Title 24 VAC — Transportation and Motor Vehicles

Agency 5 Virginia Aviation Board

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

24VAC5-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment, or repeal of the regulations of the Virginia Aviation Board. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 5.1-2.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 10, eff. March 3, 2011.

24VAC5-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Virginia Aviation Board, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc advisory panel of interested parties established by an agency to consider issues that are controversial with the assistance of a facilitator or mediator, for the purpose of reaching a consensus in the development of a proposed regulatory action.

"Notification list" means a list used to notify persons pursuant to this chapter. Such a list may include an electronic list maintained through the Virginia Regulatory Town Hall or other list maintained by the agency.

"Open meeting" means any scheduled gathering of a unit of state government empowered by an agency's basic law to make regulations or decide cases, which is related to promulgating, amending, or repealing a regulation.

"Person" means any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulation" means any statement of general application having the force of law, affecting the rights or conduct of any person, adopted by the agency in accordance with the authority conferred on it by applicable laws.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, that has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, that is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 5.1-2.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 10, eff. March 3, 2011.

Part II Notification of Interested Persons

24VAC5-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

B. Any person may request to be placed on a notification list by registering as a public user on the Town Hall or by making a request to the agency. Any person who requests to be placed on a notification list shall elect to be notified either by electronic means or through a postal carrier.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

D. When electronic mail is returned as undeliverable on multiple occasions at least 24 hours apart, that person may be deleted from the list. A single undeliverable message is insufficient cause to delete the person from the list.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

F. The agency may periodically request those persons on the notification list to indicate their desire to either continue to be notified electronically, receive documents through a postal carrier, or be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 5.1-2.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 10, eff. March 3, 2011.

24VAC5-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 24VAC5-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 5.1-2.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 10, eff. March 3, 2011.

Part III Public Participation Procedures

24VAC5-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to submit data, views, and arguments, either orally or in writing, to the agency. Such opportunity to comment shall include an online public comment forum on the Town Hall.

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

D. If the Governor finds that one or more changes with substantial impact have been made to a proposed regulation, he may require the agency to provide an additional 30 calendar days to solicit additional public comment on the changes in accordance with § 2.2-4013 C of the Code of Virginia.

E. The agency shall send a draft of the agency's summary description of public comment to all public commenters on the proposed regulation at least five days before final adoption of the regulation pursuant to § 2.2-4012 E of the Code of Virginia.

History

Statutory Authority: §§ 2.2-4007.02 and 5.1-2.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 10, eff. March 3, 2011.

24VAC5-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider, and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 5.1-2.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 10, eff. March 3, 2011.

24VAC5-11-70 Appointment of regulatory advisory panel

A. The agency may appoint a regulatory advisory panel (RAP) to provide professional specialization or technical assistance when the agency determines that such expertise is necessary to address a specific regulatory issue or action or when individuals indicate an interest in working with the agency on a specific regulatory issue or action.

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 5.1-2.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 10, eff. March 3, 2011.

24VAC5-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 5.1-2.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 10, eff. March 3, 2011.

24VAC5-11-90 Meetings

Notice of any open meeting, including meetings of a RAP or NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth Calendar at least seven working days prior to the date of the meeting. The exception to this requirement is any meeting held in accordance with § 2.2-3707 D of the Code of Virginia allowing for contemporaneous notice to be provided to participants and the public.

History

Statutory Authority: §§ 2.2-4007.02 and 5.1-2.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 10, eff. March 3, 2011.

24VAC5-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

D. Notice of any public hearing shall be posted on the Town Hall and Commonwealth Calendar at least seven working daysprior to the date of the hearing. The agency shall also notify those persons who requested a hearing under subdivision C 3 of this section.

History

Statutory Authority: §§ 2.2-4007.02 and 5.1-2.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 10, eff. March 3, 2011.

24VAC5-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 5.1-2.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 27, Issue 10, eff. March 3, 2011.

Chapter 20 Regulations Governing the Licensing and Operation of Airports and Aircraft and Obstructions to Airspace in the Commonwealth of Virginia

Part I Definitions

24VAC5-20-10 Definitions

Words or terms defined in § 5.1-1 of the Code of Virginia are incorporated by reference. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Aircraft" means any contrivance now known or hereafter invented that is controlled, used, and usually occupied by a person for the purpose of navigation and transportation through the air, excepting "hang glider" as defined in § 5.1-1 of the Code of Virginia. Commonly recognized names for aircraft include planes, helicopters, seaplanes, ultralights, and hot air balloons.

"Airline" means an air carrier operation under Federal Aviation Regulations 14 CFR Part 119, 14 CFR Part 121, 14 CFR Part 129, or 14 CFR Part 135 providing scheduled passenger service.

"Airport sponsor" means an entity that is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants, and other obligations required for an airport.

"Antique aircraft" means any aircraft constructed by the original manufacturer or the manufacturer's licensee on or before December 31, 1945.

"Approach surface" means a surface longitudinally centered on the extended runway centerline and extending outward and upward. An approach surface is applied to each end of each runway.

"Aviation" means activities and infrastructure related to transportation by air, including (i) the operation, construction, repair, or maintenance of aircraft, aircraft power plants, and accessories; (ii) the establishment, design, construction, extension, operation, improvement, repair, or maintenance of airports or landing areas; and (iii) navigable airspace, other air navigation facilities, and air instruction.

"Commercial operator" means a person, except an airline, who operates any aircraft for the purpose of rental or charter or for other purposes from which revenue is derived.

"Contract carrier permit" means a permit issued by the department to contract carriers operating under Federal Aviation Regulations 14 CFR Part 61, 14 CFR Part 135, or 14 CFR Part 141 for transport of passengers or freight on demand by air. Owners of aircraft who contract to provide flight instruction in their aircraft for profit are required to have a contract carrier permit.

"Day/VFR Use Only License" means a conditional airport license issued with the restriction that operations at the airport can only occur between sunrise and sunset and only under Visual Flight Rules (VFR) for the purpose of allowing continuing operations at an airport that is not in compliance with the minimum requirement for approach surfaces.

"Department" means the Virginia Department of Aviation.

"Effective runway length" means the distance from the point at which the obstruction clearance plane associated with the approach end of the runway intersects the centerline of the runway and the far end thereof.

"Hazard" means a fixed or mobile structure or object, natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to the landing or taking off of aircraft.

"Helipad" means a small designated area, usually with a prepared surface, on an airport, heliport, landing/takeoff area, apron/ramp, or movement area used for the takeoff, landing, or parking of helicopters.

"Heliport" means (i) an identifiable area on land, water, or structure, including a building or facilities thereon, used or intended to be used for the landing and takeoff of helicopters or other rotorcraft or (ii) appurtenant areas that are used, or intended for use, for heliport buildings or other heliport facilities including rights-of-way, easements, and all heliport buildings and facilities located thereon.

"Noncommercial dealer" means a person who owns and offers for sale a minimum of three aircraft during any consecutive 12-month period, which aircraft are not used for personal use, rental, charter, or for a purpose from which revenue is derived.

"Obstacle" means a fixed or mobile object that interferes with the situating or operation of navigational aids or that may control the establishment of instrument procedures. An obstacle could be located on an area intended for the ground movement of aircraft or would extend above the approach surfaces intended to protect aircraft in flight or the runway object free area.

"Obstruction" means an object, obstacle, or structure that penetrates the approach surfaces or runway object free area at an aircraft landing area. The obstruction may be man-made or of natural growth, including trees.

"Obstruction clearance plane" means a plane sloping upward from the runway at a slope meeting the appropriate requirements to clear all obstructions within a specified area as shown in a profile view of that area.

"Private-Use Landing Area License" means a license issued for a facility not open for public use, including airports, heliports, helipads, and seaplane bases, that is within five nautical miles of a licensed public-use airport, in accordance with § 5.1-7 of the Code of Virginia.

"Runway" means a rectangular surface area that may be turf, paved, or water course that is designed specifically for the purpose of approaching and landing and taking-off and departing of aircraft.

"Runway object free area" means an imaginary area centered on the runway centerline that is clear of aboveground objects protruding above the runway centerline, except for allowable objects necessary for air navigation or aircraft ground maneuvering purposes.

"Runway safety area" means a rectangular area symmetrical about the runway centerline, which includes the runway, runway shoulders, and safety overruns, if present. The portion abutting the edge of the runway shoulders, runway ends, and safety overruns is cleared, drained, graded, and usually turfed. Under normal conditions, the runway safety area is capable of supporting snow removal, firefighting, and rescue equipment and of accommodating the occasional passage of aircraft without causing major damage to the aircraft.

"Safety overrun'' or "stopway" means an area beyond the takeoff runway, no less wide than the runway and centered upon the extended centerline of the runway, able to support an aircraft during an aborted takeoff without causing structural damage to the aircraft and designated by the airport authorities for use in decelerating the aircraft during an aborted takeoff.

"Seaplane base" means an area of water used or intended to be used for the landing and takeoff of aircraft, together with appurtenant shoreside buildings and facilities.

"Structure" means (i) a man-made object, including a mobile object, constructed or erected by man, including buildings, towers, cranes, smokestacks, earth formations, overhead transmission lines, flag poles, and ship masts or (ii) natural objects, including trees.

"Threshold" means the beginning of that portion of the runway identified for the landing of aircraft. A threshold may be displaced, or moved down the runway, to provide for adequate safety provisions.

"UAS" means unmanned aircraft system.

"Ultralight" means an aircraft that (i) is used or intended to be used for manned operation in the air by a single occupant; (ii) is used or intended to be used for recreation and sport purposes only; (iii) does not have a United States or foreign air worthiness certificate; (iv) weighs less than 254 pounds empty weight, excluding floats and safety devices that are intended for deployment in a potentially catastrophic situation; (v) has a fuel capacity not exceeding five United States gallons; and (vi) is not capable of more than 55 knots calibrated airspeed at full power in level flight and has a power-off stall speed that does not exceed 24 knots calibrated airspeed.

"Unmanned aircraft" means an aircraft that is operated without the possibility of human intervention from within or on the aircraft.

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 1.1, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013; Volume 40, Issue 3, eff. October 25, 2023.

Part II Aircraft

24VAC5-20-20 Aircraft to be licensed

Every resident of this state owning a civil aircraft, every nonresident owning a civil aircraft based in this state over 60 days during a 12-month period, all aerial application aircraft operating within this state and every owner of a civil aircraft operated in this state as a for-hire intrastate air carrier shall, before the same is operated in this state, apply to the department for, and obtain from the department, an aircraft license for such civil aircraft.

No aircraft as defined in § 5.1-1 of the Code of Virginia, except a public aircraft or a balloon, shall be licensed by the department unless and until the applicant thereof furnishes proof of financial responsibility in the amounts required for each aircraft for which a license is applied for.

Except as provided below, the tax on the sale or use of an aircraft required to be licensed by this Commonwealth shall be paid by the purchaser or user of such aircraft and collected by the Virginia Tax Commissioner prior to the time the owner applies to the Department of Aviation for, and obtains, such license.

The tax on the gross receipts from each aircraft licensed for commercial use shall be paid by the dealer to the Virginia Tax Commissioner on or before the 20th day of each month.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 2.1, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.

24VAC5-20-30 Application for aircraft license

An owner or owners who hold a currently effective registration certificate for an aircraft issued by the Federal Aviation Administration shall make application for an aircraft license upon appropriate forms to be prescribed and furnished by the department. Such owner or owners shall provide all information as requested thereon, provided, however, the failure of the Federal Aviation Administration to require registration of an aircraft, including, for example an ultralight, shall not of itself operate to excuse the owner thereof from the licensing requirements contained in 24VAC5-20-20. The owner shall certify every application for an aircraft license.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 2.2, eff. September 9, 1992.

24VAC5-20-40 Expiration and renewal of licenses

Every aircraft license issued by the department shall expire 12 months from date of issuance, except for antique aircraft as provided in this section, unless sooner suspended or revoked by the department. Every such license shall be renewed annually upon application of the owner on appropriate forms prescribed and furnished by the department and upon payment of the fees required by this chapter, such renewal shall take effect on the date of issuance.

Every antique aircraft license issued by the department shall expire on the date of sale of such aircraft, unless sooner suspended or revoked by the department.

No license issued by the department for an aircraft shall be transferable.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 2.3, eff. September 9, 1992.

24VAC5-20-50 License decals to be carried or displayed

The aircraft license decal issued by the department for an aircraft required to be licensed by this chapter shall be displayed at all times centered below the right-hand horizontal stabilizer on the fuselage or immediately aft of the cabin entry door of such aircraft; it shall be readily visible from the outside of such aircraft and shall be subject to inspection by any person charged with the duty of enforcing the aviation laws of this state.

Aircraft license decals issued to antique aircraft and balloons may, in lieu of being displayed, be carried with the aircraft papers in such aircraft and shall be subject to inspection by any person charged with the duty of enforcing the aviation laws of this state.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 2.4, eff. September 9, 1992.

24VAC5-20-60 Transfer of registration or interest in aircraft; surrender of license

The owner of an aircraft licensed by the department under the provisions of this chapter who transfers or assigns his registration or interest in such aircraft shall immediately notify the department in writing of such transfer or assignment and shall furnish the department with the name and address of the person to whom such transfer or assignment was made and shall remove or obliterate the decal license so as to indicate its cancellation prior to delivery of the aircraft to the transferee or assignee and shall request the department to cancel such decal license.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 2.5, eff. September 9, 1992.

24VAC5-20-70 Commercial, noncommercial and dealer's licensing

Persons engaged in commercial operations may obtain commercial single aircraft licenses or a commercial fleet license covering all aircraft owned by any such dealer or commercial carrier.

Noncommercial dealer aircraft licenses shall be issued to dealers for demonstration flights only. This license shall not be valid while the aircraft is being used for personal use, rental, charter or for any purpose from which revenue is derived.

Commercial single, commercial fleet or noncommercial dealer aircraft licenses will be issued in lieu of regular licensing for each aircraft and may be obtained from the department upon application therefore upon a form prescribed by the department and the payment of the fees required by this chapter. Such license shall expire one year from the date of the issuance of such license. Upon the issuance of such license, the department shall issue to such licensee decals of distinguishing color which shall be displayed by such licensee as required by 24VAC5-20-50.

Commercial fleet and noncommercial dealers shall submit to the department a report every three months, or quarterly, on forms provided by the department, listing all aircraft owned, leased, sold or purchased, or for sale by such operator during the previous three-month period.

All corporate applicants applying for commercial licenses shall be Virginia corporations or duly authorized to transact business in Virginia.

Such dealer decals may be used on aircraft owned by such dealer when operated in this state by such dealer or his authorized representatives for demonstration for sale.

Commercial air carriers licensed under a commercial fleet aircraft license and providing regular scheduled air service shall be exempt from displaying licensing decals.

Any aircraft sold to or used by the United States or any of the governmental agencies thereof, the Commonwealth of Virginia or any political subdivision thereof, shall be exempt from such commercial license requirements.

Any aircraft operated by any air carrier operating under 14 CFR Part 119, 121, 129 or 135, providing scheduled passenger service, shall be exempt from such commercial license requirements.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 2.6, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.

24VAC5-20-80 Commercial operators

In addition to the licensing requirements identified in 24VAC5-20-70, any person who proposes to operate or engage in business as a contract carrier by aircraft, to include carrying passengers or property on demand, pursuant to 14 CFR Part 135, or providing student flight instruction for a fee, pursuant to 14 CFR Part 61 or 141, must first secure a contract carrier permit from the department authorizing them to conduct such operation or to engage in such business. Such permit may be obtained from the department upon application thereof upon a form prescribed by the department and the payment of a one-time fee of $50.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 2.7, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.

24VAC5-20-90 Lease or rental of unlicensed aircraft

It shall be unlawful for any person to lease or rent an unlicensed aircraft to any person.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 2.8, eff. September 9, 1992.

24VAC5-20-100 Operation of aircraft

All aircraft operations shall be conducted in conformity with Federal Aviation Regulations as amended from time to time and violation of such federal regulations shall also constitute a violation of this chapter.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 2.9, eff. September 9, 1992.

24VAC5-20-110 Fees

The annual fee for a license or renewal thereof: noncommercial aircraft shall be $5.00; commercial single aircraft shall be $10; noncommercial dealer aircraft shall be $50 and commercial fleet aircraft shall be $75 payable at the time of application.

The fee for replacement of a lost license shall be $2.00 for either noncommercial or commercial aircraft licenses upon satisfactory proof that such replacement is necessary or in the public interest.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 2.10, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.

Part III Airports and Landing Areas

24VAC5-20-120 Licenses

A. Airports and landing areas, except private landing areas as set forth in § 5.1-7.2 of the Code of Virginia, shall be licensed by the department pursuant to § 5.1-7 of the Code of Virginia and 24VAC5-20-140. Private landing areas as defined in § 5.1-7.2 of the Code of Virginia shall only be registered as provided for in 24VAC5-20-170.

B. Airports and landing areas that are issued licenses pursuant to § 5.1-7 of the Code of Virginia shall be open to the general public on a nondiscriminatory basis. An application for a license shall be signed by the airport sponsor, under oath, on a form prescribed by the department and submitted to the department accompanied by the required supporting documents as specified on the form. An initial license, or renewal thereof, will be issued following department review and determination of compliance with § 5.1-7 of the Code of Virginia and 24VAC5-20-140. A license shall remain in effect for the period specified until modified, suspended, or revoked by the department.

C. Airport sponsors proposing to add or extend runways of an airport or landing area shall apply for a modified license pursuant to § 5.1-7 of the Code of Virginia.

D. If an airport or landing area should continually cease to be open to the public for one year and the airport sponsor wants to reopen the facility to the public, the airport sponsor must reapply for a license in accordance with § 5.1-7 of the Code of Virginia and this section and must be in compliance with 24VAC5-20-140.

E. Licenses must be renewed every seven years or at the discretion of the department based on demonstrated need. License expirations shall be staggered in accordance with criteria set by the department, which include, but are not limited to, changes in legislation, standards, policy, processes, and procedures.

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 3.1, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.

24VAC5-20-130 (Repealed.)

Historical Notes

Derived from VR 165-01-02:1 § 3.2; repealed, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.

24VAC5-20-140 Minimum requirements for licensing

A. The minimum requirements that are required for initial and continued licensing under § 5.1-7 of the Code of Virginia shall provide for:

An effective runway length of at least 2,000 feet for each direction of operation;
A minimum runway width of 50 feet;
A minimum runway safety area length equal to the length of the runway plus 100 feet at each end of the runway;
A minimum runway safety area width of 120 feet centered on the runway centerline;
A minimum unobstructed approach surface of 15:1 horizontal to vertical slope at each end of the runway;
An approach surface that is centered along the runway centerline and that begins at the threshold at a width of 250 feet, expands uniformly for a distance of 2,250 feet to a width of 700 feet, and continues at the width of 700 feet for a distance of 2,750 feet;
A minimum unobstructed runway object free area length equal to the length of the runway;
A minimum unobstructed runway object free area width of 250 feet centered on the runway centerline; and
A displaced threshold, if an approach surface to either physical end of the runway is obstructed and the obstacle cannot be removed, that shall be located down the runway at the point where the obstruction clearance plane intersects the runway centerline.

B. The minimum requirements for the initial and continued licensing of an airport under the conditional Day/VFR Use Only License in accordance with 24VAC5-20-275 shall provide for:

An effective runway length of 2,000 feet in each direction of operation;
A minimum runway width of 50 feet;
A minimum runway safety area length equal to the length of the runway plus 100 feet at each end of the runway;
A minimum runway safety area width of 120 feet centered on the runway centerline;
A minimum unobstructed approach surface of 15:1 horizontal to vertical slope at each end of the runway; and
An approach surface that is centered along the runway centerline and that begins at the threshold at a width of 120 feet, expands uniformly for a distance of 500 feet to a width of 300 feet, and continues at the width of 300 feet for a distance of 2,500 feet.

C. The minimum requirements for the initial and continued licensing of a heliport open for public use under § 5.1-7 of the Code of Virginia shall provide for minimum standard dimensions as provided in the Federal Aviation Administration Advisory Circular 150/5390-2B Heliport Design, effective September 30, 2004.

D. The minimum requirements for the initial and continued licensing of a seaplane base open for public use under § 5.1-7 of the Code of Virginia shall provide for minimum standard dimensions as provided in the Federal Aviation Administration Advisory Circular 150/5395 Seaplane Bases, effective June 29, 1994.

E. In addition to the investigation required for safety provisions as outlined in § 5.1-7 of the Code of Virginia, a detailed consideration of the economic, social, and environmental effects of the airport location shall be conducted for applications for new and modified licenses. These considerations shall include one or more public hearings as required to assure consistency with the goals and objectives of planning as has been carried out by the community.

F. Proof of financial responsibility prescribed in Chapter 8.2 (§ 5.1-88.7 et seq.) of Title 5.1 of the Code of Virginia must be furnished at the time of application of license, and this financial responsibility thereafter must be maintained.

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 3.3, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.

24VAC5-20-145 Waiver of minimum requirements

A. Upon application by an airport sponsor, setting forth the reason or reasons that one or more requirements sought to be waived cannot be met, the board may waive compliance of requirements of 24VAC5-20-140. In the waiver, the board shall specify the minimum requirement or requirements covered by the waiver and set terms for the waiver, including the time period for the waiver.

B. Considerations for granting the waiver shall be limited to (i) a determination of no hazard based on a Federal Aviation Administration airspace evaluation and implementation of mitigation recommendations if applicable, (ii) a determination of impracticality due to topography, or (iii) a benefit cost analysis proving improvements as financially unfeasible.

C. An airport having a license issued prior to October 1, 1995, and not meeting one or more minimum requirements for licensure in effect on October 1, 1995, shall be exempt from having to comply with those noncomplying requirements for as long as the airport remains an active public-use facility unless those noncomplying requirements are caused by natural growth.

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.

24VAC5-20-150 Transfer of licenses

A. No license issued by the department for the operation of an airport or landing area may be transferred by the licensee without first obtaining the approval of the department.

B. Application for approval of a transfer of a license shall be made on the form prescribed by the department and accompanied by the required supporting documents as specified on the form. Approval may be granted only after satisfactory evidence has been submitted that shows the proposed transferee (i) is capable of operating the airport or landing area in accordance with the laws of this Commonwealth and these regulations and (ii) is financially responsible per Chapter 8.2 (§ 5.1-88.7 et seq.) of Title 5.1 of the Code of Virginia and has paid or guaranteed payment of all financial commitments due the Commonwealth under Chapter 1 (§ 5.1-1 et seq.) of Title 5.1 of the Code of Virginia or this chapter.

C. Before a transfer shall be made, the transferee by written agreement shall assume the unfulfilled obligation to the Commonwealth to operate the airport or landing area under any and all agreements executed by any prior licensee or licensees of such airport or landing area to procure state funds for the airport or landing area.

D. Upon conveyance, death, dissolution, or bankruptcy of a licensee, the department should be notified of the occurrence within 60 days, and the airport license may be transferred upon approval of the department.

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 3.4, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.

24VAC5-20-160 Seaplane bases

Seaplane bases may be established in, over, and upon any waters of this Commonwealth or any submerged land under such waters. Seaplane bases used or intended for public use need to be licensed in accordance with 24VAC5-20-120 and 24VAC5-20-140. Seaplane bases not used or intended for public use need to be registered or licensed in accordance with 24VAC5-20-170.

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 3.5, eff. September 9, 1992; amended, Virginia Register Volume 30, Issue 4, eff. November 20, 2013.

24VAC5-20-170 Private airports or landing areas

A. A person establishing or owning a private landing area, including airports, heliports, helipads, and seaplane bases, shall be required only to register the facility if it is more than five nautical miles from a licensed public-use airport.

B. A person establishing or owning a private landing area, including airports, heliports, helipads, and seaplane bases, within five nautical miles of a licensed public-use airport shall be required to secure a Private-use Landing Area License for the facility if the applicant airport does not pose a hazard to the airspace and utilization by aircraft of the licensed public-use airport in question. These licenses shall be issued once and do not have to be renewed.

C. Application for the registration or licensing of a private landing area, including airports, heliports, helipads, and seaplane bases, shall be made on the form prescribed by the department and accompanied by the required supporting documents as specified on the form, including written documentation with respect to zoning, special use permit, or other land use requirements.

D. Aircraft landing at private landing areas, including airports, heliports, helipads, and seaplane bases, shall have prior approval of the landowners or controlling agency when reasonably practical. Aircraft landing at other than licensed public-use airports without prior approval shall not be removed therefrom without the consent of the owner or lessee of the property.

E. Privately-owned or publicly-owned hospitals may establish and maintain airports, heliports, helipads, or landing areas and may restrict the public use of these facilities to the takeoff and landing of aircraft for hospital related uses only.

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 3.6, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.

24VAC5-20-180 Fees

A. The fee for issuing a license for an airport, heliport, seaplane base, or landing area open for public use in accordance with 24VAC5-20-120 shall be $25. The fee for a license renewal, modification, or transfer shall be $25.

B. No fee is charged for licensing a private-use landing area under 24VAC5-20-120 or registering a private-use landing area under 24VAC5-20-170.

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 3.7, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.

Part IV Obstructions to Airspace

24VAC5-20-190 Determination of hazard

The airport sponsor shall be responsible for insuring that an aeronautical study is conducted when needed to satisfy the requirements of this regulation to determine the effect of a structure, either man-made or natural, that penetrates the approach surfaces or runway object free area upon the safe and efficient operation of a licensed, military, or government air navigation facility or airport. This determination shall be made based on criteria as defined by 24VAC5-20-200. If a structure constitutes an obstruction in accordance with these criteria, it shall be presumed to be a hazard until determined otherwise by the board.

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 4.1, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.

24VAC5-20-200 Obstruction criteria

A study required by this chapter shall consider, but not be limited to, at least the following factors: (i) Federal Aviation Regulations 14 CFR 77.25, 14 CFR 77.28, and 14 CFR 77.29; (ii) airport traffic patterns; (iii) Instrument Flight Rules (IFR) airways and routes; (iv) Visual Flight Rules (VFR) routes and designated practice areas; (v) terminal airspace; and (vi) instrument approach procedures.

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 4.2, eff. September 9, 1992; amended, Virginia Register Volume 30, Issue 4, eff. November 20, 2013.

24VAC5-20-210 Obstruction permit procedure

A. This process shall not be applicable in those counties, cities, and towns that have satisfied the local ordinance provisions of § 15.2-2294 of the Code of Virginia.

B. A person seeking an obstruction permit from the board, as required by § 5.1-25.1 of the Code of Virginia, pertaining to structures hazardous to air navigation shall provide to the department a copy of Federal Aviation Administration Form 7460-1 Notice of Proposed Construction or Alternation submitted to the Federal Aviation Administration and a copy of the response from the Federal Aviation Administration when available.

C. Upon receipt of a request, the department shall (i) conduct an analysis of the request using the criteria in 24VAC5-20-190 and 24VAC5-20-200 within 120 days from the date of receipt, unless it advises the applicant that the analysis will require additional time; (ii) supply the applicant with available information pertaining to the obstruction analysis and the date and location of the board meeting at which the request will be presented to the board; and (iii) forward to the board its analysis in the form of a staff report with the recommendations regarding the permit request.

D. The board shall consider a permit request at the next regularly scheduled meeting following the completion of the department staff report. Its consideration may include, but is not limited to, the department's staff report, verbal and written testimony of the applicant, analysis by the Federal Aviation Administration, and comments from the local jurisdiction or jurisdictions where the structure is to be located. All decisions issued by the board shall be issued in writing stating the reasons for same. An affirmative decision may be accompanied by conditions deemed appropriate by the board including, but not limited to, obstruction marking, lighting, and similar safety features.

E. The applicant, if given an affirmative decision by the board, shall not be relieved by that decision of local, state, or federal requirements as to zoning, building, variance, or other permits as may be required.

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 4.3, eff. September 9, 1992; amended, Virginia Register Volume 30, Issue 4, eff. November 20, 2013.

24VAC5-20-220 Model airport safety zoning ordinance

A county, city, or town in the Commonwealth seeking to comply with the mandate of § 15.2-2294 of the Code of Virginia to enact local obstruction ordinances shall abide by the following:

The Model Airport Safety Zoning Ordinance developed by the department shall be used as a guide by localities. A copy of the model ordinance is found in Appendix A (24VAC5-20-400) of this chapter.
The provisions of a locally adopted ordinance shall be in substantial conformity with the Model Airport Safety Zoning Ordinance. Substantial conformity shall include, but not be limited to, protection of airspace from intrusions as described in Articles 3, 4, and 7 of the model.
The department may, at the request of a local governing body, review an ordinance submitted prior to adoption by a locality. In conducting its review, the department shall make an evaluation regarding the integrity of an ordinance with respect to the requisites of the Model Airport Safety Zoning Ordinance. The review of the department may include, but not be limited to, the evaluation with respect to the model ordinance, comments of the locality, and its opinion concerning the expected effectiveness of the ordinance as it relates to the general intent of § 15.2-2294 of the Code of Virginia.

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 4.4, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.

Part V [Repealed]

24VAC5-20-230 (Repealed.)

Historical Notes

Derived from VR 165-01-02:1 §§ 5.1 through 5.5; repealed, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.

Part VI Modification, Suspension, or Revocation of Licenses

24VAC5-20-275 Conditional licenses

A. If at any time an airport does not meet all of the minimum requirements for licensing as set forth in 24VAC5-20-140, a conditional use license shall be issued for a period of 180 days. Conditional licenses shall specify the requirements with which the airport is not in compliance. Upon receipt of notification of nonconformance, the airport sponsor shall issue the appropriate Notice to Airmen for the noncompliant conditions in accordance with 24VAC5-20-140. The Notice to Airmen shall remain in place until the noncompliant condition is resolved.

B. Within 60 days of notification of nonconformance, the airport sponsor must submit a written mitigation plan to the department that includes, but is not limited to, means of resolving noncompliant conditions, a schedule for the performance of the mitigation, and, if applicable, the cost to the Commonwealth. The airport sponsor or designee must present the mitigation plan to the board at the meeting specified in the notification of nonconformance. In response to the presentation, the board will recommend at least one of the following to the department:

Extend the conditional use license for a specified time period;
Issue a "Day/VFR Use Only License";
Issue a waiver in accordance with 24VAC5-20-145;
Revoke the public-use license in accordance with 24VAC5-20-280.

Failure by the airport sponsor or designee to submit a written mitigation plan or failure to present the plan to the board will result in at least one of the actions above being implemented.

C. At any time an airport sponsor may request the department to reclassify its license. Upon reclassification of a license, the airport sponsor shall issue an appropriate Notice to Airmen for a minimum period of 180 days.

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 17, eff. June 12, 1996; amended, Virginia Register Volume 30, Issue 4, eff. November 20, 2013.

24VAC5-20-280 Sanctions, notices, and appeals

A. The department may immediately temporarily modify or suspend a license or permit issued pursuant to Chapter 1 (§ 5.1-1 et seq.) of Title 5.1 of the Code of Virginia and this chapter for violation of any of the provisions of the aviation laws of Virginia or of this chapter, at the instance of any person, upon duly sworn affidavit of the person, or upon its own motion. A sanction shall be effective upon receipt of written notice of the sanction by the licensee at his last known address as disclosed by the records of the department. A temporary sanction shall be effective for a period not to exceed 90 days.

B. The department may revoke a license or permit issued pursuant to Chapter 1 (§ 5.1-1 et seq.) of Title 5.1 of the Code of Virginia and this chapter for violation of any of the provisions of the aviation laws of Virginia or of this chapter, at the instance of a person, by duly sworn affidavit of the person, or upon its own motion. An action shall be effective 10 days after receipt of written notice of the action by the licensee at his last known address as disclosed by the records of the department, unless the licensee shall, before that time, show cause why the sanction should not be imposed.

C. Suspensions or revocations by the department may be appealed by filing a written notice of appeal with the director of the department within 10 days of receipt of the notice of sanction, requesting an opportunity to be heard and to present evidence in an informal fact finding as defined in the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). An opportunity will be afforded by the director within 21 days of receipt by him of the written notice of appeal. The director will give written notice to the licensee of his decision to affirm, modify, or rescind the sanction within 10 days after this hearing.

D. The sanctions enumerated in this regulation shall be cumulative with other enforcement powers conferred upon the department by these regulations or by statute, and no action taken hereunder shall limit the jurisdiction of the department to impose other penalties authorized by these regulations or by statute. From the case decision of the director of the department, an appeal lies as set out in the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 6.1, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996; Volume 30, Issue 4, eff. November 20, 2013.

Part VII General

24VAC5-20-290 Report of accidents

The pilot, or any member of the crew able to do so, or the owner or lessee of an aircraft involved in an accident as defined in 49 CFR Part 830 shall immediately report such accident to the Virginia State Police.

State police and local police authorities of any city, incorporated town or county, shall preserve aircraft wreckage until the arrival of the National Transportation Safety Board (NTSB) or the Federal Aviation Administration. Until the NTSB or its authorized representative takes custody of aircraft wreckage, mail, or cargo, such wreckage, mail and cargo may be disturbed or moved only to the extent necessary:

To remove persons injured or trapped;
To protect the wreckage from further damage; or
To protect the public from injury.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 7.1, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.

24VAC5-20-300 Hazard notification

Public-use airport and landing area owners, operators, and managers shall maintain vigilance as to airport conditions and shall notify the nearest Federal Aviation Administration Flight Service Station and the department whenever known hazards to aircraft exist at an airport or landing area. Known hazards are conditions that create an unsafe situation.

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 7.2, eff. September 9, 1992; amended, Virginia Register Volume 30, Issue 4, eff. November 20, 2013.

24VAC5-20-310 Emergency services

The department, in the interest of the public, will exercise direction and surveillance of the programs of the Department of Emergency Services which relate to aviation within the state.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 7.3, eff. September 9, 1992.

24VAC5-20-320 Use of department's aircraft by other state agencies

Upon request, the department may authorize the use of its aircraft by other state agencies. The department shall be reimbursed by any such agency for such use on the basis of the direct and indirect cost per flying hour of its aircraft as determined by the department. All sums collected for such use shall be credited to the Aviation Special Fund.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 7.4, eff. September 9, 1992.

24VAC5-20-330 Aviation facilities constructed in whole or in part with state funds

Before funds appropriated by the General Assembly of Virginia for the promotion of aviation or the construction or improvement of aviation facilities at a public-use airport, heliport, or seaplane base owned by a county, city, town, individual, corporation, authority, or commission may be allocated, the airport sponsor thereof shall enter into a written agreement with the department, acting through the director, that shall provide for operation of the airport, heliport, or seaplane base as a public-use facility for a minimum period of 20 years or as specified within a written agreement. The airport sponsor of an aviation facility and its transferees, successors, and assignees who fail to fulfill the period of operation specified in any such agreement shall be liable for the return of these state funds on a pro rata basis.

History

Statutory Authority: §§ 5.1-2.2, 5.1-2.15, and 5.1-7 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 7.5, eff. September 9, 1992; amended, Virginia Register Volume 30, Issue 4, eff. November 20, 2013.

24VAC5-20-340 Enforcement

It shall be the duty of the department to assist all law-enforcement officers of this state in the enforcement of the provisions of Title 5.1 of the Code of Virginia and this chapter promulgated pursuant thereto.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 7.6, eff. September 9, 1992.

24VAC5-20-350 Annual aircraft survey and report of financial responsibility

To provide an annual physical count of based aircraft, all Virginia licensed or registered airports shall submit annually a survey of all based aircraft with information as required on a form provided by the department.

Annually, the owner or operator of each licensed airport or landing area shall provide to the department, on appropriate forms prescribed and furnished by the department or by a certificate provided by the insurance carrier setting out the name of the insurance carrier and the coverage provided, the term of such coverage. In the event the coverage is canceled or terminated for any reason, notice of such action shall be filed with the department within 30 calendar days.

The department must receive such annual aircraft survey and annual proof of financial responsibility within 45 days of survey transmittal. Submission of the financial responsibility report is considered a minimum requirement for licensure as described in subdivision 9 of 24VAC5-20-140. Failure to submit both the annual aircraft survey and annual proof of financial responsibility may cause the department to seek sanctions as provided for in Part VI (24VAC5-20-275 et seq.).

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 7.7, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.

24VAC5-20-360 (Repealed.)

Historical Notes

Derived from VR 165-01-02:1 § 7.8; repealed, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.

24VAC5-20-370 Posting of traffic patterns and chart of local student practice area

Each airport sponsor at a commercial, public-use licensed airport or landing area shall post and keep posted a copy of the airport traffic pattern and an aeronautical chart with the local student practice area clearly outlined thereon in a conspicuous place available to airmen at such airport or landing area. Nothing in this section shall prohibit an airport sponsor from assigning this responsibility to the airport's fixed base operator, if it has one, or other individual or firm by contract, agreement or other arrangement.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 7.9, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.

24VAC5-20-380 Posting of regulations

Each airport sponsor at a commercial, public-use licensed airport or landing area shall post and keep posted a copy of these regulations. Nothing in this section shall prohibit an airport sponsor from assigning this responsibility to the airport's fixed base operator, if it has one, or other individual or firm by contract, agreement or other arrangement.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 7.10, eff. September 9, 1992; amended, Virginia Register Volume 12, Issue 17, eff. June 12, 1996.

24VAC5-20-390 Effective date

These regulations shall become effective as provided for in the Administrative Process Act.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from VR165-01-02:1 § 7.11, eff. September 9, 1992.

24VAC5-20-400 Appendix A: Airport Safety Zoning Ordinance

PREAMBLE

AN ORDINANCE regulating and restricting the height of structures and objects or natural growth, and otherwise incidentally regulating the use of property in the vicinity of the airports in (-insert name of locality-) by creating the appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein; providing for enforcement; and imposing penalties.

The ordinance is adopted pursuant to the authority conferred by §§ 15.1-427 through 15.1-503 of the Code of Virginia. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the airports and residents in (-insert name of locality-); and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airports and the public investment therein. Accordingly, it is declared:

That is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of obstructions that are hazards to air navigation be prevented;
That the creation or establishment of an obstruction has the potential for being a public nuisance and may injure the area served by the airports;
That the (-insert name of locality-) derives economic development and enhanced interstate commerce from (-insert name of airports(s)) that are held strictly to the highest possible safety standards; and
That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

Be it ordained by (-insert name of local governing body-):

Article 1.

SHORT TITLE.

§ 1.1. This ordinance shall be known and may be cited as the (-insert name of locality-) Airport Safety Zoning Ordinance.

Article 2.

DEFINITIONS.

§ 2.1. As used in this ordinance, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:

"Administrator": The official charged with the enforcement of this ordinance. He or she shall be the (-insert title of designated local official-).

"Airport": (-insert name of affected airport or airports-).

"Airport elevation": The highest point on any usable landing surface expressed in feet above mean sea level.

"Approach surface": A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface, and at the same slope as the approach zone height limitation slope set forth in Article 4 of this ordinance. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.

"Approach, transitional, horizontal, and conical zones": The airspace zones as set forth in Article 3 of this ordinance.

"Conical surface": A surface extending horizontally twenty feet for every one foot vertically from the periphery of the horizontal surface.

"Hazard to air navigation": An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace in the Commonwealth.

"Height": For the purpose of determining the height limits in all zones set forth in this ordinance and shown on the zoning map, the datum shall be mean sea level (M.S.L.) elevation unless otherwise specified.

"Horizontal surface": A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

"Nonconforming use": Any preexisting structure or object of natural growth which is inconsistent with the provisions of this ordinance or any amendment to this ordinance.

"Obstruction": Any structure, growth, or other object, including a mobile object, which exceeds a limiting height, or penetrates any surface or zone floor, set forth in Article 4 of this ordinance.

"Permit": A document issued by (-insert name of locality-) allowing a person to begin an activity which may result in any structures or vegetations exceeding the height limitations provided for in this ordinance.

"Person": Any individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. The term includes a trustee, a receiver, an assignee, or a similar representative of any of them.

"Primary surface": A surface, with a specified width as provided in Article 3 of this ordinance, longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

"Runway": A specified area on an airport prepared for landing and takeoff of aircraft.

"Structure": Any object, including a mobile object, constructed or installed by any person, including but not limited to buildings, towers, cranes, smokestacks, earth formations, towers, poles, and electric lines of overhead transmission routes, flag poles, and ship masts.

"Transitional surfaces": Surfaces which extend outward perpendicular to the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

"Vegetation": Any object of natural growth.

"Zone": All areas provided for in Article 3 of this ordinance, generally described in three dimensions by reference to ground elevation, vertical distances from the ground elevation, horizontal distances from the runway centerline and the primary and horizontal surfaces, with the zone floor set at specific vertical limits by the surfaces found in Article 4 of this ordinance.

Article 3.

AIRPORT SAFETY ZONES.

§ 3.1. In order to carry out the provisions of this ordinance, there are hereby established certain zones which include all of the area and airspace of (-insert name of locality-) lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to (-insert name of airport or airports-). These zones are established as overlay zones, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and activities of the base zones except as provided for in Article 5 of this ordinance. An area located in more than one of the following zones is considered to be only in the zone with the most restrictive height limitation. These zones are as follows:

"Airport zone": A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.

"Approach zone": A zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces.

"Transitional zone": A zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces.

"Conical zone": A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.

The source of the specific geometric standards for these zones are to be found in Part 77.25, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is found in Appendix A of this ordinance.

Article 4.

AIRPORT SAFETY ZONE HEIGHT LIMITATIONS.

§ 4.1. Except as otherwise provided in this ordinance, in any zone created by this ordinance no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, known as the floor, of any zone provided for in Article 3 of this ordinance at any point.

§ 4.2. The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is found in Appendix A of this ordinance.

Article 5.

USE RESTRICTIONS.

§ 5.1. Notwithstanding any other provision of this ordinance, and within the area below the horizontal limits of any zone established by this ordinance, no use may be made of land or water in such a manner as to:

Create electrical interference with navigational signals or radio communication between the airport and airborne aircraft;
Diminish the ability of pilots to distinguish between airport lights and other lights;
Result in glare in the eyes of pilots using the airport;
Impair visibility in the vicinity of the airport;
Create the potential for bird strike hazards; or
Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

Article 6.

NONCONFORMING USES.

§ 6.1. Except as provided in § 6.2 of this ordinance, the regulations prescribed by this ordinance shall not require the removal, lowering, or other change or alteration of any structure or vegetation not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this ordinance shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this ordinance, and is diligently prosecuted.

§ 6.2. Notwithstanding the provision § 6.1, the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the nonconforming structure in question.

Article 7.

PERMITS.

§ 7.1. Except as provided in §§ 7.1, 7.2, and 7.3 of this Article, no structure shall be erected or otherwise established in any zone created by this ordinance unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which desired with and sufficient geometric specificity to determine whether the resulting structure would conform to the regulations prescribed in this ordinance. No permit for a structure inconsistent with this ordinance shall be granted unless a variance has been approved as provided in § 7.4.

§ 7.2. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this ordinance or any amendments thereto other than with relief as provided for in § 7.4.

§ 7.3. Whenever the administrator determines that a nonconforming structure has been abandoned or more than fifty percent destroyed, physically deteriorated, or decayed, no permit shall be granted that would enable such structure to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this ordinance, except with the relief as provided for in § 7.4.

§ 7.4. Any person desiring to erect or increase the height or size of any structure not in accordance with the regulations prescribed in this ordinance may apply for a variance from such regulations to the (-insert board of zoning appeals or other entity-). Such application shall be properly advertised and be reviewed and considered through a public hearing. Prior to being considered by the (-insert board of zoning appeals or other entity-) the application for variance shall be accompanied by a determination from the Virginia Department of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall only be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this ordinance. Additionally, no application for a variance to the requirements of this ordinance may be considered by the (-insert board of zoning appeals or other entity-) unless a copy of the application has been furnished to the airport owner for advice as to the aeronautical effects of the variance. If the airport owner does not respond to the application within fifteen days after receipt, the (-insert board of zoning appeals or other entity-) may act independent of the airport owner's position to grant or deny the variance.

§ 7.5. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this ordinance and be reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the administrator. If deemed proper with reasonable cause by the (-insert board of zoning appeals or other entity-), this condition may be modified to require the owner of the structure in question to permit the airport owner, at his own expense, to install, operate, and maintain the necessary markings and lights.

Article 8.

ENFORCEMENT.

§ 8.1. The administrator shall administer and enforce the regulations prescribed in this ordinance. He or she shall be vested with the police power incumbent to carry out and effectuate this ordinance, including the action of injunction, prosecution and other available means through the (-insert name of circuit court having jurisdiction in the locality-). Applications for permits and variances shall be made to the administrator on a form published for that purpose.

Article 9.

APPEALS.

§ 9.1. Any person aggrieved, or any officer, department, board, or bureau of (-insert name of locality-) affected by a decision of the administrator may appeal such decision to the (-insert board of zoning appeals or other entity-).

Article 10.

JUDICIAL REVIEW.

§ 10.1. Any person aggrieved or any taxpayer adversely affected by any decision of the (-insert board of zoning appeals or other entity-) may appeal to the (-insert name of circuit court having jurisdiction in the locality-).

Article 11.

PENALTIES.

§ 11.1. Each violation of this ordinance or of any regulation, order, or ruling promulgated under this ordinance shall constitute a misdemeanor and be punishable by a fine of no more than five hundred dollars. Each day on which a violation occurs shall constitute a separate offense.

Article 12.

CONFLICTING REGULATIONS.

§ 12.1. Where there exists a conflict between any of the regulations or limitations prescribed in this ordinance and any other regulations applicable to the same subject, where the conflict is with respect to the height of structures or vegetation and the use of land, or any other matter, the more stringent limitation or requirement shall govern.

Article 13.

SEVERABILITY.

§ 13.1. Should any portion or provision of this ordinance be held by any court to be unconstitutional or invalid, that decision shall not affect the validity of the ordinance as a whole, or any part of the ordinance other than the part held to be unconstitutional or invalid.

Article 14.

ADOPTION.

§ 14.1. Be it resolved that this ordinance has been properly drawn, legally advertised, and presented through a public hearing before the governing body of (-insert name of locality-) on (-insert month, day, year-). Be it further resolved that the effective date of this ordinance is (-insert month, day, year-) and that the ordinance from that date forward carries the full weight of law within (-insert name of locality-) until and unless altered otherwise by the governing body.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 12, Issue 17, eff. June 12, 1996.

Part VIII Unmanned Aircraft

24VAC5-20-410 Definitions for Part VIII, Unmanned Aircraft

The following words and terms, when used in this part, shall have the following meanings unless the context clearly indicates otherwise:

"Commercial operator" means a person operating a UAS for a commercial purpose in compliance with applicable Federal Aviation Administration regulations.

"Emergency response personnel" means the officials and employees of governmental and nongovernmental entities responding to or supporting emergency response operations, including search and rescue, law enforcement, hazardous materials, fires, car crashes, and natural or man-made disasters.

"Locality" or "local government" means a county, city, or town.

"Operator" means the person who is directly responsible for the operation of an unmanned aircraft.

"Property owned" means any real property owned through fee interest, together with all buildings and other structures, facilities, or improvements located on the real property.

"Political subdivision" means (i) a locality, (ii) a school division, or (iii) any park authority, jail authority, or airport authority that has the power to enact or promulgate ordinances or regulations having the force or effect of law.

"Recreational operator" means a person who is operating an unmanned aircraft solely for a recreational purpose and is fully in compliance with 49 USC § 44809.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 3, eff. October 25, 2023.

24VAC5-20-420 Political subdivision powers

A. Any political subdivision may regulate the take-off and landing of an unmanned aircraft on property owned by the political subdivision, in a manner consistent with this part. All regulations of any political subdivision, whether enacted by ordinance or resolution by a locality or adopted by a political subdivision other than a locality, must comply with this part of this chapter.

B. The regulations may provide for times when take-offs and landings are allowed.

C. The regulations may designate specific properties of increased concern for public safety or risk to natural resources where an operator seeking to use the property must show (i) the purpose of the take-off and landing, (ii) what steps the operator will take to limit risk to the public or to natural resources, and (iii) information to demonstrate that the take-off and landing can be carried out without harm to the identified public safety risk or natural resources. On such properties, the regulation may deny permission to take-off or land unmanned aircraft, unless the operator can demonstrate the safety of the take-off and landing, based on the information provided.

Prior to designating any properties pursuant to this subsection, the political subdivision must show the basis for the designation. The designation must be based on a significant and specific risk to public safety or to natural resources. Every area designated pursuant to this subsection must include a map showing, with specificity, the area of prohibited use. The map and any related documents must be provided in electronic, computable, machine-readable, and transmissible form.

D. For unmanned aircraft with a takeoff weight of 55 pounds or more, the regulations may require the operator to provide information prior to any take-off or landing, demonstrating the safety of the take-off and landing. This subsection is inapplicable to any licensed airport or licensed UAS facility.

E. No political subdivision shall require a permit for operators for take-off and landing unmanned aircraft in areas designated for unmanned aircraft use. This subsection shall not apply to unmanned aircraft covered by subsection C of this section.

F. No political subdivision shall regulate the take-off and landing of unmanned aircraft with a ready-for-take-off weight of less than 0.55 pounds, except on properties regulated pursuant to the authority in subsection B of this section.

G. Any political subdivision may provide or participate in offering UAS classes, competitions, and similar events on its property.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 3, eff. October 25, 2023.

24VAC5-20-430 Procedure for adopting an ordinance or regulation

A. Any locality that proposes to regulate the take-off and landing of unmanned aircraft on property owned by it shall enact such regulations by ordinance or resolution. Any other political subdivision shall adopt regulations for such purposes.

B. No proposed ordinance or regulation may be advertised for a public hearing until the political subdivision has submitted the regulation to the department for comment and the department has notified the political subdivision that the ordinance or regulation is consistent with this chapter.

