Final Text
CHAPTER 151
LAND USE PERMIT [ MANUAL 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:
[ "AASHTO" means American Association of State Highway and Transportation Officials. ]
"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 [ mucked forced ] back
through the pipe. [ Direction Directional ] drilling,
coring, jacking, etc., are also considered boring.
"Carrier" means a pipe directly enclosing a
transmitted [ fluid ( ] liquid or gas
[ ) ].
"Casing" means a larger pipe enclosing a carrier.
[ "Class G utility" means any utility
facility that is owned and operated by a city, county, town, public utility
district, public utility authority, or a political subdivision of the
Commonwealth, which has the right to install lines within a specific area,
except where they are providing telecommunication services.
"Class P utility" means all owners and
operators of a utility facility, except those that are providing
telecommunication or cable television services, and not meeting the definition of
a Class G Utility, as defined in this section, to include all privately,
investor- and cooperatively owned entities.
"Class T utility" means all owners and
operators of a telecommunication or cable television facility that have been
authorized to provide telecommunication or cable television services.
"Central Office Permit Manager" means the VDOT employee assigned to provide management, oversight, and technical support for the state-wide land use permit program. ]
"Clear zone" means the unobstructed, relatively
flat area provided beyond the edge of the traveled way for the recovery of
errant vehicles. The width of the clear zone is determined by the type of
facility, traffic volume, speed, horizontal alignment and embankment and is
detailed in VDOT's Road Design Manual [ (revised January 2005) ]
(see 24VAC30-151-760 [ for document information ]).
"[ CFR ( ] Code of Federal
Regulations [ ) ]" [ or
"CFR" ] means the regulations promulgated by the
administrative and regulatory agencies of the federal government.
"Commercial entrance" means any entrance serving
[ all entities land uses ] other than two or
fewer individual private residences. (See "private entrance.")
"Commonwealth" means the Commonwealth of Virginia.
[ "Comprehensive agreement" means an
agreement between VDOT and utility companies allowing utility placements within
VDOT right-of-way.
"Commonwealth Transportation Commissioner" 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 [ more less ]
than 60 degrees to the roadway centerline.
[ "District administrator" means the VDOT employee assigned the overall supervision of the departmental operations in one of the Commonwealth's nine construction districts.
"District administrator's designee" means the VDOT employee assigned to supervise land use permit activities by the district administrator. In districts having centralized functions for the review and approval of site plans, this position may be either:
1. The district land development manager or
2. Any other position specifically designated to perform these functions. ]
"District roadside manager" means the VDOT employee assigned to provide management, oversight and technical support for district-wide 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.
[ "Functional area" means the area of the
physical highway feature, including a specific highway feature such as an
intersection, traffic circle, roundabout, railroad grade crossing, or
interchange, plus that portion of highway that comprises the decision and
maneuver distance and required vehicle storage length to serve that highway feature. ]
"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.
"Manhole" means an opening in an underground system that workers or others may enter for the purpose of making installations, inspections, repairs, connections and tests.
"Median" means the portion of a divided highway
[ separating the traveled ways for traffic in opposite directions
that separates opposing traffic flows ].
"Nonbetterment cost" means the cost to relocate an existing facility as is with no improvements.
"Permit" means a document that sets the
conditions under which VDOT allows [ others to use or change
VDOT its ] right-of-way [ to be used or changed ].
"Permittee" means the person or persons, firm, corporation or government entity that has been issued a land use 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, guys, 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.
"Power line" means a line for electric power or communication services.
"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 [ or an entrance that allows agricultural operations to obtain access to fields or an entrance to civil and communication infrastructure facilities that generate 10 or fewer trips per day such as cell towers, pump stations, and stormwater management basins ].
[ "Private subdivision road or street"
means a road or street that serves more than two individual properties or
residences, and is maintained by entities other than VDOT. ]
"Professional engineer" means a person who is qualified to practice engineering by reason of his 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 [ the movement
and reestablishment of to move or reestablish ] existing
facilities.
