facilities placed within the highway right-of-way by permit.
H. A copy of the land use permit and approved
				  site plans or sketches shall be maintained at every job site and such items
				  made readily available for inspection when requested by authorized personnel.
				  Strict adherence to the permit is required at all times. Any activity other
				  than that described in the permit shall render the permit null and void. Any
				  changes to the permit shall be coordinated and approved by the district
				  administrator's designee prior to construction.
I. For permit work within the limits of a
				  VDOT construction project, the permittee must obtain the contractor's consent
				  in writing before the permit will be issued. The permittee shall coordinate and
				  schedule all permitted work within the limits of a VDOT construction project to
				  avoid conflicts with contracted work.
J. Disturbances within the right-of-way shall
				  be kept to a minimum during permitted activities. Permit applications for
				  proposed disturbances within the right-of-way that include disturbance on
				  property directly adjacent to the right-of-way, in which the combined area of
				  disturbance constitutes a land-disturbing activity as defined in §
				  10.1-560 of the Code of Virginia and the Virginia Stormwater Management Program
				  (VSMP) Permit Regulations (see
				  24VAC30-151-760 ), must be
				  accompanied by documented approval of erosion and sediment control plans and
				  stormwater management plans, if applicable, from the corresponding
				  jurisdictional local or state government plan approving authority.
K. Restoration shall be made in accordance
				  with VDOT Road and Bridge Specifications; VDOT Road and Bridge Standards;
				  Virginia Erosion and Sediment Control Handbook, 3rdEdition, a technical guide
				  to the Erosion and Sediment Control Regulations; and the Virginia Stormwater
				  Management Handbook, 1st edition, Volumes 1 and 2, a technical guide to the
				  Virginia Stormwater Management Program (VSMP) Permit Regulations (see
				  24VAC30-151-760 ).
Additionally, the permittee shall:
1. Ensure compliance with the Erosion and
				  Sediment Control Regulations and the Virginia Stormwater Management Program
				  (VSMP) Permit Regulations (see
				  24VAC30-151-760 ).
2. Ensure copies of approved erosion and
				  sediment control plans, stormwater management plans, if applicable, and all
				  related non-VDOT issued permits are available for review and posted at every
				  job site at all times.
3. Take all
				  necessary precautions to ensure against siltation of adjacent properties,
				  streams, etc. in accordance with VDOT's policies and standards and the Virginia
				  Erosion and Sediment Control Handbook, 3rd edition, and the Virginia Stormwater
				  Management Manual (see
				  24VAC30-151-760 ).
4. Keep dusty conditions to a minimum by
				  using VDOT-approved methods.
5. Cut
				  pavement only as approved by the district administrator's designee. Pavement
				  cuts, restoration and compaction efforts, to include all materials, shall be
				  accomplished in accordance with VDOT Road and Bridge Specifications (see
				  24VAC30-151-760 ).
6. Ensure that an individual certified by
				  VDOT in erosion and sediment control is present whenever any land-disturbing
				  activity governed by the permit is performed. All land disturbance activities
				  performed under a VDOT land use permit shall be in accordance with all local,
				  state, and federal regulations. The installation of underground facilities by a
				  boring method shall only be deemed as a land-disturbing activity at the
				  entrance and exit of the bore hole and not the entire length of the
				  installation.
7. Stabilize all
				  disturbed areas immediately upon the end of each day's work and reseed in
				  accordance with VDOT Road and Bridge Specifications (see
				  24VAC30-151-760 ). Temporary
				  erosion and sediment control measures shall be installed in areas not ready for
				  permanent stabilization.
8. Ensure
				  that no debris, mud, water, or other material is allowed on the highways.
				  Permission, documented in writing or electronic communication, must be obtained
				  from VDOT prior to placing excavated materials on the pavement. When so
				  permitted, the pavement shall be cleaned only by approved VDOT
				  methods.