C. A locality may regulate the use of unmanned aircraft by ordinance or resolution. The locality shall hold a public hearing prior to adoption of regulations. The locality shall advertise the hearing and the substance of the ordinance or regulation on the locality website for a minimum of 14 days, displayed where public hearings are set out on the locality's website and shall include the advertising in the applicable social media feeds of the locality for the same period of time. The regulation must be based on findings of need for public safety protection or protection of specific natural resources.

D. Any political subdivision other than a locality shall hold a public hearing prior to adoption of a regulation. The other political subdivision shall advertise the hearing and the substance of the regulation on the subdivision's website for a minimum of 14 days, displayed where public hearings are set out on the political subdivision's website and shall include notice of the advertising in the applicable social media feeds of the subdivision for the same period of time. The regulation must be based on findings of need for public safety enhancement protection or protection of specific natural resources.

E. Every political subdivision shall report the adoption of any regulation permitted by this chapter to the Department of Aviation within 14 days of adoption. The report shall include an electronic copy of the regulations, policies, maps, and any other documents related to the regulation with links to the political subdivision's regulation. No regulation shall take effect until it is published on the department's website.

F. The department will publish all new or revised regulations or ordinances or provide links to the political subdivision's website pages containing such information within 14 days of receipt from the political subdivision. The department shall publish and update annually on its website, and any other website the department deems appropriate, a summary of any such regulations or ordinances adopted.

G. If, at any time, the department deems a political subdivision's local regulation to be inconsistent with this chapter, the department will inform the subdivision of the discrepancies. The political subdivision shall amend its regulation to eliminate the discrepancies.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 3, eff. October 25, 2023.

24VAC5-20-440 Exceptions

A. No ordinance or regulation may prohibit:

The take-off or landing of an unmanned aircraft by a commercial operator in compliance with Federal Aviation Administration regulations or as deemed reasonable or necessary by private or public entities for emergency or maintenance support functions or services, including the protection and maintenance of public or private critical infrastructure;
The landing of an unmanned aircraft by an operator in compliance with Federal Aviation Administration regulations as deemed reasonable or necessary by the operator in the event of a technical malfunction of an unmanned aircraft system;
The take-off or landing of an unmanned aircraft being operated by a sworn public safety officer or other emergency response personnel in the performance of the public safety officer's duties;
The take-off or landing of an unmanned aircraft owned or operated by the United States government or any operator under contract with any agency of the United States government in performance of the officer's assigned duties;
The take-off or landing of an unmanned aircraft by a commercial operator done as a part of the response to an emergency declared by the Governor or a local emergency declared pursuant to the laws of the Commonwealth; or
The take-off or landing of unmanned aircraft by employees and agents of a political subdivision on that political subdivision's lands.

B. No political subdivision's local regulation enacted pursuant to the authority in this chapter shall apply to take-offs and landings on the vehicular travel portions of public highways or streets or to rights of ways adjacent to travel portions of the highways or streets.

C. If a private entity has exclusive use of more than one-half acre of public property for a specific event, such as a concert, sports activity, or family event, any local regulation may allow the entity to launch and land its own unmanned aircraft at the event and may allow an operator employed by the entity to launch and land unmanned aircraft during the event on that property only.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 3, eff. October 25, 2023.

24VAC5-20-450 Federal laws and regulations

Nothing in this chapter shall allow any use of unmanned aircraft in any manner inconsistent with federal laws and regulations, including Title 14 of the Code of Federal Regulations.

History

Statutory Authority: §§ 5.1-2.2 and 5.1-2.15 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 40, Issue 3, eff. October 25, 2023.

Agency 20 Department of Motor Vehicles

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

24VAC20-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Department of Motor Vehicles. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

24VAC20-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Department of Motor Vehicles, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Town Hall" means the Virginia Regulatory Town Hall, the website operated by the Virginia Department of Planning and Budget at www.townhall.virginia.gov, which has online public comment forums and displays information about regulatory meetings and regulatory actions under consideration in Virginia and sends this information to registered public users.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part II Notification of Interested Persons

24VAC20-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

24VAC20-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 24VAC20-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

24VAC20-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

24VAC20-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

24VAC20-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

24VAC20-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

24VAC20-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

24VAC20-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

24VAC20-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 80 Overload Permit Regulations [Repealed]

Part I General Provisions [Repealed]

24VAC20-80-10 (Repealed.)

History

Historical Notes: Derived from VR485-60-8301 § 1.1, eff. October 12, 1988; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-80-20 (Repealed.)

History

Historical Notes: Derived from VR485-60-8301 § 1.2, eff. October 12, 1988; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-80-30 (Repealed.)

History

Historical Notes: Derived from VR485-60-8301 § 1.3, eff. October 12, 1988; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part II Permit Requirements [Repealed]

24VAC20-80-40 (Repealed.)

History

Historical Notes: Derived from VR485-60-8301 § 2.1, eff. October 12, 1988; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part III Gross Weight Allowed Based on Axle Spacing [Repealed]

24VAC20-80-50 (Repealed.)

History

Historical Notes: Derived from VR485-60-8301 § 3.1, eff. October 12, 1988; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Chapter 81 Hauling Permit Regulation [Repealed]

Part I General Provisions [Repealed]

24VAC20-81-10 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-81-20 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-81-30 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part II Legal Weight and Size Limits for Virginia [Repealed]

24VAC20-81-40 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-81-50 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-81-60 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-81-70 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-81-80 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part III Description, Requirements and Limitations of Special Permits Available [Repealed]

24VAC20-81-90 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-81-100 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-81-110 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-81-120 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-81-130 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part IV Fees [Repealed]

24VAC20-81-140 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part V Travel Guidelines [Repealed]

24VAC20-81-150 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part VI Escort Vehicles and Equipment Requirements; Escort Vehicle Driver Certification; and General Escorting Guidelines [Repealed]

24VAC20-81-160 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-81-170 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-81-180 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part VII Emergency and National Defense Moves [Repealed]

24VAC20-81-190 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-81-200 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part VIII Responsibilities [Repealed]

24VAC20-81-210 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-81-220 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part IX Denial; Revocation; Refusal to Renew; Appeal; Invalidation [Repealed]

24VAC20-81-230 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part X Transportation of Explosives, Radioactive and Other Hazardous Materials [Repealed]

24VAC20-81-240 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part XI Weigh Stations; Location [Repealed]

24VAC20-81-250 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 25, Issue 26, eff. September 30, 2009; repealed, Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Chapter 82 Overload and Hauling Permits Regulation

Part I General Provisions

24VAC20-82-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Commissioner" means the Commissioner of the Virginia Department of Motor Vehicles.

"DMV" means the Virginia Department of Motor Vehicles.

"Escort vehicle driver certificate" means a document issued by a state that signifies that the holder of the certificate has successfully completed the issuing state's requirements to escort overdimensional vehicle configurations.

"Hauling permit" means a permit issued by the Virginia Department of Motor Vehicles in accordance with § 46.2-1139 of the Code of Virginia to allow Virginia-based and foreign-based vehicles or combinations of vehicles of a size or weight exceeding the maximum specified in Title 46.2 of the Code of Virginia to operate on a highway in Virginia.

"Off-centered load" means a transport vehicle's cargo is loaded so that there is no overhang on driver's side of the transport vehicle and there is overhang on the passenger side load that extends beyond and is not evenly distributed across the bed of the transport vehicle.

"Overload permit" means a permit issued by the Virginia Department of Motor Vehicles in accordance with § 46.2-1128 of the Code of Virginia to allow Virginia-based and foreign-based vehicles or combinations of vehicles to exceed the weight limitations otherwise applicable to such vehicles by 5.0%.

"Registered gross weight" means the weight for which a vehicle or combination of vehicles is registered or licensed.

"Trailer" means the same as the term is defined in § 46.2-100 of the Code of Virginia.

"Truck" means a motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds.

"VDOT" means the Virginia Department of Transportation.

"Vehicle configuration" means the height, weight, width, and length of a vehicle to include vehicle axle spacing.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part II Overload Permit Requirements

24VAC20-82-20 Overload permit requirements

A. Overload permits are ordinarily purchased at the time of vehicle registration. The fee for an overload permit purchased at the time of a quarterly vehicle registration shall be prorated.

B. Overload permits may be transferred from one vehicle to another if the license plates associated with the permit are also being transferred. The fee to transfer an overload permit is $2.00. This fee is in addition to any fee authorized to be collected for the transfer of the license plates associated with the permit. Permit decals shall be removed from the vehicle from which the permit is being transferred and shall either accompany the application for a new overload permit or be destroyed by the permit holder.

C. Overload permits will be issued in the same name and for the same vehicle as the vehicle registration.

D. Overload permit fees are not refundable. However, an applicant for a new permit may receive credit for the fee paid for a previously issued, unexpired permit that has been removed from a vehicle. Such credit shall not exceed (i) the prorated fee for the number of months remaining on the previously issued permit or (ii) the amount of the fee for the new permit, whichever is less. The credit shall not be applied to the $2.00 permit transfer fee.

E. In order to purchase an overload permit, the owner of a motor vehicle shall:

Furnish, on an application supplied by DMV, the following information for the motor vehicle:

a. Make;

b. Identification number;

c. Current license plate number;

d. Expiration date;

e. State of issue; and

f. Registered gross weight; and

Pay the fee specified in § 46.2-1128 of the Code of Virginia.

F. The fee for an initial permit issued on a vehicle may be prorated to the month of the expiration of the vehicle registration.

G. Overload permits may be in the form of decals, issued in duplicate. Any decals issued shall be placed on the vehicle in the following locations:

One decal shall be placed on the driver side of the vehicle.
The second decal shall be placed on the passenger side in the same approximate area as the first decal.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023; amended, Virginia Register Volume 40, Issue 26, eff. September 26, 2024.

Part III Hauling Permit Requirements

24VAC20-82-30 Authority; permits

The commissioner or the commissioner's designee may issue hauling permits for qualifying vehicles only when an overwidth configuration is not created by loading multiple items side by side, an overheight configuration is not created by stacking multiple items on top of one another, an overlength configuration is not created by loading multiple items behind one another, or an overweight configuration is not created by carrying multiple items, or when statutorily exempted by the Code of Virginia.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-82-40 Vehicle loading and marking requirements

In general, off-centered loads should be loaded so that the overhang is to the outside shoulder side of the roadway. If this loading condition creates an unsafe operating situation, the applicant may apply for relief, which may be granted by DMV on a case-by-case basis.

All flags attached to vehicle loads shall be red or orange fluorescent , not less than 18 inches square, and in good condition. Flags shall be placed at the extremities of a vehicle load to identify overwidth or secured at the end of the load to identify overhang in accordance with § 46.2-1121 of the Code of Virginia.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-82-50 Single trip permit

Single trip permits are issued to cover one movement between two specific points. Most single trip permits are valid for a 13-day period; however, DMV may restrict any single trip permit movement to a shorter period depending on various circumstances such as weather, routes of travel, construction projects, overall dimensions of the vehicle configuration, or other unforeseen circumstances. No refunds or credits will be granted for unused or expired permits.

Single trip permits are vehicle specific and cannot be transferred between vehicles. The permit is required to be carried in the transport vehicle. This permit shall be presented to DMV, law enforcement, or VDOT officials when requested.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-82-60 Superload single trip permit

A. Like other single trip permits, superload single trip permits are issued to cover one movement between two specific points. Superload single trip permit requests exceed the maximum weight or size limitations ordinarily allowed on a single trip permit. Superload single trip permit requests require various levels of research and analysis and should be submitted to DMV at least 10 working days prior to the anticipated date of movement. All superload single trip permits are issued on a case-by-case basis and only after an appropriate review or VDOT engineering analysis has determined that the vehicle configuration will not harm or damage roadways, bridges, or structures on the designated routes of travel. Results of the review or engineering analysis may render the vehicle configuration ineligible for movement.

Superload single trip permits are vehicle specific and cannot be transferred between vehicles. The permit is required to be carried in the transport vehicle. This permit shall be presented to DMV, law enforcement, or VDOT officials when requested.

B. Requirements for superload single trip permits exceeding certain parameters are described in this subsection. Movements that exceed any of the following parameters: 18 feet in width, 250,000 pounds in weight, 200 feet in length, or 16 feet in height may be required to submit a detailed travel plan, depending on the time of travel and the routes of travel. The plan should include the following:

Name and description of the item being moved;
Overall loaded dimensions for the vehicle configuration to include height, width, length, and gross weight;
Explanation of why the load cannot be reduced;
Explanation of why the load cannot be transported by air, rail, or water;
Origin and destination specific to Virginia, including mileage and specific intersecting routes (e.g., Route 65 - one mile south of Route 2 in Campbell County);
Preferred routes of travel;
Point of contact within the company who can speak to the requested movement in case additional information is needed;
A description of how to facilitate the movement of emergency vehicles responding to emergencies, locations where the overdimensional configuration will pull over to allow movement of traffic (traffic shall not be detained for more than 10 minutes if at all possible), and layover locations;
Written authorization from local law-enforcement personnel agreeing to escort the overdimensional configuration through their jurisdiction. The authorization shall include the name, phone number, and email address of the primary point of contact. The hauling permit staff will contact the point of contact to confirm their escorting role prior to DMV issuing the superload single trip permit;
Written authorization from affected utility, cable, and telephone companies, agreeing to accompany the overdimensional configuration to lift overhead wires. The authorization shall include the name, phone number, and email address of the primary point of contact. The hauling permit staff will contact the point of contact to confirm their role in the move prior to DMV issuing the hauling permit; and
Written authorization from VDOT for the removal or adjustment of any ancillary highway structures or roadway appurtenances maintained by VDOT. The authorization shall include the name, phone number, and email address of the primary point of contact. The hauling permit staff will contact the point of contact to confirm their role in the move prior to DMV issuing the hauling permit.

C. If the applicant intends to layover on private property, the applicant must have written authorization from the property owner or the public facility giving permission to layover on the private property until able to proceed in accordance with the permit. The authorization shall include the name, phone number, and email address of the primary point of contact. The hauling permit staff may contact the point of contact to confirm the layover privileges on the property prior to DMV issuing the superload single trip permit. The authorization must be carried in the transport vehicle and presented to DMV, law enforcement, or VDOT officials when requested.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-82-70 Additional analysis requirements for exceptional or unusual loads

A. For loads with gross vehicle weights over 400,000 pounds, a schematic of the vehicle providing detail of the loading the vehicle will impose must be submitted with the permit application for VDOT's use. The schematic must include the longitudinal spacing between all axles and the transverse dimensions of all tires and all spacing between each tire along the axle. For vehicles with different tire configurations on multiple axles, all unique axle configurations must be included. An example vehicle schematic is available in the Virginia Hauling Permits Manual available from DMV.

B. The requirement for additional analysis may also be extended to vehicles with gross weights less than 400,000 pounds for unusual vehicle or structure characteristics as determined by VDOT in its sole discretion.

C. For loads with gross vehicle weights over 750,000 pounds, VDOT will require the permit applicant to retain an engineer licensed in the Commonwealth of Virginia to complete an engineering analysis of all structures to be crossed by the vehicle on the permitted route. This requirement may apply for loads with gross vehicle weights between 500,000 and 750,000 pounds at VDOT's sole discretion. This requirement may also be extended to vehicles with smaller gross weights as needed (i) for unusual vehicle or structure characteristics as determined by VDOT, or (ii) in cases where multiple routes and or vehicles are requested to be evaluated for the same load.

D. The permit applicant's engineer must execute and submit a Critical Infrastructure Information / Sensitive Security Information (CII/SSI) nondisclosure form before VDOT will release the safety inspection reports and bridge plans necessary to complete the analysis. A meeting with VDOT's engineers before beginning the analysis is strongly encouraged.

E. VDOT in its sole discretion may require that pre-travel and post-travel inspections be completed for any structures along the permitted route to assess for and capture any damage to VDOT's inventory. When inspections are determined to be required, VDOT will also require a surety bond to be posted. The value of the surety, as determined solely by VDOT, will be commensurate with the cost to perform major repairs or replace affected portions of VDOT's inventory along the permitted route.

F. VDOT review and approval of any independent analysis is required before DMV will issue any permit. VDOT's determination is final.

G. The amount of time required to process a permit will be commensurate with the volume and complexity of the analysis required.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-82-80 Annual multi-trip permit

Annual multi-trip permits allow multiple movements on designated or unrestricted routes in Virginia. Annual multi-trip permits are issued on a case-by-case basis and may be purchased for either one or two years.

The permit is required to be carried in the transport vehicle. This permit shall be presented to DMV, law enforcement, or VDOT officials when requested.

Annual multi-trip permits are issued through the DMV's headquarters office, and all requests shall be made at least 10 business days prior to the anticipated movement date.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-82-90 Superload multi-trip permits

When the vehicle configuration exceeds the size or weight parameters allowed for the annual multi-trip permits issued under 24VAC20-82-80, the applicant may apply for a superload multi-trip permit. These permits are issued on a case-by-case basis. They may be issued for a period of one year or, depending upon the characteristics of the load or route of travel, may be limited to three months.

The superload multi-trip permit allows multiple movements within a specified time period statewide or on specific routes. Requests for the superload multi-trip permit must be submitted to DMV at least 10 business days in advance of the anticipated movement date. These permits are vehicle specific. Superload multi-trip permits are issued only after the appropriate reviews or VDOT engineering analysis have been completed to ensure that the vehicle configuration will not harm or damage roadways, bridges, structures, or other state inventory on the routes of travel. Results of the reviews or engineering analysis may render the vehicle configuration ineligible to move under the authority of a superload multi-trip permit.

The permit is required to be carried in the transport vehicle. This permit shall be presented to DMV, law enforcement, or VDOT officials when requested.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-82-100 Exempted multi-trip permits; eligibility requirements

In addition to other permits provided in this chapter, the Commonwealth of Virginia issues a number of exempt permits under Article 18 (§ 46.2-1139 et seq.) of Chapter 10 of Title 46.2 of the Code of Virginia. Most exempt multi-trip permit loads are reducible but have been granted statutory authority to operate on the state highway system. The applicant must adhere to specific statutory criteria in order to qualify for these permits.

Vehicles or equipment registered in the name of the United States government or state or local agencies shall receive without cost an overdimensional or overweight permit to move overdimensional or overweight items. Contractors moving items on behalf of the United States government or state or local agencies are not eligible to receive this permit at no cost.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part IV Travel Guidelines

24VAC20-82-110 Travel restrictions; holiday travel; days and times of travel; speed limits

A. Permitted vehicle configurations are not allowed to travel on the following state observed holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. On the holidays listed in this subsection, permits will not be valid from noon the preceding weekday through the holiday. If the observed holiday falls on a Monday, the permit will not be valid from noon on the preceding Friday through Monday.

B. Normal times of travel for permitted loads are sunrise to sunset. Some superload vehicle configurations may be required to travel during the hours of darkness. No permitted travel is allowed within the corporate limits of cities or towns between the hours of 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., except for configurations that are overweight or overlength (not exceeding 85 feet, including rear overhang) only.

C. In addition to the day and time of travel restrictions set out in subsections A and B of this section, DMV may further restrict days and times of travel if it is deemed necessary giving primary consideration to the safety and well-being of the traveling public.

D. When road conditions, visibility, or unfavorable weather conditions make traveling hazardous to the operator or to the traveling public, permitted vehicles are not authorized to operate unless responding to an emergency. Law enforcement judgment shall prevail in all circumstances.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part V Escort Vehicles and Equipment Requirements; Escort Vehicle Driver Certification; and General Escorting Guidelines

24VAC20-82-120 Escort vehicles and equipment requirements

A. The escort vehicle shall be a truck not less than one-quarter-ton-rated load capacity but not more than 17,000 pounds gross vehicle weight rating (GVWR) or a passenger vehicle of not less than 2,000 pounds gross weight. Escort vehicles shall not resemble nor be confused with law-enforcement or safety-assistance vehicles. Escort vehicles shall be in compliance with all state and local registration processes required by the state in which the vehicle is registered. Except when in compliance with subsection C of this section, escort vehicles shall not be overdimensional or overweight while in use performing escorting duties. They are not permitted to pull a trailer of any kind while performing escorting duties and shall have an unobstructed view through the rear window.

B. All escort vehicles shall be equipped with a two-way communication system to maintain communications between the permitted vehicle driver and all escort vehicles in the group.

C. Front or lead escort vehicles are required to have a height pole when required by permit. While performing escorting duties the pole shall be extended at least three inches above the specified height of the vehicle configuration being escorted.

D. Escort vehicle headlights shall be on at all times while escorting overdimensional or overweight vehicles.

E. All escort vehicles shall have at least one light, rotating or flashing, positioned on top of the escort vehicle. The light must be visible for a distance of at least 500 feet in all directions by approaching vehicles.

F. Paddles shall be at least 18 inches by 18 inches with six-inch high lettering. For greater visibility, a high-intensity flashing stop/slow paddle may be used.

G. All flags used for traffic control purposes shall be red or any fluorescent color, not less than 18 inches square, and in good condition. Individuals performing flagging activities shall wear a hard hat and approved ANSI Class II or Class III safety vest.

H. Escort vehicles shall have signs, descriptive of the load being escorted (i.e., "Wide Load" or "Oversize Load" or "Overweight Load"). At a minimum, the signs shall be displayed in black eight-inch high letters with a minimum of 1-1/4 inch brush strokes on a yellow banner. The banner shall be mounted on the front and rear bumper of the escort vehicle. If displayed on the roof of the escort vehicle, other drivers must be able to read the signs when approaching or following the escort vehicle.

I. A minimum of one Underwriters Laboratories (UL) or Factory Mutual Laboratories (FM) approved, five pounds or greater, Type "BC" or "ABC" fire extinguisher shall be carried in the escort vehicle or escort vehicles.

J. Reflective triangles or road flares shall be used to warn oncoming or approaching vehicles of a breakdown.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-82-130 General escorting guidelines

A. All escort vehicle operators are required to be certified prior to performing the duties of an oversize or overweight load escort vehicle operator in Virginia. General guidelines as to when escorts are required include the following:

One front and one rear escort is required on noninterstate routes when the permitted load exceeds 12 feet in width.
One rear escort is required on interstate routes when the permitted load exceeds 12 feet in width.
Two front and one rear escorts are required on noninterstate routes when the permitted load exceeds 14 feet in width.
One front and one rear escort is required on interstate routes when the permitted load exceeds 14 feet in width.
Two front and two rear escorts are required on noninterstate routes when the permitted load exceeds 16 feet in width.
One front and two rear escorts are required on interstate routes when the permitted load exceeds 16 feet in width.
One front escort is required when an off-centered load exceeds three feet six inches on the passenger side of the vehicle configuration.
One front escort and one rear escort is required when an off-centered load exceeds five feet on the passenger side of the vehicle configuration.
One front escort equipped with a height pole, adjusted three inches above the load height, is required on all routes when the permitted load exceeds 14 feet five inches in height.
One rear escort is required on noninterstate routes when the permitted load exceeds 90 feet in length.
One rear escort is required on interstate routes when the permitted load exceeds 120 feet in length.
One front and one rear escort is required on all routes when the permitted load exceeds 150 feet in length.
One front escort is required on all routes when the permitted load has a front overhang that exceeds 10 feet (measured from the bumper).
One rear escort is required on all routes when the permitted load has a rear overhang that exceeds 15 feet (measured from the bumper).
Permit loads that exceed 18 feet wide or 200 feet long will be handled on a case-by-case basis.

B. Escort requirements are subject to change with individual consideration of weight, width, length, height, geographical location, or route of travel as determined by DMV.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

24VAC20-82-140 Fees

The fee to reissue or issue a duplicate escort vehicle driver certificate is $15.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part VI Emergency and National Defense Moves

24VAC20-82-150 Emergency moves

Multi-trip permit holders may request "emergency travel regulations" when ordering permits if there is a possibility that the equipment or commodity permitted will be required in support of an emergency defined as "a calamity, existing or imminent, caused by fire, flood, riot, windstorm, explosion, act of God, or other similar situation which requires immediate remedial action to protect life or property." Having emergency travel regulations in the permit may allow response to the emergency using the multi-trip permit if that permit covers the routes used to respond to the emergency. However, the permittee must contact VDOT's Emergency Operations Center and give them vital travel information that will be passed on to the Virginia State Police, all applicable law-enforcement jurisdictions, and DMV weigh stations.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part VII Responsibilities

24VAC20-82-160 Compliance with state laws and permit requirements

A. The acceptance and use of a hauling permit by the applicant or an applicant's designee is the applicant's agreement that the applicant will proof the permit for accuracy prior to traveling on Virginia's highways. If the document is incorrect, the permittee will immediately contact DMV to obtain the proper permit prior to traveling over Virginia's highways. The permittee accepts full responsibility and the consequences associated with having a permit containing erroneous or incorrect information.

B. The acceptance and use of a hauling permit by the applicant is the applicant's agreement to pay for all damages and cost involved to persons or property as a result of the permitted movement.

C. The acceptance and use of a hauling permit by the applicant is the applicant's agreement that the applicant will comply with all the terms and conditions as specified within the permit.

D. A permittee who has been issued a hauling permit, an agent of the permittee, or any member of the permittee's company shall notify DMV within three business days if the permitted vehicle is involved in any accident. Failure to notify DMV of involvement in an accident may result in suspension or denial of permitting privileges as specified in 24VAC20-82-180.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Part VIII Denial; Revocation; Refusal To Renew; Appeal; Invalidation

24VAC20-82-180 Denial; revocation; refusal to renew; appeal; invalidation

A. A hauling permit may be revoked by DMV upon written findings that the permittee violated the terms of the permit. Terms of the permit include adherence to this chapter and state and local laws and ordinances regulating the operation of overweight or oversized vehicles. Repeated violations may result in a permanent denial of the right to use the state highway system or roads for transportation of overweight and oversized vehicle configurations. A permit may also be revoked for misrepresentation of the information on the application, fraudulently obtaining a permit, alteration of a permit, or unauthorized use of a permit.

B. A hauling permit may be denied to any applicant or company, or both, for a period not to exceed one year when the applicant or company or both has been notified in writing by DMV that violations existed under a previously issued permit. Customers who are delinquent in payment to other DMV functions will be denied a hauling permit until all delinquent accounts are satisfied.

C. No permit application request shall be denied or revoked, or permit application renewal refused, until a written notice of the violation of the issued permit has been furnished to the applicant. The permittee may appeal in writing to the Assistant Commissioner of Motor Carrier Services or the assistant commissioner's designee within 10 working days of receipt of written notification of denial or revocation setting forth the grounds for making an appeal. Upon receipt of the appeal, the Assistant Commissioner for Motor Carrier Services or the assistant commissioner's designee will conduct an informal fact-finding process conforming to the requirements of the Code of Virginia and will issue a case decision that will be the final administrative step. Judicial review of such decision shall be available pursuant to § 2.2-4025 of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). Upon revocation of the permit, it must be surrendered without consideration for refund or credit of fees. Upon restoration of permit privileges a new permit must be obtained prior to movement on the state highway system.

D. Law-enforcement officials or weight-enforcement officials may invalidate or confiscate a hauling permit if the permitted vehicle or vehicle combination is operating off the route listed on the permit; if the vehicle has fewer axles than required by the permit; if the vehicle has less axle spacing than required by the permit when measured longitudinally from the center of the axle to the center of the next axle with any fraction of a foot rounded to the next highest foot; or if the vehicle is transporting multiple items not allowed by the permit.

Law-enforcement officials or weight-enforcement officials may direct the vehicle to a safe location, at the permittee's expense, and detain the vehicle configuration until it meets all the requirements of the hauling permit or until a new hauling permit is issued if the vehicle is not traveling with escorts as required by the permit; if the vehicle is traveling outside the hours specified within the permit; if the driver does not have the entire permit in the vehicle; if the hauling permit has been invalidated or confiscated due to one of the conditions listed in this section; if the vehicle is over the permitted weight; or if law enforcement deems the vehicle to be violating any safety requirement.

History

Statutory Authority: § 46.2-203 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 39, Issue 12, eff. March 1, 2023.

Chapter 110 T&M Vehicle, Trailer, and Motorcycle Dealer Advertising Practices and Enforcement Regulations [Repealed]

Part I General Provisions [Repealed]

24VAC20-110-10 (Repealed.)

History

Historical Notes: Derived from VR485-60-8901 § 1.1, eff. March 29, 1990; amended, Virginia Register Volume 13, Issue 8, eff. February 5, 1997; repealed, Virginia Register Volume 37, Issue 18, eff. June 10, 2021.

24VAC20-110-20 (Repealed.)

History

Historical Notes: Derived from VR485-60-8901 § 1.2, eff. March 29, 1990; amended, Virginia Register Volume 13, Issue 8, eff. February 5, 1997; repealed, Virginia Register Volume 37, Issue 18, eff. June 10, 2021.

Part II Regulated Advertising Practices [Repealed]

24VAC20-110-30 (Repealed.)

History

Historical Notes: Derived from VR485-60-8901 § 2.1, eff. March 29, 1990; amended, Virginia Register Volume 13, Issue 8, eff. February 5, 1997; repealed, Virginia Register Volume 37, Issue 18, eff. June 10, 2021.

Part III Enforcement [Repealed]

24VAC20-110-40 (Repealed.)

History

Historical Notes: Derived from VR485-60-8901 § 3.1, eff. March 29, 1990; amended, Virginia Register Volume 13, Issue 8, eff. February 5, 1997; repealed, Virginia Register Volume 37, Issue 18, eff. June 10, 2021.

24VAC20-110-50 (Repealed.)

History

Historical Notes: Derived from VR485-60-8901 § 3.2, eff. March 29, 1990; amended, Virginia Register Volume 13, Issue 8, eff. February 5, 1997; repealed, Virginia Register Volume 37, Issue 18, eff. June 10, 2021.

24VAC20-110-60 (Repealed.)

History

Historical Notes: Derived from VR485-60-8901 § 3.3, eff. March 29, 1990; amended, Virginia Register Volume 13, Issue 8, eff. February 5, 1997; repealed, Virginia Register Volume 37, Issue 18, eff. June 10, 2021.

Chapter 121 Virginia Driver Training Schools Regulations

Part I General Provisions

24VAC20-121-10 Definitions

The terms "Class A licensee," "Class B licensee," "driver training school" or "school," and "instructor" are defined in § 46.2-1700 of the Code of Virginia. In addition to those definitions, the following words and terms when used in this regulation shall have the following meanings unless the context clearly indicates otherwise:

"Class A license" means a license issued by the Department of Motor Vehicles to a driver training school that provides training in the operation of any type of commercial motor vehicle as defined in § 46.2-341.4 of the Code of Virginia.

"Class B license" means a license issued by the Department of Motor Vehicles to a driver training school that provides training in the operation of any type of motor vehicle other than motorcycles and commercial motor vehicles as defined in § 46.2-341.4 of the Code of Virginia.

"Commissioner" means the Commissioner of the Virginia Department of Motor Vehicles.

"Curriculum" means the courses of instruction and other relevant materials related to driver training offered by driver training schools.

"Department" means the Virginia Department of Motor Vehicles. For notification and document submission purposes, department shall specifically mean the Commercial Licensing Division at the headquarters office of the Virginia Department of Motor Vehicles in Richmond.

"General compliance review" means a formal review by the department of a driver training school's operations, facilities and records to determine compliance with statutory and regulatory requirements.

"In-vehicle instruction" means the delivery of information and experience by an instructor to a student who is in or driving a motor vehicle, and where observing the driving skills and actual driving experiences of other students is a major component.

"National criminal records check" means a criminal background check performed by the Department of State Police that includes all participating states and jurisdictions.

"Normal business hours" shall mean the normal business hours of the department, which are Monday through Friday, 8 a.m. to 5 p.m., and Saturdays, 8 a.m. to noon.

"Owner" means a person or persons, including a partnership, corporation or other business entities, that have a vested interest in and control over a school.

"Period of instruction" means 50 minutes of in-vehicle or classroom instruction.

"Revoke" or "revocation" means that school or instructor licenses revoked are not subject to renewal or restoration except through reapplication after (i) the expiration of the revocation period and (ii) any outstanding compliance requirements have been met.

"Safe mechanical condition" means the continual compliance with safety requirements of vehicles that are used to train school students, and have passed either a Virginia state safety inspection or a federal Motor Carrier Safety Administration inspection, and for vehicles used to train the disabled, be certified by the National Mobility Equipment Vendors Association, whichever is applicable based on the type of training provided by the school.

"Suspend" or "suspension" means that the school or instructor licenses suspended have been temporarily withdrawn, but may be reinstated after (i) the expiration of the suspension period and (ii) the licensee has met all outstanding compliance requirements.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-20 Business office and classroom requirements

A. No school license shall be issued unless the school has an established place of business in the Commonwealth that is owned, rented, or leased by the school. Such established place of business shall:

Be the premises of the licensed location of the school;
Satisfy all local business licensing and zoning regulations;
Have office space devoted exclusively to the driver training school;
Contain all records that are required to be maintained under the provisions of these regulations unless the school has been permitted to maintain the records elsewhere pursuant to 24VAC20-121-40;
Be equipped with a desk, chairs, filing space, working utilities, and a working telephone listed in the name of the school;
Comply with federal, state, and local health, fire, and building code requirements, including the Americans with Disabilities Act (42 USC § 12101 et seq.);
Be open to the general public a minimum of eight hours per week during normal business hours; and
Not share space with a school classroom.

The school shall also provide to the department the street address and physical address of any other business offices maintained by the school in addition to the licensed location office.

In addition to business office addresses, all addresses, physical locations of classrooms, driving simulators, or any other facilities used by the school shall be provided to the department in a format prescribed by the department. If any such classroom, driving simulator, or other facility is not owned by the school, then a copy of all agreements associated with the use of such property by the school shall be provided to the department. Schools shall not use classrooms, driving simulators, or other driver training facilities prior to receiving approval for use from the department.

A school owner's residence may be used as the licensed location of a school if the residence qualifies for a federal tax deduction of expenses related to the business use of part of the residence and meets the established place of business requirements set forth in these regulations.

B. Any school that engages in classroom instruction shall provide a classroom with the following:

Seating arrangements and writing surfaces for each student;
Blackboards or other visual aids that shall be visible from all seating positions;
Driver education reference books, including, when applicable, current curriculum guides, student workbooks and appropriate textbooks for each student;
Appropriate audio/video equipment and screen in good working order; and
Restroom facilities that are clean, accessible, and in good working order.

C. Office and instruction hours shall be posted in a conspicuous location outside the licensed location and any other business office in a manner that is visible and easily accessible to the public from outside of the licensed location and business.

D. The school license and any notice of the department that limits or restricts training shall be prominently posted at the licensed location office. A copy of the school license and notice, if applicable, shall also be prominently posted in each school classroom and any other business office maintained by the school.

In addition, schools shall display, in a conspicuous location in all classrooms and business offices, signs provided by the department that notify students and the public about the department's toll-free hotline.

E. Any school licensed by the department shall notify the department, in a format prescribed by the department, 30 days prior to a change of address for the licensed location, any other business office or classroom, or other instructional facility. The department will issue a revised license reflecting such changes. The school shall return the current license to the department upon receipt of a revised school license. All school-related business, classroom, and instructional locations are subject to approval by the department, as required in these regulations.

F. The location of a school's licensed location, other business offices, classrooms, or practice driver training areas shall be a distance of at least 1,500 feet from any property owned, leased, or maintained by the department for examining motor vehicle operators. Such distance shall be measured in a straight line from the nearest point of the primary building of the department's property to the nearest point of the school licensed location, business office, classroom, or practice driver training area, whichever is closest. This distance requirement may be waived by the department if the licensed location, other business office, classroom, or practice driver training area has been previously allowed to be within the 1,500-foot limit as a result of an action or omission on the part of the department. All school-related business, classroom, or instructional locations must be approved by the department prior to use.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 9, eff. February 2, 2011; Volume 41, Issue 2, eff. October 24, 2024.

24VAC20-121-30 Business practices

A. A school shall not use any name other than that shown on its school license. Schools using the same or similar name of another current or former school or similar business, or using names considered to be offensive in nature, as determined by the department, shall not be licensed by the department.

B. A school that utilizes "Department of Motor Vehicles" or "DMV" in any form of advertising including, but not limited to, telephone directories and websites shall use only the words "Licensed by the Department of Motor Vehicles (DMV) of the Commonwealth of Virginia." A school shall not refer to any other state agency or board in any documentation or advertisement. Schools with web sites shall notify the department of their web addresses when applying for or renewing their license or when the site becomes operational, whichever is sooner.

C. A school shall not use false, deceptive or misleading information in any advertisement or provide this type of information to prospective students.

D. A school, instructor, owner or any other person employed by or otherwise associated with a school shall not:

Assert or imply that it will guarantee that any student will pass the state driver's license examination;
Assert or imply that the student can secure a driver's license;
Assert or imply that the student will be guaranteed employment upon completion of any course of instruction;
Transact or solicit driver training school business on property owned, leased or maintained by the department;
Provide translation services for any individual who is taking the department's driver's license knowledge examination;
Falsify forms, certificates or other documents for use by students or other individuals in order to obtain a driver's license;
Possess, use, provide, sell or give the department's driver licensing test questions to students or other individuals;
Assist or facilitate the creation of false identification documents of any kind or false residency certification for any individual;
Provide instruction at a site not formally approved by the department;
Contract or subcontract, without written approval of the parents or legal guardians, with other driver training schools or driver training organizations to provide classroom or in-vehicle instruction for students under 18 years of age who are not married or emancipated;
Have, use, keep or be under the influence of alcohol, illegal drugs or substances, or otherwise legal drugs or substances that would affect a person's ability to drive or provide or receive instruction while such person is on the premises of or in vehicles used by the school; or
Conduct themselves in a manner not suitable or compatible with school-related activities. Such prohibited conduct includes, but is not limited to:

a. Touching in a manner that would be considered inappropriate by a reasonable person;

b. Telling jokes or making statements or comments that a reasonable person would consider (i) to be hateful or demeaning to a particular race or ethnicity, or (ii) to have sexual or otherwise vulgar content or connotation;

c. Displaying objects or materials that a reasonable person would consider unpleasant, distasteful, nasty, disgusting, hateful or otherwise unsuitable;

d. Berating or otherwise harassing students or other persons;

e. Running errands;

f. Except for emergency situations, using telecommunications or any other audio or video equipment during periods of in-vehicle or classroom instruction that are not part of the course of instruction. If an emergency situation occurs during in-vehicle instruction, such use should, whenever possible, be made once the vehicle is safely off the road and stopped;

g. Eating during periods of instruction;

h. Use of tobacco products during periods of instruction;

i. Creating a training environment considered hostile or otherwise intimidating to a reasonable person; or

j. Allowing any student to engage in such prohibited conduct outlined above.

E. Except when full tuition has not been satisfied, a school shall provide, within five business days of the successful completion of program requirements and in a manner prescribed by the department, the certificate of completion needed by the student (i) to obtain a driver's license, (ii) for insurance verification purposes, or (iii) for employment purposes. No fee shall be charged by the school for the original certificate.

F. Schools shall operate in accordance with the driver training school operations manual as provided and updated by the department.

G. No school vehicles shall park on the department's owned, leased or maintained property except for the purposes of conducting official business with the department during normal business hours. At no time whatsoever shall a school provide training to a student on the department's owned, leased or maintained property.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 9, eff. February 2, 2011.

24VAC20-121-40 Records to be maintained

Except as otherwise provided in this section, all records shall be maintained at the licensed location of the school. The commissioner may, on written request from a school, permit records to be maintained at a location other than the licensed location for good cause shown.

Schools shall maintain accurate, complete, legible and up-to-date records, as required under §§ 46.2-1701.2 and 46.2-1701.3 of the Code of Virginia. Such records shall include:

All student records;
All business records;
All records relating to:

a. Compliance with or proof of exemption from local business licensing and zoning regulations;

b. Federal, state and local health, fire and building code requirements; and

c. Size and space requirements for places of business and classrooms; and

Any other records required by the department in a manner prescribed by the department.

All records shall be retained by the school for a minimum of three years after their creation. Copies of such records shall be provided to the department upon request.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-50 Availability of records; inspections and compliance reviews

A. All records shall be open and available for inspection by any employee of the department during normal business hours or at a reasonable time agreeable to the department employee. Schools shall have someone, who is employed by or otherwise associated with the school and who can access all records, available to assist the department employee, as necessary. If copies of such records are not readily available, the department employee may secure and remove these records in order to review, photocopy them or use them in a hearing. The department shall return those records it removes after the review or photocopying is completed, or at the conclusion of the hearing process, including any related court action, when used for that purpose.

B. Each applicant for licensing as a driver training school shall permit the department to inspect its operations, facilities and records as they relate to its driver training program for the purpose of determining whether the applicant is qualified for licensing.

The department shall perform its inspections during normal business hours with or without prior notice to the driver training schools. The department shall prepare a written report on the results of each inspection, and provide a copy of the report to and review it with the applicant. At the conclusion of the review of the report, the applicant shall provide signed written documentation to the representative of the department conducting the inspection that indicates the school has received and reviewed the report.

C. Each school shall permit the department, from time to time, to inspect and conduct a general compliance review of its business offices, classrooms, vehicles and any other records or properties associated with the operation of the school to determine whether the school remains in compliance with licensing requirements.

D. The department shall perform its inspections and general compliance reviews during normal business hours with or without prior notice to the driver training schools. The department shall prepare a written report on the results of each inspection and general compliance review, and provide a copy of the report to and review it with the owner or business manager of the school. At the conclusion of the review of the report, the owner or business manager of the school shall provide signed written documentation to the representative of the department conducting the inspection or general compliance review that indicates the school has received and reviewed the report.

E. Any school owner, employee or instructor who meets with department employees for the purposes of inspecting or otherwise obtaining records is subject to the conduct requirements set forth in these regulations. Any school owner, employee or instructor who violates the conduct requirements set forth in these regulations during such meetings shall be subject to the sanctions set forth in these regulations.

F. Each student's record shall be open and available for inspection by the respective current or former student 18 years of age or older and by the parents and legal guardians of current or former students under 18 years of age during normal business hours or at a reasonable time agreeable to both the school and the student or parents or legal guardians of students under 18 years of age.

Under no circumstances shall a school owner, employee or instructor meet, for the purposes of inspecting records, or for any other purpose, with current or former students under 18 years of age at the time of the meeting without a parent or legal guardian being present unless the student is married or emancipated. Any school owner, employee or instructor who meets with students, parents or legal guardians for the purposes of inspecting records is subject to the conduct requirements set forth in these regulations. Any school owner, employee or instructor who violates the conduct requirements set forth in these regulations during such meetings with students, parents or legal guardians shall be subject to the sanctions set forth in these regulations.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-60 School licensing requirements

A. Schools seeking a license shall file with the department, as required by this chapter, a completed application for a driver training school license along with any associated fees and other documentation required by the department. In addition, each school shall submit to the department, as required by this chapter, the instructor applications for those instructors that they employ along with any associated fees and other documentation required by the department.

B. The following shall accompany the school licensing application and shall be in addition to any other application requirements of the department:

An application fee;
A certificate of insurance;
A surety bond;
Instructor applications;
A local business license or zoning document, or a letter from local authorities indicating none is required; and
A national criminal records check completed within 60 days of the application deadline for each individual providing instruction or otherwise employed by or managing the school.

In addition, each owner or principal of the owner of a driver training school shall submit a national criminal records check with the school license application package.

C. The application package shall be submitted to the department in a format prescribed by the department. All proper applications will be either approved or denied within 30 business days of receipt by the department.

D. School licenses shall be valid for a period of 12 months and shall display the validity period on the face of the license. The school license shall expire on the last day of the last valid month of the license period.

E. Schools seeking a license shall file with the department evidence of insurance with a company authorized to do business in the Commonwealth of Virginia on all vehicles used by schools to provide instruction, at least in the minimum amounts as required by § 46.2-472 of the Code of Virginia.

The school shall provide and maintain evidence of insurance coverage on a certificate of insurance in a format prescribed by the department. The certificate shall be filed upon application and at other times of the licensure period as requested by the department. The certificate shall stipulate the make, model, year, vehicle identification number, vehicle color, and license plate number for all vehicles and shall also stipulate that the department will be notified by the insurance carrier (i) 10 calendar days before the school's insurance policy expires or (ii) on the same day that the policy is canceled or not maintained in full force.

A school shall provide to the department verification from the school's insurance company in a format prescribed by the department that the insurance company is aware the vehicles are used for driver training instruction and are operated by student drivers. Schools shall notify the department of any change in liability insurance coverage not later than the effective date of the change.

Each school shall provide notice to the department's driver training school section in a format prescribed by the department in the event that any motor vehicle is added to or deleted from the insurance policy during the coverage period. The notice shall include the make, model, year, vehicle identification number, vehicle color, and license plate number. The notice shall be received by the department prior to using any added motor vehicle for driver education instruction. Failure to maintain required liability insurance for school vehicles or failure to comply with insurance certification requirements shall result in the suspension or revocation of the school's license or the imposition of other sanctions, or both, as set forth in this chapter.

F. All licensed schools shall file with the department a surety bond in the sum set by statute for Class A and Class B schools, payable to the Commonwealth of Virginia, issued by a corporation licensed to transact surety business in the Commonwealth. The surety bond shall be filed with each application and must provide coverage for the entire licensure period.

G. The department may refuse to approve any application, including originals or renewals, in which the owner or any principal of the owner, or any of the school's employees or instructors (i) have previously been or would be subject to any sanctions prescribed by this chapter or (ii) has been convicted of any felony or any misdemeanor involving:

Sexual assault as established in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia;
Obscenity and related offenses as established in Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2 of the Code of Virginia;
Drugs as established in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia;
Crimes of moral turpitude;
Contributing to the delinquency of a minor;
Taking indecent liberties with a minor;
The physical or sexual abuse or neglect of a child;
Similar offenses in other jurisdictions; or
Other offenses, as determined by the department, that would impact ownership, operation, or instruction by a school.

Any school license issued may be suspended or revoked if such a conviction occurs during any licensure period.

H. Requests to change (i) the name or address of a school or (ii) a school license to add to or eliminate a licensed location, or any other business offices, classrooms, or other instructional facilities during the licensure period shall be made to the department at least 30 days prior to such change. Such changes shall be subject to a processing fee, as set forth in this chapter, and the issuance of a modified license, as requested. The expiration on any modified license issued shall be the same as the current license.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 9, eff. February 2, 2011; Volume 41, Issue 7, eff. January 2, 2025.

24VAC20-121-70 School license renewal required

A. Every licensed school applying for renewal shall return the following to the department in a format prescribed by the department on or before the 15th day of the month in which the current license expires:

A renewal application;
A certificate of insurance, as required under these regulations;
A photocopy of a current business license, if required by the locality, or a letter from the locality that indicates no business license is required;
National criminal records checks completed within 60 days of the application deadline for each individual providing instruction or otherwise employed by or managing the school, as required by these regulations; and
A fee for each license renewal application, as set forth in these regulations.

If the original surety bond is no longer in force, a new surety bond must also accompany the renewal application.

B. The department will make every effort to mail a renewal notice to the licensee outlining the procedures for renewal at least 90 days prior to the expiration of their license and to mail a follow-up reminder notice 45 days prior to the expiration of their license. Failure to receive these notices shall not relieve the licensee of the obligation to apply if a continuation of the license is desired.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 9, eff. February 2, 2011.

24VAC20-121-80 Transferability of school licenses

A. A change in ownership shall require an application for an original license along with the documents and fees required under these regulations, which shall be submitted to the department at least 30 days in advance of the effective date of the change. The school shall not operate under the change in ownership until an original license has been issued by the department reflecting the new ownership.

B. School licenses are not transferable; they shall not be sold, loaned, bartered or given by a licensee or an agent of a licensee to another school, individual, association, partnership or corporation.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-90 School contracts

A. All contracts between any school and any individual or group attending the school shall be in a standard format approved by the department. A school shall not make any changes to the format without review and approval by the department. A copy of the signed contract must be provided to each student who signs the contract for those students 18 years of age or older and those students under 18 years of age who are either married or emancipated. For students under 18 years of age who are not married or emancipated, a copy of the signed contract must be provided to the parents or legal guardians who sign the contract.

Excluding transcripts and certificates of completion, all written correspondence from schools to current or former students and their parents or legal guardians related in any way to course work or the contract between the school and the student shall include standard information about the department's toll-free telephone hotline. The department shall specify to the schools, as part of the school license application package, the content and the font requirements for this hotline information.

Schools may not include any statements in their contracts that place the financial responsibility for accidents occurring in school-owned vehicles during periods of instruction on the student or on the parents or legal guardians of students operating the vehicles.

B. The required elements for all contracts between schools and their independent contractors shall be provided by the department as part of the school license application package.

C. Addenda to any contracts between a school and its students or a school and its independent contractors shall be approved by the department.

D. Licensed driver training schools may conduct training courses at public or private schools, subject to existing statutory and regulatory requirements. Driver training schools offering such training shall provide the department, in a format prescribed by the department, with a copy of the contract between the driver training school and the public or private school along with confirmation as to which portion of the training, if any, is being conducted at the public or private school.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 9, eff. February 2, 2011.

24VAC20-121-100 General instructor licensing requirements

A. Individuals seeking an instructor's license shall submit, as required by this chapter, a completed application along with any associated fees and other appropriate documentation to the school with which the individual is employed. Schools shall be responsible for submitting the instructor applications, along with any associated fees and other appropriate documentation, to the department as required by this chapter. Applicants seeking an original or a renewal of an instructor's license shall submit with the application a national criminal records check completed within 60 days of the submission date of the application.

B. Applicants must be at least 21 years of age and must be able to document with driving records at least five years of licensed driving experience, two years of which shall be experience in the United States or a territory thereof. In the event an applicant uses driving records from a foreign country to substantiate licensed driving experience, such records must be translated into English by an appropriate authority, as approved by the department, at the applicant's expense.