[ "Residency" means the local VDOT office
for the county in which the applicant will be performing the work.
"Residency administrator" means the VDOT
employee assigned to supervise departmental operations within a specified
geographical portion of the Commonwealth, consisting of one to four counties,
or his designee. In districts having centralized functions for the review and
approval of site plans, this position may be either:
1. The district land development manager for functions
related to plan approval;
2. The residency permit manager for functions related to
construction and inspection of permits; or
3. Any other position specifically designated to perform
these functions. ]
"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 public
rights-of-way in which the Commonwealth has a prescriptive easement for
maintenance and public travel. The property includes the [ traveled
travel ] way and associated boundary lines [ and, ]
parking and recreation areas [ and other permanent easements for
a specific purpose ].
"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, or other sources of supply and the premises of the individual customer.
"Site plan" means the engineered or surveyed drawings depicting proposed development of land.
"Storm sewer" means the system containing and
conveying roadway drainage. [ Storm sewer systems are not
utilities. ]
"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, but is not limited to, bridges, tunnels, drainage structures, retaining walls, sound walls, signs, traffic signals, etc.
"System of state highways" means all highways and roads under the ownership, control, or jurisdiction of VDOT, including but not limited to, the primary, secondary and interstate systems.
"Telecommunication service" means the offering of telecommunications for a fee directly to the public or to privately, investor- or cooperatively owned entities.
"Transportation project" means a public project in development or under construction to provide a new 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
[ in connection with the storage or conveyance of materials
by the utility ].
"Utility" means a privately, publicly or cooperatively owned line, facility, or system for producing, transmitting, or distributing telecommunications, cable television, electricity, gas, oil, petroleum products, water, steam, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system.
"VDOT" means the Virginia Department of
Transportation [ , or ] the Commonwealth
Transportation Commissioner [ , or a designee ].
"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 ground water 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.
Part II
Authority
24VAC30-151-20. Authority.
The General Rules and Regulations of the Commonwealth
Transportation Board ([ 24VAC30-20see 24VAC30-151-760 ])
are adopted pursuant to the authority of § 33.1-12 of the Code of Virginia, and in accordance with the Virginia Administrative Process Act ([ Chapter
40 (] § 2.2-4000 et seq.[ ) of Title 2.2 ] of
the Code of Virginia). These rules and regulations provide that no work of any
nature shall be performed on any real property under the ownership, control, or
jurisdiction of VDOT until written permission has been obtained from VDOT. Real
property includes, but is not limited to, the right-of-way of any highway in
the state highways system. Written permission is granted either by permit or a
state-authorized contract let by VDOT. By issuing a permit, VDOT is giving
permission only for whatever rights it has in the right-of-way; the permittee
is responsible for obtaining permission from others who may also have an
interest in the property. [ Agents Employees ]
of VDOT are authorized to issue permits as described in this chapter. This
chapter prescribes the specific requirements of such permits.
24VAC30-151-30. Permits and agreements.
[ One of the following types of documents shall be
used to authorize the use or occupancy of the right-of-way.
1. A. The following shall apply to all
authorized use or occupancy of the right of way:
1. A permit is required for any type of utility activity occurring within the right-of-way.
2. A permit is required to install any entrance onto a state highway.
3. A permit is required to perform surveying operations within the right-of-way.
4. A permit is required for any agricultural and commercial use and occupancy of the right-of-way.
5. A permit is required for any miscellaneous activity or use of the right-of-way except for mailboxes and newspaper boxes (see 24VAC30-151-560) and public service signs (see 24VAC30-151-570).
B. ] Single use permits. A single use permit
allows the permittee to perform [ all any ] approved
activities [ not covered by a districtwide permit held by the
permittee ] within limited access and nonlimited access
rights-of-way [ at a specific location ]. [ All
permits issued pursuant to this chapter are single use permits unless otherwise
noted. The following requirements apply to single use permits:
a. A permit is required for all types of utility
activities occurring within the rights-of-way. These activities include, but
are not limited to, changes in voltage or pressure of an existing facility,
maintenance activities affecting vehicle traffic, all crossings of the
right-of-way, and in all cases where utility installations are relocated or
modified within the existing right-of-way.
b. A permit is required for all entrances onto state
highways.
c. A permit is required for all agricultural and
commercial uses and occupancy of the right-of-way.
d. A permit is required for all miscellaneous activities
or uses as defined in Part VII of this chapter.