C. Individuals seeking an instructor's license must be employed by a licensed school. No instructor shall be employed by more than one school unless all the schools are owned by the same person. Instructors employed by more than one school shall have an application and other appropriate documentation and fees submitted to the department by each school that employs the individual.

D. Individuals licensed as instructors or seeking an instructor's license must be able to effectively communicate in English in an easily understood and comprehensible manner to students and the department, as determined by the department.

E. Individuals seeking an instructor's license to teach in-vehicle instruction shall hold a valid driver's license from the individual's state of domicile at the time of licensing and throughout the entire licensure period. If such driver's licenses are from another state or jurisdiction, the applicant must provide to the department a copy of the applicant's driving record from that jurisdiction with the application and every three months thereafter if the applicant receives an instructor's license. Such driving record must be produced within 30 days of submitting the driving record to the department.

All applicants for a license to teach in-vehicle instruction and those persons who are currently licensed to teach in-vehicle instruction must also provide notice to the department, in a format prescribed by the department, of any convictions of traffic infractions, misdemeanors, or felonies, as well as any administrative actions relating to driving or any driver's license revocation, suspension, cancellation, disqualification, or other loss of driving privileges within 15 calendar days of the conviction or administrative action, or within 15 calendar days of the imposition of the revocation, suspension, cancellation, disqualification, or other loss of driving privileges.

An applicant for a license to teach in-vehicle instruction shall not be approved if the applicant's current driving privileges are expired, suspended, revoked, canceled, or disqualified. Any person required to submit to periodic medical reviews may also be denied an in-vehicle instructor's license if, as determined by the department, the person's conditions are considered to pose a threat to the safety, health, or welfare of driver training students or the public while the person operates a motor vehicle.

F. Individuals who obtain an instructor's license shall at the time of licensing have a driving record with no more than six demerit points. After licensing, instructors shall maintain a driving record with no more than six demerit points. If, during the licensure period, the driving record of such individual accumulates more than six demerit points based on violations occurring in a 12-month period, the department shall suspend the person's instructor license and shall notify the instructor and the driver training school where the instructor is employed of such suspension. Safe driving points shall not be used to reduce the accumulated demerit points. In the event that the driving record is from another state, the department will apply Virginia's equivalent demerit points to convictions noted on such record.

Whenever the individual no longer has a valid driving credential or is convicted in any court of reckless driving, driving under the influence, or driving while intoxicated, the department shall suspend the person's instructor license and shall notify the person and the driver training school where the instructor is employed of the suspension.

G. The department may refuse to approve any application, including originals or renewals, in which the applicant has been convicted of any felony or a misdemeanor conviction involving:

Sexual assault as established in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia;
Obscenity and related offenses as established in Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2 of the Code of Virginia;
Drugs as established in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the Code of Virginia;
Crimes of moral turpitude;
Contributing to the delinquency of a minor;
Taking indecent liberties with a minor;
The physical or sexual abuse or neglect of a child;
Similar offenses in other jurisdictions; or
Other offenses as determined by the department that would indicate that the applicant may present a danger to the safety of students or the public.

Instructor licenses may be suspended or revoked if a conviction for any of the offenses outlined in this subsection occurs during any licensure period.

H. Instructor applicants shall not be issued a license if the applicant has a conviction of driving under the influence, reckless driving, refusal to submit to a breath or blood test under § 18.2-268.2 of the Code of Virginia, or vehicular or involuntary manslaughter, or of any similar offense from any other jurisdiction within a period of five years prior to the date of the application. If the applicant's driving privileges were revoked for any such conviction, then the five-year period shall be measured from the license restoration date rather than the conviction date. Instructor licenses issued shall be revoked if a conviction, as outlined in this subsection, occurs during the licensure period.

I. An individual seeking a Class B instructor's license shall have at least a high school diploma or equivalent. After initial licensure or renewal, Class A and Class B instructors shall attend annual training sessions provided by the department. These one-day training sessions shall be held in each of the department's regional districts every year, as deemed necessary by the department.

These sessions shall include, as appropriate and necessary, updates on department forms, audit processes and other procedural changes, and new legislation that has implications for driver training. They shall also include discussions about any issues or concerns raised by either the department or the licensees.

When available, these sessions shall also offer information about the latest in driver training instructional techniques as well as other new developments in driver training in order to enhance overall professional training skills and abilities.

The schedule for such training sessions shall be developed by the department and provided to each instructor through the school that employs the instructor at least 30 days in advance of the scheduled sessions. The schedule also shall include provisions for a make-up training session for those licensees who could not attend the training session in their region. Attendance shall be mandatory and shall be at no cost to licensed instructors, other than those costs associated with travel to and from the training session, including lodging and meals.

Each licensed instructor who, without valid excuse, fails to attend and complete a scheduled training session or a scheduled make-up training session shall be subject to a minimum 30-day license suspension, which shall not be lifted until the instructor has completed a special make-up training session. Special make-up training sessions shall be provided only when necessary, and instructors attending such sessions will be required to pay the department's cost for providing the special make-up training session.

J. All instructors shall complete training on the current curriculum and other course work, as required and approved by the department, prior to instructing students. Evidence of such training shall be maintained by the school employing the instructor and provided to the department upon request.

K. The fee for an instructor license shall be set pursuant to this chapter. The instructor's license period shall expire when the respective school license expires. At the discretion of the department, instructor licensing fees may be prorated on a monthly basis.

L. The instructor license application package shall be submitted by the school employing the instructor to the department in a format prescribed by the department. All proper applications will be either approved or denied by the department within 30 business days of receipt from the school employing the instructor.

M. All licensed instructors shall have their instructor's license in their possession at all times while providing instruction.

N. Each instructor licensed by the department shall notify the department in a format prescribed by the department within 30 days of establishing a new residential address.

O. In the event that a school licensed by the department changes its name or address, the school shall, no later than 30 days prior to such change (i) notify the department of the school's name or address change, (ii) request revised instructor's licenses for the instructors it employs reflecting the change, and (iii) submit to the department the processing fees set forth in this chapter for revising and reissuing an instructor's license for each of its instructors.

After receiving the processing fees, the department will revise and reissue the instructor's licenses, as requested, and will cancel the previously issued licenses. Once it receives the revised licenses from the department, the school shall return the cancelled instructor's licenses to the department.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 9, eff. February 2, 2011; Volume 41, Issue 7, eff. January 2, 2025.

24VAC20-121-110 Instructor license renewal

A. Each school employing a licensed instructor applying for renewal shall return to the department for each of its instructors a renewal application, a current national criminal records check completed within 60 days of the application and the instructor license fee to the department at the address shown on the application, on or before the 15th day of the month in which the current license expires. Each instructor's license shall expire when the respective school license expires. Thirty days prior to the end of the 12 months of the licensure period, each instructor's license renewal applicant shall provide to the school employing them, for submission to the department, a national criminal records check completed within 60 days of the application deadline.

B. No instructor shall be permitted to continue instructing students upon the expiration of the instructor's license. The department shall not renew the instructor's license if the school license of the school employing an instructor is not renewed.

C. The department will make every effort to mail a renewal notice outlining the procedures for renewal at least 45 days prior to the expiration of an instructor's license to the licensee at the school's licensed location. Failure to receive this notice shall not relieve the licensee of the obligation to apply for renewal of the license through the school if continuation is desired.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-120 Change in instructor employment

Instructor licenses shall not be transferred from one licensed school to another licensed school. If an instructor changes schools, a new license application and the appropriate fee, as set forth in these regulations, shall be submitted to the department.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-130 Notice required to the department

A. Each school shall notify the department in a format prescribed by the department no later than 15 calendar days after the termination of employment of any licensed instructor. The school shall make every reasonable attempt to return to the department the instructor's license.

B. In the event of cessation of business, the school shall submit to the department, within 15 calendar days of such date, a statement in a format prescribed by the department indicating the business is closing, and forward to the department within 30 calendar days after cessation of business the school license, all instructors' licenses, all student records and any materials furnished to the school by the department. The department will retain such records for a period of three years from the date they are received to ensure such records are available to students and other persons or entities who may want or need access to them.

C. All schools shall notify the department of any proposed structural or other modifications to an existing school, classroom or driving range 30 days prior to initiating such modifications.

D. In the event a school files for bankruptcy, the school shall submit to the department, within 15 calendar days of such filing and in a manner prescribed by the department, a statement indicating among other things (i) the financial status of the business, and (ii) the anticipated impact of the bankruptcy on the Commonwealth and the school's former, current and future students, if any.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 9, eff. February 2, 2011.

24VAC20-121-140 Fees

All fees related to school and instructor licensing under the driver training program shall be, as determined by the department, set at levels that will provide reasonable fiscal support for the operations and activities of the Commercial Licensing Division of the department. Such licensing fees shall be based, in part, on the number of business office, classroom and instructional locations that are part of the license or license application at a given time.

A schedule of such fees, as follows, shall be provided to (i) all school license applicants at time of initial application and (ii) all licensed schools at least 30 days prior to their license renewal date.

| | School license for one year, original and renewal | $100 | | --- | --- | --- | | | Instructor license for one year, original and renewal | $50 | | | Penalty for failure to renew school license prior to expiration date | $100 | | | Penalty for failure to renew instructor license prior to expiration date | $50 | | | Processing fee for change of address | $3/change |

All such fees shall be nonrefundable. All check payments for fees shall be made on an active account containing sufficient funds for the amount of the payment.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-150 General equipment requirements

A. Each school shall provide all necessary equipment and materials required for classroom and in-vehicle instruction, including motor vehicles that are in safe mechanical condition and that are properly registered and insured. Except as otherwise provided in 22VAC20-121-220, no motor vehicle may be used for driver training purposes unless it is owned or leased in the name of the licensed school or the school owner as indicated on the application for the school license.

B. Each vehicle shall also carry minimum safety equipment as determined by the department, while they are used for training students. Such equipment shall be readily available and maintained in a safe, workable and organized manner, and shall include, but not be limited to reflective triangles, flares, first aid kit, flashlight, fire extinguisher, jumper cables or a battery charger, towel, blanket, and a safety vest.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-160 Sanctions for violations of statutes and regulations

A. The department may cancel, suspend, revoke or deny renewal for any license issued pursuant to these regulations, refuse to license a school or instructor or may limit the type of driver training instruction provided and impose a civil penalty up to $1,000, as outlined in Chapter 17 (§ 46.2-1700 et seq.) of Title 46.2 of the Code of Virginia, for any licensee who violates any provisions of such statutes or these regulations.

The department may take action to cancel, suspend, revoke or deny renewal for any license without first offering the licensee the opportunity for a hearing if the Commissioner has made a determination pursuant to § 46.2-1705 E or G of the Code of Virginia that the violation poses a danger to the safety of students or to public safety or indicates that an instructor is no longer qualified to act as an instructor. The department may also limit the privileges of a school or an instructor pursuant to § 46.2-1705 F of the Code of Virginia.

B. For the purposes of this section, if a school licensee is an association, partnership, corporation or other business entity, it shall be sufficient cause for the suspension, cancellation, revocation or refusal to renew a school license in the event that any officer, director, or any trustee, partner or majority or controlling shareholder of a partnership or corporation, or member of an association or controlling person in any other business entity has committed any act or omitted any duty that would be cause for suspending, canceling, revoking, or refusing to renew a license issued to him as an individual under the laws and regulations pertaining to driver training schools.

In addition, each school owner shall be responsible for the acts of any instructor while performing within the scope of his duties as an instructor.

C. Upon revocation or refusal to renew a school license, all school and instructor licenses, forms, documents and all records relating to the school operation, including all student records, and any materials furnished to the school by the department shall be forwarded to the department by the school within 30 calendar days of the action.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

Part II Specific Requirements Related to Class A Licensure

24VAC20-121-170 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 9, eff. February 2, 2011; repealed, Virginia Register Volume 41, Issue 2, eff. October 24, 2024.

24VAC20-121-180 Class A instructor license requirements

A. Applicants for a Class A instructor's license shall possess a valid Virginia nonrestricted interstate commercial driver's license (CDL) with the appropriate vehicle classes and endorsements for the type of instruction the applicant intends to provide.

Instructor applicants shall provide with applications certifications that the applicant meets the physical requirements and any alcohol and drug screening requirements for commercial drivers as specified in the federal motor carrier safety regulations. A copy of such certification shall be kept in the instructor's file maintained by the driver training school employing the instructor.

If applicants for a Class A instructor's license hold a valid CDL from a state other than Virginia at the time of licensing, the applicant shall maintain a valid CDL throughout the entire licensure period and shall provide to the department a copy of the applicant's driving record from that other state upon application and, if licensed as a Class A instructor by the department, on a quarterly basis thereafter.

Those applicants for and holders of a Class A instructor's license shall also provide notice to the department in a format prescribed by the department of any conviction of traffic infractions, misdemeanors, or felonies, any administrative actions relating to driving or any driver's license revocation, suspension, cancellation, disqualification, or other loss of driving privilege within 15 calendar days of the conviction or administrative action, or within 15 calendar days of the imposition of the revocation, suspension, cancellation, disqualification, or other loss of driving privilege.

B. Instructors shall complete in-service instructor training provided by the school prior to offering student instruction. The requirements of such in-service instructor training shall be established and made available to licensed Class A schools by the department and shall include the following topic areas:

Basic instructional skills;
Student teaching with a mentor;
Background in federal, state, and local laws and ordinances;
Basic skills for operating commercial motor vehicles;
Safe operating practices;
Maintenance of commercial motor vehicles; and
Safe trip planning.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 9, eff. February 2, 2011; Volume 41, Issue 7, eff. January 2, 2025.

24VAC20-121-190 Equipment requirements for Class A licensed schools; use of driving ranges

A. All vehicles used for driver education or testing purposes shall be marked by signs affixed to the sides and the rear of the vehicle, in bold letters not less than four inches in height, clearly visible from 100 feet, stating one of the following: "Student Driver," "Learner," "New Driver," "Driver Education" or "Caution-Student."

All vehicles used by a school shall display the name of the school, as shown on the school license, on the outside of the vehicle when engaged in driver education or when the vehicle is being used for testing purposes. The name of the school shall be included on the signs affixed to the sides of the vehicle.

B. The cabs of such vehicles shall be designed to have safety belts for each individual. No more than four students and one instructor shall occupy the cab during periods of instruction.

C. No motor vehicle may be used for driver education unless it displays a valid safety inspection sticker or federal Motor Carrier Safety Administration inspection sticker. In addition to other equipment required by law, each vehicle used for driver education shall have dual-braking capability.

D. Any and all agreements associated with driving ranges used by the school shall be provided to the department in a format prescribed by the department. Schools shall not use driving ranges prior to receiving approval for their use from the department.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 9, eff. February 2, 2011.

Part III Specific Requirements Related to Class B Licensure

24VAC20-121-200 Curriculum requirements for Class B licensed schools

A. Except as otherwise provided in this subsection, course curriculum shall comply with the provisions of the "Curriculum and Administrative Guide for Driver Education in Virginia" (2001) published by the Virginia Department of Education (or any successor publication so published) and these regulations. A copy of the current guide may be obtained from the Virginia Department of Education at the following Internet link: http://www.doe.virginia.gov/VDOE/Instruction/PE/ca_guide.html

Course curriculum requirements other than those set forth in the "Curriculum and Administrative Guide for Driver Education in Virginia" (2001) may be established by the department. Once established, such requirements shall be made available by the department to Class B licensed schools, Class B license applicants and the public. A course curriculum meeting the established requirements must be submitted to the department at the time of Class B license application or renewal application, and must be approved by the department prior to the beginning of course instruction as provided in and in accordance with § 46.2-1702 of the Code of Virginia.

B. The department shall provide and update the list of course curriculum requirements from time to time, as deemed appropriate and necessary by the department, in consultation with all affected schools that are licensed by the department at the time of the update and other interested parties as identified by the department.

The department shall notify the affected schools when and if new relevant topics are added to the course curriculum. Schools shall have 45 calendar days after such notice is issued to update their course curriculum and to certify to the department in a format prescribed by the department that the school has added the new topics to the course curriculum.

C. The length of daily instruction shall comply with the provisions of the "Curriculum and Administrative Guide for Driver Education in Virginia" (2001) or as otherwise provided by these regulations.

D. The number of students in a driver training vehicle during in-vehicle instruction shall be no more than three and no less than two students. Students 18 years of age or older may receive one-on-one driver training with an instructor if such training is agreed to in the contract with the school. Students under 18 years of age who are not married or emancipated must have their parents or legal guardians sign a written release, an original to be maintained with the student's record, in order to receive one-on-one driver training with an instructor.

E. Except when one-on-one driver training is being provided as outlined in subsection D of this section, a student under 19 years of age riding alone with the instructor shall ride in the back seat of the driver training vehicle until other students are present in the vehicle.

F. Except when a student is driving the vehicle, the time during which a student is being transported in a driver training vehicle for the purposes of picking up a student or other students prior to the beginning of a period of instruction or dropping that student or other students off after the end of a period of instruction shall not count as observation time. Any student involved in one-on-one training with an instructor as permitted under subsection D of this section shall meet the observation requirements with at least one other student in the vehicle during in-vehicle training.

G. Students under 19 years of age shall only receive in-vehicle instruction with other students under 19 years of age.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 9, eff. February 2, 2011.

24VAC20-121-210 Class B instructor requirements

Any instructor relying on a valid Virginia teaching license with a driver's education endorsement shall submit either the original license or a certified copy of the original license and an unexpired endorsement upon original application and renewal of the license. If submitted, the original license shall be returned to the instructor after review by the department.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008.

24VAC20-121-220 Equipment requirements for Class B licensed schools

A. All vehicles used for driver education or used for testing purposes shall be marked by a rooftop sign, in bold letters not less than two and one-half inches in height, clearly visible 100 feet from the front and rear, stating one of the following: "Student Driver," "Learner," "New Driver," "Driver Education" or "Caution-Student."

B. No motor vehicle may be used for driver education unless it is in safe mechanical condition as defined in these regulations. Each vehicle used for driver education in a school shall have dual controls consisting of dual brakes, dual inside rearview mirror and right-hand and left-hand outside mirrors. Any training vehicle or vehicles used for instruction shall not be more than nine model years old. This model year requirement may be waived or altered on a case-by-case basis for vehicles specially equipped to accommodate disabled individuals. The driver training vehicle shall be equipped with a minimum of four safety belts.

C. The department may exempt any school teaching disabled individuals from the requirement to provide motor vehicles, on a case-by-case basis. The school may use a vehicle provided by the disabled student for their in-vehicle instruction in the event that it is cost prohibitive for the school to maintain certain specialized equipment or if such equipment is not readily installed and removed or if it provides necessary practical experience for the student in their own vehicle. When using a student's vehicle, the school shall require that the disabled student provide written verification from the company insuring the vehicle that it is aware that the vehicle will be used for driver training instruction and the insurance is in full force during such use.

The school shall also require the disabled student to provide a copy of the current liability insurance policy for the vehicle. The school shall maintain a copy of the current liability insurance policy covering such vehicle in the student's file. The school shall also send prior to beginning instruction a notice to the department, in a format prescribed by the department, stipulating the reasons for using the student's vehicle and the anticipated dates of instruction as well as a copy of the current liability insurance policy on the vehicle.

Any school that uses a disabled student's motor vehicle must ensure that such vehicle is in safe mechanical condition as defined in these regulations, and displays signage as specified under these regulations.

D. All motor vehicles used by a licensed school for in-vehicle instruction shall be inspected and approved by the department based on the criteria outlined in these regulations before being used for student instruction. All motor vehicles used by a licensed school for the purpose of taking the driving examination shall have a valid registration in the vehicle and be in safe mechanical condition, as defined in these regulations.

History

Statutory Authority: §§ 46.2-203 and 46.2-1703 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 24, Issue 4, eff. January 1, 2008; amended, Virginia Register Volume 27, Issue 9, eff. February 2, 2011.

Agency 22 Motor Vehicle Dealer Board

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

24VAC22-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Motor Vehicle Dealer Board. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-1506 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

24VAC22-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Motor Vehicle Dealer Board, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-1506 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Part II Notification of Interested Persons

24VAC22-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-1506 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

24VAC22-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 24VAC22-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-1506 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Part III Public Participation Procedures

24VAC22-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-1506 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

24VAC22-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-1506 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

24VAC22-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-1506 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

24VAC22-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-1506 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

24VAC22-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-1506 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

24VAC22-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-1506 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

24VAC22-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 46.2-1506 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 4, eff. November 26, 2008.

Chapter 30 Motor Vehicle Dealer Advertising Practices and Enforcement Regulations

Part I General Provisions

24VAC22-30-20 Definitions

General Provisions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Act" means Chapter 15 (§ 46.2-1500 et seq.) of Title 46.2 of the Code of Virginia.

"Administrative penalties" means the denial, suspension or revocation of a license as allowed in § 46.2-1576 of the Act and based on one or more of the grounds specified in § 46.2-1575 of the Act.

"Advertisement" means an oral, written, graphic or pictorial statement made in the course of soliciting business, including, without limitation, a statement or representation made in a newspaper, magazine, or other publication, or contained in a notice, sign, poster, display, circular, pamphlet, or letter, or on radio, the Internet, or via an online computer service, or on television. The term does not include an in-person oral communication by a dealer's employee with a prospective customer.

"Advertiser" means same as licensee.

"Board" means the Motor Vehicle Dealer Board of this Commonwealth.

"Civil penalty" means the monetary assessment imposed by the board or the executive director against a licensee not to exceed $1,000 for any single violation of § 46.2-1581 of the Code of Virginia.

"Disclaimer" means those words or phrases used to provide a clear understanding or limitation to an advertised statement but not used to contradict or change the meaning of the statement.

"Disclosure" means a statement in clear terms of the dollar amounts, time frames, down payments and other terms which may be needed to provide a full understanding of credit terms, periodic payment, interest rates, time payment plans, etc.

"Executive director" means the Executive Director of the Motor Vehicle Dealer Board of this Commonwealth.

"Internet" means the international network of computer systems commonly known as the "Internet."

"License" means the document issued to a Virginia motor vehicle dealer and which permits such dealer to engage in the business of buying and selling new and used motor vehicles or used motor vehicles only.

"Licensee" means any person, partnership, association, corporation or entity which is required to be licensed as a motor vehicle dealer in this Commonwealth.

"Line-make marketing group" means an association of motor vehicle dealers franchised to sell and advertise the same line-make of new motor vehicles.

"Manufacturer's factory invoice" or "distributor's invoice" means that document supplied by the manufacturer or the distributor listing the manufacturer's or distributor's charge to the dealer before any deduction for items such as holdback, group advertising, factory incentives or rebates, or any governmental charges.

"New motor vehicle" means the same as defined in § 46.2-1500 of the Code of Virginia.

"Online service" means any information service, system, or access software provider that enables computer access by multiple users to a computer server, including specifically a service or system that provides accesses to the Internet.

"Repossessed vehicle" means a vehicle which meets all of the following criteria. It has:

Been sold, titled, registered, and taken back from a purchaser for nonpayment; and
Not yet been resold to an ultimate user.

"Sale" means there is a significant reduction from the advertiser's usual and customary price of a motor vehicle and the offer is for a limited period of time.

"Used motor vehicle" means the same as defined in § 46.2-1500 of the Code of Virginia.

History

Statutory Authority: §§ 46.2-1506 and 46.2-1582 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997; amended, Virginia Register Volume 14, Issue 24, eff. October 1, 1998; Volume 32, Issue 3, eff. December 1, 2015.

Part II Regulated Advertising Practices

24VAC22-30-30 Practices

For purposes of this chapter, a violation of the following regulated advertising practices shall be an unfair, deceptive, or misleading act or practice.

A. New motor vehicle. A motor vehicle shall not be advertised as new, either by word or implication, unless it is one which conforms to the definition of a "new motor vehicle" as defined in 24VAC22-30-20.

B. Used motor vehicle.

The fact that a motor vehicle is used should be clearly and unequivocally expressed by the term "used" or by such other term as is commonly understood to mean that the vehicle is used. For example, "special purchase" or "program cars" by itself is not a satisfactory disclosure; however, such terms as "pre-owned" or "former leased and/or rental vehicles" used alone clearly express that they meet the definition of a used vehicle for advertising purposes. When in doubt, the dealer should provide more information or simply say "used."
Once a certificate of origin as defined in § 46.2-1500 has been assigned to a purchaser, the motor vehicle becomes a used vehicle and must be advertised as such.

C. Finance charges or interest rates advertisements. Advertisements of finance charges or other interest rates "below market" (or words to that effect) shall not be used unless it is manufacturer or distributor sponsored or substantiated by a written agreement with the finance source.

D. Terms, conditions, and disclaimers.

When terms, conditions or disclaimers are used, they shall always be stated clearly and conspicuously. An asterisk or other reference symbol may be used to point to a disclaimer or other information; but, the disclaimer shall not be used as a means of contradicting or changing the meaning of an advertised statement. In addition, they must meet the Federal Trade Commission Truth in Lending Act Requirements 15 USC §§ 1601 et seq., 12 CFR Part 226 (Regulation Z) or the Federal Trade Commission Truth in Leasing Act Requirements, as applicable.
In all printed media, where terms, conditions or disclaimers are used, they shall be clearly and conspicuously visible and printed in not less than 8-point type print or printed in 6-point upper case type print. If freight charges or destination charges, or both, are not included in the advertised price, the amount of any such freight charge or destination charge, or both, must be clearly and conspicuously disclosed in boldface type that is not smaller than 8-point, unless the advertisement is in less than 8-point type in which case not smaller than the largest typeface within the advertisement. If a processing fee is not included in the advertised price, the amount of the processing fee must be clearly and conspicuously disclosed in not less than 8-point boldface type or not smaller than the largest typeface within the advertisement; however the amount of the processing fee may be omitted from any advertisement in which the largest type size is less than 8-point typeface, so long as the dealer participates in a media-provided listing of processing fees and the dealer's advertisement includes an asterisk or other such notation to refer the reader to the listing of the fees. When billboards, portable signs, posters, etc., are used, all terms, conditions or disclaimers need to be displayed and phrased in a manner which is clear and conspicuous.
In radio advertisements all terms, conditions, disclaimers, and required disclosures must be clearly announced during the advertisement. They must be explained clearly and at an understandable speed and volume level.
In television advertisements all terms, conditions, disclaimers, and required disclosures must be clearly and conspicuously displayed or announced, or both, during the advertisement. They shall be at an understandable speed or understandable volume level, or both.
In Internet advertisements all terms, conditions, disclaimers, and required disclosures must be clearly and conspicuously displayed.

E. Sale or sales. The expiration date of an advertised "sale" shall be clearly and conspicuously disclosed. If the sale exceeds 30 days, the advertiser should be prepared to substantiate that the offering is indeed a valid reduction and has not become his regular price.

F. "List price," "sticker price," "suggested retail price." These terms and similar terms shall be used only as follows:

In reference to the manufacturer's or distributor's suggested retail price for new vehicles; or
The dealer's own usual and customary price for used vehicles.

G. "Cost" and "invoice price" terms.

"At cost," "below cost," "$ off cost" shall not be used in advertisements because of the difficulty in determining a dealer's actual net cost at the time of sale.
"Invoice price," "$ over invoice," may be used, provided that the invoice referred to is the manufacturer's factory invoice, distributor's invoice, or a bona fide bill of sale, as applicable, and that it is available for customer inspection.

H. Price or credit terms of advertised vehicles. When the price or credit terms of a vehicle are advertised, the vehicle should be fully identified as to year, make, and model. In addition, in all advertisements placed by individual dealers and not marketing groups, the advertised price or credit terms shall include all charges which the buyer must pay to the seller including "freight" or "destination charges." If there are deferred payments on credit sales where accrued finance charges are ultimately charged to the consumer for any part of the deferred period, then these charges must be clearly stated. State and local fees and taxes and buyer-selected options need not be included in the advertised price. If the buyer will be required to pay to the seller charges which increase the advertised price, the charges must be disclosed as set-out in subsection D of this section and priced in the advertisement.

I. Matching or bettering competitor's price advertisements. Advertisements that set out a policy matching or bettering a competitor's price shall not be used unless the terms of the offer are specific, verifiable, and reasonable. All terms of the offer shall be included in the disclosure and disclaimer area and may not say such things as "rules or terms available in showroom" or "available before delivery." Any material or significant conditions that must be met or the evidence the consumer must present to take advantage of the offer must be fully disclosed as a part of the advertisement.

J. Advertisements of dealer rebates shall not be used. Offers to match down payments or guarantee minimum trade-in allowances or offers of cash or money back are forms of dealer rebates.

K. "Free," "at no extra cost" terms. No equipment, accessory, other merchandise or service shall be described using any term that implies that such equipment, accessory, other merchandise or service is free if a purchase is required in order to receive the "free" offer. Examples of prohibited terms include:

Free.
Complimentary.
At no extra cost.
At no extra charge.
At no extra fee.
At no extra price.
At no additional cost.
At no additional charge.
At no additional fee.
At no additional price.
Present.
Gift.
On the house.
Gratis.
Courtesy.

L. "Bait advertising" shall not be used.

The purpose of this section is to ensure that customers will be informed the vehicle is in limited quantity or availability. If a specific vehicle is advertised, the seller shall be in possession of a reasonable supply of said vehicles and they shall be available at the advertised price. If the advertised vehicle is available only in limited numbers or only by order, that shall be stated in the advertisement. The listing of vehicles by stock numbers or vehicle identification numbers is permissible and is one means of satisfactorily disclosing a limitation of availability, provided a separate number is used for each vehicle. For new vehicles, if the offer is limited, the dealer will be able to say such things as "in stock" or "will order" provided the dealer can order the vehicle just as advertised and delivery can be assured as soon as the manufacturer or distributor can confirm the order and deliver it to the dealer's dealership. If the dealer cannot get an order confirmation within 30 days, the dealer must refund all moneys collected from the buyer at his request. If the vehicle is available only by order then it must be clearly and conspicuously disclosed in the advertisement.
Advertising a vehicle at a certain price (including "as low as" statements), but having available for sale only vehicles equipped with dealer added cost "options" which increase the selling price above the advertised price, may also be considered "bait advertising."
If a lease payment is advertised, the fact that it is a lease arrangement shall be disclosed.

M. The term "repossessed vehicle" shall not be used unless the full criteria of the definition in 24VAC22-30-20 is met. Advertisers offering such vehicles for sale shall provide proof of repossession upon request.

N. "Finance" or "loan." Words such as "finance" or "loan" shall not be used in a motor vehicle dealer advertiser's firm name or trade name unless that person is actually engaged in the financing of motor vehicles.

O. "Special arrangement or relationship" advertisements. Statements such as "big volume buying power," "manufacturer's outlet," "factory authorized outlet," and "factory wholesale outlet," shall not be used. Any term that gives the consumer the impression the dealer has a special arrangement with the manufacturer or distributor as compared to similarly situated dealers, is misleading and shall not be used.

P. Records retention. Licensees shall maintain for a period of 60 days from the expiration date of the advertisement and make available to the board and the board staff, if requested, copies of all radio and television advertisements.

History

Statutory Authority: §§ 46.2-1506 and 46.2-1582 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997; amended, Virginia Register Volume 14, Issue 24, eff. October 1, 1998; Volume 32, Issue 3, eff. December 1, 2015.

Part III Enforcement

24VAC22-30-40 Administrative and civil penalties

Violations of any regulated advertising practice may, in the discretion of the board or executive director, be addressed by a verbal or written warning to the licensee as an initial step in the enforcement process.

History

Statutory Authority: §§ 46.2-1506 and 46.2-1582 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997; amended, Volume 32, Issue 3, eff. December 1, 2015.

24VAC22-30-50 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997; repealed, Virginia Register Volume 32, Issue 3, eff. December 1, 2015.

24VAC22-30-60 Other enforcement

This chapter and the provisions of Article 9 (§ 46.2-1580 et seq.) of Chapter 15 of Title 46.2 of the Code of Virginia shall be in addition to and not a substitute for the powers and authority granted pursuant to the provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.) or of any other provision of the Code of Virginia.

History

Statutory Authority: § 46.2-1581 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 13, Issue 8, eff. February 5, 1997.

Chapter 40 Independent Motor Vehicle Dealer Operator Recertification Regulations [Repealed]

Part I General Provisions [Repealed]

24VAC22-40-10 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 24, eff. September 2, 2010; repealed, Virginia Register Volume 39, Issue 16, eff. May 25, 2023.

24VAC22-40-20 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 24, eff. September 2, 2010; repealed, Virginia Register Volume 39, Issue 16, eff. May 25, 2023.

Part II Recertification [Repealed]

24VAC22-40-30 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 24, eff. September 2, 2010; repealed, Virginia Register Volume 39, Issue 16, eff. May 25, 2023.

24VAC22-40-40 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 24, eff. September 2, 2010; repealed, Virginia Register Volume 39, Issue 16, eff. May 25, 2023.

Part III Course Providers [Repealed]

24VAC22-40-50 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 24, eff. September 2, 2010; repealed, Virginia Register Volume 39, Issue 16, eff. May 25, 2023.

24VAC22-40-60 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 24, eff. September 2, 2010; repealed, Virginia Register Volume 39, Issue 16, eff. May 25, 2023.

Part IV Fees [Repealed]

24VAC22-40-70 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 24, eff. September 2, 2010; repealed, Virginia Register Volume 39, Issue 16, eff. May 25, 2023.

Agency 30 Department of Transportation

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

24VAC30-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Commonwealth Transportation Board, the Commissioner of Highways, or the Virginia Department of Transportation. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011.

24VAC30-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the entity of state government empowered by the agency's basic law to make regulations or decide cases. This term includes the Commonwealth Transportation Board, the Commissioner of Highways, or the Virginia Department of Transportation. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011.

Part II Notification of Interested Persons

24VAC30-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

24VAC30-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 24VAC30-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Part III Public Participation Procedures

24VAC30-11-50 Public comment

A. In considering any nonemergency, nonexempt regulatory action, the agency shall afford interested persons an opportunity to (i) submit data, views, and arguments, either orally or in writing, to the agency; and (ii) be accompanied by and represented by counsel or other representative. Such opportunity to comment shall include an online public comment forum on the Town Hall.

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008; amended, Virginia Register Volume 37, Issue 18, eff. June 11, 2021.

24VAC30-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

24VAC30-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

24VAC30-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

24VAC30-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

24VAC30-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

24VAC30-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 6, eff. December 24, 2008.

Chapter 41 Rules and Regulations Governing Relocation Assistance

Part I General Provisions and Administration of Program

24VAC30-41-10 General

In order to acquire the rights of way necessary for the construction, reconstruction, alteration, maintenance and repair of the public highways of the Commonwealth, it is often necessary for individuals, families, businesses, farms, and nonprofit organizations to be displaced. A comprehensive program of services and benefits has been established to ensure, to the maximum extent possible, the timely and successful relocation of displacees and reestablishment of businesses. These regulations guide the administration of the relocation program in a manner that is equitable, consistent, and cost effective. They will ensure effective relocation services, and will provide moving reimbursement, replacement housing payments and other cost reimbursements so that individuals displaced will not suffer disproportionate injuries as a result of the Virginia Department of Transportation's (VDOT's) highway improvement program.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-20 Applicability

The provisions of this chapter are applicable to any person who is displaced by any project on which state or federal funds are or will be utilized. This includes persons displaced from rights of way acquired by any city, county or town where right of way is to be furnished as a required contribution incidental to a state or federal assisted highway project.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-30 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Business" means any lawful activity, except a farm operation, that is conducted:

Primarily for the sale of services to the public;
Primarily for the purchase, sale, lease, rental or any combination of these, of personal or real property, or both, or for the manufacture, processing, or marketing of products, commodities, or any other personal property;
Primarily for outdoor advertising display purposes, when the display must be moved as a result of the project; or
By a nonprofit organization that has established its nonprofit status under applicable federal or state law.

"Comparable replacement housing" means a dwelling that is:

Decent, safe and sanitary (defined below).
Functionally equivalent to the displacement dwelling in that it performs the same function and provides the same utility. While every feature of a displacement dwelling need not be present, the principal features must be provided. Functional equivalency reflects the range of purposes for which the various physical features of a building may be used. Special consideration will be given to the number of rooms, and area of living space. VDOT may consider reasonable trade offs for specific features when the replacement unit is equal to or better than the displacement dwelling.
Adequate in size to accommodate the displacee.
In a location generally not less desirable than the displacement dwelling with respect to public utilities, commercial and public facilities, and is reasonably accessible to the displacee's place of employment.
On a site typical in size for residential use, with normal site improvements. (The site need not include features such as swimming pools or outbuildings.)
Currently available to the displaced person on the private market. However, a publicly owned or assisted unit may be comparable for a person displaced from the same type of unit. In such cases, any requirements of the public housing assistant program relating to the size of the replacement dwelling shall apply.
Within financial means of the displaced person.

Comparable replacement housing is the standard for replacement housing that VDOT is obligated to make available to displaced persons. It also is the standard for establishing owner and rental purchase supplement benefits.

"Contributes materially" means that during the two taxable years prior to the taxable year in which displacement occurs, or during such other period as VDOT determines to be more equitable, a business or farm operation:

Had average annual gross receipts of at least $5,000;
Had average annual net earnings of at least $1,000; or
Contributed at least 33-1/3% of the owner's or operator's average annual gross income from all sources.

If the application of the above criteria creates an inequity or hardship in any given case, VDOT may approve the use of other criteria as determined appropriate.

"Decent, safe and sanitary housing" means that a dwelling:

Meets local housing and occupancy codes, is structurally sound, weather tight and in good repair;
Has a safe electrical wiring system adequate for lighting and appliances;
Contains a heating system capable of maintaining a healthful temperature;
Is adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced household;
Has a separate, well-lighted and ventilated bathroom that provides privacy to the user and contains sink, toilet, and bathing facilities (shower or bath, or both), all operational and connected to a functional water and sewer disposal system;
Provides unobstructed egress to safe open space at ground level; and
Is free of barriers to egress, ingress and use by a displacee who is disabled.

This is the qualitative and safety standard to which displacees must relocate in order to qualify for replacement housing payment benefits provided by VDOT. Decent, safe and sanitary is also an element in the definition of comparable replacement housing defined above.

"Displaced person" means any person who moves from real property or moves personal property from real property as a direct result of the initiation of negotiations for the acquisition of the property; the acquisition of the real property, in whole or in part, for a project; as a direct result of rehabilitation or demolition for a project; or as a direct result of a written notice of intent to acquire, or the acquisition, rehabilitation or demolition of, in whole or in part, other real property on which the person conducts a business or farm operation, for a project. If the move occurs after a written order to vacate is issued, the occupant is considered a displaced person even though the property is not acquired.

Persons who do not qualify as a displaced person under these regulations include:

A person who moves before the initiation of negotiations, unless VDOT determines that the person was displaced as a direct result of the project;
A person who initially enters into occupancy of the property after the date of its acquisition for the project;
A person who is not required to relocate permanently as a direct result of a project. VDOT, after weighing the facts, shall make such determination on a case-by-case basis;
A person who has occupied the property for the purpose of obtaining assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and amendments (42 USC § 4601 et seq.);
A person who, after receiving a notice of relocation eligibility, is notified in writing that it would not be necessary to relocate. Such notice shall not be issued unless the person has not moved and VDOT agrees to reimburse the person for any expenses incurred to satisfy any binding contractual relocation obligations entered into after the effective date of the notice of relocation eligibility;
A person whom VDOT determines is not displaced as a direct result of a partial acquisition;
A person who is determined by VDOT to be in unlawful occupancy or a person who has been evicted for cause, under applicable law, prior to the initiation of negotiations for the property; or
A person determined to be not lawfully present in the United States.

Only parties designated as "displaced persons" are eligible for relocation benefits.

"Dwelling" means the place of permanent or customary and usual residence of a person, according to local custom or law, including a single family house, a single family unit in a two-family, multi-family, or multi-purpose property; a unit of a condominium or cooperative housing project; a nonhousekeeping unit; a mobile home; or any other residential unit.

"Dwelling site" means land area that is typical in size for dwellings located in the same neighborhood or rural area.

"Family" means two or more individuals, one of whom is the head of a household plus all other individuals, regardless of blood or legal ties, who live with and are considered part of the family unit. Where two or more individuals occupy the same dwelling with no identifiable head of household, they shall be treated as one family for replacement housing payment purposes.

"Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

"Financial means" of the displaced person means:

A replacement dwelling purchased by a homeowner in occupancy at the displacement dwelling for at least 90 days prior to initiation of negotiations (90-day homeowner) is considered to be within the homeowner's financial means if the homeowner will receive the full price differential, all increased mortgage interest costs and all eligible incidental expenses.
A replacement dwelling rented by an eligible displaced person is considered to be within their financial means if, after receiving rental assistance under this part, the person's monthly rent and estimated average monthly utility costs for the replacement dwelling do not exceed the person's base monthly rental for the displacement dwelling.
For a displaced person who is not eligible to receive a replacement housing payment because of the person's failure to meet length-of-occupancy requirements, comparable replacement rental housing is considered to be within the person's financial means if VDOT pays that portion of the monthly housing costs of a replacement dwelling that exceeds the person's base monthly rent for the displacement dwelling. Such rental assistance must be paid under last resort housing.

"Increased interest payment" means the amount that will reduce the mortgage balance on a new mortgage to an amount that will be amortized with the same monthly payment for principal and interest as that for the mortgage on the displacement dwelling.

"Nonprofit organization" means an organization that is incorporated under the applicable laws of a state as a nonprofit organization and exempt from paying federal income taxes under § 501 of the Internal Revenue Code (26 USC § 501).

"Owner" means any person who purchases or holds any of the following interests in real property:

Fee title, a life estate, a land contract, a 99-year lease, or a lease including any options for extension with at least 50 years to run from the date of acquisition;
An interest in a cooperative housing project that includes the right to occupy a dwelling; or
A contract to purchase any of the interests or estates described in the preceding two descriptions of interests in real property.

"Person" means any individual, family, partnership, corporation or association.

"Purchase supplement" means the amount that, when added to the acquisition value, equals the cost of comparable replacement housing.

"Rent supplement" means the amount that equals 42 times the difference between base monthly rental of a displacement dwelling including utilities and the monthly rent of a comparable dwelling including utilities.

"Small business" means any business having not more than 500 employees working at the site being acquired or displaced by a program or project, which site is the location of economic activity. Sites operated solely by outdoor advertising signs, displays or devices do not qualify as a small business eligible for reestablishment expenses.

"State agency" means any department, agency, or instrumentality of the Commonwealth; public authority, municipal corporation, local governmental unit or political subdivision of the Commonwealth or any department, agency or instrumentality thereof; person who has the authority to acquire property by eminent domain under state law; or two or more of the aforementioned, which carries out projects that cause people to be displaced.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005; Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-40 Duplication of payment

A person is not eligible to receive relocation payments if that person receives a payment under federal, state or local law which is determined to have the same purpose and effect as payments under these regulations.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-50 Withholding of relocation payment

When a displacee is advanced any relocation payment, that amount should be withheld from the relocation payment to which the displacee is other entitled. No relocation payment shall be withheld to satisfy an obligation to any other creditor or for any other purpose.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005.

24VAC30-41-60 Relocation payments not considered as income

No relocation payment received by a displaced person shall be considered as income for the purpose of the Internal Revenue Code or for the purpose of determining the eligibility of any person for assistance under the Social Security Act or any other federal law, except for any federal law providing low-income housing.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-70 Civil rights and equal opportunity requirements

A. All aspects of the relocation assistance program of VDOT shall be conducted without regard to race, color, religious creed, ancestry, national origin, age or sex. VDOT, through its field representatives, should advise all claimants of this policy of nondiscrimination. Displacees who feel that they have been discriminated against because of any of the factors listed shall be advised to write the district right of way and utilities manager (district manager) and explain their situation.

B. Replacement housing listings referred to persons displaced shall be available without regard to race, color, religion, ancestry, national origin, age or sex. Each right of way and utilities office (referred to in this regulation as a district office) shall make parties providing listings aware of this requirement. If any instance of discrimination against displacees by listing agencies or other parties providing listings is reported, the district shall attempt to ascertain the facts of the case. If the charges of discrimination are valid, the listing agency shall be so notified and the listing will no longer be used.

C. Independent contractors employed by the displacee for the purpose of moving the personal property, or to perform any other services related to the relocation, will be expected to observe nondiscrimination statutes and policies. If any incidence of discrimination is observed or reported, the contractor involved shall be asked to explain actions taken involving the particular displacee. Appropriate further action will be taken as required by relevant laws and policies.

D. Availability of financing and access to social services, which may be required by the displacee, shall be on a nondiscriminatory basis.

E. Relocation activities will comply with the applicable federal laws and implementing regulations listed in 54 FR 8932, § 24.8.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-80 Administration of relocation program

A. Central office organization and responsibility. The right of way and utilities division's relocation section administers the relocation program at the central office level. The primary functions of the relocation section are to promulgate policies and procedures, to monitor program implementation, and to coordinate administrative responsibilities necessary to successfully carry out the provision of the relocation program. The relocation section is staffed with skilled personnel to enable it to monitor program activities in district offices to assure delivery of consistent, fair and high quality services to displacees. It provides advice and policy interpretations to district right of way and utilities offices (referred to in this regulation as district offices) in the administration of complex or unique relocation cases. It monitors the relocation status on all projects, assuring that resources are available and problems are resolved so transportation projects can proceed to construction on schedule. The relocation section maintains close coordination with the district offices to assure adequate levels of staffing and to perform training needed to inform relocation personnel in changing and evolving relocation policy and practices.

B. District organization and responsibility.

It is the responsibility of the district office to carry out the relocation program in accordance with the provisions of this policy in a manner which assures timely, orderly and humane treatment of all displaced persons. The district office will perform the program in an efficient and orderly manner, so as to clear right of way needed for scheduled transportation project construction.
The district manager is responsible for assigning personnel to perform the relocation function and for managing and coordinating their activities.
The district office will monitor relocation assistance activities conducted by any other agencies or by consultants performing the relocation function for VDOT projects. Such monitoring will be by whatever means and extent necessary to assure compliance with the provisions of policy, procedures and instructions.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-90 Appeals

A. It is anticipated that from time to time persons affected by VDOT's relocation program will be dissatisfied with VDOT's determination as to their eligibility or with the amount of payments or services offered. It is the policy of VDOT to provide an opportunity to all persons to have their dissatisfactions heard and considered on an administrative level, without the expense, delay or inconvenience of court adjudication. VDOT's appeal procedure is promulgated to all potentially interested persons through the right of way brochure distributed at public hearings and provided to all displacees.

Persons making the appeal may be represented by legal counsel or any other representative at their expense. However, professional representation is not necessary for an appeal to be heard. The appellant will be permitted to inspect and copy all materials relevant to the matter appealed, except materials which are classified as confidential by VDOT or where disclosure is prohibited by law.

The appeal process consists of two levels. An interim appeal is heard in the district office. If the appellant is not satisfied on completion of the interim appeal, a final appeal may be addressed to the Commissioner of Highways.

B. Interim appeal. When displacees are dissatisfied with VDOT's determination of eligibility, or the amount offered under the relocation assistance and payments statutes, they may appeal in writing. The appeal must be submitted to the district manager within 90 days after receipt of VDOT's written determination. The district manager will schedule an informal hearing. A decision will be made following the hearing. A written copy of the decision, also stating the basis for the decision, will be provided to the appellant. A copy of such decision, along with all pertinent information involving the case, is to be submitted to the director of the right of way and utilities division. The central office relocation manager, or a designated representative, will be present at all interim appeals to provide technical program advice.

C. Final appeal. Upon notification of the district manager's decision, if the displacee is still dissatisfied, an appeal in writing may be submitted to the Commissioner of Highways within 10 days. Upon receipt by the commissioner, the appeal will be referred to a review board consisting of the director of the right of way and utilities division or a designated representative as chairman, a district manager selected by the chairman and not functioning in the area where the displacee resides, and a district administrator or a designated representative. The district administrator serving on this board will be the one functioning in the area where the appellant resides. Legal counsel for VDOT may also be present. The review board will schedule a hearing at a time and place reasonably convenient to the appellant. At the hearing all parties will be afforded an opportunity to express their respective positions and submit any supporting information or documents. A Court Reporter will be present to record and provide a transcript of all information presented at the hearing. Upon conclusion of the hearing, the review board will furnish the commissioner a written report of its findings. The commissioner or a designated representative will review the report and render a decision, which shall be final. The appellant and his attorney, if applicable, will be advised of the decision in writing, by certified mail, and will be provided a summary of the basis for the board's decision. If the full relief requested is not granted, the displacee shall be advised of the right to seek judicial review, which must be filed with the court within 30 days after receipt of the final appeal determination.

History

Statutory Authority: § 25.1-402 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011.

Part II Relocation Planning and Public Information

24VAC30-41-100 Relocation planning at conceptual stage

A. A project will be considered to be in the conceptual stage from the time preliminary plans are issued by the location and design division showing alternate roadway location alignments, until the final location is approved.

B. Upon receipt of location study plans, the district office will perform a review to compile right of way and relocation costs and estimates for each proposed alignment. The information will be secured from visual observations and secondary sources and compiled into a Relocation Assistance Report. Potential displacees will normally not be contacted at this time.

The Relocation Assistance Report will contain the following information:

An estimate of households to be displaced, including the family characteristics (e.g., minorities, approximate income levels, tenure, elderly, large families).
Divisive or disruptive effect on the community such as separation of residences from community facilities or separation of neighborhoods.
Impact of displacement on housing availability where relocation is likely to take place.
The number of businesses, nonprofit organizations and farms that would be acquired and the estimated number of employees affected.
An assessment of the effect the nonresidential displacements will have on the economy and stability of the community.
Major businesses being displaced that will require advance coordination and planning are to be contacted and advised of the studies being made by VDOT and of the opportunities for their input through public hearings and meetings.
A description of available housing in the area that is appropriate to provide housing for the types of families to be displaced. Contact should be made with local real estate firms, listing services, newspapers, housing agencies, local community organizations, etc.
A description of special relocation advisory services that will be necessary for identified unusual conditions, such as a concentration of elderly displacees.
A description of the actions proposed to remedy insufficient relocation housing, including, if necessary, housing of last resort. In the event it is found that there is an insufficient supply of housing, inquiries should be made of real estate developers, construction firms, public officials and interested parties to determine their willingness to assist in providing the necessary replacement housing and the conditions under which they would be willing to render this service.
Outcome of consultation with local officials, service agencies and community groups regarding the impact on the community affected.
An estimate of relocation costs, separated as follows:

a. Cost of moving personal property for residential units, businesses, farm operations and nonprofit organizations;

b. Cost of replacement housing payments for displaced individuals and families, including typical mortgage interest differentials and closing costs incident to the purchase of replacement facilities;

c. Cost potentially incurred by businesses, farms and nonprofit organizations in searching for replacement facilities; and

d. Reestablishment costs for small businesses, farms and nonprofit organizations.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-110 Relocation planning at acquisition stage

A. Prior to the initiation of negotiations the district relocation section will conduct a preacquisition survey of the project. The preacquisition survey is primarily a data gathering function to provide an inventory of relevant characteristics, circumstances and relocation needs of all residential and nonresidential displacees. It should also include a survey of available comparable replacement housing and replacement sites.

B. The district relocation staff will conduct interviews with individuals, families, businesses, farms and nonprofit organizations within the proposed right of way. It is important that accurate and detailed information be obtained that fully reflects the housing needs of each potential displacee.

When the relocation agent visits the potential displacee, the agent should explain that VDOT is conducting a data-gathering survey and that the visit in no way should be construed as a notice to move, or qualification for any relocation benefits. The following points should be explained to the occupant at the time this contact is made:

The persons involved must be in occupancy of the subject property when VDOT makes the written offer for the parcel (unless a notice of Intent to Acquire is issued) to qualify for relocation payments; and
The potential displacee should not make any financial commitments concerning replacement housing at this time. The property has not yet been acquired and a premature move could result in disqualification for benefits they would otherwise receive.

C. The survey should include the following information for each displacement unit:

The name, home address, home and work telephone numbers of the displacee and the best time to call.
The number of people residing in the dwelling, indicating each person's gender, age, and social security numbers for all adults (an adult is anyone age 18 or older).
A description of all buildings on the property and a list of all rooms in the dwelling unit. If a mobile home is situated on the parcel, state the exterior dimensions.
Any disabilities of the occupants which could affect relocation needs.
A statement as to whether or not the dwelling meets decent, safe and sanitary standards. If the dwelling does not meet standards, an explanation should be included.
The type of displacee, (owner or tenant) and identification of the type of dwelling unit now occupied, (house, apartment, room or mobile home). If the displacee is a tenant, determine if the unit is furnished or unfurnished.
The gross family income from all sources including wages, interest, social security, welfare (excluding food stamps), disability payments and other untaxed income.
The date the family occupied the dwelling. Care should be exercised in completing this item as it establishes eligibility for various relocation benefits. For tenants, an outside source, owners' rental records, etc., should verify the date of occupancy. Conflicting information about occupancy status must be resolved if they affect eligibility. Rent paid and the cost and type of utilities included in the rent should be secured. Also, determine if a special tenant-landlord relationship exists (son-father, etc.) and determine if the tenant performs any services in lieu of rent.
If an owner-displacee has an outstanding mortgage, the monthly payment, interest rate, original amount, term, and the unpaid balance should be secured.
The displacee's replacement housing intentions and preferences (specific school district, location, etc.).

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005.

24VAC30-41-120 Public meetings and hearings

A. General requirements. The district office will present information on real estate acquisition and displacement impacts and relocation services and benefits, at public meetings and hearings. An opportunity will be provided for public comments and questions. Copies of the right of way brochure will be available at all public meetings and hearings and distributed to interested individuals and organizations upon request.

B. Corridor (location) public hearing. The district office will present a summary of relocation program services, benefits and important qualification criteria, and a summary of the following relocation information compiled for the Relocation Assistance Report:

The estimated number of displacements of each classification that would be caused by each of the alignments under consideration;
The availability of relocation assistance and services, eligibility requirements and payment procedures.
A summary of the process and the methods that will be employed to assure that the housing needs of the displacees will be met.

C. Highway design or combined location and design public hearings. A presentation including the following information will be made at all design or combined location and design public hearings for projects on which the displacement will occur:

That no person shall be displaced from a residence unless a comparable replacement dwelling is available.
The services available under VDOT's relocation assistance advisory program, the address and telephone number of the local relocation office and the name of the relocation agent in charge.
The estimated number of individuals, families, businesses, farms and nonprofit organizations to be displaced.
The estimated number of dwelling units presently available that meet replacement housing requirements.
An estimate of the time necessary for relocation and the number of dwelling units meeting the replacement housing requirements that will become available during that period.
VDOT's replacement housing program need not be recited in detail because the brochure adequately covers these topics and a reference to secure answers to specific questions has been provided. It is important to selectively present items of special importance, such as the need to be in occupancy at initiation of negotiations to be eligible for benefits.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

Part III Written Notices

24VAC30-41-130 General

Written notices must be furnished each displaced person to ensure full understanding of the benefits and services available. A copy of the notices referred to in 24VAC30-41-140, 24VAC30-41-150, and 24VAC30-41-160 must be placed in the project files after delivery to each recipient.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-140 Notice of intent to acquire

A. The purpose of the notice of intent to acquire is to establish eligibility for relocation benefits prior to the initiation of negotiations for the parcel. It is utilized in exceptional circumstances to relieve hardship to displacees. It is primarily applicable to residential owners who are prevented from selling a home because of the knowledge in the area of an impending project. It is also applicable to tenants and to owners of unimproved property.

B. The Virginia Department of Transportation (VDOT) must determine that a hardship exists for the occupants of the property in order to utilize the notice of intent to acquire. Such hardship may arise from a change in employment requiring a move; illness or infirmity making it difficult to live in and maintain the occupied property; or financial inability to pay costs of ownership or rental.

C. When the notice of intent to acquire is furnished to an owner, it must also be furnished to any tenants within 15 days. When the notice is furnished a tenant, the owner must simultaneously be furnished with a copy of such notice.

D. The notice letter will include a statement of eligibility, the anticipated date of initiation of negotiations for the acquisition of the parcel and how additional information on relocation assistance benefits and services can be obtained.

E. The notice of intent to acquire will be issued only after authorization is received to initiate negotiations on the project, or authorization of acquisition of individual parcels solely for protective buying or because of hardship. When the notice is issued, every effort should be made to acquire the property as soon as possible, to prevent possible subsequent tenant occupancy and to minimize rental vacancy loss for the owner.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-150 Notice of replacement housing payment

A. Residential owners and tenant occupants will be advised in person or by certified mail of the amount of the maximum replacement housing payments for which they are eligible. This notice will also provide the specific comparable dwelling which was used as the basis for the purchase or rental supplement and which is referred to as available for occupancy.

B. When feasible the Replacement Housing Payment Notice should be delivered at the time of the initiation of negotiations for the parcel.

C. If the maximum purchase or rent supplement payment cannot be established prior to the initiation of negotiations due to unusual circumstances which exist, such as large household size, low family income, unusually large number of rooms in the existing dwelling, absence of available comparable dwellings, or any combination of these, the owners will be fully advised of the entitlement to benefits during the first negotiations contact. They will also be advised that they will not be required to move until at least 90 days after the date when comparable housing is offered and they are informed of the maximum replacement housing benefit amount for which they are eligible. Tenants for whom payment amounts are not yet established will be similarly advised.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-160 Ninety-day assurance notice

A. The construction or development of a highway project must be scheduled so that to the greatest extent practicable assurance will be made that no person lawfully occupying real property will be required to move from a dwelling, business, farm or nonprofit organization for at least 90 days from the date the written offer for the property is made by the department.

B. A 90-day assurance notice will be issued when a written offer for the property is made. In the case of a residential displacee, the 90-day assurance notice will be issued on or after the date a written offer for the property and the replacement housing payment offer have been made. The 90-day assurance notice will state that the displaced person will not be required to move from a dwelling, business, farm or nonprofit organization before 90 days from the date of the notice. The 90-day assurance notice will further state the displaced person will be given a specific date by which the property must be vacated in a final written notice to be issued at least 30 days in advance of the specific date.

C. The final written notice may be given to the displaced person at the time the department has legal possession of the property, provided the specific vacation date is at least 90 days after the date the written offer for the property was made and at least 30 days in advance of the date the property must be vacated. No written final notice will be required where a displaced person moves prior to the time such notice should be given. The file should indicate that the displaced person moved prior to the final notice being issued.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

Part IV Relocation Advisory Services

24VAC30-41-170 General

The relocation advisory services program will be carried out so that displacees will receive uniform and consistent services and payments regardless of race, color, religion, sex, or national origin. The services provided under this section are intended to assist displacees in relocating to decent, safe and sanitary housing that meets their needs. The services will be provided by personal contact. If personal contact cannot be made, the district office will document the file to show that reasonable efforts were made to achieve the personal contact.

Relocation advisory services shall be offered to:

Any displaced person as defined in 24VAC30-41-30.
Any person occupying property immediately adjacent to the real property acquired when VDOT determines that such person or persons are caused substantial economic injury because of the acquisition.
Any person who, as a result of the project, moves, or moves personal property from real property not being acquired for the project.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-180 Relocation offices

A. The need for the establishment of a relocation office to service the displacees located on a project will be determined on a project-by-project basis by the district manager. The main criteria for establishing a project office will be whether such an office would be efficient and responsive to displacee needs and an efficient use of staff resources. An adequate sign clearly visible to the public will identify all project site offices.

B. A local relocation office must be easily accessible to project area residents and business operators and shall be open during normal work hours and during evening hours when necessary to serve the project displacees. The office should be arranged so as to afford privacy during meetings with project residents and other persons having business at the office. At least one relocation agent will be assigned to the office with the primary responsibility of providing relocation assistance. The agent will be required to maintain regular contact with the project's displacees and be available for evening appointments at the convenience of the displacees.

The following information should be available:

Local ordinances pertaining to housing, building codes and open housing.
Consumer educational literature on housing, shelter costs and family budgeting.
Copy of VDOT's relocation brochure.
A current and continuing list of decent, safe and sanitary replacement dwellings, both for rent and for sale. The list will contain only fair and open housing available to persons without regard to race, color, religion, or national origin.
A similar list of commercial properties and locations for business.
Current data for such costs as security deposits for utilities, leases and closing costs, typical down payments, interest rates and terms, taxes, assessments, etc.
Maps showing location of schools, parks, playgrounds, shopping areas and appropriate public transportation routes, schedules and costs.
Any other important information of value to displacees.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-190 Minimum advisory assistance service requirements

A. Advisory assistance service will be provided by personal face to face contact with displacees whenever possible. Services will include measures, facilities or services necessary or appropriate to:

Determine the relocation needs, preferences and intentions of each person to be displaced.
Explain the relocation eligibility requirements and the procedures for obtaining such assistance. This will include a personal interview with each person. These actions are taken in the normal course of the pre-acquisition and negotiations phases.
Advise displacees that payments are not considered income for tax purposes.
Provide current and continuing information on the availability, purchase prices and rental costs of comparable replacement dwellings. Explain that no one can be required to move unless a comparable replacement dwelling is available.
Inform the person of the specific comparable replacement dwelling and the price or rent used as the basis for establishing the upper limit of relocation payments. The basis for the determination should be explained.
Provide reasonable opportunity to minority persons to relocate to decent, safe and sanitary replacement dwellings, not located in areas of minority concentration, that are within their financial means. This policy, however, does not require VDOT to provide a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling.
Offer all displacees, especially the elderly and disabled, transportation to inspect housing to which they are referred.
Provide current and continuing information on the availability, purchase prices and rental costs of suitable commercial properties and locations for businesses.
Assist any person displaced from a business or farm operation to obtain and become established in a suitable replacement location. Obtain information pertaining to the business' replacement site requirements, current lease terms and other contractual obligations and the financial capacity of the business to accomplish the move.
Minimize hardships to persons in adjusting to relocation by providing counseling, advice as to other sources of assistance that may be available and such other help as may be appropriate.
Supply persons to be displaced with appropriate information concerning federal and state housing programs, disaster loans and other similar programs administered by federal and state agencies.
Determine if a business has a need for an outside specialist required to assist in planning the move, assistance in the actual move, and in the reinstallation of machinery or other personal property.
For businesses, every effort must be made to identify and resolve realty/personalty issues prior to, or at the time of, the appraisal of the property.
Determine an estimate of the time required for the business to vacate the site and the anticipated difficulty in locating a replacement site.
Plan for any advance relocation payments required for the move and the required documentation to receive advance payments.

Advisory services will be offered on a basis commensurate with the displacee's needs. This may require only minimum assistance when displacees are involved who are well informed, mentally, physically and financially able to manage their displacement and who neither need nor desire VDOT's assistance. A much greater degree and intensity of services and assistance will be provided to those who are elderly, infirm, immobile or otherwise unable to cope with their displacement or economic problems.

B. The relocation agent must offer relocation assistance to every displacee. The displacee may specifically state that there is no need for assistance, other than providing payment offers and processing claims. Even then, the agent must make a subjective judgment as to the ability of the displacee to competently locate, acquire and occupy a decent, safe and sanitary replacement dwelling. If the relocation agent does not feel the displacee possesses the ability to relocate without help, the agent should make efforts to furnish assistance or refer other service providers having specialized knowledge, skills and programs.

C. The relocation agent will notify the displacee in writing of the availability of comparable replacement housing, even though the displacee may have no intention or desire to relocate into the specific dwelling units being referred. The relocation agent can fulfill this requirement by informing the displacee of the comparable replacement housing utilized in the supplemental evaluation and other lower priced comparables. The agent can then tailor continuing relocation efforts to locating replacement housing that meets the particular desires of the displacee.

D. The relocation agent should develop a multitude of sources for replacement housing. These sources will include, but are not limited to the following:

Real estate brokers and boards of realtors;
Multiple listing agencies;
Real estate developers;
Housing and Urban Development (HUD) and Veterans Administration (VA) area and region offices;
Builders and construction associations;
Real estate management firms;
Public housing agencies;
Newspaper advertisements;
Mobile home dealers; and
Banks and other lending institutions.

E. The relocation agent should maintain contact, exchange information and coordinate its relocation activities with other displacing agencies and with community organizations rendering services useful to displaced persons. Such agencies should include, but not be limited to: Social Welfare Agencies, Urban Renewal Agencies, Redevelopment Authorities, Federal Housing Administration, Veterans Administration, Small Business Administration, Farmer's Home Administration, Department of Community Affairs, Department of Housing and Urban Development and local Chambers of Commerce. Local private nonprofit housing service organizations and other community organizations should also be contacted and informed of general displacement activities and needs.

F. Once the displacee locates replacement housing, the agent should be sufficiently knowledgeable in real estate practices to guide the displacee through the procedures necessary to obtain this housing. It is not the responsibility of the agent to assume the role of the various real estate professions. The agent should however counsel the displacee concerning lease and purchase agreement provisions, security deposits, earnest money, mortgages and other forms of financing, closing costs and settlement procedures. The agent should advise the displacee to enter a decent, safe, and sanitary inspection clause in any lease or purchase agreement for replacement housing.

G. It is the duty of the agent to ensure that the displacee receives all payments and benefits to which the displacee is legally entitled. In order to facilitate the payment process, the agent shall assist the displacee in completing all required forms, as well as obtaining any necessary supporting documentation for the payment.

H. Immediately after each contact with the displacee, the agent shall enter on the contact record (Library Form RW-68A) a summary of topics discussed and conclusions or agreements reached. The record should indicate:

Date of the contact;
Person contacted;
Topics discussed;
Displacee's attitude and opinion;
Notation of available replacement housing offered, if any; and
Any other pertinent information obtained during the contact.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005.

Part V Moving Costs -- Residential Moves

24VAC30-41-200 General

A. A displaced individual or family is entitled to receive a payment for moving personal property. The displacee has the option of a payment based upon the actual reasonable moving expenses (commercial move or self-move), a fixed payment that is based on VDOT's room count schedule, or, in unusual circumstances, any combination of the above. An example of such a circumstance would be to have a commercial mover that will move the household items, but will not move certain personal property stored in a shed. The displacee can remove the items from the shed as a self-move.

B. The displacee is required to file a written application, Form RW-60A with VDOT and obtain approval prior to the date on which the move is to be accomplished. After the move has been completed, the displacee must complete and submit a relocation certification claim, Form RW-67A, within 18 months after the later of the following dates:

The date the displacee moves from the real property, or moves personal property from real property; or
The date of acquisition.

C. For relocation program purposes, a "family" is defined as two or more persons who share the same dwelling unit. Two or more occupants who share the same dwelling unit before displacement may relocate into separate units. If the move to separate units results from unavailability of units that will accommodate all persons, the occupants may each be reimbursed either on an actual cost basis or on a schedule move, which includes a dislocation allowance for each family. When the move into separate dwelling units is a voluntary decision and a single comparable dwelling unit is available, they may be reimbursed on a prorated share of the estimated cost of a single move as determined by VDOT. Alternatively, schedule move payments will be based on the number of rooms actually occupied by each family plus community rooms utilized by each family.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-210 Actual reasonable moving expenses

A. Move performed by commercial mover.

If a displaced individual or family desires to have a move performed by a commercial mover, the assigned relocation agent will obtain bids or estimates from two reputable moving companies. VDOT may pay the cost of obtaining bids or estimates, if approved by the district manager. VDOT will retain the right to reject any and all bids. The agent will also assure that all bids or estimates received are based upon the same move specifications and personal property inventory. The maximum payment will be the amount of the lowest acceptable bid or estimate. Since the displaced individual or family has the right to engage the services of any company, VDOT will pay the amount of receipted bills, but not to exceed the amount of the approved low bid or estimate.
If the actual cost of the move exceeds the estimated amount, the excess amount may be paid, if sufficient documentation is presented with the claim and the district recommends payment.
The displacee may present an unpaid mover's bill, along with the moving cost claim form, to VDOT for direct payment to the mover.

B. Self-move. An actual cost move may be carried out by the displacee in a self-move for actual, reasonable, and necessary costs expended. The relocation staff should work with the displacee to determine an amount necessary to move the personal property. The displacee may be reimbursed for time spent in moving. The hourly rate of the displacee's time should be reasonable and should not exceed the rates paid to skilled packers and movers of local moving firms. Receipts or other evidence of expenses are necessary for reimbursement. Displacees may not move themselves based on the cost of a commercial move.

C. Reimbursable costs include:

Transportation of personal property not to exceed 50 miles.
Transportation of persons up to 50 miles, at a mileage rate determined by VDOT, or actual reasonable cost. Special transportation, such as an ambulance for infirm displacees, may also be approved.
Packing, crating, unpacking and uncrating of the personal property.
Disconnecting, dismantling, removing, reassembling and reinstalling relocated household appliances and other personal property.
Storage of the personal property for a period not to exceed 12 months, unless the district office determines that a longer period is necessary. Storage costs cannot be paid if the storage site is a part of the acquired property or other property owned, leased or controlled by the displacee.
Insurance for the replacement value of the property in connection with the move and necessary storage.
The replacement value of property lost, stolen or damaged in the process of moving (through no fault or negligence of the displaced person, or an agent or employee of the displaced person) when insurance covering such loss, theft or damage is not reasonably available.

D. The following costs are ineligible for reimbursement as residential move expenses:

The cost of moving any structure or other real property improvement in which the displaced person reserved ownership;
Interest on a loan to cover moving expenses;
Personal injury;
Expenses for searching for a replacement dwelling;
Additional expenses of living in a new location; and
Refundable security and utility deposits.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005.

24VAC30-41-220 Moving expense schedule

A. In lieu of a payment for actual costs, a displaced person or family who occupies the acquired dwelling may choose to be reimbursed for moving costs based on a moving expense schedule established by VDOT based on a room count. The schedule is revised periodically, based on a survey of movers, to reflect current costs. The schedule is used by all acquiring agencies throughout the state by agreement coordinated by the Federal Highway Administration.

The room count used will include occupied rooms within the dwelling unit plus personal property located in attics, unfinished basements, garages and outbuildings, or significant outdoor storage. Spaces included in the count must contain sufficient personal property as to constitute a room.

B. A person with minimal personal possessions who is in occupancy of a dormitory style room shared by two or more other unrelated persons, or if the move is performed by VDOT at no cost to the person, shall be limited to $50.

C. The cost to move a retained dwelling, any other structure, or any item determined to be real estate prior to the move is not a reimbursable moving cost. However, if an owner-occupant retains the dwelling, including a mobile home, and chooses to use it as a means of moving personal belongings and furnishings, the owner-occupant may receive a moving cost payment based upon the moving expense schedule.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005; Volume 22, Issue 21, eff. July 26, 2006; Volume 30, Issue 26, eff. October 1, 2014; Volume 42, Issue 12, eff. March 12, 2026.

Part VI Moving Costs -- Businesses, Farms and Nonprofit Organizations

24VAC30-41-230 General

A. The operator of a displaced business, farm or nonprofit organization is entitled to receive payment for the following categories of actual costs associated with moving:

Moving costs for relocating all personal property including machinery, equipment and fixtures and disconnect/reconnect costs;
Search costs for a replacement location not to exceed $2,500; and
Reestablishment expenses not to exceed $25,000.

All moving expenses will be actual and reasonable. To assure this, the district office will monitor the process of conducting inventories, developing move specifications, securing commercial moving bids and estimates and observing the conduct of the move. Emphasis will be directed toward moves that are of a complicated nature or involve a substantial expenditure.

B. As an alternative to the actual cost reimbursement as explained above, the displaced business, farm or nonprofit organization that meets certain criteria may choose to receive a fixed payment in lieu of actual moving expenses not less than $1,000 or more than $75,000. The specific amount is based on the net income of the displaced business, farm or nonprofit organization.

The reimbursable actual moving expenses and the fixed payment in lieu of moving expenses are explained in detail in the remainder of this part.

C. The displaced business, farm, or nonprofit organization is required to file a written application, Form RW-60B with VDOT and obtain approval prior to the date on which the move is to be accomplished. After the move has been completed, the displacee must complete and submit a relocation certification claim, Form RW-67B, within 18 months after the later of the following dates:

The date the displacee moves from the real property, or moves personal property from real property; or
The date of acquisition.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005; Volume 22, Issue 21, eff. July 26, 2006.

24VAC30-41-240 Certified inventory

A. The owner of the displaced entity will prepare an inventory of the items to be actually moved. The inventory will be certified as true and correct as of a specific date by the person making it, as well as the owner of the business. The inventory will be provided to the district office along with the moving cost application, Library Form RW-60B.

B. The inventory will be checked against VDOT's approved appraisal for the real estate to preclude the possibility of paying to move items which have been classified as real estate. This inventory will also be furnished to all interested bidders in order to ensure that all bids are based on moving the same personal property.

In a complex or expensive move the assigned relocation agent will visually confirm the accuracy of the inventory as an element of monitoring the move.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-250 Actual reasonable moving costs

A. Eligible and ineligible moving costs. The following items are eligible for reimbursement as moving costs if they are reasonable and are actually incurred during the moving process:

Transportation costs for moving the personal property. The transportation charges will normally be reimbursed for up to the first 50 miles of travel. When the move exceeds 50 miles, all estimates should be prepared based upon a move of 50 miles. Similarly, the mover's bill must be detailed to show transportation costs for the first 50 miles as well as the cost for the remainder of the distance. When VDOT determines that the business cannot be relocated within a 50-mile limit, reimbursement will be allowed to the nearest adequate and available site.
Packing, crating, unpacking and uncrating the personal property.
Disconnecting, dismantling, removing, reassembling and reinstalling relocated machinery, equipment and other personal property. This includes connections to utilities available nearby. It also includes modification of the personal property necessary to adapt it to the replacement structure, the replacement site or the utilities at the replacement site and modifications necessary to adapt the utilities at the replacement site to the personal property. (Expenses for providing utilities from the right of way to the building or improvement are excluded.)
Storage costs not to exceed 12 months, including moving in and out of storage. Storage costs for a longer period may be approved if the district manager determines that a longer period is necessary. Costs for storage of personal property on a site owned, leased or controlled by the displaced person are not eligible.
Insurance for replacement value due to the loss, theft or damage to the personal property in connection with the move and necessary storage. Where insurance is not reasonably available, the replacement value of property lost, stolen or damaged in the process of moving may be paid, unless the loss results from fault or negligence of the displaced person, their agent, or employee.
Any license, permit or certification required at the replacement location. The payment may be based on the remaining useful life of the existing permit, license or certification.
Professional services necessary for planning the move, moving and installing personal property at the replacement location. This can include the displacee's time, provided the claim is well documented.
The relettering of signs and the cost of replacing stationery on hand at the time of the move that are made obsolete by the acquisition.
Providing utilities from right-of-way to improvements on the replacement site.
Professional services performed prior to the purchase or lease of a replacement site to determine its suitability for the displaced person's business operation including but not limited to, soil testing, feasibility and marketing studies (excluding any fees or commissions directly related to the purchase or lease of such site). At the discretion of the district office, a reasonable, preapproved hourly rate may be established.
Impact fees or one-time assessments for anticipated heavy utility usage.
Other moving related expenses that are not listed as ineligible in subsection B of this section as determined to be reasonable and necessary.

B. The following items are ineligible for reimbursement as moving costs:

Any additional expense incurred because of operating at a new location except as provided as a business reestablishment expense;
Cost of moving structures, improvements, or other items of realty retained by the owner;
Physical changes to the real property at the replacement location of a business, farm or nonprofit organization except as provided for in subsection A of this section and 24VAC30-41-310;
Interest on loans to cover moving expenses;
Loss of goodwill;
Loss of trained or skilled employees, or both;
Loss of business or profits, or both; and
Personal injury.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005.

24VAC30-41-260 Moves performed by a commercial mover

The district office will secure two independent bids or estimates from reputable and qualified moving companies, which VDOT may pay for if necessary. The movers will be provided with the certified inventory of the personal property to be moved. Arrangements will be made for an inspection of the site from which property will be moved. Bids will be solicited with the understanding that VDOT has the right to reject any and all bids. It is incumbent upon the district office to see that all bids received are based on the certified inventory and move specifications. The maximum payment will be limited to the lowest acceptable bid. The displacee has the right to engage any moving company to accomplish the move, and VDOT will pay the amount for the move supported by receipted bills not to exceed the amount of the approved low bid.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-270 Self-moves

A. Businesses, farms and nonprofit organizations have the option of performing a self-move. When the district office can obtain two acceptable bids or estimates from qualified moving firms based on the certified inventory, the owner may be paid the actual reasonable moving cost, not to exceed the amount of the low bid.

B. If such bids or estimates cannot be obtained, the business may submit a bid based on the actual, reasonable, and necessary expenses for a self-move. Labor is to be charged at the actual rates paid by the business, but not to exceed the rate charged by local moving firms for the same services. Receipts or other evidence of expenses must be submitted before payment is made to support actual cost.

C. In the case of a low-cost, uncomplicated move, a moving cost finding, not to exceed $2,500, may be prepared by qualified district office staff.

D. It is possible to have a business move in which part of the move is a self-move and another part is a professional move.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-280 Low value, high bulk personal property

When personal property which is used in connection with the business to be moved is of low value and high bulk, such as firewood, sand, gravel, etc., and the estimated cost of moving would be disproportionate in relation to its value, the district office may negotiate with the owner for an amount not to exceed the lesser of:

The amount that would be received if the property were sold at the site; or
The replacement cost of a comparable quantity delivered to the new business location.

However, the owner retains the right to have the property moved if desired.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005.

24VAC30-41-290 Actual direct losses of tangible personal property

A. Actual, direct losses of tangible personal property are allowed when a person who is displaced from a business, farm, or nonprofit organization is entitled to relocate such property but elects not to do so. This may occur if an item of equipment is bulky and expensive to move, but is obsolete and the owner desires to replace it with a new item that performs the same function. Payments for actual, direct losses can be made only after an effort has been made by the owner to sell the item involved. When the item is sold, payment will be determined in accordance with subsection B or C of this section. If the item cannot be sold, the owner will be compensated in accordance with subsection D of this section. The sales prices and the cost of advertising and conducting the sale must be supported by copies of bills, receipts, advertisements, offers to sell, auction records, and other data supporting the bona fide nature of the sale.

B. If an item of personal property that is used in connection with the business is not moved but is replaced with a comparable item at the new location, the payment will be the lesser of:

The replacement cost minus the net proceeds of the sale. Trade-in value may be substituted for net proceeds of sale where applicable; or
The estimated cost of moving the item to the replacement site but not to exceed 50 miles.

C. If the item is not to be replaced in the reestablished business, the payment will be the lesser of:

The difference between the market value of the item in place for continued use at its location prior to displacement less its net proceeds of the sale; or
The estimated cost of moving the item to the replacement site but not to exceed 50 miles.

D. If a sale is not effected under subsection B or C of this section because no offer is received for the property and the property is abandoned, payment for the actual direct loss of that item may not be more than the fair market value of the item for continued use at its location prior to displacement or the estimated cost of moving the item 50 miles, whichever is less, plus the cost of the attempted sale, irrespective of the cost to VDOT of removing the item.

E. The owner will not be entitled to moving expenses or losses for the items involved if the property is abandoned with no effort being made to dispose of it by sale or by removal at no cost. The district manager may allow exceptions to this requirement for good cause.

F. The cost of removal of personal property by VDOT will not be considered as an offsetting charge against other payments to the displaced person.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005; Volume 22, Issue 21, eff. July 26, 2006; Volume 30, Issue 26, eff. October 1, 2014; Volume 42, Issue 12, eff. March 12, 2026.

24VAC30-41-300 Searching expenses

A. A displaced business, farm operation, or nonprofit organization is entitled to reimbursement for actual expenses, not to exceed $2,500, as VDOT determines to be reasonable, which are incurred in searching for a replacement location, and includes expenses for:

Transportation. A mileage rate determined by VDOT will apply to the use of an automobile;
Meals and lodging away from home;
Time spent searching, based on reasonable salary or earnings;
Fees paid to a real estate agent or broker to locate a replacement site, exclusive of any fees or commissions related to the purchase of such site;
Time spent in obtaining permits and attending zoning hearings; and
Time spent negotiating the purchase of a replacement site based on a reasonable salary or earnings.

B. Documentation for a move search claim will include expense receipts and logs of times, dates, and locations related to the search.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005; Volume 22, Issue 21, eff. July 26, 2006; Volume 30, Issue 26, eff. October 1, 2014; Volume 42, Issue 12, eff. March 12, 2026.

24VAC30-41-310 Reestablishment expenses

A. A small business, farm, or nonprofit organization may be eligible to receive a payment, not to exceed $25,000, for expenses actually incurred in reestablishing operations at a replacement site. A small business, farm, or nonprofit organization that elects a fixed payment in lieu of actual moving expenses is not eligible for a reestablishment expense payment.

B. Eligible expenses. Reestablishment expenses must be reasonable and actually incurred. They may include the following items:

Repairs or improvements to the replacement real property as required by federal, state, or local law, code, or ordinance;
Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business;
Construction and installation costs for exterior signing to advertise the business;
Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling, or carpeting;
Licenses, fees, and permits when not paid as part of moving expenses;
Advertisement of replacement location;
Increased costs of operation during the first two years at the replacement site for such items as:

a. Lease or rental charges;

b. Personal or real property taxes;

c. Insurance premiums; and

d. Utility charges, excluding impact fees; and

Other items that VDOT considers essential to the reestablishment of the business.

C. Ineligible expenses. The following is a nonexclusive listing of ineligible reestablishment expenditures:

Purchase of capital assets, such as office furniture, filing cabinets, machinery, or trade fixtures;
Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the business operation;
Interest on money borrowed to make the move or purchase the replacement property; and
Payment to a part-time business in the home that does not contribute materially to the household income.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005; Volume 22, Issue 21, eff. July 26, 2006; Volume 30, Issue 26, eff. October 1, 2014; Volume 42, Issue 12, eff. March 12, 2026.

24VAC30-41-320 Fixed payment in lieu of actual costs

A. A displaced business, farm, or nonprofit organization meeting eligibility criteria may receive a fixed payment in lieu of a payment for actual moving and related expenses. The amount of this payment is equal to its average annual net earnings as computed in accordance with subsection E of this section, but not less than $1,000 nor more than $75,000.

B. Criteria for eligibility. For an owner of a displaced business to be entitled to a payment in lieu of actual moving expenses, the district office must determine that:

The business owns or rents personal property that must be moved in connection with such displacement and for which an expense would be incurred in such move, and it vacates or relocates from its displacement site.
The displaced business cannot be relocated without a substantial loss of its existing patronage (clientele or net earnings). A business is assumed to meet this test unless VDOT determines, for a stated reason, that it will not suffer a substantial loss of its existing patronage.
The business is not part of a commercial enterprise having more than three other entities that are not being acquired by VDOT and that are under the same ownership and engaged in the same or similar business activities. (For purposes of this rule, any remaining business facility that did not contribute materially to the income of the displaced person during the two taxable years prior to displacement shall not be considered "other entity.")
The business is not operated at displacement dwelling or site solely for the purpose of renting such dwelling or site to others.
The business contributed materially to the income of the displaced person during the two taxable years prior to displacement. However, VDOT may waive this test for good cause. A part-time individual or family occupation in the home that does not contribute materially to the displaced owner is not eligible.

C. In determining whether two or more displaced legal entities constitute a single business, which is entitled to only one fixed payment, all pertinent factors shall be considered, including the extent to which:

The same premises and equipment are shared;
Substantially identical or interrelated business functions are carried out and business and financial affairs are co-mingled;
The entities are held out to the public and to those customarily dealing with them as one business; and
The same person or closely related persons own, control, or manage the affairs of the entities.

The district office will make a decision after consideration of all the items in subdivisions 1 through 4 of this subsection and so advise the displacee.

D. A displaced farm operation may choose a fixed payment in lieu of the payments for actual moving and related expenses in an amount equal to its average annual net earnings as computed in accordance with subsection E of this section, but not less than $1,000 nor more than $75,000. In the case of a partial acquisition of land that was a farm operation before the acquisition, the fixed payment shall be made only if VDOT determines that:

The acquisition of part of the land caused the operator to be displaced from the farm operation on the remaining land; or
The partial acquisition caused a substantial change in the nature of the farm operation.

A displaced nonprofit organization may choose a fixed payment of $1,000 to $75,000 in lieu of the payments for actual moving and related expenses if VDOT determines that it cannot be relocated without a substantial loss of existing patronage (membership or clientele). A nonprofit organization is assumed to meet this test unless VDOT demonstrates otherwise. Any payment in excess of $1,000 must be supported with financial statements for the two 12-month periods prior to the acquisition. The amount to be used for the payment is the average of two years of annual gross revenues less administrative expenses.

Gross revenues for a nonprofit organization include membership fees, class fees, cash donations, tithes, receipts from sales, or other forms of fund collection that enable the nonprofit organization to operate. Administrative expenses are for administrative support, such as rent, utilities, salaries, advertising, and other similar items, as well as fundraising expenses. Operating expenses are not included in administrative expenses.

E. Payment determination. The term "average annual net earnings" means one-half of all net earnings of the business or farm before federal, state, and local income taxes during the two tax years immediately preceding the tax year in which the business or farm is relocated. If the two years immediately preceding displacement are not representative, VDOT may use a period that would be more representative. For instance, proposed construction may have caused recent outflow of business customers, resulting in a decline in net income for the business.

The term "average annual net earnings" includes any compensation paid by the business to the owner, spouse, or dependents during the two-year period. In the case of a corporate owner of a business, earnings shall include any compensation paid to the spouse or dependents of the owner of a majority interest in the corporation. For the purpose of determining majority ownership, stock held by spouses and their children shall be treated as one unit.

If the business, farm, or nonprofit organization was not in operation for the full two taxable years prior to displacement, net earnings shall be based on the actual period of operation at the displacement site during the two taxable years prior to displacement, projected to an annual rate.

F. Information to be provided by owner. For the owner of a business, farm, or nonprofit organization to be entitled to this payment, the owner must provide information to support the net earnings of the business, farm, or nonprofit organization. State or federal tax returns for the tax years in question are the best source of this information. However, certified financial statements can be accepted as evidence of earnings. The tax returns furnished must either be signed and dated or accompanied by a certification from the business owner that the returns being furnished reflect the actual income of the business as reported to the Internal Revenue Service or the State Department of Taxation for the periods in question. The owner's statement alone would not be sufficient if the amount claimed exceeded the minimum payment of $1,000.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005; Volume 22, Issue 21, eff. July 26, 2006; Volume 30, Issue 26, eff. October 1, 2014; Volume 42, Issue 12, eff. March 12, 2026.

Part VII General Provisions for Replacement Housing Payments

24VAC30-41-330 General

Individuals and families displaced from a dwelling are eligible for purchase or rental supplement payments in accordance with the provisions of this part. The purpose of the purchase or rental supplement is to enable the displaced household to relocate to decent, safe and sanitary replacement housing that is within financial means. The specific type of payment will depend on the status as owner or tenant and length of occupancy at the displacement dwelling. There are also conditions for payment including the requirement that the displacee occupy replacement housing that meets decent, safe and sanitary standards and submit a claim within the required period. The key terms used in this part are defined as follows:

"Incidental expenses" mean closing and other costs incidental to the purchase of a replacement dwelling.

"Increased interest payment" means the amount which will reduce the mortgage balance on a new mortgage to an amount that will be amortized with the same monthly payment for principal and interest as that for the mortgage on the displacement dwelling.

"Purchase supplement payment" means the amount which, when added to the acquisition value, equals the cost of comparable replacement housing.

"Rent supplement payment" means the amount which equals 42 times the difference between base monthly rental of a displacement dwelling and the monthly rent of a comparable dwelling.

"Replacement housing payment" means the total of the amounts established for a displacee under the definitions listed in this section.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-340 Fully eligible occupants

A. A fully eligible owner-occupant of 90 days or more may receive either a purchase supplement payment plus increased mortgage interest costs and incidental costs not to exceed $31,000 or a rent supplement subject to the conditions set forth in 24VAC30-41-510.

A fully eligible tenant-occupant of at least 90 days may receive either a down payment supplement including closing costs, not to exceed $7,200 and subject to the conditions set forth in 24VAC30-41-570, or a rent supplement, not to exceed $7,200.

B. The above limits of $31,000 and $7,200 do not apply if a displacee's circumstances with regard to available replacement housing require the use of last resort housing provisions. It is VDOT's obligation to enable the displacee to relocate to comparable replacement housing while retaining original status as either an owner or a tenant. This obligation overrides any monetary limit, which would otherwise apply. Refer to Part XI (24VAC30-41-650 et seq.) of this chapter for last resort housing provisions.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-350 Partially eligible occupants

A person who occupies a dwelling prior to its acquisition by VDOT, but who did not occupy it long enough (90 days) to gain full eligibility, may still qualify for a last resort housing rent supplement when a comparable rental is not available within their financial means.

When length of occupancy places a person in this category, a rent supplement computation using the base rent must be computed and offered. Regardless of the amount, an offer under these circumstances must be documented using last resort housing procedures (see 24VAC30-41-660).

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005.

24VAC30-41-360 Requirements to receive payment

A. In addition to length of occupancy provisions, the displaced person must occupy a decent, safe and sanitary dwelling, as defined in 24VAC30-41-30, within one year, beginning on the following dates:

Owner-occupant of 90 days or more. The date on which the owner received payment of the entire consideration for the acquired dwelling in negotiated settlements, or in the case of condemnation, the date on which the certificate was filed and the amount set forth in the certificate was made available for the benefit of the owner.
Tenant-occupant of 90 days or more. The date on which the move occurs. An occupancy affidavit (Form RW-62C) shall be secured as evidence of occupancy.

A displaced person who cannot occupy the replacement dwelling within the one-year time period because of construction delays beyond reasonable control, will be considered to have purchased and occupied the dwelling as of the date of the contract to purchase. The replacement housing payment under these conditions may be deferred until replacement housing is actually occupied.

B. Upon relocating, the displacee must properly complete the appropriate application, Library Form RW-65A(1), RW-65B(1), or RW-65C(1) to receive a replacement housing payment and submit them to the district manager. The application must be filed no later than six months after the expiration of the one-year period specified in subdivisions A 1 and A 2 of this section. In condemnation cases the one-year period is extended to six months after final adjudication. The district office must stamp the application to show the date of its receipt. Where husband and wife both hold title to the property, or there is more than one owner-occupant, each owner must sign the application for payment. In the case of tenant-occupants, each must sign the application for payment.

C. The payment may be made directly to the displaced persons whose names are on the application for payment. On written instruction from a tenant-displacee, payment may be made to the lessor for rent. For an owner, payment may be made to the seller or lending agency at closing on the replacement property. If payment is made at closing, it will be personally delivered by a district office employee who will remain present to assure that the full purchase supplement amount is credited to the purchase of the replacement dwelling. If this is performed, the occupancy requirement will be considered met at the completion of closing, providing an occupancy agreement has been signed.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-370 Inspection for decent, safe and sanitary housing

Before submitting the displacee's claim for payment, a district relocation agent must inspect the replacement dwelling and determine that it meets the standards for decent, safe and sanitary housing. This inspection is to be made to the extent necessary to obtain the information to accurately complete Library Form RW-69B. A copy of Library Form RW-68A showing the dates and substance of all contacts with the displacee must accompany this completed form. This inspection is made solely for the purpose of determining the eligibility of relocated individuals and families for payment under this section and is not a representation for any other purpose.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-380 Multiple occupancy of same dwelling unit

A. If eligible multiple occupants occupy the same dwelling unit, they will be considered to constitute a family for relocation purpose if a comparable replacement dwelling is available. The occupants are entitled to only one replacement housing or rent supplement payment. If a comparable replacement dwelling is not available, a replacement housing or rent supplement payment for each occupant will be based on housing which is comparable to the quarters privately occupied by each occupant plus community rooms which have been shared with other occupants.

B. When all individuals displaced from one dwelling do not relocate into decent, safe and sanitary housing, those individuals who do relocate into decent, safe and sanitary housing will be paid the pro rata share of the appropriate payment they would have received if all individuals had relocated together in the same ownership or rental status as they had at the time of initiation of negotiations.

C. If eligible multiple occupants of the displacement dwelling move to separate replacement dwellings, each occupant is entitled to a reasonable prorated share, as determined by VDOT, of any relocation payments that would have been made if the occupants moved together to a comparable replacement dwelling.

D. If VDOT determines that two or more occupants maintained separate households within the same dwelling, such occupants have separate entitlements to relocation payments.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

Part VIII Replacement Housing Payments for Owner-Occupants of 90 Days or More

24VAC30-41-390 General

A displaced owner-occupant of a dwelling may receive a replacement housing payment, the elements of which will not exceed $31,000 except when last resort housing has been authorized. The elements included in the replacement housing payment are: additional costs necessary to purchase replacement housing (purchase supplement); compensation to the owner for the increased interest cost and other debt service costs that are incurred in connection with a mortgage or mortgages on the replacement dwelling; and reimbursement to the owner for expenses incidental to the purchase of replacement housing when such costs are incurred as specified by the provisions of this chapter.

The purchase supplement is the amount, if any, which when added to the amount for which VDOT acquired the dwelling, equals the actual cost that the owner is required to pay for a decent, safe and sanitary dwelling or, if lesser, the amount determined by VDOT as necessary to purchase a comparable decent, safe and sanitary dwelling.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-400 Eligibility

An owner-occupant is entitled to a replacement housing payment when:

The owner is in occupancy at the initiation of negotiations for the acquisition of the property, or is in occupancy at the time a written notice of intent to acquire is delivered by VDOT;
Such ownership and occupancy has been for at least 90 consecutive days immediately prior to the earlier of the initiation of negotiations, or the date of vacation if a notice of intent to acquire has been issued;
Purchase and occupancy of a decent, safe and sanitary dwelling has occurred within the specified time period; and
If otherwise eligible, the owner-occupant can receive these payments if the move was a result of the initiation of negotiations, even though VDOT did not acquire the property.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-410 Purchase of replacement dwelling

A. For the purpose of this section, a displaced person "purchases" a dwelling when:

An existing decent, safe and sanitary dwelling is acquired.
A life estate in a retirement home is purchased. The actual cost will be entrance fee plus any other monetary commitments to the home, except periodic service charges may not be considered. The replacement housing payment is limited to the reasonable cost of purchasing a comparable replacement dwelling less the acquisition cost of the acquired dwelling.
A dwelling previously owned or acquired is relocated or rehabilitated, or both. The basis for determining the purchase supplement will be the current value of the dwelling at the time of relocation.
Construction is completed or contracts have been executed for the construction of a new dwelling on a site owned or acquired. The actual cost provision limits the reimbursable construction cost to only those costs necessary to construct a dwelling comparable to the one acquired. The costs of adding new features that clearly exceed comparable features in the displacement dwelling are not eligible for reimbursement. Eligible costs of the site will be limited to the current residential fair market value of the replacement site rather than what the displaced person actually paid for it.
Any person who has obtained legal ownership of a replacement dwelling or land upon which the replacement dwelling is located, constructed or relocated to, either before or after displacement and occupies the replacement dwelling after being displaced, but within the time limit specified in 24VAC30-41-360 is eligible for a replacement housing payment if the replacement dwelling meets the decent, safe and sanitary standards. The current fair market value of land and dwelling will constitute the "actual cost" in the replacement housing determination.

B. When the replacement dwelling has decent, safe and sanitary deficiencies, the cost to correct such deficiencies may be added to the current fair market value of a previously owned dwelling, or the purchase price of the acquired replacement dwelling.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-420 Advance replacement housing payments in condemnation cases

An advance replacement housing payment may be paid to a property owner if the payment of the acquisition price for the displacement dwelling is delayed pending the outcome of condemnation proceedings. A provisional replacement housing payment may be determined by using the amount of the Certificate as the acquisition price.

Payment can be made upon the owner-occupant signing the agreement included on Library Form RW-65A(1) that:

Upon final determination of the condemnation proceedings, the replacement housing payment will be recomputed using the acquisition price determined by the court.
If the amount awarded by the court for the value of the residential unit exceeds the Certificate amount, the displacee will make a refund for any excess replacement housing payment resulting from the court judgment. The difference in the replacement housing payment will be deducted from the court award before final payment is made. However, in no event will the refund be more than the amount of the replacement housing payment advanced. If the property owner fails to execute the Provisional Replacement Housing Payment Clause on Library Form RW-65A, the replacement housing payment will be deferred until the case is adjudicated.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-430 Purchase supplement payment computation

A. Method.

The probable selling price of a comparable dwelling will be determined by the district office by analyzing at least three dwellings from the inventory of available housing, Library Form RW-69B, which are available on the private market and which meet the criteria of a comparable replacement dwelling. Less than three comparables may be used for this determination when fewer comparable dwellings are available. The relocation agent performing the determination must provide a full explanation supporting the determination, including a discussion of efforts to locate more than one comparable. One comparable, from among those evaluated and considered, will be selected as the basis for the purchase supplement determination. The selection will be made by careful consideration of all factors in the dwellings being considered that affect the needs of the displacee with reference to the elements in the definition of comparable replacement housing.
If comparable decent, safe, and sanitary housing cannot be located after a diligent search of the market, available non-decent, safe, and sanitary replacement dwellings may be used as the basis for the maximum amount of the purchase supplement. In these cases, the maximum payment will be established by obtaining cost estimates from persons qualified to correct the decent, safe, and sanitary deficiencies and adding this amount to the probable selling price of the available replacement housing.

A displacee will not be required to vacate the displacement dwelling until decent, safe, and sanitary housing has been made available.

B. Major exterior attributes. When the dwelling selected in computing the payment is similar, except it lacks major exterior attributes present at the displacement property, such as a garage, outbuilding, or swimming pool, the appraised value of such items will be deducted from the acquisition cost of the acquired dwelling for purposes of computing the payment. No exterior attributes are to be added to the comparable. However, the added cost of actually building an exterior attribute at the replacement property occupied may be added to the acquisition cost provided major exterior attributes having the same function are found in the displacement property and in the comparable used to determine the maximum payment.

The following calculation shows how a purchase supplement is determined when a major exterior attribute is present:

| Example Major Exterior Attribute (swimming pool) | | | --- | --- | | The appraiser assigned $5,000 contributing value for the pool, and a total property value of $100,000. A comparable house, not having a pool, is listed for sale at $105,000. After a 3.0% adjustment, a probable selling price of $101,850 is determined for the comparable property. The purchase supplement amount is computed below: | | | Comparable Dwelling (adjusted) | $101,850 | | Less: | | | Displacement property value | $100,000 | | Less value of the pool | $5,000 | | Adjusted displacement property value | $95,000 | | Purchase Supplement Amount | $6,850 |

C. Comparable housing not available.

In the absence of available comparable housing upon which to compute the maximum replacement housing payment, the district office may establish the estimated selling price of a new comparable decent, safe, and sanitary dwelling on a typical home site. To accomplish this, the district office will contact at least two reputable home builders for the purpose of obtaining firm commitments for the cost of building a comparable dwelling on a typical home site.
If the only housing available greatly exceeds comparable standards, a payment determination may be based on estimated construction cost of a new dwelling that meets, but does not exceed, comparable standards.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005; Volume 22, Issue 21, eff. July 26, 2006; Volume 30, Issue 26, eff. October 1, 2014; Volume 42, Issue 12, eff. March 12, 2026.