The district administrator's designee shall be responsible for the issuance of all single use permits, except that those requests 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 and may cover work up to two miles along the right-of-way (see 24VAC30-151-40). The land use permit issued for the original installation allows the permittee to repair or perform routine maintenance operations to existing facilities. A single use permit shall be required when the following actions are proposed, even if the activities being conducted are normally allowed under a districtwide permit:
1. 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 Virginia Work Area Protection Manual (see 24VAC30-151-760).
2. Performing work within limited access right-of-way.
3. Trimming or cutting any trees located within the right-of-way.
4. Applying any pesticide or landscaping within the right-of-way.
5. Construction of a permanent entrance to a state highway. ]
[ 2. Residencywide C. Districtwide ]
permits. [ The following requirements apply to residencywide
permits: a. ] A [ residencywide
districtwide ] permit allows the permittee to perform multiple
occurrences of certain activities [ within on ]
nonlimited access right-of-way without obtaining [ specific
permission a single use permit ] for each occurrence.
[ A residencywide permit shall be issued for one year. The residency
administrator may exercise discretion to require a single use permit for the
operations described in the 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).
The ] following [ is a ] list
of [ accepted acceptable ] activities
[ for residencywide under the jurisdiction of
districtwide ] permits:
[ (1) 1. ] Utilities.
[ Residencywide a. Districtwide ]
permits may be issued [ to allow granting ]
cities, towns, counties, public agencies, or utility companies the authority
to install and maintain service connections to their existing main line
facilities. Work under a [ residencywide districtwide ]
permit will allow the permittee to install a service connection across a
[ two-lane road nonlimited access primary or secondary
highway ] above or below ground, provided the installation can be
made from the side of the roadway without [ equipment stopping
or ] impeding travel [ lanes for more
than 15 minutes to pull or drop a service line across a highway ],
and [ where provided ] no part of the
roadway pavement, shoulders and ditch lines will be disturbed. [ It
does not allow the permittee to perform maintenance operations on existing
mainline facilities or to expand existing plants. The installation
of parallel utility service connections, not to exceed 500 feet in length,
shall be placed along the outer edge of the right-of-way with a minimum of 36
inches of cover. Telecommunications and cable television service connections
may be placed with a minimum of 18 inches of cover; however the permittee
assumes full responsibility for any and all damages caused by VDOT or VDOT
contractors resulting from 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 strand.
b. A separate single use permit will be required when the following activities associated with the installation and maintenance of utility service connections are proposed:
(1) Cutting highway pavement or shoulders, or both, to locate underground utilities.
(2) Working within the highway travel lane on a non-emergency basis.
(3) Constructing a permanent entrance.
(4) Installing electrical lines that exceed 34.5 KV.
(5) Installing telecommunication services that exceed 100 pair copper cable or the fiber optic cable diameter equivalent.
(6) Installing new pole, anchors, parallel lines, or casing pipe extensions to existing utilities where such installation necessitates disturbance to the pavement, shoulder or ditch line.
(7) Installing underground telephone, power, cable television, water, sewer, gas, etc. service connections or laterals where the roadway or ditch lines are to be disturbed.
c. The installation of parallel utility service connections, not to exceed 500 feet in length, shall be placed along the outer edge of the right-of-way with a minimum of 36 inches of cover. Telecommunications and cable television service connections may be placed with a minimum of 18 inches of cover; however the permittee assumes full responsibility for any and all damages caused by VDOT or VDOT contractors resulting from a service connection buried with less than 30 inches of cover within the right-of-way.
d. A districtwide permit allowing the installation and maintenance of utility service connections may be revoked for a minimum of 30 calendar days upon written finding that the permittee violated the terms of the permit or any of the requirements of this chapter, including but not limited to any, all, or a combination of the following:
(1) The permittee shall implement all necessary traffic control in accordance with the Virginia Work Area Protection Manual (see 24VAC30-151-760). When warranted, the appropriate Regional Traffic Engineer should be consulted to select or tailor the proper traffic control devices. Each flag-person must be certified by VDOT and carry a certification card when flagging traffic and have it readily available for inspection when requested by authorized personnel.