24VAC30-41-440 Highest and best use other than residential

When the acquired dwelling is located on a site where the fair market value is established on a use higher and better than residential, the purchase supplement maximum amount will be determined by deducting the acquisition price of the acquired dwelling plus the acquisition price of that portion of the acquired land which represents a tract typical in size for the area from the probable selling price of the most comparable listing. The following calculation shows how this amount is determined:

| Example Acquired Dwelling on Commercial Zoned Site | | | --- | --- | | The acquired house (whole take) is on a five-acre site zoned commercial. The typical residential lot in the area is one acre. The land is appraised at $50,000/acre and the dwelling is valued at $10,000 as an interim use. A comparable house on a residentially zoned lot is available for $70,000 (after adjustment). The maximum purchase supplement amount is determined below: | | | Displacement property value | $100,000 | | Comparable property | $70,000 | | LESS: Value of the house acquired on one acre | $60,000 | | Maximum Purchase Supplement Amount | $10,000 |

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-450 Mixed-use properties

A. When the acquired dwelling unit is part of a structure which also includes space used for nonresidential purposes, the amount of the purchase supplement offer will be determined by using only that part of the fair market value that is attributable to the residential use of the acquired property. The following calculation shows how this amount is determined:

| Example Displacement Property in Residential and Commercial Use | | | --- | --- | | A grocery storeowner lives in a two-bedroom, one-bath apartment above the store. The residential unit has 1,200 sq. ft. of habitable living space. The property is appraised at $150,000. The appraiser allocated 40% of total property value to the residence. There are several two-bedroom, one-bath units available for sale. They are: (i) a duplex with two identical units - $125,000; (ii) a single-family house - $75,000; (iii) a condo unit in a sixplex - $50,000. | | | Most comparable property: a) duplex unit. | Value $62,500 | | LESS: Displacement dwelling. | Value $60,000 | | Maximum Purchase Supplement Amount | $2,500 |

When the replacement property is a structure which includes space used for nonresidential purposes, only that part of the total cost that relates to the value of the owner's living unit will be used when determining the purchase supplement payment.

B. When the replacement property contains buildings other than the residence which are used for nonresidential purposes, the value of these buildings must be carved out of the entire purchase price of the replacement property in order to determine the residential use value. The residential use value will represent the amount paid for replacement housing when determining the purchase supplement payment amount. The following calculation shows how this amount is determined:

| Example Displacee Purchases Mixed Use Replacement Property | | --- | | A family displaced from a single-family house (acquisition value $80,000, purchase supplement $10,000) contracts to purchase an operating chicken farm for $250,000. They will live in the farmhouse, which has an estimated value separate from the farm of $85,000. The displaced family submits a claim for the full $10,000 maximum purchase supplement amount. | | The family is eligible to receive $5,000, not $10,000, as a Purchase Supplement Payment | | Before processing the claim for payment, the district office must determine the value of the farmhouse on a lot normal for residential use in the area. This will determine the payment ceiling. The part of the purchase price attributable to the farm operation ($165,000) is not to be considered in the claim. This should have been explained to the displaced family members before they search for replacement property. |

C. When the acquired property consists of a multi-family structure of which one unit is owner-occupied, the amount of the supplemental offer will be the difference between the value of one unit of a multi-family comparable and the value of the owner occupied residential-use portion of the acquired property. When the replacement property is a multi-family structure, only the value of the owner's living unit can be used to determine the supplemental payment, not the entire purchase price. The purchase supplement amount will be the price of one unit of a multi-family comparable or the price of one unit of a multi-family replacement, whichever is less, minus the residential use portion of the acquired property.

The following calculation shows how this amount is determined:

| Example Owner Displaced from Condominium Unit | | --- | | The acquired dwelling is a condominium unit in a building containing three stores and six residential units. The appraised value of the building is $1 million. The value of the displacee's unit is $120,000. | | The purchase supplement is the cost of a comparable condo unit in a similarly configured building having residential and commercial units, less the $120,000 attributed to the displacement unit. | | There may not be a condominium unit on the market in a mixed use, six residential unit building. Look for units in buildings having five, four, three, or two units. Use the "most comparable" unit considering the ownership form and configuration of units, as well as other factors. |

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-460 Partial take of a typical residential site

A. Remaining buildable site. If the acquisition of a portion of a typical residential property causes the displacement of the owner from the dwelling and the remainder is a buildable residential site, VDOT will offer to purchase the entire property. If the owner refuses to sell the remainder which is a buildable site to VDOT, the fair market value of the remainder will be added to the acquisition cost of the acquired property for the purposes of computing the maximum purchase supplement payment.

B. Remaining uneconomic remnant. If the owner refuses to sell the residue that is an uneconomic remnant to VDOT, the value of the take and damages to the remainder will be used in computing the replacement housing payment.

C. Larger tract than normal. If the acquired property is a dwelling on a significantly larger site than typical for residential use in the area, the maximum replacement housing payment is the asking price of a comparable replacement dwelling on a tract typical in size for residential use, less the acquisition price of the acquired dwelling and the portion of the site which represents a typical size residential lot in the area. The following calculation shows how this amount is determined:

| Example Partial Take From Larger than Typical Residential Site | | | --- | --- | | The displacement dwelling is on a five-acre site. One-acre lots are typical in the area. The house and three acres are being acquired. Appraised value: $125,000 (no remainder damage). The appraiser valued land at $5,000/acre. A comparable house on one acre is available. It is estimated it will sell for $120,000 (adjusted listing price). | | | Comparable property | $120,000 | | LESS: Displacement property | $115,000 | | Maximum Purchase Supplement Amount | $5,000 | | * $10,000 value of two acres of acquisition area excess to typical lot has been deducted. | |

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-470 Payment to occupant with a partial ownership

A. When a displacement dwelling is owned by several persons and occupied by only some of the owners, the replacement housing payment will be the lesser of:

The difference between the owner-occupants' share of the acquisition cost of the acquired dwelling and the actual cost of the replacement; or
The difference between the total acquisition cost of the acquired dwelling and the amount determined by the district as necessary to purchase a comparable dwelling.

Generally, the circumstance of partial owner occupants arises when the ownership comes from a family inheritance, where one or more, but not all the heirs, occupy the property.

B. If the displaced partial owner-occupants rent rather than purchase a replacement dwelling, they will be entitled to receive a rent supplement payment if they rent and occupy a decent, safe and sanitary dwelling in accordance with the provisions of 24VAC30-41-510 of this chapter.

C. If unusual circumstances would create an unintended hardship on the occupants with a partial ownership, the full facts along with a recommended solution are to be submitted to the central office for consideration.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-480 Revisions to replacement housing amount

Housing must be offered which is available for purchase within the offered amount. When comparable housing is no longer available within the amount initially established, the district office will review the housing market and establish a revised replacement housing amount. In no event will a purchase supplement amount previously offered be reduced as the result of this review.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-490 Increased interest payments

A. General. Increased interest payments are provided to compensate a displaced person for higher increased interest costs required for financing a replacement dwelling. The increased interest payment will be allowed only when the dwelling acquired by VDOT was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than 180 days before the established eligibility date under Part VII (24VAC30-41-330 et seq.) of this chapter (usually date of initial offer to purchase). All bona fide mortgages on the dwelling acquired by VDOT will be used to compute the increased interest portion of the replacement housing payment. Home equity loans are valid mortgages on residential real property regardless of how the proceeds from the loans are used. Therefore, they must be included in the computation. In the case of a home equity loan the unpaid balance shall be that balance which existed 180 days prior to the initiation of negotiations or the balance on the date of acquisition, whichever is less. When the property is secured with an adjustable rate mortgage, the mortgage interest rate that is current on the property as of the date of acquisition will be used in the computation. The displaced person will be advised of the approximate amount of this payment as soon as the facts relative to the person's current mortgages are known. The payment will be made at the time of closing on the replacement dwelling, so that the new mortgage can be reduced.

B. Payment computation. The computation of the payment for increased interest costs will be the amount which will reduce the mortgage balance on the replacement dwelling to an amount which could be amortized with the same monthly payment for principal and interest as that for the mortgage or mortgages on the displacement dwelling. The amount of the increased interest payment will be computed by the district office, utilizing Library Form RW-66, based on:

The unpaid mortgage balances on the displacement dwelling; however, in the event the person obtains a smaller mortgage than the mortgage balance computed in the buydown determination, the payment will be prorated and reduced accordingly.
The remaining term of the mortgage or mortgages on the displacement dwelling or the term of the new mortgage, whichever is shorter.
The interest rate on the new mortgage which shall not exceed the prevailing fixed interest rate for conventional mortgages currently charged by mortgage lending institutions in the area in which the replacement dwelling is located.

C. To whom payment is made. The increased interest amount can be paid to the displaced individual or family. On written instruction from the displacee, it can be paid to the mortgagee of the replacement dwelling. Upon specific request, VDOT can make an advance payment into escrow prior to the displacee moving.

The following calculation shows how this increased interest cost is determined:

| Example Increased Mortgage Interest Payment | | | | --- | --- | --- | | FACTS: | | | | | 1. Outstanding balance – acquired dwelling mortgage | $43,210 | | | 2. Outstanding balance – replacement | $47,000 | | | 3. Remaining term, in months, acquired dwelling mortgage | 212 | | | 4. Term, in months, replacement dwelling mortgage | 360 | | | 5. Interest rate – acquired dwelling mortgage | 7.5% | | | 6. Interest rate – replacement mortgage | 8.0% | | DETERMINATION: | | | | | 1. Monthly payment required to amortize a loan of $43,210 in 212 months at an annual rate of 7-1/2% | $368.38 | | | 2. Amount of reduced loan having a monthly payment of $368.38 for 212 months at interest rate of 8% | $41,749 | | | 3. Increased Mortgage Interest Payment: $43,210 - $41,749 | $1,462 |

D. Partial acquisition.

When the displacement or the replacement dwelling is located on a tract larger than normal for residential use in the area, the interest payment will be reduced to the percentage ratio that the respective acquisition price bears to the value of the part of the property normal for residential use property, except the reduction will not apply when the mortgagee requires the entire mortgage balance to be paid because of the acquisition and it is necessary to refinance.
Where a dwelling is located on a tract larger than normal for residential use in the area, the total mortgage balance will be reduced to the percentage ratio that the value of the residential portion bears to the before value for computational purposes. This reduction will apply whether or not it is required that the entire mortgage balance be paid.

E. Multi-use properties. The interest payment on the multi-use properties will be reduced to the percentage ratio that the residential value of the multi-use property bears to the before value.

F. Other highest and best use. If the dwelling is located on a tract where the fair market value is established on a higher and better use than residential and if the mortgage is based on residential value, the interest payment will be computed as provided in the appropriate sub-section above. If the mortgage is obviously based on the higher use, however, the interest payment will be reduced to the percentage ratio that the estimated residential value of the parcel has to the before value.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-500 Incidental expenses (closing costs incurred in purchase of replacement dwelling)

The incidental expenses payment is the amount necessary to reimburse the homeowner for the reasonable costs actually incurred incidental to the purchase of the replacement dwelling, but not for prepaid expenses such as prepaid real estate taxes, fire insurance, etc. Such costs include the following items if normally paid by the buyer:

Legal, closing and related costs, including those for title search and mortgage insurance, preparing conveyance instruments, notary fees, preparing surveys and plats and recording fees;
Lender, Federal Housing Administration (FHA) or Veterans Administration (VA) appraisal fees;
FHA or VA application fee;
Professional home inspection or certification of structural soundness when required by the lender;
Credit report;
Owner's and mortgagee's evidence of title, e.g., title insurance, (not to exceed the cost for the comparable replacement dwelling);
Escrow agent's fee;
State and local revenue or documentary stamps, sales or transfer taxes charged to record deed (not to exceed the costs for a comparable replacement dwelling);
Loan origination or assumption fees that do not represent prepaid interest;
Purchaser's points, but not seller's points, normal to similar real estate transactions; and
Such other costs as VDOT determines to be incidental to the purchase.

No fee, cost, charge or expense is reimbursable as an incidental expense when it is determined to be part of the debt service or finance charge under the Truth in Lending Act. Except when the replacement housing amount is paid into escrow, the combined total of the payments under this section will be claimed and paid in a lump sum.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005.

24VAC30-41-510 Owner-occupant of 90 days or more who rents

A. An owner-occupant eligible for a replacement housing payment under this section who elects to rent a replacement dwelling is eligible for a rental replacement housing payment. The amount of a rent supplement also will not exceed the amount the displaced family would have received had the family purchased replacement housing.

B. The payment is to be computed and disbursed in accordance with the provisions of 24VAC30-41-520, except that the present rental rate for the displacement dwelling will be the economic rent.

C. An owner-displacee retains eligibility for a replacement housing payment if replacement housing is purchased and occupied within one year after the date of final payment is received for the acquired property. Further, eligibility to submit a claim for relocation benefits extends for 18 months from the date of final payment for the acquired property. An owner who initially rents replacement housing may later purchase and qualify for a replacement housing payment. The total amount of the rent and the purchase supplements, however, will not exceed the amount that would have been received if the displacee had initially purchased replacement housing.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005; Volume 30, Issue 26, eff. October 1, 2014.

Part IX Replacement Housing Benefits for Tenants

24VAC30-41-520 General

A. A residential tenant who was in occupancy at the displacement dwelling for 90 days or more before the initiation of negotiations for the property is eligible to receive a rent supplement to provide for relocation to comparable replacement housing.

B. A tenant eligible under this category can receive a replacement housing payment not to exceed $7,200 to rent a decent, safe, and sanitary replacement dwelling. A tenant may be eligible for a down payment supplement up to $7,200. The monetary limit of $7,200 for a rental replacement housing payment, or a down payment supplement, does not apply if provisions of last resort housing are applicable (see Part XI (24VAC30-41-650 et seq.) of this chapter).

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005; Volume 22, Issue 21, eff. July 26, 2006; Volume 30, Issue 26, eff. October 1, 2014; Volume 42, Issue 12, eff. March 12, 2026.

24VAC30-41-530 Payment computation

A. The rental replacement housing determination is 42 times the amount obtained by subtracting the base monthly rental including utilities (heat, electric, water and sewer) for the displacement dwelling from the lesser of:

The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling as defined in 24VAC30-41-30; or
The monthly rent and estimated average monthly cost of utilities for the decent, safe and sanitary replacement dwelling actually occupied by the displaced person.

B. The district office will determine the rental rates of comparable housing by use of the three comparable methods (24VAC30-41-430), except with regard to the adjustment of asking price. Less than three comparables may be used for this determination when it is concluded, after a diligent search, that fewer comparable rental units are available. If the determination is based on fewer than three comparables, the project file will be documented as to the efforts to locate comparable housing.

C. The base monthly rental for the displacement dwelling is the lesser of:

The average monthly cost for rent and utilities at the displacement dwelling during the last three months. For an owner-occupant, use the fair market rent for the displacement dwelling. For a tenant who paid little or no rent for the displacement dwelling, use the fair market rent unless its use would result in a hardship because of the person's income or other circumstances; or
Thirty percent of the average gross household income from all sources if the amount is classified as low income by the U.S. Department of Housing and Urban Development (HUD). Income must be supported by tax documents, employer verification, etc. If the district manager determines that income is not disclosed or the amount is not adequately supported, the benefit will be based on rent and utilities in subdivision 1 of this subsection; or
The total of the amounts designated for shelter and utilities if receiving a welfare assistance payment from a program that designates the amount for shelter and utilities.

D. Utility costs of heat, electricity, water and sewer must be included in both the displacement and selected comparable rent. Reasonable efforts should be made to secure accurate information. The displacee's utility bills or a statement from the utility company is best. If actual costs are not available, a reasonable estimate should be made based on size and type of unit and other factors. The basis for the utility estimate should be documented in the project file.

E. If the displacee receives public assistance that allocates an amount for housing costs and the displacee has been informed of such allocation, the payment will be considered within the individual's financial means and the rent supplement will be computed in accordance with this section.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005.

24VAC30-41-540 Disbursement of rental replacement housing payment

The rental payment as determined in 24VAC30-41-530 shall be paid in a lump sum, unless the district manager determines that it should be paid in installments.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-550 $7,200 limit on offers

A rent supplement payment offer is limited to $7,200 under normal program authority. VDOT has an overriding responsibility, however, to enable tenant displacees to rent replacement housing within their financial means. See 24VAC30-41-30 for the definition of "financial means." If the payment computation exceeds $7,200, last resort housing provisions are applicable. See Part XI (24VAC30-41-650 et seq.) of this chapter for last resort housing provisions.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-560 Change of occupancy

If a tenant, after moving to a decent, safe and sanitary dwelling, relocates within the one-year period specified in 24VAC30-41-360 to a higher cost rental unit, another claim may be presented for the amount in excess of that amount which was originally claimed, but not to exceed the total rent supplement originally computed.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-570 Down payment benefit -- 90-day tenants

A. A displaced tenant eligible for a rental replacement housing payment who elects to purchase a replacement dwelling in lieu of accepting such rental assistance payment may elect to apply the entire computed payment to the purchase of a replacement dwelling. This payment may be increased to any amount, not to exceed $7,200, for the purchase of a replacement dwelling and related incidental expenses.

B. VDOT has a responsibility to enable a displacee to relocate to housing of the same tenancy or ownership status as was occupied before displacement. Efforts will be made through advisory assistance and the down payment benefit to assist a tenant to move to ownership, but the achievement of ownership by tenants is not a program requirement.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-580 Section 8 Housing Assistance Program for low income families

A. Program features.

Section 8 is a rent subsidy program funded by the U.S. Department of Housing and Urban Development (HUD) to enable low-income families to rent privately owned decent, safe and sanitary housing. Section 8 is administered by local housing agencies. Landlords receive a subsidy representing the difference between 30% of an eligible tenant's adjusted gross household income and reasonable housing rent as determined under program rules.

There are three types of Section 8 housing:

a. A certificate based on the income of the recipient and the rent paid;

b. A voucher, which pays a specific amount toward the recipient's rent; and

c. Market rehab unit.

The first two program types are portable, meaning the benefit moves with the recipient. The market rehab form stays with the housing facility.

Section 8 assistance has a feature that is superior to the relocation rent supplement in that it is not limited to 42 months, but continues as long as the recipient household is income eligible. The district office should make every effort to relocate existing Section 8 recipients to units in which their Section 8 benefits will continue. If a normal relocation rent supplement is paid, the local housing agency may consider this income, and disqualify the displaced household from eligibility for Section 8. It may be difficult to reenter the program, as there is usually a long waiting list. The district office should closely coordinate with the administering local housing agency.

B. Replacement housing payment computation. In order to transfer Section 8 benefits the recipient must relocate to a decent, safe and sanitary unit in which the owner agrees to participate in this program. Local housing agencies generally maintain current lists of participating owners and properties.

The criteria below will apply, corresponding to the type of Section 8 program the displacee is receiving:

For the certificate program, rent must be less than the ceiling set as fair market rent in the HUD schedule for the local area. Housing agencies will provide a copy of the current HUD established local schedule.
For a recipient in the voucher program, Section 8 will pay up to the housing authority approved payment standard for the area. This is usually 80-100% of the fair market rent in subdivision 1 of this subsection. The recipient may pay the landlord the difference if actual rent is higher than the standard.
Market rehab Section 8 recipients may remain in Section 8 on concurrence of the local housing agency and the landlord.

In determining the rent supplement amount, assume utility costs are the same as before relocation. An effort should be made to use comparable dwellings meeting Section 8 criteria. The standard of base monthly rent should be used, which is the lower of the following: existing rent before subsidy, market rent, or 30% of income. Under the Section 8 certificate program, rent paid should be the same as 30% of income. However, this will not always be the case in the voucher program. An example is provided below:

| | Example Rent Supplement - Section 8 Voucher Program | | | --- | --- | --- | | | FACTS BEFORE RELOCATION: | | | | Displacee household income | $1,000/month | | | 30% of income | $300/month | | | Fair market rent and contract rent | $550/month | | | Actual rent paid (Section 8 voucher = $225) | $325/month | | | AFTER RELOCATION: | | | | Displacee moves to comparable housing at $550/month and retains Section 8 voucher paying $225 to landlord. VDOT pays rent supplement on incremental difference between 30% of income ($300) and actual replacement rent ($325). | | | | ($325 - $300) X 42 months - $1,050 | |

C. Displacee options. The agent will inform the displacee of the replacement housing payment, both with and without Section 8 participation and advise of the following options:

Accept VDOT conventional rent supplement, which is limited to 42 months, and may disqualify the displacee for Section 8 in the future;
Receive down payment subsidy of $7,200 to assist in purchase of a replacement dwelling; or
Retain Section 8. VDOT will pay rent supplement only to the extent of any difference between Section 8 subsidy and base monthly rent (as in above example). In most cases, the VDOT payment will be $0. Tenants should be encouraged to accept this option if they plan to continue to rent and have no prospects of significant increase of income.

D. Tenant not on Section 8 before displacement. Determine rent supplement based on comparable unsubsidized housing, and the lesser of existing rent, market rent or 30% of income if classified as low income by HUD. This is a conventional rent supplement situation. If the tenant moves to Section 8 housing as a replacement, recalculate based on the net increase (if any) in monthly housing cost to the displacee after applying the Section 8 subsidy.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005; Volume 30, Issue 26, eff. October 26, 2014.

Part X Mobile Homes

24VAC30-41-590 General

Mobile homes have special legal and physical characteristics as opposed to conventional housing types. Mobile home occupants are entitled to the same relocation benefits as apply to all other displacees. However, certain policy adjustments and special benefit determination methods need to be employed because of the following unique characteristics:

Eligibility; personalty vs. realty. A mobile home may have legal status as either real estate or personalty depending on factors such as the permanency of its fixture to the ground, its condition, and the intention of the owner in placing the mobile home on its present location.

An initial presumption should be made that a mobile home located on proposed right of way is personalty, and that the present owner will retain ownership and move the mobile home from the right of way. However, in some cases it will be clear that the unit is part of the real estate. For instance, the mobile home that is on a concrete foundation with basement and is on a professionally landscaped site would be considered real estate. In many cases the distinction is not clear. Legal advice may be secured from the assistant attorney general. Also, the district manager should monitor mobile home personalty/realty determinations to assure that they are made on a fair and consistent basis.

A mobile home determined to be real estate will be acquired and the occupant, if the owner, will be provided relocation benefits as an owner-occupant-displacee.

A mobile home considered as personalty and not real estate may be acquired and relocation benefits provided as an owner occupant under the following circumstances:

a. The structural condition of the mobile home is such that it cannot be moved without substantial damage or unreasonable cost;

b. The mobile home itself is not and cannot economically be made a decent, safe and sanitary dwelling;

c. The mobile home cannot be relocated because there is no available comparable replacement site; or

d. The mobile home cannot be relocated because it does not meet mobile home park entrance requirements.

The determination as to whether to acquire an owner-occupied mobile home considered to be personalty should be made promptly after the first relocation contact has been made with the occupant. In making this determination, consideration must be given to whether the mobile home itself is not a decent, safe and sanitary unit because of its physical condition or its size. Under the procedures outlined in this section, it is not intended that an offer be made by VDOT to acquire a mobile home simply because of required utility deficiencies such as hot and cold running water and septic system. Considering the above, if it is determined by the district manager that VDOT has an obligation to offer to acquire the mobile home, the relocation agent is to contact several reputable mobile home dealers in the area to establish the amount that the mobile home would bring if offered for sale on the open market (salvage value or trade-in value, whichever is higher, shall be used when computing the price differential amount). Once this value is established and approved by the district manager, the approved amount will be used for comparison against the amount established as necessary for the displacee to purchase and relocate into comparable decent, safe and sanitary replacement facility. Upon approval of the maximum replacement housing payment, an offer is to be made for the purchase of the mobile home. Simultaneously, the displacee will be advised of the approved maximum replacement housing payment and the basis for establishing that amount. In the event the displacee refuses VDOT's offer, the district files are to be so documented and no further attempt made to acquire the mobile home. This being the case, the mobile home occupant is to be advised of the Replacement Housing Payment which is the difference between the established value of the mobile home and that amount necessary to acquire a comparable decent, safe and sanitary facility as computed above. Under these conditions the cost to move the mobile home is not an eligible expense.

If VDOT's offer to acquire the mobile home is accepted, the district must have the owner execute an agreement of sale. Upon delivery of the check to the owner, the district will obtain title to the mobile home, a bill of sale, an affidavit, or other proof of ownership. Upon relocation of the occupants, the disposal of the mobile home will be handled in the same manner as other acquired buildings.

Owner/tenancy status; mobile home and site. A characteristic unique to the mobile home payment computation is that there is often a divided ownership of the dwelling unit and its site. A mobile home occupant may own the dwelling but rent the site. Conversely, an occupant may own the site and rent the dwelling unit. Relocation benefits will conform to this feature by treating the site and the dwelling separately for purposes of determining replacement housing benefits. This is discussed more fully in 24VAC30-41-630.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-600 Mobile home park displacement

The proposed right of way may include a portion of a mobile home park. VDOT will determine whether a sufficient portion of the park is taken to cause the owner-operator of such park to discontinue business because of not having an economic remainder to conduct operations. If the remainder is not an economic unit as a mobile home park, all occupants of mobile home units will be considered displaced persons eligible for appropriate relocation benefits, whether or not the residue on which any of the mobile homes are located is acquired by VDOT. The owner-operator may qualify for benefits as a business displacee, as well a residential displacee, if the owner-operator resides in a unit on the property.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-610 Moving expenses

A. A nonoccupant owner of a rented mobile home can be paid for actual, reasonable cost of moving the mobile home or other personal property, or both, under provisions of 24VAC30-41-210.

If a displaced mobile home owner files a claim for actual moving expenses for moving the mobile home to a replacement site, the reasonable cost of disassembling, moving and reassembling attached items such as porches, decks, skirting and awnings, anchoring of the unit and utility "hook-up" charges are reimbursable. The cost of repairs or modifications to enable the unit to be moved to a replacement site may be paid. VDOT must determine in advance that it is necessary and practical to do so. Payment will be limited to the reasonable costs of moving the mobile home and making necessary repairs or modifications.

B. Nonreturnable entrance fees are reimbursable as part of actual cost moving expenses to an owner- or tenant-occupant, unless comparable mobile home parks are available which do not require entrance fees.

C. If the mobile home is not moved, the owner- or tenant-occupant may be paid for moving personal property in accordance with the moving expense schedule referred to in 24VAC30-41-220, or actual reasonable expenses in accordance with 24VAC30-41-210.

D. If the owner is reimbursed for the cost of moving the mobile home under these procedures, the owner is not eligible to receive a replacement housing payment, or rent supplement to assist in purchasing or renting a replacement mobile home. The person may, however, be eligible for a rent or purchase supplement to enable the displacee to secure a replacement site, as discussed in 24VAC30-41-630.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-620 Replacement housing payments; general

A. The ownership or tenancy of the mobile home, not the land on which it is located, determines the occupant's status as an owner or a tenant. The length of ownership and occupancy of the mobile home on the mobile home site will determine the occupant's status as a 90-day owner or tenant.

The mobile home must be occupied on the same site (or in the same mobile home park) for the requisite 90 days to make the occupant fully eligible for rent or purchase supplement benefits.

B. After the above eligibility determinations are made, the replacement housing payment is computed in two parts:

If the mobile home is being acquired, the replacement housing, or rent supplement payment is computed for the mobile home unit in accordance with the same procedures for any other dwelling unit.
The replacement housing or rent supplement payment is computed separately for the mobile home site in accordance with normal procedures. The payment amount is limited to the maximums according to the displacee's ownership or tenancy of the land.

The sum of the two parts computed above cannot exceed the maximum limitation of the $7,200 for 90-day tenant-occupants or $31,000 for 90-day owner-occupants, unless last resort housing provisions in accordance with Part XI (24VAC30-41-650 et seq.) of this chapter are applicable. Replacement housing and rent supplement offers and payments will be computed in accordance with Parts VIII (24VAC30-41-390 et seq.) and IX (24VAC30-41-520 et seq.) of this chapter. The offer will set the maximum limit of the supplemental payment.

When determining the purchase supplement payment for an owner-occupant-displacee from a mobile home, the cost of a comparable is the reasonable cost of a comparable mobile home, including the site. When a comparable mobile home is not available, the supplement may be determined using a conventional dwelling.

If a mobile home requires repairs or modifications to permit its relocation to another site and the district office determines that it would be practical to make the repairs or modifications, the cost of a comparable dwelling is the value of the displacee's mobile home plus the cost to make the necessary repairs or modifications.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-630 Replacement housing payments; 90-day owner-occupant

A. General. A displaced owner of a mobile home who has occupied the home and site for at least 90 days is eligible for the following as a replacement housing benefit:

The additional cost necessary to purchase replacement housing as specified in subsections B, C, D, and E of this section, and in accordance with the provisions of Part VIII (24VAC30-41-390 et seq.) of this chapter;
Compensation for the loss of favorable financing on the existing mortgage in the financing of such replacement housing, under the provisions of 24VAC30-41-500; and
An amount to reimburse the owner for incidental expenses incident to the purchase of such replacement housing in accordance with the provisions of 24VAC30-41-510.

A displaced owner-occupant of a mobile home eligible for a replacement housing payment as shown above who elects to rent is eligible for a rental replacement housing payment, in accordance with 24VAC30-41-510.

B. Acquisition of mobile home and site from owner-occupant.

The purchase supplement payment will be an amount, if any, which when added to the amount for which VDOT acquired the mobile home and site equals the lesser of:

a. The amount the owner is required to pay for a decent, safe and sanitary replacement mobile home and site; or

b. The amount determined by the district office as necessary to purchase a comparable mobile home and site in accordance with the provisions of 24VAC30-41-430.

Rental replacement housing payment. If the owner elects to rent, the rent supplement will be determined by subtracting 42 times the economic rent of the mobile home and site from the lesser of:

a. The amount determined by the district office necessary to rent a comparable mobile home and site for a period of 42 months; or

b. Forty-two times the monthly rent paid for the replacement mobile home and site.

C. Acquisition of site only—owner-occupant retains mobile home.

Upon acquisition of the site but not the home situated upon the site and the mobile home is required to be moved, the replacement housing payment will be the amount, if any, which when added to the amount for which VDOT acquired the mobile home site equals the lesser of:

a. The amount the owner is required to pay for a comparable site; or

b. The amount determined by the district office as necessary to purchase a comparable mobile home site.

If the owner elects to rent, the rent supplement shall be determined by subtracting 42 times the economic rent of the mobile home site from the lesser of:

a. The amount determined as necessary to rent a comparable mobile home site for 42 months; or

b. Forty-two times the monthly rent paid at the replacement mobile home site.

D. Acquisition of mobile home only—owner-occupant rents site.

The replacement housing payment is to be the amount, if any, which when added to the amount for which VDOT acquired the mobile home equals the lesser of:

a. The actual amount the owner is required to pay for a replacement dwelling; or

b. The amount determined as necessary to purchase a comparable mobile home, plus the difference in the amount determined by the district office as necessary to rent a comparable mobile home site for a period of 42 months and 42 times the rent being paid on the site acquired.

The entire computed amount may be applied toward the purchase of a comparable mobile home site, if so desired.

If the owner elects to rent a replacement mobile home, the rent supplement payment shall be determined by subtracting 42 times the economic rent of the mobile home and the actual rent of the site from the lesser of:

a. The amount determined by the district office as necessary to rent a comparable mobile home and site for 42 months; or

b. Forty-two times the monthly rent paid for the replacement dwelling.

E. Acquisition of rental site only—mobile home not acquired. When the site is acquired but not the mobile home, which must be moved, the owner-occupant of the mobile home is eligible for up to $7,200 as a rent supplement for a comparable replacement site. This rent supplement payment shall be the difference determined by subtracting 42 times the rent on the site being acquired from the lesser of:

The amount determined as necessary to rent a comparable home site for 42 months; or
Forty-two times the monthly rent paid for the replacement site.

The entire computed amount may be applied toward the down payment and incidental expenses on a comparable home site.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-640 Replacement housing payment to tenants of 90 days or more

A displaced tenant of a mobile home or site, or both, under this category can receive a replacement housing payment not to exceed $7,200 (except under last resort housing) to rent a comparable decent, safe and sanitary mobile home or site, or both, or make a down payment on either or both computed as follows:

The rental replacement housing payment is to be determined in accordance with the provisions of 24VAC30-41-530.
If a purchase decision is made, the entire computed rental payment may be applied towards the purchase, including related incidental expenses for a replacement mobile home, site, or both.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 30, Issue 26, eff. October 1, 2014.

Part XI Last Resort Housing

24VAC30-41-650 General

A. No displaced persons will be required to move until a comparable replacement dwelling is made available within their financial means. Comparable replacement housing may not be available on the private market or does not meet specific requirements or special needs of a particular displaced family. Also, housing may be available on the market, but the cost exceeds the benefit limits for tenants and owners of $7,200 and $31,000, respectively. If housing is not available to a displacee and the transportation project would thereby be prevented from proceeding in a timely manner, VDOT is authorized to take a broad range of measures to make housing available. These measures, which are outside normal relocation benefit limits, are called collectively last resort housing.

B. It is the responsibility of VDOT to provide a replacement dwelling that enables the displacee to relocate to the same ownership or tenancy status as prior to displacement. The displacee may voluntarily relocate to a different status. The district office may also provide a dwelling that changes a status of the displacee with the displacee's concurrence if a comparable replacement dwelling of the same status is not available.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005; Volume 22, Issue 21, eff. July 26, 2006; Volume 30, Issue 26, eff. October 1, 2014; Volume 42, Issue 12, eff. March 12, 2026.

24VAC30-41-660 Utilization of last resort housing

Last resort housing is applicable when:

Comparable replacement housing is not available on the housing market; or
Comparable replacement housing is available, but:

a. The computed replacement housing payment exceeds the $31,000 limitation; or

b. The computed rent supplement exceeds the $7,200 limitation.

Comparable housing is not available within the financial means of a displaced person who is ineligible to receive a replacement housing payment because of failure to meet length-of-occupancy requirements.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005; Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-670 Last resort housing plan

If the analysis of the characteristics and needs of a displaced family indicates that the provision of last resort housing may be necessary, the district office will develop a plan to determine the method of producing comparable replacement housing. In the development of the plan, innovative approaches and methods for the provision and financing of replacement housing will be considered. The plan shall include:

Consideration of requirements of local zoning and building codes with reference to methods proposed to provide comparable housing;
Discussion of how, when and where housing will be provided;
Consideration of environmental suitability of the location of the proposed housing, including consideration of environmental justice;
How housing will be financed and the amount of funds to be used for such housing from all funding agencies and private sources;
Prices for the housing to be rented or sold is within the financial means of the families and individuals to be displaced;
Arrangements for maintaining rent levels appropriate for the persons to be relocated;
Arrangements for rental housing management;
Disposition of the proceeds from rental, sale, or resale of such housing;
How the construction will be monitored; and
Any other comments pertinent to providing replacement housing.

The central office relocation section may perform the approval of Last Resort Housing Plans when the computation exceeds an amount determined by the director of the right of way and utilities division.

Last resort housing cases are often identified during the process of providing relocation services and benefits. They may arise from unique circumstances that affect a displaced household. The relocation plan in these cases will consist of a summary of the specific relocation problems, a discussion of methods considered and a detailed statement of the method, estimated cost and time required to implement the recommended solution. The method will be implemented on approval of the district manager or an assistant district manager.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-680 Last resort housing alternative solutions

A. VDOT has broad latitude in the methods used and the manner in which it provides housing of last resort. After consideration of all practical options, a method should be selected which provides comparable housing at the most reasonable cost, within the time constraints of roadway project scheduling and urgency of the displacee's need. Methods for providing this housing include, but are not limited to:

Making an offer and payment greater than $31,000 for a displaced owner or $7,200 for a displaced tenant;
Rehabilitation, modifications or additions to an existing replacement dwelling to accommodate displacee needs;
The construction of a new replacement dwelling;
The relocation and, if necessary, rehabilitation of a replacement dwelling;
The purchase of land or a replacement dwelling, or both, by VDOT and subsequent sale, lease to, or exchange with a displaced person;
Acting as mortgagee in financing a displacee's purchase of housing; and
The provision of features such as entrance ramps, wide doors, etc., which will make a dwelling accessible to a disabled displacee.

B. Under special circumstances, consistent with the definition of a comparable replacement dwelling, consideration will be given to providing replacement housing with space and physical characteristics different from those in the displacement dwelling. This may include upgraded, but smaller replacement housing that is decent, safe and sanitary and adequate to accommodate families displaced from marginal or substandard housing. In no event, however, will a displaced person be required to move into a dwelling that is not functionally equivalent to the displacement dwelling.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.; 49 CFR Part 24.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001; amended, Virginia Register Volume 21, Issue 13, eff. April 6, 2005; Volume 30, Issue 26, eff. October 1, 2014.

24VAC30-41-690 Cooperative agreements

VDOT may enter into agreements with any other federal, state or local agency or contract with any individual, firm, corporation or nonprofit association for services in connection with these activities. It is expected that VDOT, to the greatest extent practicable, will utilize the services of federal, state or local housing agencies or other agencies having experience in the administration or conduct of similar housing assistance activities.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-700 Nonsequential displacement

Any person displaced because of the acquisition of real property for a last resort housing project under VDOT's power of eminent domain (including amicable agreements under the threat of such power) is entitled to all eligible benefits under the relocation assistance provision. This provision is not applicable to an owner-occupant who voluntarily acts to sell the property to VDOT for last resort housing and owner certifies same in a statement that will be retained in VDOT files.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-710 Last resort housing disbursements

A. Rental assistance payments made to displacees who rent replacement housing under this section will be paid in annual installments directly to the displacee. However, when in the district manager's judgment, a direct payment or annual payments would not be prudent and in the public interest, other payment options will be arranged. Whenever special payment options are invoked, the file will be documented with the reasons for invoking these options.

B. Displacees may not be required to accept last resort housing in place of a rent supplement or a purchase supplement for which they may be eligible under normal program provisions. A displacee may choose to accept a conventional purchase or rental supplement in lieu of a last resort housing solution. This is conditioned that all eligibility criteria are met, including rental or purchase and occupancy of a decent, safe and sanitary dwelling.

C. Displacees who receive a housing or financial payment under last resort housing will be required to certify that they accept the housing or benefit in lieu of the rent supplement or purchase supplement for which they would otherwise be eligible.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

Part XII Records, Reports and Audits

24VAC30-41-720 Relocation records

The district office will assemble and maintain records on project, parcel and case levels, showing the basis for major decisions and benefit determinations. Copies of all official forms and letters to and from displacees will be retained.

The following specific records will be retained:

State and Federal Project and Parcel identification.
Date of initiation of negotiations for project.
Names and addresses of displaced persons and their complete original and new addresses and telephone numbers (Library Forms RW-69A and 69B).
Personal contacts made with each displaced person, including for each:

a. Date of notification of availability of relocation payments and services (Library Forms RW-69A, RW-59 (1), (2), and (3) and RW-68A);

b. Name of the relocation agent offering or providing the relocation assistance (Library Forms RW-69A and RW-68A);

c. Whether the offer of assistance in locating or obtaining replacement housing was declined or accepted and the name of the individual accepting or declining the offer (Library Form RW-69B);

d. Date and substance of all relocation contacts (Library Form RW-68A);

e. Date on which the relocated person was required to move from the property acquired for the project (included in the confirmation or acceptance letter in the parcel file);

f. Date on which actual relocation occurred (Library Forms RW-67A or B); and

g. Type of tenure before and after relocation (Library Forms RW-69A and 69B).

For displacements from dwellings:

a. Number in family (Library Form RW-69A);

b. Type of property (Library Form RW-69A);

c. Monthly rental (Library Form RW-69A); and

d. Number of rooms occupied (Library Form RW-69A).

For relocated businesses, farms and nonprofit organizations:

a. Type of business (Library Form RW-69A);

b. Whether continued or terminated (Parcel File); and

c. If relocated, approximate distance moved (Library Form RW-67B).

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-730 Moving expense records

The district office will maintain records containing the following information regarding moving expense payments for each displacee:

The date the removal of personal property was accomplished (Library Form RW-67A or B);
The location from which and to which the personal property was moved (Library Forms RW-69A, RW-67A or RW-67B);
If the personal property was stored temporarily, the location where the property was stored, the duration of such storage and justification for the storage and storage charges. (Library Form RW-67A or B);
Itemized statement of the cost incurred supported by receipted bills or other evidence of expense (Library Form RW-67A or B);
Amount of reimbursement claimed, amount allowed and an explanation of any difference (Library Form RW-67A or B);
Data supporting any determination that a business cannot be relocated without a substantial loss of its existing patronage and that it is not part of a commercial enterprise having more than three establishments not being acquired (Parcel File); and
When an in lieu of payment is made to a business, nonprofit organization, or farm operation, data showing how the payment was computed (Parcel File).

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-740 Replacement housing payment records

The district office shall maintain records containing the following information regarding replacement-housing payments for each displacee:

The date of receipt of each application for such payment (Library Forms RW-65A(1), RW-65B (1) and RW-65C(1));
The date on which each payment was made or the application rejected (Parcel File);
Supporting data showing how the amount of the supplemental payment to which the applicant is entitled was calculated (Library Form RW-62A or RW-62B);
A copy of the closing statement to support when replacement housing is purchased (Parcel File);
A copy of the Truth in Lending Statement and other data, including computations to support the increased interest payment (Parcel File and Library Form RW-66);
The individual responsible for determining the amount of the replacement housing payment shall place in the file a signed and dated statement setting forth:

a. The amount of the replacement housing payment (Library Forms RW-62A and B);

b. An understanding that the determined amount is to be used in connection with a federal-aid highway project (Library Forms RW-62A and B); and

c. There is no direct or indirect present or contemplated personal interest in this transaction nor will any benefit be derived from the replacement housing payment (Library Forms RW-62A and B); and

A statement that the relocated person has been relocated into decent, safe and sanitary replacement housing (Library Form RW-69B).

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-750 Reports

VDOT will submit the following reports as scheduled or requested by the Federal Highway Administration:

Annual Federal Uniform Act Statistical Report. An annual Uniform Act Statistical Report will be submitted for the period ending September 30 each year. The report shall be prepared by the central office relocation section and submitted to the Federal Highway Administration.
Periodic Report of Residential Moving Cost Schedules. Periodically, the district office will be requested to initiate a survey to determine the adequacy of the current residential moving cost schedules.

Local, reputable movers shall be contacted in order to determine their charges for moving unfurnished dwellings and furnished dwellings.

Requests to the districts to provide information will be issued by the central office as necessary.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

24VAC30-41-760 Relocation audits

A. In order to ensure consistency in the implementation of the relocation program, relocation audits will be performed on a periodic basis by the central office relocation section. The projects selected for audit should include residential occupants (both owners and tenants) and businesses.

B. Audits will include review of district and central office files and interviews with some of the displacees. Upon completion of the audit, a written report detailing the audit findings will be provided to the appropriate district right of way and utilities manager for review. A meeting will be held with the central office relocation auditor or auditors and the district manager to discuss details and recommendations.

History

Statutory Authority: § 25.1-402 of the Code of Virginia; 42 USC § 4601 et seq.
Historical Notes: Derived from Virginia Register Volume 18, Issue 3, eff. November 21, 2001.

Chapter 91 Subdivision Street Requirements

Part I General Provisions

24VAC30-91-10 Definitions

The following words and terms when used in these regulations shall have the following meanings unless the context clearly indicates otherwise:

"AASHTO" means the American Association of State Highway and Transportation Officials.

"Abandon" in all its forms means the legislative action reserved for and granted to the local governing body to extinguish the public's right to a roadway under the jurisdiction of the Virginia Department of Transportation, pursuant to §§ 33.2-909 and 33.2-912 of the Code of Virginia.

"Accessible route" means a continuous unobstructed, stable, firm and slip-resistant path connecting all accessible elements of a facility (may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps and lifts) that can be approached, entered and used by persons with disabilities. An accessible route shall, to the maximum extent feasible, coincide with the route for the general public.

"ADT" means average daily traffic count (see "Projected Traffic").

"Board" means the Commonwealth Transportation Board.

"Clear zone" means the total border area of a roadway or shared use path that is sufficiently wide for an errant vehicle to avoid a serious accident. (See the Subdivision Street Design Guide (24VAC30-91-160) for details.)

"Commissioner" means the chief executive officer of the Virginia Department of Transportation.

"Complete development (land)" means the utilization of the available areas in a manner as to realize its highest density for the best potential use based on zoning, pending rezoning, the adopted comprehensive plan of the governing body, or the customary use of similar parcels of land.

"Complete development (streets)" means the development of a subdivision street in full compliance with all applicable provisions of these regulations to the necessary standards of design and construction for the effective and efficient accommodation of the traffic generated by the complete development of the land, both internal and external to the subdivision.

"County controlled grade separation structure" means a grade separation structure that does not qualify for maintenance by the department but was established within the right-of-way of a street intended for state maintenance.

"County official" means the representative of the governing body appointed to serve as its agent in matters relating to subdivisions.

"Cul-de-sac" means a street with only one outlet and having an appropriate turnaround for a safe and convenient reverse traffic movement and more specifically the turning area.

"Dam" means an embankment or structure intended or used to impound, retain, or store water, either as a permanent pond or as a temporary storage facility.

"Department" means the Virginia Department of Transportation.

"Design manual" means the department's Road Design Manual (see 24VAC30-91-160), Location and Design Division.

"Design speed" means a speed selected for purposes of design and correlation of those features of a street such as curvature, super elevation, and sight distance, upon which the safe operation of vehicles is dependent.

"Developer" means an individual, corporation, or registered partnership engaged in the subdivision of land.

"Discontinue," in all its forms, means the legislative act of the Commonwealth Transportation Board, pursuant to § 33.2-908 of the Code of Virginia, that determines that a road no longer serves public convenience warranting its maintenance with funds at the disposal of the department.

"District administrator" means the department employee assigned the overall supervision of the departmental operations in each of the Commonwealth's nine construction districts.

"Drainage manual" means the department's Drainage Manual (see 24VAC30-91-160), Location and Design Division.

"Dwelling unit" means a structure or part of a structure containing sleeping, kitchen, and bathroom facilities that is suitable for occupancy as a home or residence by one or more persons.

"Easement" means a grant of a right to use property of an owner for specific, limited use or purpose.

"Functional classification" means the process by which streets and highways are grouped into classes, or systems, according to the character of service they are intended to provide.

"Governing body" means the board of supervisors of the county but may also mean the local governing body of a town or city, if appropriate, in the application of these requirements.

"Intersection" means the juncture of two or more streets at which point there are three or more legs.

"Level of service" means a qualitative measure describing operational conditions within a traffic stream, and their perception by motorists and passengers. For the purposes of these requirements, the applicable provisions of the Highway Capacity Manual (see 24VAC30-91-160) shall serve as the basis for determining "levels of service."

"Level terrain" means that condition where highway sight distances, as governed by both horizontal and vertical restrictions, are generally long or could be made so without construction difficulty or major expense.

"Loop street" means a street whose two outlets are to the same street.

"Mountainous terrain" means that condition where longitudinal and traverse changes in the elevation of the ground with respect to the road or street are abrupt and where benching and side hill excavation are frequently required to obtain acceptable horizontal and vertical alignment.

"Neotraditional development" means a type of subdivision that creates a neighborhood or community design with qualities of a traditional small town, combining a mix of uses that may include retail establishments, offices, civic buildings, public squares, and multi-family and single-family housing, all within walking distance of one another, as well as a mix of transportation facilities that focuses on the needs of pedestrians and bicyclists in addition to the needs of motorists. These developments may include a variety of buildings and land use densities along the same street. Street layout may follow a grid pattern using narrow streets and having multiple connections to surrounding neighborhoods. These developments may be referred to as "villages" or "hamlets" within the ordinances of the governing body.

"Nonresidential street" means a subdivision street adjacent to property that is anticipated to develop for purposes other than residential use.

"Office building" means a building that is used primarily for conducting business transactions other than retail sales.

"Parking bay" means an off-street area for parking two or more vehicles that are served by a short driveway connecting the parking area and the public street.

"Parking lane" means an area, generally seven or eight feet in width, adjacent to and parallel with the travel lane of a roadway that is used for parking vehicles.

"Pavement Design Guide" means the Pavement Design Guide for Subdivision and Secondary Roads in Virginia (see 24VAC30-91-160).

"Permit Regulations" means the department's Land Use Permit Regulations (24VAC30-151).

"Phased development" (streets) means the method outlined in 24VAC30-91-70 (Phased development of subdivision streets) whereby the acceptance of certain subdivision streets into the secondary system of state highways may be considered before being completely developed in accordance with all applicable requirements (e.g., two lanes of a four-lane facility are considered for acceptance in advance of lanes 3 and 4 being finished).

"Plans" means the standard drawings, including profile and roadway typical section, that show the location, character, dimensions and details for the proposed construction of the subdivision street.

"Plat" means the schematic representation of the land divided or to be divided.

"Private streets" means subdivision streets that have not been dedicated to public use or that require the permission or invitation of a resident or owner to use the street. Such streets are not intended to be included in the secondary system of state highways maintained by the department.

"Privately maintained streets" means any public or private street that is not maintained by the department or the local governing body.

"Projected traffic" means the number of vehicles, normally expressed in average daily traffic (ADT), forecast to travel over the segment of the subdivision street involved.

"Public street" means a street dedicated to public use and available to the public's unrestricted use without regard to the jurisdictional authority responsible for its operation and maintenance.

"Requirements" means the design, construction, and related administrative considerations herein prescribed for the acceptance of a subdivision street for maintenance by the department as part of the secondary system of state highways.

"Resident engineer" means the department employee or employees designated by the district administrator to oversee the implementation of this regulation. In cities and towns that maintain and operate their own system of streets and elect to use the pavement and right-of-way width requirements of the Subdivision Street Design Guide (24VAC30-91-160) as a basis for street maintenance payments under the provisions of § 33.2-319 of the Code of Virginia, as well as the counties of Arlington and Henrico, the local official responsible for the review and approval of subdivision street design.

"Residential street" means a subdivision street adjacent to property that is anticipated to develop as single-family residences, apartment buildings, or other similar dwelling structures.

"Right-of-way" means the land, property, or interest therein, usually in a strip, acquired for or devoted to a public street designated to become part of the secondary system of state highways.

"Roadway" means the portion of the road or street within the limits of construction and all structures, ditches, channels, etc., necessary for the correct drainage thereof.

"Secondary system of state highways" means those public roads, streets, bridges, etc., established by a local governing body pursuant to § 33.2-705 of the Code of Virginia and subsequently accepted by the department for supervision and maintenance under the provisions of Article 3 (§ 33.2-324 et seq.) of Chapter 3 and Article 2 (§ 33.2-908 et seq.) of Chapter 9 of Title 33.2 of the Code of Virginia.

"Shared use path" means a facility, as defined in § 46.2-100 of the Code of Virginia, that is set apart from the travelway and intended to be used by pedestrians and bicyclists.

"Shopping center" means a building or buildings containing two or more stores that are used primarily for retail sales but may include commercial trade or professional uses.

"Single-family residence" means a structure, other than an apartment building, maintained and used as a single dwelling unit or any dwelling unit that has direct access to a street and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit.

"Specifications" means the department's Road and Bridge Specifications (24VAC30-91-160), including related supplemental specifications and special provisions.

"Standards" means the applicable drawings and related criteria contained in the department's Road and Bridge Standards (24VAC30-91-160).

"Subdivision" means the division of a lot, tract, or parcel into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. Any resubdivision of a previously subdivided tract or parcel of land shall also be interpreted as a "subdivision." The division of a lot or parcel permitted by § 15.2-2244 of the Code of Virginia will not be considered a "subdivision" under this definition, provided no new road or street is thereby established. However, any further division of such parcels shall be considered a "subdivision."

"Subdivision street" means a public way for purposes of vehicular travel that results from the subdivision of land, including the entire area within the right-of-way. Public streets developed in accordance with these requirements and meeting the necessary public service provisions established herein shall be eligible for addition to the secondary system of state highways maintained by the department. Streets primarily intended to access property abutting or in the immediate vicinity of the street are deemed "local" subdivision streets.

"Subdivision Street Design Guide" means Appendix B of the Road Design Manual (24VAC30-91-160).

"Swale" means a broad depression within which stormwater may drain during inclement weather, but which does not have a defined bed or banks.

"Through street" means a street that provides access between two other streets.

"Traveled way" means the portion of the subdivision street designated for the movement of vehicles, exclusive of shoulders, parking areas, turn lanes, etc.

"VDOT" means the Virginia Department of Transportation.

"VPD" means vehicles per day.

"VPH" means vehicles per hour.

"Watercourse" means a definite channel with bed and banks within which water flows, either continuously or in season.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005; Errata, 21:12 VA.R. 1776 February 21, 2005; amended, Virginia Register Volume 27, Issue 16, eff. May 11, 2011; Volume 31, Issue 7, eff. December 31, 2014.

24VAC30-91-20 Applicability, effective date, and transition

A. Applicability. This regulation is intended to govern subdivision street development and the criteria for acceptance of these streets by the department for subsequent maintenance. The Subdivision Street Design Guide (24VAC30-91-160) offers guidance on the design and construction features of subdivision street development and sets out design parameters deemed appropriate for most land development scenarios. However, the business of land development is fluid and the department, in consultation with local government officials, is prepared to consider innovative transportation approaches associated with land development proposals that are consistent with the geometric requirements of the Subdivision Street Design Guide (24VAC30-91-160). However, when not specifically addressed in one of these documents, the relevant requirements of the Road Design Manual (24VAC30-91-160), standards, specifications, Pavement Design Guide (24VAC30-91-160) and associated instructions shall govern.

These requirements apply to all subdivision streets designated to be maintained by the department as part of the secondary system of state highways. The department's review and approval shall apply only to streets proposed for addition to the secondary system of state highways maintained by the department. Any plans submitted for review that contain only streets proposed for maintenance by others may be reviewed for general guidance at the discretion of the resident engineer but will not be officially approved. However, any such review shall not represent the department's commitment to accept such streets for maintenance irrespective of the quality of the construction of the street or streets.

If a subdivision plan with streets proposed for VDOT acceptance includes any streets that are not initially intended to be accepted for maintenance by the department as part of the secondary system, the plan must include a notation identifying these streets. In the absence of this notation, the plans will not be approved. It is also recommended that any streets proposed to be privately maintained also have a notation on the plat and impacted deeds that clearly indicate that as a prerequisite for the streets future acceptance, the streets must be improved to the department's prevailing standards for acceptance at no cost to the department.

B. Effective date. All streets proposed for acceptance by the department after January 1, 2005, shall be accepted in accordance with these provisions, except as may be waived by the commissioner or his designee.

C. Transition. Prior to July 1, 2005, the department will allow the design of streets developed in accordance with either the former requirements (1996) or these requirements. Any street design initially submitted to the department for consideration after June 30, 2005, however, shall be in accordance with these requirements.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005.

24VAC30-91-30 Local subdivision ordinances

A. Precedence of local subdivision ordinance. Pursuant to § 33.2-705 of the Code of Virginia, new streets are established by the governing body of the locality in which they are located. Any requirements of the subdivision ordinance adopted by the governing body that are equal to or greater than these provisions shall become the department's requirements in that locality and govern unless the local governing body concurs with an exception to their higher standards.

B. Exemptions in local ordinances. The department does not recognize any provision of an ordinance adopted by the governing body that exempts the development of streets from these requirements based on its definition of the term subdivision. Consequently, any street proposed for addition to the secondary system of state highways maintained by the department shall comply with applicable requirements as herein provided or, if greater than these provisions, the requirements of the local ordinance.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005; amended, Virginia Register Volume 31, Issue 7, eff. December 31, 2014.

24VAC30-91-40 Continuity of public street system

The continuity of a publicly maintained street system is a prerequisite to the addition of any subdivision street into the secondary system of state highways. A street may only be accepted for state maintenance if it is the continuation of the network of public streets whose maintenance has been officially accepted by the department or, if appropriate, a city, town or county.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005.

24VAC30-91-50 Service requirements

A. Service consideration. A street may only be accepted by the department for maintenance as part of the secondary system of state highways if it renders sufficient public service to justify expending public funds for its subsequent maintenance.

In the event the governing body requests the addition of a street before it meets these public service provisions, the resident engineer will review each request on an individual case basis and determine if the acceptance of a street prior to normal service requirements is justified. However, prior to deferring acceptance based solely on service requirements, the resident engineer shall confer with the appropriate Central Office Division Administrator or other designee appointed by the commissioner.

The public service requirements of this subsection may be waived for cul-de-sac streets less than 0.25 miles in length when the acceptance of the street or streets will complete the acceptance of all streets within the subject section of the subdivision.

B. Criteria. For the purpose of these requirements, public service may include, but is not necessarily limited to, streets meeting one or more of the following situations:

Serves three or more occupied units of varied proprietorship with a unit being a single-family residence, owner-occupied apartment, owner-occupied residence in a qualifying manufactured home park, a stand-alone business, or single business entity occupying an individual building, or other similar facility. However, streets providing service in settings similar to an apartment building setting will only be considered for acceptance if the street is well defined and appears to be a street rather than a travel way through a parking lot.
Constitutes a connecting link between other streets that qualify from the point of public service.
Provides an extension of a street to the subdivision boundary to facilitate the continuity of possible adjacent development, if required by local ordinance. Such streets shall normally incorporate an adequate means for vehicles to turn around and reverse direction.
Serves as access to schools, churches, public sanitary landfills, transfer stations, public recreational facilities, or similar facilities open to public use.
Serves at least 100 vehicles per day generated by an office building, industrial site, or other similar nonresidential land use in advance of the occupancy of three or more such units of varied proprietorship. Any addition under this provision shall be limited to the segment of a subdivision street that serves this minimum projected traffic and has been developed in compliance with these requirements.
Constitutes a part of the network of streets envisioned in the transportation plan or element of a county's comprehensive plan that, at the time of acceptance, serves an active traffic volume not less than 100 vehicles per day.

C. Apartment and retail shopping complexes. A through street that serves a shopping center or rental apartment building may be considered for maintenance as part of the secondary system of state highways if it is deemed by the department to provide a public service. However, internal streets in these complexes do not normally qualify for addition to the system because their operation and maintenance are considered to be a responsibility of the owner, who stands to profit, rather than the tenant or customer.

However, a street that serves as the principal access to rental apartment buildings may be considered to provide public service if unrestricted public use is permitted and maintenance continuity is practical.
Entrance streets and the internal traffic circulation system of shopping centers and apartment complexes qualify only if more than three property owners are served and the street is separated from the parking areas.
Streets serving manufactured home parks may only be considered if the residents of the park own the land occupied in fee simple.

D. Special exceptions. There may be other sets of circumstances that could constitute public service. Consequently, any request for clarification regarding unclear situations should be made in writing to the resident engineer. The resident engineer should then consult the appropriate Central Office Division Administrator or other designee appointed by the commissioner for resolution.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005; amended, Virginia Register Volume 27, Issue 16, eff. May 11, 2011.

24VAC30-91-60 Administrative procedure

A. Conceptual subdivision sketch. Prior to preparing detailed construction plans for review, the resident engineer shall be provided a preliminary plan of the entire development, prepared by the developer, that shows sufficient information for VDOT to review and concur with the functional classification proposed for each street in the subdivision. Any preliminary or conceptual plat, plan or sketch that conforms to the locality's zoning requirements or subdivision ordinance is acceptable if the required information is shown. The submittal should include:

The general location and configuration, including the terminus, of each street, including the traffic volume anticipated when the land served is fully developed in accordance with the land uses anticipated.
The location and area of each type of permitted land use within the subdivision.
The location of any proposed transportation facility, within the subdivision's boundaries, included in the comprehensive plan of the governing body.
The proposed functional classification for each street in the subdivision.
Other available information pertinent to the intended development of the subdivision, including but not limited to any proposed phased development of streets pursuant to 24VAC30-91-70 (Phased development of subdivision streets).

The resident engineer will review the layout and functional classification of streets shown in the concept plan and notify the appropriate county official in writing, as well as the developer, if applicable, of his concurrence or recommendations. Approval of the conceptual plan or subdivision sketch shall be considered concurrence only in the functional classifications and layout of the streets and is deemed to satisfy any requirement for notification to the county official. This approval or concurrence will be valid as long as the basic concept for the subdivision's development, as submitted for review, remains unchanged.

B. Plan submission. Plats or plans, or both, together with other pertinent data as herein prescribed, shall be submitted to appropriate officials in the local government and to the responsible resident engineer in accordance with the practices of the local government for all proposed subdivisions whose streets are intended to be added to the secondary system of state highways maintained by the department. The resident engineer may, subject to the availability of staff and upon the request of a county, cooperate in the review of proposed subdivisions to be developed to these standards but not initially intended for addition to the secondary system of state highways maintained by the department. VDOT may recover the costs for this service in accordance with 24VAC30-91-140 (Surety and fees).

C. Plan review. Upon receipt of the plats or plans, or both, the resident engineer will arrange for the appropriate review to determine compliance with all applicable requirements. The general procedure for this review is described in 24VAC30-91-150 (Subdivision street development, plan review, and acceptance).

D. Plan approval. The resident engineer will advise the appropriate county official and the developer, if applicable, as to the results of the review.

If the street development proposed by the plats or plans, or both, is determined to be in compliance with these requirements, the resident engineer will provide written confirmation of this finding. This action signifies the resident engineer's approval of the street design shown on the plats or plans, as submitted. Any subsequent revision, additions, or deletions thereto shall require specific written approval of the resident engineer for each such change.
If a revision of the submitted plats or plans is determined necessary, the resident engineer will list the required changes in a written response to the county official and the developer, if applicable. Upon completion of the specified revisions, the plats or plans will be resubmitted for review and approval by the resident engineer as prescribed in 24VAC30-91-150 (Subdivision street development, plan review, and acceptance).

The department's approval of a subdivision street construction plan shall constitute its commitment to accept the streets depicted thereon when all applicable provisions of these requirements are satisfied and the streets have been constructed according to the approved construction plan and supporting specifications. However, during VDOT's inspection of construction, if a situation is discovered that was not addressed on the approved plan that could, in the opinion of the resident engineer, adversely affect public safety or the integrity of either the roadway or the adjacent property, acceptance of the street shall be deferred until the situation is corrected.

The department's approval of a subdivision street construction plan shall expire after a period of three years if construction has not commenced, in which case the subdivision street construction plan shall be resubmitted for subsequent review and approval. This shall not affect the adequacy of the approved concept plan as depicted on a recorded final plat, as provided for under § 15.2-2241 of the Code of Virginia.

E. Street acceptance. Upon the satisfactory completion of construction of the subdivision street, the department will advise the local governing body regarding the street's readiness for acceptance and the governing body, in consultation with the resident engineer, will initiate its acceptance into the secondary system of state highways maintained by the department provided:

The developer dedicates the prescribed right-of-way to public use.
The street has been constructed in accordance with the applicable specifications, standards and the plats or plans approved by the department.
The street renders a public service as prescribed in 24VAC30-91-50 (Service requirements) or as may otherwise be approved under those provisions.
The street has been properly maintained since its completion.
The developer furnishes the surety and fees in accordance with 24VAC30-91-140 (Surety and fees).
The governing body has executed all agreements prescribed by these requirements, unless specifically waived on an individual case basis by the appropriate Central Office Division Administrator, or other designee appointed by the commissioner.
The governing body, by proper resolution, requests the department to accept the street or streets for maintenance as part of the secondary system of state highways under its jurisdiction. The resolution shall include the governing body's guarantee of an unrestricted and unencumbered right-of-way as dedicated, plus any necessary easements for fills, drainage, or sight distance.

Upon the department's determination that the requested addition is in compliance with the applicable provisions of these requirements, the governing body will be officially advised of the street's acceptance into the secondary system of state highways and the effective date of such action. This notification serves as the resident engineer's authority to begin maintenance thereon.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005; amended, Virginia Register Volume 27, Issue 16, eff. May 11, 2011.

24VAC30-91-70 Phased development of subdivision streets

A. Policy. Certain subdivision streets that require four or more travel lanes to accommodate the projected traffic may be accepted by the department for maintenance after completion of the first two lanes to an acceptable, initial phase of construction, upon the request of the governing body. It is recognized that there is a distinction between those streets that benefit the overall transportation network and those that primarily serve the development of land and, therefore, the criteria for phased construction for each situation differs as described in subsection B of this section.

However, in all cases, the right-of-way required for the road at its complete stage of construction shall be dedicated and accepted as part of the initial street acceptance. In addition, the initial phase of construction shall be designed and constructed to facilitate construction of the remaining phase in a manner that will avoid the need to reconstruct the initial two lanes.

Consideration for the acceptance of any street under the provisions of this section shall be limited to the phased development of only the street's roadway. All other applicable requirements, e.g., public service, drainage easements, and administrative procedures, shall apply.

B. Criteria.

For streets included in the transportation element of the county's comprehensive plan that serve diverse areas of the region or county, no special agreement or acknowledgement is needed as a prerequisite to acceptance, provided:

a. The street is part of a transportation corridor that was formally adopted as a part of the county's comprehensive transportation plan prior to the local governing body's approval of the plat or plan for the development of the adjacent land.

b. The transportation corridor is a major thoroughfare planned primarily to move through traffic.

c. When fully developed the street must satisfy the department's functional classification criteria as a major collector or higher.

d. The street has a projected traffic volume of 8,000 vehicles per day or less for a period of 10 years following the date of the acceptance for maintenance by the department.

For all other streets, the local governing body's resolution requesting acceptance of the initial two lane section must include provisions that acknowledge:

a. The local governing body agrees that all costs incurred in the street's complete construction, including right-of-way, engineering, utility adjustment, etc., shall be provided from funds other than those derived from state revenue sources administered by VDOT, except as may be expressly authorized by the appropriate Central Office Division Administrator.

b. The local governing body agrees that it is their responsibility to ensure that the roadway is completed as needed to accommodate the traffic. However, the county also acknowledges that a determination that the street needs to be completed to its ultimate section will be made by the resident engineer or his designee once it is determined that the first two lanes will not sustain an acceptable level of service for the function classification of the roadway in accordance with the Highway Capacity Manual (24VAC30-91-160).

C. Procedures.

Plats or plans, or both, for the street's complete development, in accordance with all applicable provisions of these requirements, shall be submitted for approval.
The plats or plans shall also delineate the street's initial development as proposed pursuant to this section. In no case shall this design provide less than one-half of the roadway typical section required by the applicable requirements for the street's complete development.
Unless waived by the resident engineer, a capacity analysis shall be submitted to document that an acceptable level of service will be maintained for the intended duration of the initial phase of development. In determining an acceptable level of service, the beneficial effect of the proposed street on the overall transportation network will be considered. The resident engineer or his designee may waive this requirement for a traffic capacity analysis.
A determination will be made by VDOT in consultation with the locality whether the street can be approved for phased development and which criterion in subsection B of this section applies.
Upon the resident engineer's determination that the proposal is in compliance with the applicable provisions of this section, the plans may be approved accordingly.
Upon completion of the street's initial phase in accordance with approved plans, its compliance with all other applicable provisions of this section, and the inclusion of the appropriate language in the resolution, the street may be accepted for maintenance by the department as part of the secondary system of state highways.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005; amended, Virginia Register Volume 27, Issue 16, eff. May 11, 2011.

24VAC30-91-80 Connections to or work within streets maintained by the department

A. Connections to streets maintained by the department. A land use permit issued by the department is required for new connections of any kind to existing streets maintained by the department. Due to the wide variation in prevailing conditions, each location shall be evaluated individually to determine exact requirements. Therefore, it is incumbent upon the developer or his designee to apply for a land use permit at the appropriate time to ensure the desired completion of the development. Such application shall be made to the resident engineer and be consistent with the approved plats or plans for the subdivision or the document reviewed for the connection of a street that is to remain privately maintained.

B. Relocations, adjustments, and improvement of streets maintained by the department. All work performed within the existing right-of-way of streets maintained by the department, including pavement widening, the addition of turn lanes, realignments and relocations of existing streets, shall be coordinated with and approved by VDOT as follows:

All such work shall be accomplished pursuant to a land use permit issued by the department after the required right-of-way has been dedicated to public use or as otherwise required by the department.
All work, including the relocation, adjustment, and improvement of existing streets under VDOT jurisdiction shall be subject to the department's direction rather than these requirements. Such work should include overlaying and restriping the old and new portions of the roadway.
The relocation of streets maintained by the department shall only be accomplished with the consent of the local governing body.
Traffic should be maintained on streets under the department's jurisdiction until the new portion has been accepted by the department for maintenance unless the department authorizes a closure of the road to traffic.
No street or roadway maintained by the department and actively used by the public shall be abandoned or vacated unless a new street serving the same citizens has been constructed and accepted for maintenance by the department.
Streets previously discontinued exist as a public way under the jurisdiction of the local governing body and should be abandoned or vacated prior to the development of land associated with such streets.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005.

24VAC30-91-90 Discretionary authority

The department's resident engineers are authorized considerable discretionary authority regarding the design of subdivision streets functionally classified as "local." Such judgments should take into consideration the individual situation, but in no instance are the safety features, structural integrity, or traffic capacities prescribed by these requirements to be sacrificed. Meandering alignment and rolling grades are satisfactory, provided adequate stopping sight distances and reasonable alignment and gradients are provided to safely accommodate the projected traffic at the design speed.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005.

24VAC30-91-100 Appeal to district administrator

The district administrator is authorized to consider and render a ruling on unresolved differences of opinion between the developer and the resident engineer that pertain to the interpretation and application of these requirements.

To obtain this review, the developer shall provide the district administrator, the resident engineer and the county official a written request for such action, describing any unresolved issue. After reviewing all pertinent information, the district administrator will advise the developer in writing regarding the decision of the appeal, with a copy to the county official and the resident engineer. The developer may further appeal the district administrator's decision to the commissioner's designee. All correspondence requesting an appeal should include copies of all prior correspondence regarding the issue or issues with the county officials and department representatives.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005.

Part II Specific Provisions

24VAC30-91-110 Design and agreement requirements

A. General requirements. Most criteria addressing the design of new subdivision streets can be found in the Subdivision Street Design Guide (24VAC30-91-160). However, the following provisions are provided for guidance, particularly in regard to features that require agreements or formal acknowledgements of the governing body before VDOT's acceptance of the street or streets within a subdivision.

When an agreement is required between the local governing body and the department as a prerequisite to the acceptance of a subdivision street, nothing in these requirements shall preclude the local governing body from entering into separate agreements with other entities to fulfill its responsibilities. However, if the provisions are intended to ensure the safety of the public using the street, the department reserves the right to approve the involvement of the other party or parties.

B. Geometric requirements. Geometric requirements for new subdivision streets are established in the Subdivision Street Design Guide of the Road Design Manual (24VAC30-91-160). In certain circumstances the Subdivision Street Design Guide (24VAC30-91-160) allows reduced pavement widths for curb and gutter sections. Any such reduction must be specifically requested by the governing body in writing and be approved by the resident engineer. Sufficient off-street parking must be provided by the local governing body as indicated in the Subdivision Street Design Guide (24VAC30-91-160) to accommodate any request for reduced pavement widths. However, no special request from the local governing body shall be required in the event the department has approved a design standard for use throughout that county that includes street width reductions for a specific type of subdivision, such as a Neotraditional subdivision.

C. Turn lanes. Left or right turn lanes shall be provided at intersections when the department determines that projected turning movements warrant their installation. These facilities shall be designed in accordance with the Subdivision Street Design Guide (24VAC30-91-160) and, if necessary, additional right-of-way shall be provided to accommodate these facilities.

D. Pavement structure.

Pavement design. The pavement structure for new subdivision streets shall be in accordance with the Pavement Design Guide (24VAC30-91-160), including any prescribed underdrains. Prior to construction of the pavement sub-base and finish courses, the resident engineer shall approve the proposed pavement design.
Special pavement surfaces. The resident engineer may approve special pavement surfaces, such as the use of stamped pavement or the use of paving blocks or bricks. However, if the pavement design is a type not addressed by the Pavement Design Guide (24VAC30-91-160) or otherwise not in general use by the department, an agreement shall be provided by the governing body that addresses the future maintenance of such pavement.
Pavement additions to existing streets. When an existing VDOT maintained roadway is to be widened to accommodate additional lanes or the addition of turn lanes, the necessary pavement design shall be obtained from the resident engineer and the entire surface of the roadway (old and new portions) shall be overlaid and re-striped as required by the resident engineer.

E. Parking.

Perpendicular and angle parking along subdivision streets is normally prohibited. However, perpendicular and angle parking along subdivision streets may be considered if the features along the street cause the street to readily appear to be a street rather than a travel way through a parking lot. In addition, additional pavement width may be necessary between the travel lanes and the parking spaces to allow a car to back from its normal parked position, orient itself for entering the travel lanes and stop without either encroaching into the travel lanes or having the driver's vision of oncoming traffic obscured by adjacent, parked vehicles.

Street designs that anticipate the restriction of on-street parking shall only be approved with the consent of the county official and the resident engineer.

Localities are encouraged to adopt local ordinances to appropriately address adequate off street parking in subdivisions. In the absence of local regulations that are deemed acceptable by the department, the following criteria shall apply for the design of subdivision streets:

a. A minimum of two off-street parking spaces per dwelling unit, exclusive of garage facilities associated with the unit, shall be provided in the proximity of the unit they are intended to serve. Additional off-street parking space shall be provided when the width of any residential curb and gutter roadway is proposed for reduction as permitted in the Subdivision Street Design Guide (24VAC30-91-160). Except as may be associated with corner dwellings, the availability of on-street parking along other streets will not normally be considered as additional off-street parking.

b. If parking bays are provided, they shall be located off the street's right-of-way and designed to prevent vehicles from backing into the adjacent subdivision street.

c. Entrances to parking bays shall be separated by at least 50 feet and designed in accordance with the appropriate provisions of the standards or Land Use Permit Regulations.

F. Cul-de-sacs and turnarounds. An adequate turnaround facility shall be provided at the end of each cul-de-sac or stub street to permit the safe and convenient maneuvering by service vehicles. Various configurations of turnarounds are illustrated in the Subdivision Street Design Guide (24VAC30-91-160); however, alternative configurations may be approved by the resident engineer. Additional right-of-way shall be provided as required by the design of the turnaround. Normally, any nontraveled way areas within the turnaround, such as an island, shall be included in the dedicated right-of-way of the facility.

For circular turnarounds, a well-defined, identifiable street segment, equal to the normal lot width along the intersected street that serves the cul-de-sac or 50 feet, whichever is greater, shall extend from the intersected street to the turning area.

G. Curb and gutter. For the purpose of these requirements, the use of curb and gutter is an acceptable roadway design alternative, rather than a requisite. However, when used, curb and gutter shall be designed in accordance with the Subdivision Street Design Guide (24VAC30-91-160) and only one curb and gutter design may be used along the length of a street.

Driveway entrance requirements. Without regard to the curb design used, the curb shall incorporate a driveway entrance apron, as illustrated in the Subdivision Street Design Guide (24VAC30-91-160), to provide a smooth transition from the gutter invert or roadway surface onto the driveway. However, exceptions may be granted by the resident engineer when roll top curb is used if requested by the local official.
Curb ramps. All streets that incorporate accessible routes for pedestrian use shall, without regard to the curb design used, include curb ramps at intersections for use by persons with disabilities and shall incorporate other applicable provisions of the Americans with Disabilities Act.

H. Private entrances. All private entrances shall be designed and constructed in accordance with the Subdivision Street Design Guide (24VAC30-91-160).

I. Pedestrian, bicycle, and shared use path facilities. The Commonwealth Transportation Board's "Policy for Integrating Bicycle and Pedestrian Accommodations" emphasizes accommodating pedestrian and bicycle traffic as an essential part of any VDOT financed transportation project. While separate pedestrian and bicycle facilities are not mandated for local subdivision streets, unless required by local ordinance, any street proposed for VDOT acceptance should accommodate the anticipated pedestrian and bicycle traffic. When separate pedestrian and bicycle facilities are deemed appropriate, they should be included in the initial construction of the street, prior to VDOT acceptance. These facilities are eligible for VDOT acceptance based on the criteria of this section.

Compliant facilities. Pedestrian and bicycle facilities, including shared use paths as defined under § 46.2-100 of the Code of Virginia, shall be accepted as part of subdivision streets, unless otherwise requested by the governing body, provided they are located fully within the dedicated right-of-way of the street and they are constructed in accordance with applicable criteria and standards of the department.

a. Sidewalk criteria. Sidewalks shall be constructed in accordance with the Subdivision Street Design Guide (24VAC30-91-160). However, sidewalks that meander vertically in comparison to the grade of the roadway may be considered noncompliant sidewalks.

b. Bicycle facility criteria. Bicycle facilities contiguous with the street shall be in accordance with the department's design and construction criteria set forth in the Road Design Manual (24VAC30-91-160).

c. Shared use path criteria. Shared use paths shall be constructed in accordance with the Road Design Manual (24VAC30-91-160) and closely follow the vertical alignment of the roadway without meandering on and off the right-of-way.

Noncompliant sidewalk, bicycle, and shared use paths. Noncompliant sidewalk, bicycle and shared use paths that fail to meet requirements of the department's standards for construction, alignment, or placement within the dedicated right of the street shall be deemed to be noncompliant and not qualify for maintenance. However, such facilities may co-exist within the dedicated right-of-way of the street under a land use permit issued by the resident engineer to the local governing body responsible for having established the facility through its subdivision process.

Such permits will clearly specify the responsibility for maintenance of the facility and related activities to the extent the facility occupies the street's right-of-way. The permit applicant should be a county, incorporated town, or other entity that has perpetual maintenance capability. Noncompliant sidewalks and shared use paths may be constructed of bituminous concrete, hydraulic concrete, gravel, or other stabilizer convenient to the applicant.

J. Bridge, drainage, and other grade separation structures. Bridges, drainage, and other grade separation structures shall be designed and constructed in accordance with all applicable department criteria and standards. The resident engineer may require special review of the plans and construction inspection.

The department will accept grade separation structures as part of new subdivision streets provided the structure is a drainage structure or is intended to separate the movement of registered motor vehicles. In addition, the department will accept grade separation structures intended to separate pedestrians or bicyclists or any combination thereof from traffic using the roadway, provided:

The structure is available for unrestricted public use;
The structure is accessible to pedestrian facilities, if any, situated along the street; and
The projected traffic volume of the street is not less than 4000 vpd or, if the structure otherwise serves as part of the principle pedestrian access to a school and a peak hour traffic volume of 450 vph is projected.

In all other instances, the grade separation structure shall be deemed to be a county controlled grade separation structure within the right-of-way of the street, in which case the street will only be accepted as part of the secondary system of state highways maintained by the department after the local governing body and the department have executed an agreement acceptable to the department that (i) acknowledges the department has no responsibility or liability due to the presence of the structure and (ii) assures the costs of inspection, maintenance, and future improvements to the structure are provided from sources other than those administered by the department.

In all cases, whether the structure is accepted as an integral part of the roadway for maintenance by the department or it remains a county controlled structure, the responsibility for lighting, safety, and security of those using such facilities shall remain a responsibility of local government.

K. Dams. The department will only consider accepting subdivision streets for maintenance that occupy dams when all of the following provisions are satisfied. For the purpose of this section, a roadway will be considered to occupy a dam if any part of the fill for the roadway and the fill for the dam overlap or if the area between the two embankments is filled in so that the downstream face of the dam is obscured or if a closed drainage facility from a dam extends under a roadway fill.

Agreements with the governing body. Except as exempt under subdivision 6 of this subsection, the governing body acknowledges by formal agreement the department's liability is limited to the maintenance of the roadway and that the department has no responsibility or liability due to the presence of the dam, the maintenance of which shall remain the responsibility of an owner, other than VDOT, as established by § 33.2-409 of the Code of Virginia.
Design review. An engineer, licensed to practice in the Commonwealth of Virginia, shall certify that the hydraulic and structural design of any dam, as described below, is in accordance with current national and state engineering practice and that all pertinent provisions of the Subdivision Street Design Guide (24VAC30-91-160) have been considered. Prior to approval of the roadway construction plans, the hydraulic and structural design of a proposed dam shall be reviewed by and meet the department's satisfaction if:

a. A roadway is considered to occupy a dam; or

b. A roadway is located below but sufficiently close to the dam that a catastrophic breach could endanger the roadway or the safety of those using the roadway.

Right-of-way requirements. The right-of-way of roads considered to occupy dams shall be recorded either as an easement for public road purposes or as a dedication specifically to the governing body. Right-of-way dedicated in the name of the Commonwealth or any of its agencies is not acceptable if it includes a dam and roads through such right-of-way will not be accepted as a part of the secondary system of state highways maintained by the department.
Supplemental, alternative access. To be considered for VDOT maintenance, roadways that occupy a dam must be supplemented by an appropriate alternative roadway facility for public ingress or egress, having suitable provisions that ensure perpetual maintenance.
Permits. All applicable federal and state permits associated with dams shall be secured and filed with the county prior to VDOT's acceptance of any street that occupies a dam.
Dams exempt from agreements. The acceptance of roadways that occupy dams shall be exempt from the requirements for an agreement with the governing body, as required by subdivision 1 of this subsection, if all of the following is satisfied:

a. The dam is used to create a stormwater detention or retention facility;

b. The maximum depth of the water retained by the impoundment at its 100-year storm flood elevation is not greater than four feet; and

c. The surface area of the impoundment at full flood is not greater than two acres and is beyond the right-of-way dedicated to public use.

L. Roadway drainage.

Policy and procedures. All drainage facilities shall be designed in accordance with the department's Drainage Manual (24VAC30-91-160) and supplemental directives. All drainage computations supporting a proposed drainage design shall be submitted to the department for review as part of the documents necessary for the approval of a construction plan.
Stormwater management. Whereas the department considers matters regarding stormwater management associated with the construction of new subdivision streets to be under the authority of the local governing body, decisions regarding stormwater management in the construction of subdivision streets are deferred to the locality. However, stormwater management, including the construction of detention or retention facilities, or both, is recognized as an available design alternative. Where the developer is required by regulations promulgated by an agency or governmental subdivision other than the department or the developer chooses to use stormwater management facilities in the design of a subdivision, the governing body shall, by formal agreement, and as a prerequisite for the transfer of jurisdiction over the street to the department, acknowledge that the department is not responsible for the operation, maintenance, or liability of the stormwater management facility or facilities associated with the subdivision. However, in the event the governing body has executed a comprehensive, countywide agreement with the department addressing these matters, a specific agreement addressing stormwater management controls in the subdivision will not be required as a condition for street acceptance.

Stormwater management controls for VDOT projects are designed in accordance with the VDOT Erosion and Sediment Control and Stormwater Management Program Specifications Manual (24VAC30-91-160), the Erosion and Sediment Control Regulations, 9VAC25-840, and the Virginia Stormwater Management Program (VSMP) Regulation, 9VAC25-870. While these controls may be necessary whenever a street maintained by VDOT is widened or relocated, the department does not require them in the development of new subdivision streets, because such activity is regulated by the local governments. However, developers and counties may find these controls useful in managing land development activity.

Devices and treatments intended to mitigate the impact of stormwater shall be placed off of the right-of-way and shall be designed to prevent the backup of water against the roadbed.

Where development activity results in increased runoff to the extent that adjustment of an outfall facility is required, such adjustment shall be at the developer's expense and be contained within an appropriate easement.

Drainage easements.

a. An acceptable easement shall be provided from all drainage outfalls to a natural watercourse, as opposed to a swale. (See 24VAC30-91-10 for definitions.)

b. The department normally accepts and maintains only that portion of a drainage system that falls within the limits of the dedicated right-of-way for a street. The department's responsibility to enter drainage easements outside of the dedicated right-of-way shall be limited to undertaking corrective measures to alleviate problems that may adversely affect the safe operation or integrity of the roadway.

c. In the event drainage to a natural watercourse is not accomplished or is interrupted, an acceptable agreement from the governing body may be considered as an alternative to providing an easement to a natural watercourse, provided the agreement acknowledges that the department is neither responsible nor liable for drainage from the roadway.

M. Other design considerations.

Guardrail. Guardrail shall be used when required by the resident engineer consistent with the Road Design Manual (24VAC30-91-160). For placement considerations, see the Subdivision Street Design Guide (24VAC30-91-160).
Landscaping and erosion control. All disturbed areas within the dedicated right-of-way and easements of any subdivision street shall be restored with vegetation compatible with the surrounding area. Where there is visual evidence of erosion or siltation, acceptance of the street as part of the secondary system of state highways maintained by the department will be postponed until appropriate protective measures, in accordance with VDOT's construction practices, are taken. Except as otherwise approved by the resident engineer, planting of trees or shrubs on the right-of-way shall be in accordance with the Subdivision Street Design Guide (24VAC30-91-160).
Lighting. Roadway, security, or pedestrian lighting, when required by the governing body or desired by the developer, shall be installed in accordance with the Subdivision Street Design Guide (24VAC30-91-160). However, VDOT shall not be responsible for the maintenance or replacement of lighting fixtures or the provision of power for lighting.
Railroad crossings.

a. Short-arm gates with flashing signals, flashing signals alone, or other protective devices as deemed appropriate by the department shall be provided at any at-grade crossing of an active railroad by a subdivision street.

b. Crossings of railroad right-of-way are subject to the requirements of the railroad. Subdivision streets to be accepted by the department for maintenance as part of the secondary system of state highways that cross railroad right-of-way will only be considered if the protective measures outlined under this section have been fully installed and an agreement between the railroad, the developer and the local governing body has been executed. Prior to execution, such agreements shall be presented to the department for consideration in consultation with the Department of Rail and Public Transportation.

Utilities. Local governments, the development community, and the utility community are encouraged to coordinate and consolidate their interests as part of the initial development plan.

a. Underground utilities. The department allows the placement of underground utilities within the dedicated right-of-way of streets, but normally restricts placement to areas outside of the travel lanes and desirably beyond pavement areas. However, if the governing body has established adequate requirements for the design, location, and construction of underground utilities within the right-of-way of subdivision streets, including provisions that ensure that adequate testing and inspection is performed to minimize future settlement, those requirements shall become the department's requirements and govern unless those requirements conflict with a requirement of the department.

When location of the utilities outside of the pavement area is not practical and is endorsed by the local government through its requirements, such installations:

(1) Are acceptable within the shoulders along the street or within the parking area adjacent to curb and gutter roadways.

(2) May be acceptable beneath the travel lanes of the street when provisions are made to ensure adequate inspection and compaction tests and:

(a) Longitudinal installations and manholes are located outside of the normal travel lanes, or

(b) Longitudinal installations and manholes are placed in the center of an undivided roadway out of the wheel path.

However, manholes shall not be placed in sidewalk or shared use path facilities within five feet of curb ramps or within driveway entrances.

b. Open-cutting of hard-surfaced roadways. The department usually prohibits the open-cutting of hard-surfaced roads except in extenuating circumstances. Therefore, all underground utilities within the right-of-way, as determined necessary by good engineering practice to serve the complete development of adjacent properties, shall be installed during the street's initial construction and prior to the application of its final pavement surface course. This shall include extensions of all necessary cross-street connections or service lines to an appropriate location beyond the pavement and preferably the right-of-way line.

In the event it is necessary to open the street pavement to work on utilities after the surface has been placed, additional compaction tests and paving as necessary to restore the integrity and appearance of the roadway may be required at the discretion of the resident engineer.

c. Cross-street conduits. To facilitate the placement of future underground utilities, cross-street conduits are encouraged, with placement of such conduits occurring on each street at intersections and approximately every 1,000 feet along the length of a street.

d. Aboveground utilities. All aboveground utilities shall be installed behind the sidewalk or as close as possible to the limits of the street's right-of-way but shall not encroach on the sidewalk, the shared use path, or any clear zone.

To assure the unencumbered dedication of the right-of-way for subdivision street additions, easements or other interests within the platted right-of-way shall be quitclaimed of any prior rights therein. In exchange, a permit may be issued by the department for a utility to occupy the area involved. This permit will be processed by the resident engineer upon acceptance of the street into the secondary system of state highways maintained by the department. No inspection fee is required for permits so issued. However, the approval of the permit shall be contingent upon the utility's compliance with applicable provisions of the Land Use Permit Regulations.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005; Errata, 21:12 VA.R. 1776 February 21, 2005; amended, Virginia Register Volume 27, Issue 16, eff. May 11, 2011; Volume 31, Issue 7, eff. December 31, 2014.

24VAC30-91-120 Right-of-way width, spite strips, and encroachments

A. Right-of-way width. A clear and unencumbered right-of-way shall be dedicated to public use for any subdivision street proposed for addition to the secondary system of state highways maintained by the department. However, in certain, rare extenuating circumstances involving a party beyond the influence of the developer, an easement for transportation purposes may be approved by the resident engineer in lieu of dedicated right-of-way. In all other cases, any easement that might interfere with the public's unencumbered use of the street shall be quitclaimed in exchange for a land use permit, as outlined in 24VAC30-91-110 M 5 (Design and agreement requirements—Utilities).

The width of right-of-way shall be as indicated in the Subdivision Street Design Guide 24VAC30-91-160) and shall be sufficient to include all essential elements of the roadway intended to be maintained by the department, including pedestrian, bicycle, or shared use path facilities and clear zone. However, supplemental easements may be used to accommodate sight distance requirements and slopes for cuts and fills. The right-of-way requirements are defined in the Subdivision Street Design Guide (24VAC30-91-160).

When an existing state maintained road is widened, the additional right-of-way should be dedicated as follows:

If the existing right-of-way consists of a prescriptive easement, to the degree that the developer controls the land, the right-of-way shall be dedicated to public use from the centerline of the alignment.
If the existing right-of-way is dedicated to public use, the additional right-of-way shall be dedicated to public use.
If the existing right-of-way is titled in the name of the department or the Commonwealth, the additional right-of-way shall be deeded to the department or to the Commonwealth, consistent with the title of the existing right-of-way.

B. "Spite strips." Plans that include a reserved or "spite" strip that prohibits otherwise lawful vehicular access to a street from the adjacent properties, whether within or outside the subdivision, will not be approved.

C. Encroachments within the right-of-way. Recording of a plat causes the fee title interest of areas dedicated to public use to transfer to the local governing body. Therefore, objects installed within the right-of-way for purposes other than transportation may be considered an unlawful encroachment in the right-of-way and prevent the right-of-way from being considered clear and unencumbered.

Posts, walls, signs, or similar ornamental devices that do not interfere with roadway capacity or encroach into a clear zone or interfere with prescribed sight distance requirements may be permitted within the right-of-way. However, specific authorization by the resident engineer or as authorized under the Land Use Permit Regulations is a requisite for these devices or any other encroachment located within the right-of-way. For the purposes of this subsection, mailboxes installed on breakaway posts may occupy the right-of-way without permit. Otherwise encroachments that do not fall within the safe clear zone may be allowed within the right-of-way pursuant to a land use permit issued by the resident engineer or other designee.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005; amended, Virginia Register Volume 27, Issue 16, eff. May 11, 2011.

24VAC30-91-130 Neotraditional developments

Streets maintained with public transportation funds should be able to safely accommodate the effective and efficient movement of those expected to use those streets. Consequently, the design of streets intended for maintenance by the department within neotraditional or other unique developments also must comply with all applicable provisions of these requirements and the department's applicable design criteria.

The Subdivision Street Design Guide (24VAC30-91-160) offers additional guidance on neotraditional developments and acceptable unique features typically seen in these types of developments. The utilization of many neotraditional concepts and traffic calming features can normally be accomplished within the flexibility available within VDOT's subdivision street design criteria, and specific requests for exceptions when requests cannot be accommodated should be in writing to the resident engineer.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005; Errata, 21:12 VA.R. 1776 February 21, 2005.

24VAC30-91-140 Surety and fees

A. Policy. Except as otherwise provided herein, the developer shall provide surety to guarantee the satisfactory performance of the street, a maintenance fee to offset the department's maintenance costs, and an administrative cost recovery fee to recover the department's costs associated with the review of subdivision plans, the inspection of new subdivision streets, and the administrative processing of the acceptance of new streets as determined in this section. All surety and fees collected under this section shall be based on the date of the local governing body's request and the aggregate mileage of new subdivision streets in that request, rounded up to the next tenth. In the event of extenuating circumstances beyond the developers control, the commissioner or his designee may waive all or a portion of any of the surety and fees.

B. Surety.

Type of surety and expiration. An acceptable surety, in accordance with this section, shall be provided by the developer to guarantee the satisfactory performance of the street for a period of one year from the date of its acceptance into the secondary system of state highways. In the event the developer fails to provide surety or any of the fees described in this section within the 30-day period following the local governing body's request for the department to accept the maintenance of a street, the department's previous final inspection of the street shall be considered void and a new inspection shall be required. Surety may be in the form of a performance bond, cash deposit, certified check, irrevocable letter of credit, third party escrow account, or other form mutually satisfactory to the department and the developer. Under no circumstances shall the department or any agency of the Commonwealth be named the escrow agent nor shall funds deposited with the department as surety be subject to the payment of interest.
Alternatives to surety.

a. In jurisdictions where the staff of the governing body administers a comprehensive subdivision construction inspection program that has been approved by the department, the surety may be waived upon certification by the governing body that the proposed addition has been constructed in accordance with approved plans and specifications.

b. If requested by the developer and subject to availability of departmental personnel, VDOT may perform the construction inspection of subdivision streets proposed to be added to the secondary system of state highways. In such cases, the developer shall bear all costs incurred by the department and the surety shall be waived.

Amount of surety. Surety shall be calculated at the rate of $2,000 per lane per tenth mile of street, or portion thereof, to be accepted by the department for maintenance as part of the secondary system of state highways.

C. Maintenance fee.

A maintenance fee, provided by the developer, shall be required for the acceptance of any street as part of the secondary system of state highways. The maintenance fee shall be calculated at the rate of $150 per lane per tenth mile or portion thereof.

D. Administrative cost recovery fee.

Application of the administrative cost recovery fee. To recover a portion of the department's direct costs associated with the review of subdivision plans, the inspection of new subdivision streets, and the administrative processing of the acceptance of new streets, an administrative cost recovery fee shall be required from the developer at the time the streets are accepted by the department. The amount of this cost recovery fee shall be based on the following:

a. For streets shown on subdivision construction plans approved prior to (the effective date of the regulation):

(1) No cost recovery fee will be collected for street additions requested by the local government before July 1, 2005; and

(2) The cost recovery fee structure described in subdivision 1 c of this subsection shall apply until July 1, 2007, after which the department's prevailing cost recovery fee structure will apply.

b. For streets shown on subdivision construction plans approved after the effective date of the regulation, the department's cost recovery fee structure in effect at the time of construction plan approval shall apply and be fixed for a period of three years from the date of said approval, after which the prevailing cost recovery fee structure shall apply.

c. The administrative cost recovery fee shall be computed at a base rate of $250 per lane, without regard to street length, plus $100 per lane per tenth mile, or portion thereof. However, in the event the surety for new streets is waived under the provisions of subdivision A 2 of this section, the administrative cost recovery fee shall be reduced 50%.

Alternatives to the administrative cost recovery fee. As an alternative to the administrative cost recovery fee, the department may use one of the following approaches to recover its direct costs:

a. For any subdivision, at the developer's request, the department may establish an account for the purpose of tracking these costs and billing the developer not more often than every 30 days;

b. For large, complex, multi-use developments, the department, at its option, may establish an account for the purpose of tracking these costs and billing the developer not more often than every 30 days. However, the cost recovery fee assessed under this provision shall not be greater than two times the prevailing cost recovery fee structure; or

c. If requested to provide plan review or inspection services or both for subdivision streets that are not intended for maintenance by the department, the department may establish an account for the purpose of tracking these costs and billing the developer not more often than every 30 days.

Administrative cost recovery fee, annual adjustments. The department shall have the option of adjusting the annual cost recovery fee, in which case it shall compile information regarding its costs for the review of subdivision plans, the inspection of new subdivision streets, and the administrative processing of the acceptance of new streets during the previous fiscal year and report this information to the commissioner by January 1 of each year. The commissioner may adjust the administrative cost recovery fee by not more than 25% of the fee structure in effect on July 1 of the previous calendar year but not greater than the department's average direct cost as established in the report.

If the commissioner deems that a change in the cost recovery fee structure is warranted, implementation of the change shall be made as follows:

a. Notice of the adjusted fee structure, including the report on which it is based or information about where the report may be viewed, will be published in the Virginia Register of Regulations in April of that year, and

b. The adjusted fee structure shall become effective on July 1 of that year.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005.

Part III Reference Section

24VAC30-91-150 Subdivision street development, plan review, and acceptance

A. The county-state partnership governing VDOT acceptance of new streets for maintenance. Section 33.2-705 of the Code of Virginia (a Byrd Act provision) creates the authority under which local governments establish new roads as part of the secondary system of state highways. Sections 15.2-2240 and 15.2-2241 of the Code of Virginia establish the authority of local subdivision ordinances and the authority of counties to set the standards for new streets within their territories.

VDOT's participation in the development and acceptance of subdivision streets for maintenance is a cooperative commitment of the Commonwealth Transportation Board.

VDOT's concurrence with or approval of a construction plan represents VDOT's commitment to accept the streets shown on the plan when satisfactorily constructed and all other requirements governing the department's acceptance of streets are satisfied, including the governing body's request for the acceptance of or transfer of the maintenance and operational jurisdiction over the street, as outlined in these requirements.

Pursuant to these principles:

Local government controls land development activity and establishes new streets, the relocation of existing streets, and the criteria governing the development of such streets.
VDOT establishes the minimum standards that must be satisfied for new subdivision streets to be considered for maintenance by the department as part of the secondary system of state highways under its jurisdiction.

Within each locality, VDOT is represented by a resident engineer or comparable designee.

B. Street development and acceptance of maintenance process.

Concept and construction plan approval phase. The proposed construction plan shall be considered incomplete in the absence of a preliminary pavement design based on the Pavement Design Guide (24VAC30-91-160) and the presumed values therein.
Construction phase. Upon approval of the construction plan and prior to construction, the resident engineer should advise the developer regarding inspection of the construction phases and the scheduling of those inspections. VDOT approval of each of the following phases of construction is recommended.

a. Installation of any enclosed drainage system before it is covered.

b. Installation of any enclosed utility placements within the right-of-way before being covered.

c. Construction of the cuts and fills, including field density tests, before placement of roadbed base materials.

d. A final pavement design, based on actual soil characteristics and certified tests, shall be completed and approved before the pavement structure is placed.

e. Placement of base materials, including stone depths, consistent with the approved pavement design, prior to placement of the paving course or courses, followed by field density and moisture tests and the placement of a paving course as soon as possible.

f. Construction of pavement, including depth and density, upon completion as part of the final inspection.

Street acceptance process. In the absence of any other formal acceptance, the governing body's resolution requesting the department to accept a street for maintenance as part of the secondary system of state highways completes the dedication and is deemed to constitute the governing body's acceptance of the street.
Post acceptance phase.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005; amended, Virginia Register Volume 31, Issue 7, eff. December 31, 2014.

24VAC30-91-160 Listing of documents (publications) incorporated by reference

Information pertaining to the availability and cost of any of these publications should be directed to the address indicated below the specific document. Requests for documents available from the department may be submitted to VDOT; however, department documents may be available over the Internet at www.vdot.virginia.gov.