(2) The permittee shall not perform any activity under the jurisdiction of a districtwide permit that requires the issuance of a single use permit.
e. The permittee must obtain individual land use permits from the district administrator's designee to continue the installation and maintenance of utility service connections during this revocation period.
2. Temporary logging entrances.
a. Districtwide permits may be issued for the installation, maintenance, and removal of temporary entrances onto non-limited access primary and secondary highways for the purpose of harvesting timber.
b. A separate single use permit is required when the following activities associated with timber harvesting operations are proposed:
(1) Installing a permanent entrance.
(2) Making permanent upgrades to an existing entrance. Improvements to existing entrances that are not permanent upgrades will not require a separate single use permit.
(3) Cutting pavement.
(4) Grading within the right-of-way beyond the immediate area of the temporary entrance.
c. A logging entrance permit may be revoked for a minimum of 30 calendar days upon written finding that the permittee violated the terms of the permit or any of the requirements of this chapter, including but not limited to any, all, or a combination of the following:
(1) The permittee shall implement all necessary traffic control in accordance with the Virginia Work Area Protection Manual (see 24VAC30-151-760). When warranted, the appropriate district traffic engineer should be consulted to select or tailor the proper traffic control measures. Each flag-person must be certified by VDOT and carry a certification card and have it available for inspection upon request by authorized VDOT personnel.
(2) The permittee shall contact the appropriate district administrator's designee prior to installing a new logging entrance or initiating the use of an existing entrance for logging access.
(3) The permittee shall contact the appropriate district administrator's designee for final inspection upon completion of logging activities and closure of the temporary entrance.
(4) The permittee shall restore all disturbed right-of-way at the temporary entrance, including but not limited to ditches, shoulders, and pavement, to pre-activity condition subject to acceptance by the appropriate district administrator's designee.
(5) The permittee shall remove excessive mud and any debris that constitutes a hazardous condition from the highway pursuant to a request from the appropriate district administrator's designee. Non-compliance may also result in the issuance of a separate citation from the Virginia State Police or a local law enforcement authority.
(6) The permittee shall not perform any activity under the jurisdiction of a districtwide permit that requires the issuance of a single use permit.
d. The permittee must obtain single use permits from the appropriate district administrator's designee to continue accessing state maintained highways for the purpose of harvesting timber during this revocation period. ]
[ (2) 3. ] Surveying.
[ Residencywide a. Districtwide ]
permits may be issued for surveying operations [ where no
part of the roadway pavement, shoulders and ditch lines will be disturbed.
on nonlimited access primary and secondary highways subject to the following: ]
[ b. The permittee must apply for a separate single
use permit when the activities listed below occur, because they are not covered
under the authority of a residencywide permit:
(1) Stopping or impeding highway travel or if any
variance in implementing standardized traffic control plan is desired.
(2) Performing work within the "limited
access" right-of-way.
(3) Trimming or cutting of any trees located within the
right-of-way, applying any pesticide, or landscape activities.
(4) Cutting highway pavement or shoulders to locate
utilities.
(5) Working within a highway travel lane on a
nonemergency basis.
(6) Constructing a permanent entrance.
(7) Upgrading in excess of normal maintenance.
(8) Installing electrical lines that exceed 34.5 KV.
(9) Installing new poles, anchors, parallel lines or
pipe extension to existing utilities necessitating disturbance of the pavement,
shoulder, or ditch line.