Drainage Manual, effective April 2002.

VDOT

1221 E. Broad Street

Richmond, Virginia 23219

Land Use Permit Regulations, 24VAC30-151, effective March 17, 2010.

VDOT

1221 E. Broad Street

Richmond, Virginia 23219

Pavement Design Guide for Subdivision and Secondary Roads in Virginia, effective August 1, 2000.

VDOT

1221 E. Broad Street

Richmond, Virginia 23219

Road and Bridge Specifications, effective 2002.

VDOT

1221 E. Broad Street

Richmond, Virginia 23219

Road Design Manual, effective January 1, 2005.

VDOT

1221 E. Broad Street

Richmond, Virginia 23219

Subdivision Street Design Guide (Appendix B: Road Design Manual, effective January 1, 2005)

VDOT

1221 E. Broad Street

Richmond, Virginia 23219

Road and Bridge Standards, effective February 1, 2001.

VDOT

1221 E. Broad Street

Richmond, Virginia 23219

Virginia Erosion and Sediment Control Handbook, effective 1992.

Division of Soil and Water Conservation with The Virginia Erosion and Sediment Control Law and Regulations

Division of Soil and Water Conservation

Governor Street, Suite 206

Richmond, Virginia 23219

Highway Capacity Manual, effective 2000.

Transportation Research Board

Keck Center of the National Academies

Transportation Research Board

500 Fifth Street, NW

Washington, DC 20001

Attn: TRB Publications Sales & Affiliate Services

VDOT Erosion and Sediment Control and Stormwater Management Program Specifications Manual (effective March 1, 2004).

VDOT

1221 E. Broad Street

Richmond, Virginia 23219

Policy for Integrating Bicycle and Pedestrian Accommodations—Commonwealth Transportation Board (effective March 18, 2004.) Note: This policy reference is included in the regulation only for informational purposes and is not considered a regulatory provision. Applicable elements of this policy are stated in the regulation itself.

History

Statutory Authority: §§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005; amended, Virginia Register Volume 27, Issue 16, eff. May 11, 2011; Volume 40, Issue 19, eff. May 6, 2024; Volume 42, Issue 7, eff. January 1, 2026; Volume 42, Issue 9, eff. December 15, 2025.

Chapter 120 Rules and Regulations Controlling Outdoor Advertising and Directional and Other Signs and Notices

Part I Outdoor Advertising in Zoned and Unzoned Commercial and Industrial Areas

24VAC30-120-10 Definitions

For the purposes of this chapter, the following definitions shall apply:

"Commercial or industrial activities" means those activities generally recognized as commercial or industrial by zoning authorities in this Commonwealth, except that none of the following activities shall be considered commercial or industrial:

Outdoor advertising structures.
Agricultural, forestry, grazing, farming, and related activities including, but not limited to, wayside fresh produce stands.
Transient or temporary activities.
Activities not visible from the main-traveled way.
Activities more than 300 feet from the nearest edge of the right of way.
Activities conducted in a building principally used as a residence.
Railroad tracks and minor sidings.

"National highway system" means the federal-aid highway system described in subsection (b) of § 103 of Title 23, United States Code, and regulations adopted pursuant to that law, or as defined in § 33.2-1200 of the Code of Virginia.

"Unzoned commercial or industrial areas" means those areas on which there is located one or more permanent structures devoted to a business on industrial activity or on which a commercial or industrial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along the highway extending outward 500 feet from and beyond the edge of such activity. Each side of the highway will be considered separately in applying this definition.

"Zoned commercial or industrial areas" means those areas which are reserved for business, commerce, or trade pursuant to a comprehensive state or local zoning ordinance or regulation. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the activities, not from the property lines of the activities, and shall be along or parallel to the edge or pavement of the highway.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 1.1, eff. April 1, 1976; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995; Volume 31, Issue 7, eff. December 31, 2014.

24VAC30-120-20 Zoning requirements

A. In zoned commercial and industrial areas where the locality has regulations governing the size, spacing and lighting of signs, such regulations shall control and govern when so certified to the appropriate federal authority by the commissioner.

B. In all other zoned and unzoned commercial and industrial areas, the criteria set forth in this part shall apply.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 1.2, eff. April 1, 1976; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

24VAC30-120-30 Size of signs

A. The maximum area for any advertisement shall be 1,200 square feet with a maximum height of 25 feet and maximum length of 60 feet, inclusive of any border and trim but excluding ornamental base or apron supports and other structural members.

B. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire advertisement.

C. A sign structure may contain one or two advertisements per facing, not to exceed the maximum area.

D. Double-faced structures will be permitted with the maximum area being allowed for each facing.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 1.3, eff. April 1, 1976; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

24VAC30-120-40 Spacing of signs

A. Interstate highway and freeways on the national highway or federal-aid primary systems.

No two structures shall be spaced less than 500 feet apart.
No structure may be located within 500 feet of an interchange, or intersection at grade, or rest area (measured along the interstate or freeway from the sign to the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way).

B. Nonfreeway federal-aid primary or national highway system routes.

Outside of municipalities. No two structures shall be spaced less than 300 feet apart.
Inside municipalities. No two structures shall be spaced less than 100 feet apart.

C. Explanatory notes.

Official and "on premise" signs, as defined in § 131(c) of Title 23, United States Code, shall not be counted nor shall measurements be made from them for purposes of determining compliance with spacing requirements.
The minimum distance between signs shall be measured along the nearest edge of the pavement between points directly opposite the signs along each side of the highway.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 1.4, eff. April 1, 1976; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

24VAC30-120-50 Lighting

Signs may be illuminated, subject to the following restrictions:

Signs which contain, include, or are illuminated by any flashing intermittent, or moving light or lights are prohibited, except those giving public service information such as time, date, temperature, weather, or similar information.
Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the interstate or primary highway and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.
No sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal.
All such lighting shall be subject to any other provisions relating to lighting of signs presently applicable to all highways under the jurisdiction of the Commonwealth.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 1.5, eff. April 1, 1976; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

24VAC30-120-60 Zoning requirements; interstate highways

Notwithstanding 24VAC30-120-20 A and 24VAC30-120-20 B, no signs, advertisements or advertising structures may be erected, maintained or displayed adjacent to interstate highways except:

In zoned commercial or industrial areas within the boundaries of incorporated municipalities as such boundaries existed on September 21, 1959.
In other areas zoned commercial or industrial as of September 21, 1959.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 1.6, eff. April 1, 1976; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

24VAC30-120-70 Certification of comprehensive zoning

At any time that a locality adopts a comprehensive zoning ordinance which also controls outdoor advertising including size, lighting and spacing controls in zoned commercial and industrial areas, the regulation of signs under these rules and regulations shall be transferred from 24VAC30-120-20 B to 24VAC30-120-20 A when so certified to the appropriate federal authority by the commissioner. Upon the written request of such locality or any other interested party, the commissioner will review such certification request for compliance with this section.

At such time as the commissioner determines that such locality no longer has a comprehensive zoning ordinance which also controls outdoor advertising including size, lighting and spacing controls in zoned commercial and industrial areas, such certification shall be withdrawn and the regulation of signs under these rules and regulations shall be retransferred from 24VAC30-120-20 A to 24VAC30-120-20 B.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 1.7, eff. April 1, 1976; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

Part II Directional and Other Official Signs and Notices (Located Off Highway Right of Way)

24VAC30-120-80 Definitions

The following definitions apply to directional and other official signs and notices which are erected and maintained within 660 feet of the nearest edge of the right of way of interstate, federal-aid primary and national highway systems, which are not erected on the highway right of way and which are visible from the main-traveled way of the system.

"Directional and other official signs and notices" means only official signs and notices, public utility signs, service club and religious notices, public service signs, and directional signs.

"Directional signs" means signs containing directional information about public places owned or operated by federal, state, or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.

"Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish.

"Federal or state law" means a federal or state constitutional provision or statute, or an ordinance, rule or regulation enacted or adopted by a state or federal agency or a political subdivision of a state pursuant to a federal or state constitution or statute.

"Freeway" means a divided arterial highway for through traffic with full control of access.

"Interstate system" means the national system of interstate and defense highways, described in § 103(e) of Title 23, United States Code.

"Maintain" means to allow to exist.

"Main-traveled way" means the through traffic lanes of the highway, exclusive of frontage roads, auxiliary lanes and ramps.

"Official signs and notices" means signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by state law and erected by state or local government agencies or nonprofit historical societies may be considered official signs.

"Parkland" means any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site.

"Primary system" means the federal-aid highway system described in § 103(b) of Title 23, United States Code.

"Public service signs" means signs located on school bus stop shelters, which:

Identify the donor, sponsor, or contributor of said shelter;
Contain safety slogans or messages, which shall occupy not less than 60% of the area of the sign;
Contain no other message;
Are located on school bus shelters which are authorized or approved by city, county, or state law, regulation or ordinance, and at places approved by the city, county, or state agency controlling the highway involved; and
May not exceed 32 square feet in area. Not more than one sign on each shelter shall face in any one direction.

"Public utility signs" means warning signs, informational signs, notices, or markers which are customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations.

"Rest area" means an area or site established and maintained within or adjacent to the highway right of way by or under public supervision or control for the convenience of the traveling public.

"Scenic area" means any area of particular scenic beauty or historical significance as determined by the federal, state, or local officials having jurisdiction thereof, and includes interests in land which has been acquired for the restoration, preservation, and enhancement of scenic beauty.

"Service club and religious notices" means signs and notices whose erection is authorized by law, relating to meetings of nonprofit service clubs or charitable associations, or religious services, which signs do not exceed eight square feet in area.

"Sign" means an outdoor sign, light, display device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform any part of the advertising or informative contents of which is visible from any place on the main-traveled way of the interstate or federal-aid primary highway.

"Single route" means one numbered highway or a combination of numbered highways affording a means of reaching an advertised activity from any one point.

"State" means any one of the 50 states, the District of Columbia, or Puerto Rico.

"Visible" means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 2.1, eff. April 1, 1976; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995; Volume 31, Issue 7, eff. December 31, 2014.

24VAC30-120-90 Prohibited signs

The following signs are prohibited:

Signs advertising activities that are illegal under federal or state laws or regulations in effect at the location of those signs or at the location of those activities.
Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruction or interfere with the driver's view of approaching, merging, or intersecting traffic.
Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.
Obsolete signs.
Signs which are structurally unsafe or in disrepair.
Signs which move or have any animated or moving parts.
Signs located in rest area, parklands or scenic areas.
Signs that identify ancillary sites, areas, features or activities.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 2.2, eff. April 1, 1976.

24VAC30-120-100 Size

A. No sign shall exceed the following limits:

Maximum area -- 150 square feet
Maximum height -- 20 feet.
Maximum length -- 20 feet.

B. All dimensions include border and trim, but exclude supports.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 2.3, eff. April 1, 1976.

24VAC30-120-110 Lighting

Signs may be illuminated, subject to the following:

Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.
Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate or primary highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.
No sign may be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 2.4, eff. April 1, 1976.

24VAC30-120-120 Spacing

A. Each location of a sign must be approved by the state Department of Transportation.

B. No sign may be located within 2,000 feet of an interchange, or intersection at grade along the interstate system or other freeways (measured along the interstate or freeway from the nearest point of the beginning or ending or pavement widening at the exit from or entrance to the main-traveled way).

C. No sign may be located within 2,000 feet of a rest area, parkland, or scenic area.

D. 1. No two signs facing the same direction of travel shall be spaced less than one mile apart;

Not more than three signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity;
Signs located adjacent to the interstate system shall be within 75 air miles of the activity; and
Signs located adjacent to the primary system shall be within 50 air miles of the activity.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 2.5, eff. April 1, 1976.

24VAC30-120-130 Message content

The message on signs shall be limited to the identification of the approved site, feature, area or activity and directional information useful to the traveler in locating the site, area, feature, or activity, such as mileage, route number or exit numbers. Descriptive words or phrases, and pictorial or photographic representations of the activity or its environs are prohibited.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 2.6, eff. April 1, 1976.

24VAC30-120-140 Administration of regulations

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.

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.
Any of the above must be nationally or regionally known as determined by the commissioner.
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.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 2.7, eff. April 1, 1976; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995; amended, Volume 28, Issue 4, eff. November 23, 2011; Volume 31, Issue 7, eff. December 31, 2014.

24VAC30-120-150 Final determination

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.).

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 2.8, eff. April 1, 1976; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995.

Part III Signs on Rights of Way of the Interstate and Other Controlled Access Highways

24VAC30-120-160 Definitions

The original text of Part III pertains to traffic signs and other markers, which are exempt from the Administrative Process Act. The department has filed a replacement to this part as VR 385-01-63 ("Supplemental Signing Criteria") to comply with provisions of the Virginia Register Act (§ 2.2-4100 et seq. of the Code of Virginia). This document is available for inspection at the Department of Transportation, in the Office of Public Affairs in the Department's principal office at 1401 East Broad Street, Richmond, VA 23219.

Part IV Control and Continuance of Nonconforming Signs, Advertisements, and Advertising Structures

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.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 4.1, eff. April 1, 1976; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995; Volume 31, Issue 7, eff. December 31, 2014.

24VAC30-120-170 Criteria for the maintenance and continuance of a nonconforming sign, advertisement or advertising structure

A. To be classified as a nonconforming sign or structure, such sign or structure must have been in lawful existence on the effective date of the state law or regulation or changed condition and must continue to be lawfully maintained.

B. To be allowed to continue as nonconforming, a sign or structure must remain substantially unchanged from its condition as of the effective date of the state law or regulations or changed condition.

Replacement, extension, or enlargement of the sign or structure is a substantial change in the existing use.
The change of location or height of such sign or structure is a substantial change in the existing use.
A change of the message content is not a substantial change in existing use. In the event a sign has been blank for a period of 18 consecutive months, the owner will be given written notice of 120 days to display a message on or remove such sign structure. In the event a message is not displayed on the sign structure within 120 days from the postdate of the aforementioned written notice, the permit shall be cancelled.
Rebuilding, or re-erecting the sign or structure, is a substantial change in existing use if such rebuilding, or re-erection expenses exceed 50% of the current replacement cost new of the entire sign or structure.

EXCEPTION:

If it can be demonstrated to the satisfaction of the commissioner that a nonconforming sign or structure has been vandalized or subject to other criminal or tortious act, then the replacement, rebuilding, or re-erecting of such sign or structure will not be considered a substantial change in existing use irrespective of the cost of such replacement; however, it will be considered a substantial change in existing use if damage to nonconforming signs or structures is caused by natural disasters, hurricanes, high winds, hail, or the like, and such damage exceeds 50% of the current replacement cost new of the entire sign or structure. In the event vandalism and an act of God combine to damage a nonconforming sign or structure, the commissioner shall determine the percentage allocated to each cause of damage before determining whether a substantial change in existing use has occurred.

Normal upkeep and repair of such sign or structure on a frequent basis, to the extent that the total cost of such repairs in the 12-month period would not exceed 50% of the current replacement cost new of the entire sign or structure, is not a substantial change in existing use.

C. In reaching a determination on the cost point in subdivisions B 4 and B 5 of this section the following will apply:

The sign owner shall furnish the commissioner cost data supporting any contention that such sign or structure is not damaged more than 50% of the current replacement cost new.
The commissioner may also utilize any other data available to him.
A sign or advertising structure lawfully in existence under the "Grandfather Clause" (see 24VAC30-120-160, Definitions) must conform to the criteria set out herein.
Certain standard maintenance practices and techniques utilized by the industry relating to how repairs are accomplished may be individually approved, in which case nonconforming rights shall not be terminated.
A nonconforming sign or structure that does not conform to the foregoing criteria shall constitute a substantial change in existing use thereby terminating nonconforming rights and legal status.

D. Once the sign owner has submitted the data per subsection C of this section, the commissioner, per §§ 33.2-1201 and 33.2-1219 of the Code of Virginia, shall make a determination whether the cost of the requested or required repairs exceeds 50% of the current replacement cost new of the entire billboard or structure. The determination shall be communicated to the sign owner and the building official of the locality. The sign owner is required to apply for a building permit from the locality before repairs can be commenced. If the building official of the locality objects to the commissioner's determination, for good cause shown, he may submit the objection to the commissioner, with a copy to the sign owner, within 30 days of the building permit application by the sign owner. Upon receipt of the objection the commissioner, per §§ 33.2-1201 and 33.2-1219 of the Code of Virginia, shall consider the documentation submitted by the building official and reissue a determination, which shall be binding upon the locality.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 4.2, eff. April 1, 1976; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995; Volume 21, Issue 3, eff. November 17, 2004; Volume 31, Issue 7, eff. December 31, 2014.

24VAC30-120-180 Right to continue

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.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 4.3, eff. April 1, 1976.

24VAC30-120-190 Owner's responsibility

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.

History

Statutory Authority: §§ 33.2-210, 33.2-1200, and 33.2-1220 of the Code of Virginia.
Historical Notes: Derived from VR385-01-13 § 4.4, eff. April 1, 1976; amended, Virginia Register Volume 11, Issue 10, eff. March 8, 1995; Volume 31, Issue 7, eff. December 31, 2014.

Chapter 151 Land Use Permit Regulations

Part I Definitions

24VAC30-151-10 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context indicates otherwise:

"Backfill" means replacement of suitable material compacted as specified around and over a pipe, conduit, casing, or gallery.

"Boring" means a method of installation that is done underground and by which a carrier or casing is jacked through an oversize bore. The bore is carved progressively ahead of the leading edge of the advancing pipe as soil is forced back through the pipe. Directional drilling, coring, jacking, and other similar trenchless digging methods are also considered boring.

"Carrier" means a pipe directly enclosing a transmitted liquid or gas.

"Casing" means a larger pipe enclosing a carrier.

"Central office permit manager" means the VDOT employee assigned to provide management, oversight, and technical support for the VDOT land use permit program.

"Chief Engineer" means the VDOT employee in overall supervision of engineering functions for VDOT or that employee's designee.

"Clear zone" means the total border area of a roadway, including any parking lanes or planting strips, that is sufficiently wide for an errant vehicle to avoid a serious accident.

"Commercial entrance" means any entrance other than a private entrance.

"Commissioner of Highways" means the individual serving as the chief executive officer of the Virginia Department of Transportation or a designee.

"Conduit" means an enclosed tubular runway for carrying wires, cable, or fiber optics.

"Cover" means the depth of the top of a pipe, conduit, or casing below the grade of the roadway, ditch, or natural ground.

"Crossing" means any utility facility that is installed across the roadway, either perpendicular to the longitudinal axis of the roadways or at a skew of no less than 60 degrees to the roadway centerline.

"District administrator" means the VDOT employee assigned the overall supervision of the departmental operations for one of VDOT's construction and maintenance districts.

"District administrator's designee" means the VDOT employee assigned by the district administrator to supervise land use permit activities.

"District roadside manager" means the VDOT employee assigned to provide management, oversight, and technical support for districtwide vegetation program activities.

"Drain" means an appurtenance to discharge liquid contaminants from casings.

"Encasement" means a structural element surrounding a pipe.

"Erosion and sediment control" means the control of soil erosion or the transport of sediments caused by the natural forces of wind or water.

"Grounded" means connected to earth or to some extended conducting body that serves instead of the earth, whether the connection is intentional or accidental.

"Highway," "street," or "road" means a public way for purposes of vehicular travel, including the entire area within the right-of-way.

"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.

"Longitudinal installations" means any utility facility that is installed parallel to the centerline of the roadway or at a skew of less than 60 degrees to the roadway centerline.

"Median" means the portion of a divided highway that separates opposing traffic flows.

"Non-betterment cost" means the cost to relocate an existing facility as is with no improvements.

"Permit" means a document that, in conjunction with the laws of the Commonwealth, sets the requirements, terms, and conditions under which VDOT allows a right-of-way to be used or changed by a permittee.

"Permit agreement" means an agreement supplementary to a permit that sets out additional conditions for the enjoyment of the permit that have been agreed to by the permittee and VDOT.

"Permittee" means the person, firm, corporation, entity, or government entity that has been issued a permit.

"Pipe" means a tubular product or hollow cylinder made for conveying materials.

"Pole line" means poles or a series or line of supporting structures, such as towers, cross arms, guy wires, racks (conductors), ground wires, insulators, and other materials assembled and in place for the purpose of transmitting or distributing electric power or communication, signaling, and control. It includes appurtenances such as transformers, fuses, switches, grounds, regulators, instrument transformers, meters, equipment platforms, and other devices supported by poles.

"Pressure" means relative internal pressure in pounds per square inch gauge (psig).

"Private entrance" means an entrance that serves up to two private residences and is used for the exclusive benefit of the occupants of those residences or an entrance that allows agricultural operations to obtain access to fields or an entrance to civil or communication infrastructure facilities that generate 10 or fewer trips per day, such as cell towers, pump stations, and stormwater management basins.

"Professional engineer" means a person who is qualified to practice engineering by reason of special knowledge and use of mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and experience, and whose competence has been attested by the Virginia Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects through licensure as a professional engineer.

"Relocate" means to move or reestablish existing facilities.

"Right-of-way" means that property within the system of state highways that is open or may be opened for public travel or use or both in the Commonwealth. This definition includes those rights-of-way in which the Commonwealth has a prescriptive easement for maintenance and public travel. The property within a right-of-way includes the travel way and associated boundary lines and the area in between, the subsurface below and air above the property, parking and recreation areas, rest and service areas, and other permanent easements for a specific purpose appurtenant to the right-of-way.

"Roadside" means the area adjoining the outer edge of the roadway. The median of a divided highway may also be considered a "roadside."

"Roadway" means the portion of a highway, including shoulders, for vehicular use. A divided highway has two or more roadways.

"Service connections" means any utility facility installed overhead or underground between a distribution main, pipelines, conduits, lines, wires, or other sources of supply and the premises of the individual customer.

"Shared resource agreement" means an agreement or permit allowing one or more utilities to occupy the limited access right-of-way consistent with the requirements of 24VAC30-151-30 and 24VAC30-151-740.

"Site plan" means the engineered or surveyed drawings depicting proposed development of land.

"Storm sewer" means the system containing and conveying roadway drainage.

"Stormwater management" means the engineering practices and principles used to intercept stormwater runoff, remove pollutants, and slowly release the runoff into natural channels to prevent downstream flooding.

"Structure" means that portion of the transportation facility that spans space, supports the roadway, or retains soil. This definition includes bridges, tunnels, drainage structures, retaining walls, sound walls, signs, and traffic signals.

"System of state highways" means all highways, streets, and roads under the ownership, control, or jurisdiction of VDOT, including the primary, secondary, and interstate systems.

"Telecommunication service" means the offering of telecommunications for a fee directly to the public or to privately owned, investor-owned, or cooperatively owned entities.

"Transportation project" means a project in development or under construction to provide a new public transportation facility or to improve or maintain the existing system of state highways.

"Traveled way" means the portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

"Trenched" means installed in a narrow, open excavation.

"Underground utility facilities" means any item of public or private property placed below ground or submerged for use by the utility.

"Utility" means a privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing telecommunications, cable television, broadband, electricity, gas, oil, petroleum products, water, steam, stormwater not connected with highway drainage, or any other similar commodity, including any fire or police signal system.

"VDOT" means the Virginia Department of Transportation.

"Vent" means an appurtenance to discharge gaseous contaminants from a casing or carrier pipe.

"Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

"Wireless support structure agreement" means a permit agreement, a shared resource agreement, or a permit complying with the requirements of Chapter 15.1 (§ 56-484.26 et seq.) of Title 56 of the Code of Virginia concerning the construction of wireless support structures, communication pedestals, nodes, and amplifiers.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; Volume 42, Issue 5, eff. November 19, 2025.

Part II Authority

24VAC30-151-20 Authority

The General Rules and Regulations of the Commonwealth Transportation Board (24VAC30-21) are adopted pursuant to the authority of §§ 2.2-1151.1, 33.2-118, 33.2-210, 33.2-240, 33.2-241, 33.2-245, 33.2-266, 33.2-338, 33.2-357, 56-458, 56-460, 56-484.28, 56-484.30, 56-484.31, and 56-484.32 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 or nontransportation uses of any nature shall be allowed or performed on the system of state highways or any right-of-way or real property under the ownership, control, or jurisdiction of VDOT until written permission has been obtained from VDOT. Real property includes right-of-way and the system of state highways. Written permission is granted either by permit pursuant to this chapter or a state-authorized contract let by VDOT or the Commonwealth Transportation Board. A permit grants the permittee only those rights set forth in the permit and only to the extent of whatever rights VDOT has in the right-of-way. The permittee is responsible for obtaining permission from others who may also have an interest in the property or right-of-way and for satisfying all other applicable legal requirements, whether federal, state, or local. Employees of VDOT are authorized to issue permits only as described in this chapter. This chapter prescribes the specific requirements of such permits.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 31, Issue 7, eff. December 31, 2014; Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-30 Types of permits and permit agreements

A. Single use permits. A single use permit allows the permittee to perform specific activities within limited access or nonlimited access right-of-way or VDOT property at a specific location that are not otherwise covered by a districtwide permit held by the permittee.

The district administrator's designee shall be responsible for the issuance of all single use permits, except that requests for a permit for tree trimming and tree removal may be issued by the district roadside manager in consultation with the district administrator's designee. The size of the specific location covered by a single use permit shall be at the discretion of the district administrator's designee. The permit issued for the original installation of facilities also allows the permittee to repair or perform routine maintenance operations to those facilities after installation. A single use permit shall be obtained prior to the undertaking of the following actions, even if the activities being conducted may be allowed under a districtwide permit:

Stopping or impeding highway travel in excess of 15 minutes or implementing traffic control that varies from the standard, or any combination of these, as outlined in the Standards for Use of Traffic Control Devices to Classify, Designate, Regulate, and Mark State Highways (24VAC30-315).
Performing work within limited access right-of-way.
Trimming or cutting any trees located within the right-of-way.
Applying any pesticide or landscaping within the right-of-way.
Construction of a permanent entrance to a highway.
Cutting or disturbing highway pavement, shoulders, or ditches.
Installing electrical lines that exceed 34.5 kV.
Installing telecommunication services that exceed 100-pair copper cable or the fiber-optic cable diameter equivalent.
Making permanent upgrades to an existing entrance. Temporary improvements to an existing entrance that will be removed upon the completion of the permitted activity will not require a separate single use permit.
Grading within the right-of-way beyond the immediate area of a temporary entrance.

B. Districtwide permits. A districtwide permit allows the permittee to perform multiple occurrences of certain activities on nonlimited access right-of-way without obtaining a single use permit for each occurrence. The central office permit manager shall be responsible for the issuance of all districtwide permits. VDOT may authorize districtwide permits covering multiple districts (see 24VAC30-151-710).

Utility service connections. Districtwide permits may be issued granting cities, towns, counties, public agencies, or utility providers the authority to install and maintain service connections to existing main line facilities. Work under a districtwide permit will allow the permittee to install a service connection across a nonlimited access primary or secondary highway above ground or below ground, provided the installation can be made from the side of the roadway without impeding travel for more than 15 minutes to pull or drop a service line across a highway and provided that no part of the roadway pavement, shoulders, or ditch lines will be disturbed. The installation of longitudinal utility service connections, not to exceed 500 feet in length, may be accomplished under a districtwide permit upon satisfaction of the following conditions: (i) the service connection shall be placed along the outer edge of the right-of-way, (ii) the service connection shall have a minimum of 36 inches of cover, and (iii) an as-built plan of such longitudinal installation shall be provided to the district administrator's designee. Notwithstanding the provisions of this subdivision, broadband, telecommunications , and cable television service connections may be placed with a minimum of 18 inches of cover, provided the permittee accepts and assumes full responsibility and liability for all damages caused by VDOT, VDOT contractors, or third parties disturbing a service connection buried with less than 30 inches of cover within the right-of-way. A districtwide permit allows for the overlashing of telecommunication lines onto existing lines or strands, unless such overlashing activities trigger the requirements for utilizing a single use permit.
Temporary logging entrances. Districtwide permits may be issued for the installation, maintenance, and removal of temporary entrances onto nonlimited access primary and secondary highways for the purpose of harvesting timber. The permittee shall contact the appropriate district administrator's designee (i) prior to installing a new logging entrance or initiating the use of an existing entrance for logging access and (ii) for final inspection upon completion of logging activities and closure of the temporary entrance. The permittee shall remove excessive mud and any debris that constitutes a hazardous condition from the highway at the permittee's sole cost upon a request from the district administrator's designee.
Surveying. Districtwide permits may be issued for surveying operations on nonlimited access primary and secondary highways if such activity does not involve (i) tree trimming or cutting within the right-of-way; (ii) the installation of pins, stakes, or other survey markers that may interfere with mowing operations or other maintenance activities within the right-of-way; or (iii) the parking of vehicles so as to create a traffic hazard. Parking on the traveled way is strictly prohibited.

C. In-place permits. In-place permits allow utilities to remain within the right-of-way of newly constructed secondary streets. These utilities shall be installed according to VDOT-approved street plans and shall be in place prior to VDOT street acceptance.

D. Prior-rights permits. Prior-rights permits allow utilities with existing facilities within the right-of-way to remain in place as long as those facilities are not in conflict with a transportation project or other use of the right-of-way by the public or the Commonwealth.

E. As-built permits. Utility facilities required to be relocated within a right-of-way due to a conflict with a transportation project or other use of the right-of-way by the public or the Commonwealth may be issued an as-built permit upon completion of the project and the mutual agreement between VDOT and the utility for such relocation.

F. Agreements. In addition to obtaining a single use permit, a utility may be required to enter an agreement with VDOT allowing the utility to use the limited access right-of-way in exchange for monetary compensation, the mutually agreeable exchange of goods or services, or both.

An agreement is required for:

a. Any new longitudinal occupancy of the limited access right-of-way or median where none have existed before, as allowed for in 24VAC30-151-300 and 24VAC30-151-310.

b. Any occupancy of a VDOT-owned wireless support structure.

All agreements shall specify the terms and conditions required in conjunction with work performed within the right-of-way. Agreements shall provide for the payment of monetary compensation in the amount deemed appropriate by the Commissioner of Highways.

Consistent with the requirements of 24VAC30-151-740, a shared resource agreement allows one or more utilities to occupy the limited access right-of-way in exchange for each such utility providing a combination of goods, facilities, services, or monetary compensation to VDOT. The Commissioner of Highways and each such utility will agree upon the appropriate goods, facilities, or services to be provided, the length of the term, and compensation through the provision of a particular service, facility, or monetary compensation, or a combination thereof. Any shared resource agreement shall also provide for compensation as may be deemed appropriate by the Commissioner of Highways in any renewal term. The shared resource agreement shall specify the initial and renewal terms of the lease.

G. Notwithstanding the provisions of this section, no permit shall be required for placement of mailboxes and newspaper boxes in accordance with 24VAC-30-151-560 and placement of certain signs in accordance with 24VAC-30-151-570.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-40 General rules, regulations, and requirements

A. A permit is valid only on right-of-way under VDOT's jurisdiction and on VDOT-owned property. County and city permits must be secured for work on roads and streets under the county or city jurisdictions. A permit covers the actual performance of work within right-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. The Chief Engineer shall approve all activities within limited access right-of-way prior to permit issuance. A permit must be obtained by the owner of the facility to be used or located within right-of-way or VDOT-owned property or the adjacent property owner in the case of entrance permits. A permit may be issued jointly to the owner and contractor if the contractor is the owner's authorized agent. The permittee and the permit's contractors and agents shall comply with all applicable federal, state, and local laws and requirements. The terms of every permit include and incorporate by reference this chapter as well as all federal, state, and local requirements applicable to a permittee's activities under the permit.

B. Application shall be made for a districtwide permit through the central office permit manager and for single use permits through 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. Applicants are encouraged to submit work of a continuous nature along one route, or connected routes within one jurisdiction, into one permit application regardless of length. 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 permittee shall comply with the terms of the permit. The permittee shall construct and use each facility proposed to be used or installed pursuant to a permit exactly as shown on the approved permit application, including:

Showing distances from edge of pavement, existing and proposed right-of-way lines, depths below existing and proposed grades, depths below ditch line or underground drainage structures, or other features.
Showing any existing utilities within close proximity of the applicant's proposed work or use.
Showing the location of poles, guy wires, pedestals, relief valves, vent pipes, and other equipment or structures.
Showing the height of wires or cables above the crown of the roadway.

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 permit is not valid unless signed by the central office permit manager or the district administrator's designee.

F. The permittee shall secure and maintain commercial general liability insurance to protect against liability for personal injury and property damage in connection with all activities undertaken under a permit. Comprehensive general liability insurance with limits of at least $1 million per occurrence and $5 million aggregate or in amounts otherwise required by VDOT as stated in the permit shall be maintained at all times. 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 of insurance or policy documents from the issuing insurance agent or agency prior to issuing a permit.

G. The permittee assumes full responsibility for all damages caused by facilities installed or uses undertaken under a permit. The permittee must make every effort to install facilities in a manner to preclude the possibility of damage.

H. The permittee is responsible for the continued maintenance of facilities placed within a right-of-way.

I. VDOT and the Commonwealth shall be absolved from all responsibilities, damages, and liabilities associated with granting the permit and the permittee's activities in the right-of-way, including activities performed by the permittee's contractors or agents. 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 right-of-way by permit. A permittee shall indemnify and hold harmless the Commonwealth, the Commonwealth Transportation Board, the Commissioner of Highways, VDOT, and the consultants, representatives, agents, and employees of those agencies from and against any and all claims, causes of action, losses, costs, attorney fees, expenses, and damages that directly or indirectly result from or arise out of the permittee's activities or violations in the right-of-way; from any of the permittee's contractors, subcontractors, consultants, representatives, agents, or employees; or from anyone for whom acts or violations the permittee is or may be liable. A permittee shall be civilly liable to the Commonwealth for all actual damage caused by a violation of the terms of a permit or this chapter.

J. A copy of the 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 VDOT or any 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.

K. For permit work within the limits of a transportation project, the applicant must obtain the consent of the project's general contractor in writing before the permit will be issued. The permittee shall coordinate with VDOT and the project's general contractor and schedule all work within the limits of a transportation project to avoid conflicts with work of the transportation project.

L. All activity associated with the permit shall be in accordance with all federal, state, and local requirements and all applicable VDOT requirements, standards, and specifications and as otherwise required by the terms of the permit.

M. 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 § 62.1-44.15:24 of the Code of Virginia and the Virginia Erosion and Stormwater Management Program (Part II (9VAC25-875-40 et seq.) of 9VAC25-875), must be accompanied by documented approval of erosion and sediment control plans and stormwater management plans for the activity, as applicable, from the corresponding jurisdictional local or state government plan approving authority.

N. Restoration shall be made in accordance with VDOT standards and specifications as set forth in the terms of the permit and Part II of 9VAC25-875.

Additionally, the permittee shall:

Ensure compliance with the Virginia Erosion and Sediment Control Program (Part III (9VAC25-875-210 et seq.) of 9VAC25-875).
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.
Take all necessary precautions to ensure against siltation of adjacent properties, streams, or other bodies of water in accordance with VDOT's policies and standards as specified in the terms of the permit and any applicable laws or regulations enforced by the State Water Control Board.
Keep dusty conditions to a minimum by using VDOT-approved methods.
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 specifications as set forth in the terms of the permit.
Ensure that an individual certified by VDOT in erosion and sediment control is present whenever any land-disturbing activity under the permit is performed. All land disturbance activities performed under a permit shall be in accordance with all local, state, and federal requirements. 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.
Stabilize all disturbed areas immediately upon the end of each day's work and reseed in accordance with VDOT specifications as set forth in the terms of the permit. Temporary erosion and sediment control measures shall be installed in areas not ready for permanent stabilization.
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.

O. Accurate "as built" plans and profiles of work completed under permit shall be furnished to VDOT upon request, unless waived by the district administrator's designee. For utility permits, the owner shall maintain "as built" plans, profiles, and records for the life of the facility that describe the utility usage, size, configuration, material, location, height or depth, and special features, such as encasement.

P. All work shall be performed in accordance with the Underground Utility Damage Prevention Act (Chapter 10.3 (§ 56-265.14 et seq.) of Title 56 of the Code of Virginia) and the Rules for Enforcement of the Underground Utility Damage Prevention Act (20VAC5-309). For work within 1,000 feet of traffic signals or adjacent to other VDOT utilities, the permittee shall contact the VDOT Customer Service Center. The permittee shall notify VDOT on the business day preceding 48 hours before excavation.

Q. Permission, documented in writing or electronic communication, must be obtained from the district administrator's designee prior to blocking or detouring traffic. Additionally, the permittee shall:

Plan construction and maintenance operations with regard to safety and minimum traffic interference.
Coordinate notification with all county or municipal officials.
Ensure that permitted work does not interfere with traffic during periods of peak flow on heavily traveled highways.
Plan work so that closure of intersecting streets, road approaches, and other access points is held to a minimum and as noted and approved in the permit documents.
Maintain safe access to all entrances and normal shoulder slope of the roadway across the entire width of the entrance.

R. The permittee shall be responsible for any settlement in the backfill or pavement after the completion of work activities under the permit or for any settlement caused by the installed facility.

S. The permittee shall immediately notify the district administrator's designee of involvement in any personal or vehicular accident at the work site.

T. Stormwater management facilities or wetland mitigation sites shall not be located within VDOT rights-of-way unless the Commonwealth Transportation Board has agreed to participate in the use of a regional facility authorized by the local government. Stormwater management facilities or wetlands mitigation sites shall be designed and constructed to minimize impact within VDOT right-of-way. VDOT's share of participation in a regional facility will be the use of the right-of-way where the stormwater management facility or wetland mitigation site is located.

U. The permittee shall notify, by telephone, voicemail message, or email the VDOT office where the permit was obtained prior to commencement of the permitted activity or any nonemergency excavation within the right-of-way.

V. Upon completion of the work under permit, the permittee shall provide notification, documented in writing or electronic communication, to the district administrator's designee requesting final inspection. This request shall include the permit number and name of the party to whom the permit was issued. The district administrator's designee shall schedule an inspection of the work covered under the permit and advise the permittee of any necessary corrections. The permittee may not rely upon any act, statement, or failure to act on the part of VDOT with respect to inspection. The failure of VDOT to fully or properly inspect any work shall not excuse in any way the permittee from any of the permittee's duties or obligations under the permit, law, or regulation.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-50 Objects in the right-of-way

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.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 31, Issue 7, eff. December 31, 2014; Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-60 Authority of district administrator's designee

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.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-70 Plan review and permit inspection

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.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-80 Permit time limits and cancellations

A. The permittee shall provide an estimate of the number of days needed to accomplish the work or use under permit. The district administrator's designee shall determine the actual time limit of all work or uses being accomplished under permit. Weather conditions and seasonal operations, such as seeding and paving, will be considered when determining a realistic time limit for work to be completed.

B. If it is anticipated that the work or use covered by a single use 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 prior to the expiration of the permit. 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 business days prior to the 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 canceled if no work has started within 30 days of issuance or such additional time as authorized by the district administrator's designee.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-90 Hours and days work authorized; holiday schedule

A. Normal hours for work under the authority of a permit 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.

B. Nonemergency work will not be allowed on arterial and collector highway classifications from noon on the preceding weekday through all state observed holidays.

C. If the observed holiday falls on a Monday, the nonemergency work will not be allowed 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 permits other than districtwide permits. The central office permit manager may establish alternate time restrictions in normal working hours and days for districtwide permits.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-100 Appeal

The district administrator is authorized to consider and rule on unresolved differences of opinion between the applicant or permittee and the district administrator's designee that pertain to the interpretation and application of the requirements of this chapter as they relate to single use permits within nonlimited access highways.

To initiate an appeal with the district administrator, the applicant or permittee must provide the district administrator and the district administrator's designee with a written request for such action within 30 calendar days of receipt of written notification of denial or revocation and must set forth the grounds for the appeal. The written request shall describe any unresolved issue or issues. After reviewing all pertinent information, the district administrator will advise the applicant or permittee in writing within 60 calendar days upon receipt of the appeal regarding the decision of the appeal, with a copy to the district administrator's designee. The applicant or permittee may further appeal the district administrator's decision to the Commissioner of Highways. All correspondence requesting an appeal should include copies of all prior correspondence regarding the issue or issues with VDOT representatives.

The central office division administrator responsible for overseeing the statewide land use permit program is authorized to consider and rule on unresolved differences of opinion that pertain to the interpretation and application of the requirements of this chapter as they relate to districtwide permits. To initiate an appeal, the applicant or permittee must provide the division administrator with a written request for such action within 30 calendar days of receipt of written notification of denial or revocation and must set forth the grounds for the appeal. The written request shall describe any unresolved issue or issues. After reviewing all pertinent information, the division administrator will advise the applicant or permittee in writing within 60 calendar days upon receipt of the appeal regarding the decision of the appeal. The applicant or permittee may further appeal the division administrator's decision to the Commissioner of Highways. All correspondence requesting an appeal should include copies of all prior correspondence regarding the issue or issues with VDOT representatives.

Appeals involving permit requests within limited access rights-of-way and appeals of decisions of the district administrator and the division administrator shall be made to the Commissioner of Highways for resolution. To initiate an appeal, the applicant or permittee must provide the Commissioner of Highways with a written request for such action within 30 calendar days of receipt of written notification of denial or revocation and must set forth the grounds for the appeal. The written request shall describe any unresolved issue or issues. After reviewing all pertinent information, the Commissioner of Highways will advise the applicant or permittee in writing within 60 calendar days upon receipt of the appeal regarding the decision of the appeal.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011.

Part III Denial or Revocation of Permits

24VAC30-151-110 Denial; revocation; refusal to renew; violations

A. A permit may be revoked or suspended upon written finding that the permittee or the permittee's contractors or agents have violated or are in violation of any term of a permit or of any federal, state, or local requirement applicable to work or use under a permit, or that the work or use affects the safety, use, or maintenance of the right-of-way. Any permit may be revoked and the facility for which it was issued required to be removed or relocated at the direction of the Commissioner of Highways if the facility or use obstructs or otherwise interferes with a transportation project or the safety, improvement, maintenance, or operation of a right-of-way. Unless otherwise specifically provided for by a law shifting the costs to another person or entity, all costs to remove or relocate the facilities or uses or otherwise resulting from the permit revocation shall be incurred and paid by the permittee. 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. A permit that has been suspended shall be noted as such for the suspension period and no work or use shall be allowed under a suspended permit. Any misrepresentations, fraudulent actions, or repeated violations may result in a permanent denial of the right to work within or use the right-of-way.

B. In addition to all other available remedies, a districtwide permit may be revoked for a minimum of 30 calendar days if the permittee violates the terms of the permit or any other law or regulation related to the permit or the permittee's activities in the right-of-way. A permittee will be provided written notice of the violation prior to revocation. During the revocation period, the permittee must satisfy all requirements for and obtain single use permits from the district administrator's designee to undertake any activities within the right-of-way.

C. Permits may be denied to any applicant or joint applicant for a period not to exceed six months when the applicant or joint applicant or its contractors or agents have violated or are in violation of any term of a permit or of any federal, state, or local requirement applicable to work or use under a permit. Permits may also be denied to ensure the safety, use, or maintenance of the right-of-way. The Commissioner of Highways, the central office permit manager, district administrator, or district administrator's designee shall provide the applicant and joint applicant with a written explanation of the violations upon which a permit denial is based and the actions required to cure the denial. A violation of a water quality permit held by a person, firm, or corporation shall be a basis for denial of any future permit application by that person, firm, or corporation.

D. Violations of the terms of a permit or this chapter may also be subject to criminal prosecution as provided for by § 33.2-210 of the Code of Virginia.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; Volume 31, Issue 7, eff. December 31, 2014; Volume 42, Issue 5, eff. November 19, 2025.

Part IV Entrances

24VAC30-151-120 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 31, Issue 7, eff. December 31, 2014; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-130 Reserved

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-140 Reserved

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-150 Reserved

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-160 Reserved

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-170 Reserved

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-180 Reserved

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-190 Reserved

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-200 Reserved

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-210 Reserved

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

Part V Occupancy of Right-of-Way

24VAC30-151-220 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-230 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-240 Dams

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:

Any part of the fill for the roadway and the fill for the dam overlap;
The area between the two embankments is filled in so that the downstream face of the dam is obscured; or
A closed drainage facility from a dam extends under a roadway fill.

B. The permittee acknowledges that VDOT's liability is limited to the maintenance of the roadway and that VDOT has no responsibility or liability due to the presence of the dam, the maintenance of which shall remain the responsibility of the permittee.

C. All other roadway occupation of dams shall be in accordance with the Secondary Street Acceptance Requirements (24VAC30-92).

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-250 Railroad grade crossing or encroachments

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.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-260 Railroad crossing permit requests from railroad companies

A. VDOT may permit railway crossings.

B. In the event of future widening of the highway, the permittee shall lengthen the crossing surface, relocate signs and signals, and make other adjustments as may be necessary, at no expense to the Commonwealth.

C. Suitable surety shall be required when the construction work is to be performed by a contractor for the railroad.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-270 Railroad crossing permit requests by other companies

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:

In the event of future widening of the highway, the permittee shall lengthen the crossing surface, relocate signs and signals, and make other adjustments as may be necessary, at no expense to the Commonwealth.
The permittee shall furnish a suitable surety of such amounts as VDOT deems necessary and agree to continue the same in force so long as the crossing is in place.
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.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 31, Issue 7, eff. December 31, 2014; Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-280 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-290 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

Part VI Utilities

24VAC30-151-300 General provisions governing utilities

Utility installations on all rights-of-way shall comply with the following provisions:

Requests for accommodations of utility facilities within the right-of-way shall be submitted to and reviewed by the district administrator's designee.
Utility lines shall be located to minimize the need for later adjustments, to accommodate future highway improvements and transportation projects, and to allow servicing of the lines with minimum interference to traffic. VDOT retains the right to reject installations that do not address these factors. Utility facilities shall conform to the type of highway and specific conditions for the highway section involved. Utility facilities within the right-of-way and utility attachments to structures shall be of durable materials, designed for long service life, and be relatively free from the need for routine servicing and maintenance. All attachments to structures must be approved in advance by VDOT.
Any conflicts with existing utility or other facilities shall be resolved between the permittee and the owner of the other utility or facility.
No utility shall be attached to a structure unless the applicant or permittee can demonstrate that the installation and maintenance of the utility will not interfere with VDOT's ability to maintain the structure, will not impact the durability and operational characteristics of the structure, and, except for installation, will not require access to the facility from a limited access highway. The attachment method must be approved by VDOT (see 24VAC30-151-430).
The encasement of underground utility crossings shall be in accordance with 24VAC30-151-370.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-310 Utility installations within limited access highways

Utility installations on all limited access highways shall comply with the following additional provisions:

Requests for all utility installations within limited access right-of-way shall be reviewed and, if appropriate, be approved by the Chief Engineer prior to permit issuance.
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 where other alternative locations are not in the public interest or under resource sharing agreements, such installations may be permitted under strictly controlled conditions and only with approval of the Commissioner of Highways. The applicant must satisfy the following conditions, at a minimum:

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. No tree removal or severe tree trimming is required for the installation.

Overhead and underground utilities may only be installed within limited access right-of-way under a shared resource agreement subject to VDOT's need for the shared resource.
All authorized longitudinal utility installations within limited access right-of-way shall be located in a utility area established along the outer edge of the right-of-way. Special exceptions must be approved by the Chief Engineer.
Authorized overhead utility installations within limited access right-of-way shall maintain a minimum of 21 feet of vertical clearance.
Authorized underground utility installations within limited access right-of-way shall have a minimum of 36 inches of cover.
Service connections to adjacent properties shall not be permitted from authorized utility installations within limited access right-of-way.
Overhead crossings shall be located on a line that is perpendicular to the highway alignment.
A utility access control line will be established between the proposed utility installation, the through lanes, and ramps.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-320 Reserved

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-330 Overhead utility installations within nonlimited access highways

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 by a public or private utility company under a permit, except in scenic areas, as follows:

Overhead utilities may be installed within nonlimited access right-of-way under permit, including a districtwide permit as allowed under 24VAC30-151-30 B 1.
All overhead installations, excluding wireless support structure 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, provided the work shall not impede the traveled way. Additional poles, taller poles, or cross-arms require a separate permit.

C. Longitudinal installations of overhead lines within the right-of-way shall be limited to single-pole construction. Joint-use, single-pole construction will be encouraged at locations where more than one utility or type of facility is involved, especially where the right-of-way widths approach the minimum needed for safe operations or maintenance requirements, or where separate installations may require extensive removal or alteration of trees.

D. Consideration will not be given to poles placed on a highway right-of-way of less than 40 feet in width.

E. Highway crossings should be grouped at one location whenever practical, and as near as possible to right angles to the center of the road.

F. New overhead installations crossing existing or proposed nonlimited access highways shall provide a minimum of 18 feet of vertical clearance or at a minimum height as established by the standards and specifications set forth in the terms of the permit, whichever is greater. The overlashing of telecommunications lines onto existing lines or strand is not considered a new overhead installation.

G. Existing overhead utilities that are found to be in horizontal or vertical conflict with proposed traffic control devices or signage shall be adjusted, at the permittee's expense, to provide an unobstructed view for the traveling public and the appropriate clearance from traffic control devices or signage.

H. The vertical clearance for all new overhead installations parallel to an existing or proposed highway and within nonlimited access rights-of-way shall be in compliance with standards as specified in the terms of the permit. The overlashing of telecommunications lines onto existing lines or strand is not considered a new overhead installation.

I. When crossing a median, all poles or other overhead facilities shall be placed to maintain an adequate clear zone in each direction.