(1) No trees are to be trimmed or cut without the district roadside manager's approval, which may be provided electronically or in written form.
(2) No pins, stakes, or other survey markers that may interfere with mowing operations or other maintenance activities are to be placed within the right-of-way.
(3) No vehicles shall be parked so as to create a traffic hazard. Parking on through lanes is strictly prohibited.
b. A separate single use permit is required when the following surveying activities are proposed:
(1) Entering onto limited access right-of-way. Consideration for the issuance of such permits will be granted only when the necessary data cannot be obtained from highway plans, monuments, triangulation, or any combination of these, and the applicant provides justification for entry onto the limited access right-of-way.
(2) Stopping or impeding highway travel in excess of 15 minutes or varying the implementation of standard traffic control, or any combination of these, as outlined in the Virginia Work Area Protection Manual (see 24VAC30-151-760).
(3) Trimming or cutting any trees located within the right-of-way.
(4) Cutting highway pavement or shoulders to locate underground utilities.
c. A districtwide permit for surveying activities may be revoked for a minimum of 30 calendar days upon written finding that the permittee violated the terms of the permit or any of the requirements of this chapter, including but not limited to any, all, or a combination of the following:
(1) The permittee shall implement all necessary traffic control in accordance with the Virginia Work Area Protection Manual (see 24VAC30-151-760). When warranted, the appropriate Regional Traffic Engineer should be consulted to select or tailor the proper traffic control devices. Each flag-person must be certified by VDOT and carry a certification card when flagging traffic and have it readily available for inspection when requested by authorized personnel.
(2) The permittee shall not perform any activity under the jurisdiction of a districtwide permit that requires the issuance of a single use permit.
d. The permittee must obtain single use permits from the district administrator's designee to continue surveying activities during this revocation period. ]
[ 3. D. ] In-place permits.
[ The following requirements apply to in-place permits: ]
In-place permits allow utilities to remain within the right-of-way of newly
constructed [ subdivision secondary ] streets.
These utilities shall be installed according to VDOT approved street plans and
[ in-place shall be in place ] prior to VDOT street acceptance. [ No fee is required for these permits.
E. Prior-rights permits. Prior rights permits allow existing utilities to remain in place that are not in conflict with transportation improvements authorized under the auspices of a land use permit.
F. As-built permits. Agreements for the relocation of utilities found to be in conflict with a transportation project may stipulate that an as-built permit will be issued upon completion of the project. ]
[ 4. Other requirements G. Agreements ].
In addition to obtaining a single use permit, [ some utilities
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, [ barter the
mutually agreeable exchange ] of [ goods or ] services,
or both.
[ a. 1. ] Permit agreement.
[ (1). ] A permit agreement is required for:
[ (a) a. ] Any new
longitudinal occupancy of the limited access right-of-way [ where
none have existed before ], as allowed for in 24VAC30-151-300 and
[ 24VAC30-151-320 24VAC30-151-310 ].
[ (b) b. ] Any new
communication tower or small site facilities installed within the right-of-way,
as allowed for in [ 24VAC30-151-320 or ] 24VAC30-151-350.
[ c. Any perpendicular crossing of limited access right-of-way, as allowed for in 24VAC30-151-310. ]
[ (2) ] All [ permit ]
agreements [ and attachments ] shall specify
the terms and conditions required in conjunction with work performed within the
right-of-way. If appropriate, all agreements shall provide for the payment of
monetary compensation as may be deemed proper by the Commonwealth
Transportation Commissioner [ or a designee ] for
the privilege of utilizing the right-of-way.
[ b. 2. ] Shared resource
agreement. A shared resource agreement allows the utility to occupy the limited
access right-of-way in exchange for the utility providing the needed VDOT
facility or services. VDOT and the utility will agree upon the appropriate
facilities or services to be provided and will establish the length of the term
that will be compensated through the infrastructure needs or monetary
compensation, or both. Any shared resource agreement shall also provide for
compensation as may be deemed proper by the Commonwealth Transportation
Commissioner [ or a designee ] in any renewal
term. The shared resource agreement shall specify the initial and renewal terms
of the lease.