J. Longitudinal pole line installation will not be allowed in the median.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-340 Underground utility installations within nonlimited access highways

Underground longitudinal utilities may be installed under permit on all nonlimited access highways, except in scenic areas, as follows:

Underground utilities may be installed within nonlimited access right-of-way by a public or private utility company under a permit, including a districtwide permit as allowed under 24VAC30-151-30 B 1.
All underground utilities within rights-of-way will require a minimum of 36 inches of cover, except that underground cables that provide broadband, cable, or telecommunications services shall be at a minimum of 30 inches of cover, and except as authorized pursuant to 24VAC30-151-30 B 1. The district administrator's designee has the discretion to grant an exception to depth of cover requirements if the permittee encounters obstacles preventing the installation of main line facilities at the minimum depth of cover, as long as installation at the minimum depth of cover is resumed when the installation passes by the obstacle.
An underground utility shall not be attached to a structure unless the applicant or permittee can demonstrate that the installation and maintenance methods will not interfere with VDOT's ability to maintain the structure, will not impact the durability and operational characteristics of the structure, and will not require access from the roadway or interfere with roadway traffic. The attachment method must be approved by VDOT (see 24VAC30-151-430).
The proposed method for placing an underground facility requires approval from the district administrator's designee. All underground facilities shall be designed to support the load of the highway and any superimposed loads. All pipelines and encasements shall be installed in accordance with 24VAC30-151-360 and 24VAC30-151-370.
No underground utility shall be installed within the median area except under shared resource agreements or with approval from the Commissioner of Highways.
Underground utilities may be installed under sidewalk areas with approval from the district administrator's designee.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-350 Wireless support structures and site installations

In accordance with Chapter 15.1 (§ 56-484.26 et seq.) of Title 56 of the Code of Virginia, wireless support structures, communication pedestals, nodes, and amplifiers may be installed in the right-of-way pursuant to permit unless the district administrator's designee reasonably concludes that safety concerns at a specific location require placement of wireless support structures, communication pedestals, nodes, or amplifiers elsewhere. The placement of communication pedestals, nodes, or amplifiers between the edge of pavement or back of curb and the sidewalk shall not be permitted. All requirements and regulations applicable to permits that do not conflict with Chapter 15.1 of Title 56 of the Code of Virginia must be followed to obtain and maintain a permit for wireless support structures, communication pedestals, nodes, and amplifiers.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-360 Pipelines

The permittee shall maintain minimum cover for any underground facility as established by the VDOT standards and specifications set forth in the terms of the permit or as otherwise required by applicable law, whichever is greater. Where pavement exists, the permittee shall bore, push, or jack and maintain a minimum cover of 36 inches.

The vertical and horizontal clearance between a pipeline and a structure or other highway facility shall be sufficient to permit maintenance of the pipeline and facility. Longitudinal pipeline installations shall be kept out of the ditch line where practical. When locating the utilities outside of the pavement area is not practical, such as in high density developments as described in § 15.2-2223.1 of the Code of Virginia, utilities may be placed under the pavement. When utilities are proposed to be placed within the ditch line or under highway pavement, the permit applicant shall provide justification for such installations to the district administrator's designee as part of the permit application.

All water, gas, sewer, electrical, communications, and any pressurized pipelines carrying hazardous material shall conform to all applicable industry codes, including materials, design, and construction requirements. No asbestos cement conduit or pipe shall be used for any installation. The permittee may be required to certify in writing that this restriction has been observed, if requested by VDOT.

Pipelines four inches in diameter or larger and no longer in use shall be cleaned of debris and plugged at open ends with Class A3 concrete. The district administrator's designee may also require such pipes to be filled prior to being plugged.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-370 Encasement requirements

A. Encasement pipe shall be required where it is necessary to avoid trenched construction, to protect carrier pipe from external loads or shock, or to convey leaking fluids or gases away from the areas directly beneath the traveled way if the utility has less than minimal cover; is near footings of bridges, utilities or other highway structures; crosses unstable ground; or is near other locations where hazardous conditions may exist. Encasements crossing nonlimited access rights-of-way shall extend a suitable distance beyond the slope for side ditches and beyond the back of curb in curbed sections. The district administrator's designee may require encasement pipe even if an installation meets industry standards for nonencasement.

Casing pipe shall be sealed at the ends with approved material to prevent flowing water and debris from entering the annular space between the casing and the carrier. All necessary appurtenances such as vents and markers shall be included.

B. Uncased crossings of welded steel pipelines carrying transmittants that are flammable, corrosive, expansive, energized, or unstable, particularly if carried at high pressure, may be permitted subject to the following conditions:

The applicant provides supporting data documenting that its proposed installation meets or exceeds industry standards for unencased crossings,
The applicant provides supporting data documenting that the pipeline will support the anticipated load generated by highway traffic, and
All unencased pipeline crossings that fail must be relocated a minimum of 36 inches to either side of the failure. The failed line shall then be filled with grout and plugged at both ends.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-380 Appurtenances

A. When vents are required, they shall be located at the high end of casings less than 150 feet in length and generally at both ends of casings longer than 150 feet. Vent standpipes shall be on or beyond the right-of-way line to prevent interference with maintenance or pedestrian traffic.

B. A permit may be granted to install drains for any underground facility. The permittee shall ensure the achievement of positive drainage.

C. National uniform color codes for identification of utilities shall be used to place permanent markers.

D. Utility access points (e.g., manholes and handholes) shall be placed in the shoulders, utility strips, or other suitable locations. When no other alternative is available, consideration will be given to placement of manholes in the pavement surface. Every effort should be made to minimize utility access point installations at street intersections and in the normal wheel path of the travel lanes. Utility access points shall be designed and located in such a manner that shall cause the least interference to other utilities and future highway expansion.

E. Utility access point frames and covers, valve boxes, and other castings located within the paved roadway, shoulder, or sidewalk shall be constructed flush with the finished grade. Utility access point frames and covers, valve boxes, and other castings located within sidewalk areas shall be constructed in accordance with the Americans with Disabilities Act (42 USC § 12101 et seq.).

F. The permittee shall install shutoff valves, preferably automatic, in lines at or near the ends of structures and near unusual hazards, unless other sectionalizing devices within a reasonable distance can isolate hazardous segments.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-390 In-place and prior-rights permits

A. Prior to VDOT's acceptance of a secondary street into the VDOT system, the utility owner shall quitclaim all prior rights within the right-of-way to the Commonwealth in exchange for an in-place permit allowing the permittee's utility facilities to continue to occupy such street in the existing condition and location. The permittee shall be responsible for the utility facilities and resulting damages to persons and property that might result from the presence of the utility. Should VDOT later require the permittee to alter, change, adjust, or relocate the utility facilities subject to the in-place permit, the nonbetterment cost will be the responsibility of the Commonwealth and all other costs will be the responsibility of the permittee.

B. In cases where existing utilities are not in conflict with transportation improvements authorized under the auspices of a land use permit, but would be located beneath transportation facility features, a prior-rights permit may be issued that allows the existing utilities to remain in place.

C. Utilities without prior rights but located within the right-of-way of new subdivision streets shall obtain an in-place permit to occupy that portion of the right-of-way. Should VDOT later require the permittee to alter, change, adjust, or relocate any utility, the cost will be the responsibility of the permittee.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-400 Utility adjustments in conjunction with a VDOT project

Where facilities are directed to be relocated in conjunction with a transportation project, the permittee must obtain a new permit for any facilities relocated within or to right-of-way. Unless otherwise specifically provided by the Code of Virginia or this chapter, all relocation is to be done in a timely manner so as to not interfere with the project and at the permittee's sole expense, and relocation must be done in accordance with the VDOT policies and procedures included in the terms of the permit. Utilities may be placed within the right-of-way by permit, including adjustments and work performed in connection with utilities agreements. Utilities placed within the right-of-way shall conform to the requirements of this chapter.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-410 Utility installations in scenic areas

Any new utility installations within the right-of-way or on other lands that were acquired or improved with federal-aid or direct federal highway funds, and are located within or adjacent to areas of scenic enhancement and natural beauty are discouraged. Such areas include public parks and recreational lands, wildlife and waterfowl refuges, historic sites, scenic strips, overlooks and scenic byways.

Any new utility installation in the above-mentioned areas shall be accordance with 23 CFR 645.209h.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-420 Lighting facilities

A. A permit is required for any lighting that will be on or overhanging the right-of-way and that is designed to illuminate the pavement or adjacent pedestrian or bicycle facilities. Lighting facilities are not considered a utility.

B. Design of lighting systems or fixtures shall be in accordance with § 2.2-1111 of the Code of Virginia and the terms of the permit.

C. The applicant shall submit to the district administrator's designee scale drawings in electronic format depicting lighting pole locations, mounting heights, pole and base type (breakaway or nonbreakaway), photometric calculations, type, lumens of luminaries, and arm lengths. Lighting shall be installed in accordance with the terms of the permit.

D. VDOT reserves the right to require modification or removal of luminaries if they are determined to be providing excessive light trespass into adjacent properties.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-430 Attachments to bridge structures

A. Utilities may be located on highway grade separation structures across interstate or other controlled access highways, over crossroads, and across major streams or valleys only in extreme cases and with approval of the district structure and bridge engineer in accordance with VDOT specifications.

B. Lines carrying electricity shall be insulated, grounded, and installed in a conduit or pipe to manholes or poles at either end of the structure, as applicable.

C. If a utility is placed on a structure, the installation shall be located beneath the structure's floor between the girders or beams and at an elevation above the bottom flange of the beam. The utility shall not be attached to the outside of the exterior beam, parapets, or sidewalks.

D. Water and sewer attachments shall follow general controls previously listed for providing encasement and allied mechanical protection. In addition, shut-off valves shall be provided outside the limits of the structure.

E. Utilities attached to structures crossing waterways may require a water quality permit.

F. Natural gas and petroleum mains may not be attached to highway structures.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

Part VII Miscellaneous Provisions

24VAC30-151-440 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-450 Banners and decorations

A county, town, religious or civic organization, or other individual or entity shall obtain a single use permit to hang banners or erect holiday decorations, such as lights, across state highways. Banners and decorations shall not remain in place more than 30 calendar days and shall be a minimum of 21 feet above the center of the road. They shall not detract from, interfere with, or conflict with any existing highway signs or signals.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-460 Building movements

A single use permit shall be obtained for movements on right-of-way for all buildings over 16 feet wide. All requests for building movements require the approval of the district administrator's designee in the district where the move initiates after the applicant provides the required investigative report and route certification documents. All building movements shall be covered by a performance bond that is commensurate with the type of move requested.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-470 Bicycle and road races, parades, and marches

A single use permit shall be obtained for bicycle and road races, parades, and marches. Approval of such permit may be granted only under conditions that assure reasonable safety for all participants, spectators and other highway users, and will prevent unreasonable interference with traffic flow.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-480 Chutes, tipples, and other similar structures

A single use permit shall be obtained for chutes, tipples or other structures to transport coal, gravel, or other material across the right-of-way. The permit surety shall be sufficient to restore the appearance of the right-of-way and to remove the structure should it become dangerous or when it is no longer being used. Advertising signs or the names of owners shall not be placed on such structures located on the right-of-way.

The applicant shall obtain written approval from the local officials prior to permit application for such structures.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-490 Construction or reconstruction of roads, entrances, bridges, drainage structures, or other transportation facilities

A permit is required for construction or reconstruction of roads, private or commercial entrances, bridges, drainage structures, or other transportation facilities. Such activities may be permitted based upon evaluation, an engineering analysis provided by the applicant, and approval of the district administrator's designee. Approval by the relevant county board of supervisors may also be necessary.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-500 Crest stage gauges, water level recorders

Permits may be issued to any governmental agency to install hydrological study equipment within rights-of-way. Maintenance of these facilities is the responsibility of the permittee.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-510 Emergency vehicle access

A single use permit shall be obtained for the installation of signals along and over streets or highways at a fire station to facilitate the safe and expeditious entry of emergency vehicles. These signals include warning beacons, traffic signals to allow direct access to a roadway and modifications to existing signals. Maintenance of these facilities is the responsibility of the permittee.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-520 Filming

A single use permit shall be obtained for any filming activities within the right-of-way that may affect the safety, use, or operation of the highway. Additionally, a single use permit shall be obtained for any movie, television, or other commercial filming within the rights-of-way and shall be coordinated through the Film Office of the Virginia Tourism Corporation.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-530 School signs

A single use permit shall be obtained for the installation and maintenance of time actuated flashing school speed limit signs within highway rights-of-way, subject to approval of the district administrator's designee.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-540 Grading on right-of-way

Grading that does not adversely affect the maintenance, safety, and operations of vehicles on nonlimited access rights-of-way may be permitted. Permits shall not be granted for grading slopes and banks or otherwise changing their appearance within limited access rights-of-way, except in unusual circumstances where such work would improve the safety or operation of the highways.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-550 Roadside memorials

A. Roadside memorials shall not be placed on right-of-way without first obtaining a permit. A roadside memorial permit requires compliance with the following requirements as well as all other applicable permit regulations:

Applications for a memorial shall be submitted to the district administrator's designee. The district administrator's designee will review applications for compliance with applicable requirements and has the authority to issue or deny a permit or request amendment of the application.
If construction or major maintenance work is scheduled in the vicinity of the proposed memorial's location, the district administrator's designee may identify an acceptable location for the memorial beyond the limits of work, or the applicant may agree to postpone installation.
The applicant may request review of the district administrator's designee's decision regarding amendment or denial of an application by the district administrator.
Criteria used to review applications shall include the following factors:

a. Potential hazard of the proposed memorial to travelers, the bereaved, VDOT personnel, or others;

b. The effect on the proposed site's land use or aesthetics and installation or maintenance concerns; and

c. Circumstances surrounding the accident or incident.

Approval of a memorial does not give the applicant, family, or friends of the victim permission to park, stand, or loiter at the memorial site.

B. The following requirements and limitations apply to applications for roadside memorial permits:

Any human fatality that occurs on the state highway system is eligible for a memorial. Deaths of animals or pets are not eligible.
The applicant must provide a copy of the accident report or other form of information to the district administrator's designee so that the victim's name, date of fatality, and location of the accident can be verified. This information may be obtained by contacting the local or state police. The district administrator's designee may also require that the applicant supply a copy of the death certificate.
Only family members of the victim may apply for a memorial.
The applicant will confirm on the application that approval has been obtained from the immediate family of the victim and any adjacent property owners to locate the memorial in the designated location. If any member of the immediate family objects in writing to the memorial, the application will be denied or the memorial will be removed if it has already been installed.
If the adjacent property owner objects in writing, the memorial will be relocated and the applicant will be notified.
Memorials will remain in place for two years from the date of installation, at which time the permit shall expire. The Commissioner of Highways may, upon receipt of a written request, grant an extension of the permit. An extension may be granted for a period of one year, and requests for further extensions must be submitted for each subsequent year. The applicant or the family of the victim may request that the memorial be removed less than two years after installation.
The applicant shall be responsible for the fabrication of the memorial. VDOT will install, maintain, and remove the memorial, but the cost of these activities shall be paid by the applicant to VDOT.

C. Roadside memorial physical requirements.

The memorial shall be designed in accordance with Chapter 12 (§ 33.2-1200 et seq.) of Title 33.2 and § 46.2-831 of the Code of Virginia and the Rules and Regulations Controlling Outdoor Advertising and Directional and Other Signs and Notices (24VAC30-120) and Vegetation Control Regulations on State Rights-Of-Way ( 24VAC30-200). The use of symbols, photographs, drawings, logos, advertising, or similar forms of medium is prohibited on or near the memorial.
Only one memorial per fatality shall be allowed.
VDOT reserves the right to install a group memorial in lieu of individual memorials to commemorate a major incident where multiple deaths have occurred.
The memorial shall be located as close as possible to the crash site, but location of the memorial may vary depending on the site and safety conditions.

a. Memorials shall be installed outside of the mowing limits and ditch line and as close to the right-of-way line as reasonably possible.

b. Memorials shall be located in such a manner as to avoid distractions to motorists and safety hazards to the traveling public.

c. Memorials shall not be installed in the median of any highway, on a bridge, or within 500 feet of any bridge approach.

d. Memorials shall not be permitted in a construction or maintenance work zone. VDOT reserves the right to temporarily remove or relocate a memorial at any time for highway maintenance or construction operations or activities.

e. If the right-of-way is insufficient for a memorial to be installed at the crash site, the district administrator's designee may locate a more suitable location close to the incident vicinity to locate the memorial where sufficient right-of-way exists.

D. After the two-year term or any extension of the term approved in accordance with this section, the memorial shall be removed by VDOT personnel. The memorial nameplate will be returned to the applicant or the designated family member, if specified on the application. If the applicant does not wish to retain the nameplate, the nameplate will be reused, recycled, or disposed at VDOT's discretion.

History

Statutory Authority: §§ 33.2-210 and 33.2-216 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; Volume 31, Issue 7, eff. December 31, 2014; Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-560 Mailboxes and newspaper boxes

Mailboxes and newspaper boxes may be placed within VDOT right-of-way without a permit; however, placement shall not interfere with safety, maintenance, or use of the roadway. Lightweight newspaper boxes may be mounted on the side of the support structure. Breakaway structures will be acceptable as a mailbox post. Breakaway structures are defined as a single four-inch by four-inch square or four-inch diameter wooden post or a standard strength, metal pipe post with no greater than a two-inch diameter.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-570 Miscellaneous signs and devices

A. In cooperation with local, state, and federal organizations, certain public service signs may be placed within the right-of-way without a permit. The district administrator's designee shall determine the appropriate location for the following signs.

Forestry. Authorized representatives of the U.S. Forest Service and Virginia Department of Forestry may place forest fire warning signs within the right-of-way without a permit. A limited number of fire warning signs will be placed near forest reservations or wooded areas. The Department of Forestry may utilize other types of signs to more forcibly impress the public with the need for protecting forest areas. Sign placement shall be accomplished under an agreement, subject to the following conditions:

a. No highway sign should carry more than one message and no other signs shall appear on posts bearing highway signs;

b. No signs shall be erected that would restrict sight distance or are close to highway warning and directional signs;

c. Signs regarding forest fires should be placed by fire wardens; and

d. Signs shall be maintained by the Department of Forestry.

In all cases, the forest warden is to coordinate the desired location of these signs with the district administrator's designee prior to placement.

Garden week. These signs are erected and removed by employees of VDOT. The appropriate committee of the Garden Club of Virginia will designate the gardens and places that are to be officially opened during Garden Week and notify the district administrator's designee accordingly, who will ensure the appropriate placement of these signs.
Roadside acknowledgment. These signs acknowledge the name and logo of businesses, organizations, communities, or individuals participating in the landscape of a segment of the right-of-way in accordance with the Comprehensive Roadside Management Program (24VAC30-121). As the landscaping is accomplished under a land use permit, the signs are considered to be covered by that permit.
Bird sanctuary. Upon receipt of a request from a town or city, VDOT will fabricate and erect these signs, at the expense of the municipality, at the corporate limits of the town or city under the municipality name sign. In order for a municipality to be designated as a bird sanctuary, the municipality must pass a resolution to that effect. The municipality shall be responsible for maintenance of bird sanctuary signs.
Historical highway markers. Information regarding the historical highway marker program may be obtained from the Virginia Department of Historic Resources. Applications for historical highway markers shall be obtained from and submitted to the Virginia Department of Historic Resources.

B. The district administrator's designee may authorize the placement of the following miscellaneous signs within right-of-way under a single use permit:

Locality identification or "welcome to" signs. Requests for locality identification or "welcome to" signs to be located within nonlimited access right-of-way. These signs shall not be placed on limited access right-of-way. Locality identification or "welcome to" signs that interfere with roadway safety, traffic capacity, or maintenance shall not be permitted. A permit application requesting placement of a locality identification or "welcome to" sign within the right-of-way must be accompanied by a formal resolution from the local governing body or a letter from the chief executive officer of the local government. Such signs shall meet all VDOT breakaway requirements specified in the terms of the permit or be erected outside of the clear zone. No advertising shall be placed on these signs. The local governing body shall be responsible for maintenance of the locality's identification or "welcome to" signs in perpetuity.
VDOT may authorize any individual, group, local government, and other entities to place storm drain pollution prevention markers or stenciling on VDOT storm drain inlet structures accessible by pedestrian facilities. A local government, through coordination with the district administrator's designee, may apply for a countywide permit to enable this type of activity on behalf of clubs, citizens groups, and other entities. The permit application must include, at a minimum, a graphic sample of the proposed markers, structure locations and a comprehensive list of streets if a wide distribution of marker placement is anticipated. Stencil measurements shall not exceed 15 inches in length by 20 inches in width.
VDOT may authorize a local government to install "no loitering" signs within the right-of-way. The district administrator's designee shall determine the appropriate location for these signs.

C. The Commissioner of Highways or the commissioner's designee may authorize the placement of various automated traffic enforcement devices for the Commonwealth or its political subdivisions as may be allowed by law.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-580 Ornamental posts, walls, residential and commercial development identification signs, or other nontransportation-related elements

Ornamental posts, walls, residential and commercial development identification signs, or other nontransportation elements, such as pedestrian-oriented trash cans, or any combination of these that do not interfere with roadway safety, traffic capacity, or maintenance may be authorized under a single use permit. These nontransportation related elements shall not be placed on limited access rights-of-way. Permit applications requesting placement of ornamental posts, walls, residential and commercial development identification signs, other nontransportation related elements, or any combination of these within the right-of-way must be accompanied by documentation indicating the issuance of all required approvals and permissions from the local jurisdictional authority. Such ornamental posts, walls, residential and commercial development identification signs, and other nontransportation related elements shall meet all VDOT breakaway requirements specified in the terms of the permit or be erected outside of the clear zone. No advertising shall be placed on these nontransportation related elements permitted within the right-of-way. The permittee shall be responsible for maintenance of these nontransportation related elements in perpetuity.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-590 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 31, Issue 7, eff. December 31, 2014; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-600 Pedestrian and bicycle facilities

The installation of sidewalks, steps, curb ramps, shared use paths, pedestrian underpasses, and overpasses within right-of-way may be authorized under a single use permit. VDOT, at its discretion, shall maintain those facilities that are open for general public use, built in the right-of-way to VDOT standards, and accepted by VDOT for maintenance. The maintenance of sidewalks, steps, curb ramps, shared use paths, pedestrian underpasses, and overpasses not meeting these requirements shall be subject to permit requirements, and the permittee shall be responsible for maintenance of these facilities.

The installation of pedestrian or bicycle facilities within limited access right-of-way shall be considered a change in limited access control and requires approval of the Commonwealth Transportation Board prior to permit issuance (see Change of Limited Access Control, 24VAC30-401). The installation of pedestrian or bicycle facilities parallel to and within the right-of-way of nonlimited access highways crossing limited access highways by way of an existing bridge or underpass shall not be considered a change in limited access but shall require the approval of the Chief Engineer prior to issuance of a permit for such activity.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-610 Permits for certain overdimensional haulers and loaders

Permits for unladen, oversize and overweight, rubber-tired self-propelled haulers and loaders shall be issued in accordance with § 46.2-1149 of the Code of Virginia and shall be obtained from the district administrator's designee.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-620 Roadside management, landscaping

Placement and maintenance of plant materials by individuals or organizations may be allowed under a single use permit in accordance with VDOT specifications as set forth in the terms of the permit, § 33.2-265 of the Code of Virginia, and the Comprehensive Roadside Management Program (24VAC30-121). The permittee shall maintain any altered roadside area for the duration of the permit. All related permit applications shall be accompanied by a corresponding maintenance agreement. If permit conditions, including the maintenance agreement, are violated at any time, VDOT may revoke the permit and restore the roadside area to its original condition or otherwise establish turf in accordance with VDOT standards and specifications. The costs of reclamation and restoration activities shall be paid by the permittee. Tree pruning or removal may be allowed on right-of way for maintenance purposes for utility facilities or as part of a roadside beautification project sponsored by the local government or to daylight an outdoor advertising structure or business in accordance with Vegetation Control Regulations on State Rights-of-Way (24VAC30-200).

All pesticide applicators shall meet the applicable requirements established by the Department of Agricultural and Consumer Services in Regulations Governing Pesticide Product Registration, Handling, Storage, and Disposal under Authority of the Virginia Pesticide Control Act (2VAC5-670). Pesticide activities shall comply with all applicable federal and state regulations.

Permits for volunteer mowing or litter pickup shall be issued only under conditions that ensure reasonable safety for all participants and other highway users and that will not cause unreasonable interference with normal traffic flow. All volunteer mowing operations on highway segments with speed limits greater than 45 mph shall be performed only by licensed, bonded, and insured persons. A copy of the permit and all safety requirements included in the permit must be maintained at the mowing site. No lane closures will be allowed for mowing, and the mower operator and mowing equipment shall not encroach into the travel way while in operation. Participants of a one-time litter pickup shall be adults or shall be supervised by an adult. The ratio shall be one adult per no more than six children. No participants 10 years of age or younger will be allowed to participate. All participants must view an Adopt-a-Highway safety video prior to participating.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 31, Issue 7, eff. December 31, 2014; Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-630 Transit and school bus shelters

School bus shelters, public transit shelters, or share ride stations may be authorized under the auspices of a single use permit. Approval of the shelter or station design must be obtained from the Virginia Department of General Services prior to the issuance of a permit. Shelters shall be located in accordance with all clear zone requirements specified in the terms of the permit.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-640 Trash containers and recycling sites

The placement of trash receptacles on nonlimited access highways may be authorized under the auspices of a single use permit. Trash receptacles shall be located as close to the right-of-way line as possible. The site shall have a clearly defined entrance and exit. Appropriate screening and landscaping may be required.

The site shall be maintained in a neat condition and sprayed as needed to minimize flies, odors, etc. VDOT will remove improperly maintained receptacles from the right-of-way at the owner's expense.

The permittee shall secure written permission from the adjacent property owners prior to locating the receptacle within the state right-of-way.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-650 Test holes

Test holes may be excavated in the roadway or right-of-way for the purpose of geological surveys or studies, monitoring wells and for locating existing utilities within the right-of-way. A single use permit shall be obtained for test holes. All test holes shall be kept to the smallest size and number possible. A surety will be required to sufficiently restore the appearance of the right-of-way or to repair the pavement of the roadway. The permittee shall demonstrate to the satisfaction of the district administrator's designee that the location of the site will not compromise the safety, use or maintenance of the roadway.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-660 Special requests and other installations

Any special requests may be permitted upon review and approval by the Commissioner of Highways.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011.

24VAC30-151-670 Prohibited use of right-of-way

The following uses of the right-of-way are prohibited and no permit shall be issued for the following uses of the right-of-way:

Signs. Signs not otherwise allowed in this chapter or by law, including temporary signs, banners, inflatable and air-blown signs, and decorations, shall not be placed, located, or displayed on the right-of-way or overhang the right-of-way.
Vendors on right-of-way. Vendor activities and the operation of business within the rights-of-way, except that a permit may be issued for the following activities:

a. As may be allowed for waysides and rest areas under the Rules and Regulations for the Administration of Waysides and Rest Areas (24VAC30-50) and the Rules and Regulations for the Administration of Parking Lots and Environs (24VAC30-100).

b. Commercial vendors of newspapers and written materials may place or operate services within rights-of-way, provided services neither impede traffic nor impact the safety of the traveling public. Newspaper vending machine size, placement, and location shall be as directed by the district administrator's designee.

c. Localities may administer mobile food vending on nonlimited access highways, where the vending operations are regulated by local ordinances, operated consistent with such ordinances, and in accordance with the Commonwealth Transportation Board's regulations and policies.

d. Bike share or other micromobility system operators for placement of stations.

e. Electric vehicle charging stations as allowed by law.

Dwellings. No private dwellings, garages, or similar structures shall be placed or constructed within the right-of-way, except support buildings as may be allowed under 24VAC30-151-350 in connection with wireless communication facilities.

History

Statutory Authority: §§ 33.2-118 and 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 32, Issue 2, eff. October 21, 2015; Volume 34, Issue 25, eff. September 5, 2018; Volume 42, Issue 5, eff. November 19, 2025.

Part VIII Hazardous Materials

24VAC30-151-680 Hazardous materials, waste, or substances

In the event that the permittee, in pursuit of the activities allowed by the permit, encounters underground storage tanks, buried drums, petroleum-saturate soils, or other potentially hazardous materials, waste, or substances within the right-of-way, the permittee shall immediately cease all activities in the vicinity of such discovery and immediately notify the VDOT official who approved the land use permit. The permittee shall also immediately notify any local emergency response organizations, as appropriate. The permittee shall not attempt to remove any containers or wastes without VDOT concurrence. The district administrator's designee will take necessary actions to ensure that the materials/wastes/substances are managed in accordance with state and federal laws and regulations. The permittee shall not be allowed within the potentially contaminated area until the district administrator's designee obtains clearance from the district environmental section. The permittee shall abide by any conditional use restrictions developed by VDOT as a result of such discovery and, as necessary, to comply with state and federal laws and regulations. The permittee shall be solely responsible for properly managing any contaminated soil or groundwater, or both, that is not otherwise required under regulation to be remediated, but that must be removed in order to properly complete the proposed activities within the right-of-way.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-690 Permitted discharge to VDOT right-of-way

A. Permits to discharge to the right-of-way may be issued upon written approval of the local public health department or the Virginia Department of Environmental Quality, or both, and this written approval shall be made part of the permit application. Discharges made to the right-of-way pursuant to a Virginia Pollutant Discharge Elimination System (VPDES) Permit shall demonstrate prior to discharge that no feasible alternative discharge point exists. If discharge is made to the right-of-way, the permittee shall notify the district administrator's designee of any instances where the regulated discharge limits are exceeded and take immediate corrective action to ensure future excursions are prevented, and any damage to the right-of-way is remediated. Any discharges made pursuant to the Virginia Pollutant Discharge Elimination System (VPDES) General Permit for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests (9VAC25-120) shall be prohibited from containing any water exhibiting visible oil sheen.

B. Any damages to the right-of-way, regardless of authorization implied by any non-VDOT issued permit, shall be remedied or repaired immediately by the permittee.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

Part IX Fees and Surety

24VAC30-151-700 General provisions for fees, surety, and other compensation

Except as otherwise provided in this part, the applicant shall pay an application fee to cover the cost of permit processing, pay additive fees to offset the cost of plan review and inspection, and provide surety to guarantee the satisfactory performance of the work or use under permit. For locally administered VDOT projects, the permit fees are waived and in lieu of a surety, the locality may (i) provide a letter that commits to using the surety in place or (ii) have the contractor execute a dual obligation rider that adds VDOT as an obligee to the surety bond provided to the locality, with either of these options guaranteeing the work performed within state-maintained right-of-way under the terms of the land use permit for that purpose. A copy of the original surety and letter or rider shall be attached to the land use permit. Except as provided in 24VAC30-151-740, utilities within the right-of-way shall pay an annual accommodation fee as described in 24VAC30-151-730. In the event of extenuating circumstances, the Commissioner of Highways may waive all or a portion of any of the fees or surety.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-710 Fees

A. Single use permit. A nonrefundable application fee shall be charged to offset the cost of reviewing and processing the permit application and inspecting the project work, in accordance with the requirements in this subsection:

The application fee for a single permit is $100. Public rights-of-way use fees may be charged in lieu of permit fees in certain situations in accordance with law.
Additive costs shall be applied as indicated in this subdivision. The district administrator's designee will determine the total permit fees using the following schedule:

| Activity | Fee | | --- | --- | | Private Entrances | none | | Commercial Entrance | $150 for first entrance $50 for each additional entrance | | Street Connection | $150 for first connection $50 for each additional connection | | Temporary Logging Entrance | $10 for each entrance | | Temporary Construction Entrance | $10 for each entrance | | Turn Lane | $10 per 100 linear feet | | Crossover | $500 per crossover | | Traffic Signal | $1,000 per signal installation | | Reconstruction of Roadway | $10 per 100 linear feet | | Curb and Gutter | $10 per 100 linear feet | | Sidewalk | $10 per 100 linear feet | | Tree Trimming (for outdoor advertising) | in accordance with § 33.2-1221 of the Code of Virginia | | Tree Trimming (all other activities) | $10 per acre or 100 feet of frontage | | Landscaping | $10 per acre or 100 feet of frontage | | Storm Sewer | $10 per 100 linear feet | | Box Culvert or Bridge | $5 per linear foot of attachment | | Drop Inlet | $10 per inlet | | Paved Ditch | $10 per 100 linear feet | | Under Drain or Cross Drain | $10 per crossing | | Above-ground Structure (including poles, pedestals, fire hydrants, towers) | $10 per structure | | Pole Attachment | $10 per structure | | Span Guy | $10 per crossing | | Additive Guy and Anchor | $10 per guy and anchor | | Underground Utility - Parallel | $10 per 100 linear feet | | Overhead or Underground Crossing | $10 per crossing | | Excavation Charge (including Test Bores and Emergency Opening) | $10 per opening | | Two Month Commuter Lot Mobile Food Vending (available in Planning District 8 only) (weekdays and weekends) | $150 | | Single Weekend Commuter Lot Mobile Food Vending (available in Planning District 8 only) (per weekend) | $10 |

Permit term extensions for active permits shall incur a monetary charge of $50. Expired permits may be reinstated; however, fees for reinstatement of expired permits shall be $100. Notwithstanding 24VAC30-151-80, commuter lot mobile food vending permits may not be extended or reinstated.
If a permit is canceled prior to the beginning of the permitted activity, the application fee and the additive fee will be retained as compensation for costs incurred by VDOT during plan review.
The district administrator's designee, in accordance with 24VAC30-151-70, may establish an account to track plan review and inspection costs and may bill the permittee not more often than every 30 calendar days. If an account is established for these costs, the permittee shall be responsible for the nonrefundable application fee and the billed costs. When actual costs are billed, the district administrator's designee shall waive the additive fees in subdivision 2 of this subsection.

B. Districtwide permits. Districtwide permits, as defined in 24VAC30-151-30, are valid for a period of two years. The biennial fee for a districtwide permit for utilities and logging operations is $750 per district. The biennial fee for a districtwide permit for surveying is $200 per district. The central office permit manager may exercise discretion in combining requests for multijurisdictional districtwide permits and to authorize unlimited time extensions at the full cost of the permit fee for each two-year term.

C. No-fee permits. The following permits shall be issued at no cost to the applicant:

In-place permits as defined in 24VAC30-151-30 and 24VAC30-151-390.
Prior-rights permits as defined in 24VAC30-151-30 and 24VAC30-151-390.
As-built permits as defined in 24VAC30-151-30.
Crest stage gauges and water level recorders as defined in 24VAC30-151-500.
Filming as defined in 24VAC30-151-520.
Roadside memorials as defined in 24VAC30-151-550.
No loitering signs as defined in 24VAC30-151-570.
Litter pickup and volunteer mowing as defined in 24VAC30-151-620.

History

Statutory Authority: § 33.2-210 of the Code of Virginia
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 31, Issue 7, eff. December 31, 2014; Volume 34, Issue 25, eff. September 5, 2018; Volume 38, Issue 12, eff. March 4, 2022; Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-720 Surety

A. Performance surety. The applicant shall provide surety to guarantee the satisfactory performance of the work or use for which a permit is requested. Surety shall be based on the estimated cost of work to be performed within the right-of-way or as otherwise stated in this chapter. Surety may be in the form of a check, cash, irrevocable letter of credit from a financial or banking institution, performance bond, or any other VDOT-approved method. An applicant for a districtwide permit for utilities shall provide a continuous surety in the amount of $10,000 per county. An applicant for a districtwide permit for logging entrances shall provide a continuous surety in the amount of $10,000 per district. There is no surety requirement for districtwide permits for surveying. Under no circumstances shall VDOT or any agency of the Commonwealth be named the escrow agent. No funds deposited with VDOT as surety shall be subject to the payment of interest. The surety will be refunded or released upon completion of the work and inspection by VDOT in accordance with the law. VDOT shall be named as an obligee on the bond or a payee for a check, cash, or revocable letter of credit. If a permit is canceled prior to the beginning of work, the surety shall be refunded or released.

Should the permittee fail to complete the work to the satisfaction of the district administrator's designee, then all or whatever portion of the surety that is required to complete work covered by the permit or to restore the right-of-way to its original condition shall be retained by VDOT.

B. Structure bond. Permittees installing, operating, and maintaining facilities within the highway right-of-way shall secure and maintain a continuous bond. Governmental customers may use a resolution in lieu of a continuous bond. The continuous surety shall be in an amount sufficient to restore the right-of-way in the event of damage or failure. The surety shall remain in full force as long as the facility covered by the permit remains within the right-of-way. A private or commercial entrance does not require a continuous surety. Any other installation may require a continuous surety as determined by the district administrator's designee.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-730 Accommodation fees

The Commissioner of Highways or a designee shall determine the annual compensation for the use of the right-of-way by a utility, except as provided in 24VAC30-151-740. The rates shall be established on the value of the right-of-way being used to accommodate the utility facility. The rates for wireless facility installations shall be established on the following basis:

Small cell attachments to VDOT-owned towers and poles and placement of associated equipment shall be in accordance with § 56-484.31 of the Code of Virginia;
Wireless facility attachments and emplacements at VDOT-owned towers shall be negotiated in the same manner as resource sharing as set out in 24VAC30-151-740; and
A wireless support structure installed under a land use permit issued on or after July 1, 2018, shall have an annual use payment set in accordance with § 56-484.32 of the Code of Virginia.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; Volume 35, Issue 4, eff. November 14, 2018; Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-740 Exceptions and provisions to the payment of fees and compensation

A. Pursuant to §§ 56-462 and 56-468.1 of the Code of Virginia, a certificated provider of telecommunication service shall collect and remit to VDOT a Public Right-of-Way Use Fee as full compensation for the use of the right-of-way by those utilities.

B. Pursuant to §§ 15.2-2108.1:1 and 56-468.1 of the Code of Virginia, a cable television operator subject to the public right-of-way use fee shall not be charged an annual use payment for the use of the right-of-way.

C. Pursuant to § 56-468.1 of the Code of Virginia, certified providers of telecommunications service shall not be charged permit application and additive fees or an annual payment under a resource sharing agreement for the use of the right-of-way.

D. Municipal or authority owned sewer and water facilities and renewable energy generation transmission facilities shall not be charged an accommodation fee pursuant to 24VAC30-151-730 for the use of public right-of-way.

E. At the discretion of the Commissioner of Highways, under the provisions of resource sharing as described in 24VAC30-151-30, compensation for the use of the limited access right-of-way may be negotiated and agreed upon through any of the following methods:

The mutually agreeable exchange of goods, facilities, or services only;
Monetary compensation only; or
A combination of both.

The Commissioner of Highways will ensure that the goods or services provided in any mutually agreeable exchange are equal to the monetary compensation amount established for the use and occupancy of the right-of-way.

F. VDOT may enter into wireless support structure agreements to permit the construction of wireless support structures or a wireless facility's occupancy of the right-of-way, consistent with applicable law.

History

Statutory Authority: § 33.2-210 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-750 Reserved

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

Part X Reference Documents

24VAC30-151-760 (Repealed.)

History

Historical Notes: Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

Agency 35 Commission On The Virginia Alcohol Safety Action Program

Chapter 11 Public Participation Guidelines

Part I Purpose and Definitions

24VAC35-11-10 Purpose

The purpose of this chapter is to promote public involvement in the development, amendment or repeal of the regulations of the Commission on the Virginia Alcohol Safety Action Program. This chapter does not apply to regulations, guidelines, or other documents exempted or excluded from the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

History

Statutory Authority: §§ 2.2-4007.02 and 18.2-271.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

24VAC35-11-20 Definitions

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.

"Agency" means the Commission on the Virginia Alcohol Safety Action Program, which is the unit of state government empowered by the agency's basic law to make regulations or decide cases. Actions specified in this chapter may be fulfilled by state employees as delegated by the agency.

"Basic law" means provisions in the Code of Virginia that delineate the basic authority and responsibilities of an agency.

"Commonwealth Calendar" means the electronic calendar for official government meetings open to the public as required by § 2.2-3707 C of the Freedom of Information Act.

"Public hearing" means a scheduled time at which members or staff of the agency will meet for the purpose of receiving public comment on a regulatory action.

"Regulatory action" means the promulgation, amendment, or repeal of a regulation by the agency.

"Regulatory advisory panel" or "RAP" means a standing or ad hoc advisory panel of interested parties established by the agency for the purpose of assisting in regulatory actions.

"Virginia Register" means the Virginia Register of Regulations, the publication that provides official legal notice of new, amended and repealed regulations of state agencies, which is published under the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 18.2-271.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

Part II Notification of Interested Persons

24VAC35-11-30 Notification list

A. The agency shall maintain a list of persons who have requested to be notified of regulatory actions being pursued by the agency.

C. The agency may maintain additional lists for persons who have requested to be informed of specific regulatory issues, proposals, or actions.

E. When mail delivered by a postal carrier is returned as undeliverable on multiple occasions, that person may be deleted from the list.

History

Statutory Authority: §§ 2.2-4007.02 and 18.2-271.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

24VAC35-11-40 Information to be sent to persons on the notification list

A. To persons electing to receive electronic notification or notification through a postal carrier as described in 24VAC35-11-30, the agency shall send the following information:

A notice of intended regulatory action (NOIRA).
A notice of the comment period on a proposed, a reproposed, or a fast-track regulation and hyperlinks to, or instructions on how to obtain, a copy of the regulation and any supporting documents.
A notice soliciting comment on a final regulation when the regulatory process has been extended pursuant to § 2.2-4007.06 or 2.2-4013 C of the Code of Virginia.

B. The failure of any person to receive any notice or copies of any documents shall not affect the validity of any regulation or regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 18.2-271.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

Part III Public Participation Procedures

24VAC35-11-50 Public comment

To any requesting person, the agency shall provide copies of the statement of basis, purpose, substance, and issues; the economic impact analysis of the proposed or fast-track regulatory action; and the agency's response to public comments received.
The agency may begin crafting a regulatory action prior to or during any opportunities it provides to the public to submit comments.

B. The agency shall accept public comments in writing after the publication of a regulatory action in the Virginia Register as follows:

For a minimum of 30 calendar days following the publication of the notice of intended regulatory action (NOIRA).
For a minimum of 60 calendar days following the publication of a proposed regulation.
For a minimum of 30 calendar days following the publication of a reproposed regulation.
For a minimum of 30 calendar days following the publication of a final adopted regulation.
For a minimum of 30 calendar days following the publication of a fast-track regulation.
For a minimum of 21 calendar days following the publication of a notice of periodic review.
Not later than 21 calendar days following the publication of a petition for rulemaking.

C. The agency may determine if any of the comment periods listed in subsection B of this section shall be extended.

History

Statutory Authority: §§ 2.2-4007.02 and 18.2-271.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

24VAC35-11-60 Petition for rulemaking

A. As provided in § 2.2-4007 of the Code of Virginia, any person may petition the agency to consider a regulatory action.

B. A petition shall include but is not limited to the following information:

The petitioner's name and contact information;
The substance and purpose of the rulemaking that is requested, including reference to any applicable Virginia Administrative Code sections; and
Reference to the legal authority of the agency to take the action requested.

C. The agency shall receive, consider and respond to a petition pursuant to § 2.2-4007 and shall have the sole authority to dispose of the petition.

D. The petition shall be posted on the Town Hall and published in the Virginia Register.

E. Nothing in this chapter shall prohibit the agency from receiving information or from proceeding on its own motion for rulemaking.

History

Statutory Authority: §§ 2.2-4007.02 and 18.2-271.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

24VAC35-11-70 Appointment of regulatory advisory panel

B. Any person may request the appointment of a RAP and request to participate in its activities. The agency shall determine when a RAP shall be appointed and the composition of the RAP.

C. A RAP may be dissolved by the agency if:

The proposed text of the regulation is posted on the Town Hall, published in the Virginia Register, or such other time as the agency determines is appropriate; or
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act.

History

Statutory Authority: §§ 2.2-4007.02 and 18.2-271.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

24VAC35-11-80 Appointment of negotiated rulemaking panel

A. The agency may appoint a negotiated rulemaking panel (NRP) if a regulatory action is expected to be controversial.

B. An NRP that has been appointed by the agency may be dissolved by the agency when:

There is no longer controversy associated with the development of the regulation;
The agency determines that the regulatory action is either exempt or excluded from the requirements of the Administrative Process Act; or
The agency determines that resolution of a controversy is unlikely.

History

Statutory Authority: §§ 2.2-4007.02 and 18.2-271.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

24VAC35-11-90 Meetings

History

Statutory Authority: §§ 2.2-4007.02 and 18.2-271.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

24VAC35-11-100 Public hearings on regulations

A. The agency shall indicate in its notice of intended regulatory action whether it plans to hold a public hearing following the publication of the proposed stage of the regulatory action.

B. The agency may conduct one or more public hearings during the comment period following the publication of a proposed regulatory action.

C. An agency is required to hold a public hearing following the publication of the proposed regulatory action when:

The agency's basic law requires the agency to hold a public hearing;
The Governor directs the agency to hold a public hearing; or
The agency receives requests for a public hearing from at least 25 persons during the public comment period following the publication of the notice of intended regulatory action.

History

Statutory Authority: §§ 2.2-4007.02 and 18.2-271.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

24VAC35-11-110 Periodic review of regulations

A. The agency shall conduct a periodic review of its regulations consistent with:

An executive order issued by the Governor pursuant to § 2.2-4017 of the Administrative Process Act to receive comment on all existing regulations as to their effectiveness, efficiency, necessity, clarity, and cost of compliance; and
The requirements in § 2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility for small businesses.

B. A periodic review may be conducted separately or in conjunction with other regulatory actions.

C. Notice of a periodic review shall be posted on the Town Hall and published in the Virginia Register.

History

Statutory Authority: §§ 2.2-4007.02 and 18.2-271.2 of the Code of Virginia.
Historical Notes: Derived from Virginia Register Volume 25, Issue 5, eff. December 10, 2008.

Chapter 20 Policy and Procedure Manual [Repealed]

Part I General Provisions [Repealed]

24VAC35-20-10 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 1.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-20 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 1.2, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-30 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 1.3, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-40 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 1.4, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-50 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 1.5, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-60 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 1.6, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part II Organization and Administration [Repealed]

24VAC35-20-70 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 2.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part III Certification [Repealed]

24VAC35-20-80 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 3.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-90 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 3.2, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-100 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 3.3, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-110 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 3.4, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-120 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 3.5, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part IV Offender Tracking System [Repealed]

24VAC35-20-130 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 4.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part V Local Administrative Structure [Repealed]

24VAC35-20-140 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 5.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-150 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 5.2, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-160 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 5.3, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-170 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 5.4, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-180 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 5.5, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-190 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 5.6, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-200 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 5.7, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-210 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 5.8, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-220 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 5.9, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part VI ASAP (Alcohol Safety Action Program) Fiscal Policy [Repealed]

24VAC35-20-230 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 6.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-240 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 6.2, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-250 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 6.3, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-260 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 6.4, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-270 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 6.5, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-280 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 6.6, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-290 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 6.7, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-300 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 6.8, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-310 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 6.9, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part VII Communications [Repealed]

24VAC35-20-320 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 7.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-330 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 7.2, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part VIII Reviews of ASAPs (Alcohol Safety Action Programs) [Repealed]

24VAC35-20-340 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 8.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part IX Service Agreements [Repealed]

24VAC35-20-350 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 9.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part X Records Management [Repealed]

24VAC35-20-360 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 10.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-370 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 10.2, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part XI Transfer Procedures [Repealed]

24VAC35-20-380 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 11.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-390 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 11.2, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-400 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 11.3, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-410 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 11.4, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part XII Offender Services [Repealed]

24VAC35-20-420 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 12.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-430 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 12.2, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part XIII Public Information, Public Education and Prevention [Repealed]

24VAC35-20-440 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 13.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-450 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 13.2, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-460 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 13.3, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-470 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 13.4, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part XIV Evaluations [Repealed]

24VAC35-20-480 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 14.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-20-490 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 14.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part XV Privacy and Security [Repealed]

24VAC35-20-500 (Repealed.)

History

Historical Notes: Derived from VR647-01-02 § 15.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Chapter 30 Vasap Case Management Policy and Procedure Manual [Repealed]

Part I Case Management [Repealed]

24VAC35-30-10 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 1.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-30-20 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 1.2, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part II General Provisions [Repealed]

24VAC35-30-30 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 2.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-30-40 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 2.2, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-30-50 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 2.3, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-30-60 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 2.4, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-30-70 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 2.5, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-30-80 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 2.6, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-30-90 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 2.7, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-30-100 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 2.8, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-30-110 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 2.9, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-30-120 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 2.10, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-30-130 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 2.11, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-30-140 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 2.11, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-30-150 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 2.13, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-30-160 (Repealed.)

History

Historical Notes: Derived from VR647-01-03 § 2.14, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Chapter 40 Certification Requirements Manual [Repealed]

Part I General Provisions [Repealed]

24VAC35-40-10 (Repealed.)

History

Historical Notes: Derived from VR647-01-04 § 1.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

Part II Standards for Certification [Repealed]

24VAC35-40-20 (Repealed.)

History

Historical Notes: Derived from VR647-01-04 § 2.1, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-40-30 (Repealed.)

History

Historical Notes: Derived from VR647-01-04 § 2.2, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-40-40 (Repealed.)

History

Historical Notes: Derived from VR647-01-04 § 2.3, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-40-50 (Repealed.)

History

Historical Notes: Derived from VR647-01-04 § 2.4, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-40-60 (Repealed.)

History

Historical Notes: Derived from VR647-01-04 § 2.5, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.

24VAC35-40-70 (Repealed.)

History

Historical Notes: Derived from VR647-01-04 § 2.6, eff. September 13, 1989; amended, Virginia Register Volume 7, Issue 9, eff. February 28, 1991; repealed, Virginia Register Volume 38, Issue 22, eff. August 1, 2022.