24VAC30-151-40. General rules, regulations and requirements.
A. A land use permit is valid only on highways and
rights-of-way under VDOT's jurisdiction. This permit neither implies nor grants
otherwise. County and city permits must be secured for work on roads and
streets under their jurisdictions. A land use permit covers the actual
performance of work within highway rights-of-way and the subsequent
maintenance, adjustments or removal of the work as approved by the [ residency
administrator. The residency administrator shall issue all permits, except that
permits for tree trimming and tree removal may be issued by the district
roadside manager in consultation with the residency administrator central
office permit manager or the district administrator's designee. Permits for
communications facility towers may only be issued by the Commonwealth
Transportation Commissioner ]. The Commonwealth Transportation
Commissioner [ or a designee ] shall approve all
activities within limited access right-of-way prior to permit issuance. All
permits shall be issued to the owner of the facility within highway
rights-of-way or adjacent property owner in the case of entrance permits.
Permits may be issued jointly to the owner and his contractor as agent. The
applicant shall comply with all applicable federal, state, county and municipal
requirements.
B. [ Applicant shall apply for a land use permit
at the local VDOT residency responsible for the county where the work is to be
performed Application shall be made for a district-wide permit
through the central office permit manager and for single use permits from the
district administrator's designee responsible for the county where the work is
to be performed ]. The applicant shall submit site plans or
sketches for proposed installations within the right-of-way to VDOT for review,
with studies necessary for approval. VDOT may require electronic submission of
these documents. Where work is of a continuous nature along one route, or on
several routes within one [ residency jurisdiction ],
it may be consolidated into one permit application. The applicant shall also
submit any required certifications for staff performing or supervising the
work, and certification that applicable stormwater management requirements are
being met. The plans shall include the ultimate development and also any
applicable engineering design requirements. VDOT retains the authority to deny
[ an application for ] or revoke a land use permit to
ensure the safety, use, or maintenance of the highway right-of-way, or in cases
where a law has been violated relative to the permitted activity.
C. The proposed installation granted by this permit shall
be constructed exactly as shown on the permit or accompanying sketch. Distances
from edge of pavement, existing and proposed right-of-way line, depths below
existing and proposed grades, depths below ditch line or underground drainage
structures, or other features shall be shown. Any existing utilities
[ in relation to within close proximity of ] the
permittee's work shall be shown. Location of poles, guys, pedestals, relief
valves, vent pipes, etc. shall be shown. Height of wires or cables above the
crown of the roadway shall be shown. [ Method of construction
shall be indicated; i.e., plowing, trenching, boring, jacking, etc. ]
D. In the event of an emergency situation that requires
immediate action to protect persons or property, [ the residency
administrator may verbally authorize ] work [ may
proceed ] within the right-of-way [ without
authorization from the district administrator's designee ];
however, [ application for a permit must be initiated as soon as
the emergency is alleviated and within 48 hours of the permittee
must contact the VDOT Emergency Operations Center as soon as reasonably
possible but no later than 48 hours after ] the end of the
emergency situation.
E. The land use permit is not valid unless signed by the
[ residency administrator central office permit manager ]
or [ a district administrator's ] designee.
F. The permittee shall secure and carry sufficient
insurance to protect against liability for personal injury and property damage
that may arise from the work performed under the authority of a land use permit
and from the operation of the permitted activity. Insurance must be obtained
prior to start of permitted work and shall remain valid through the permit
completion date. The [ residency administrator
central office permit manager or the district administrator's designee ]
may require a valid certificate or letter of insurance from the issuing
insurance agent or agency prior to issuing the land use permit.
G. VDOT and the Commonwealth shall be absolved from all
responsibilities, damages and liabilities associated with granting the permit.
All facilities shall be placed and maintained in a manner to preclude the
possibility of damage [ to VDOT owned facilities or other facilities
placed ] within the highway right-of-way [ by permit ].
[ VDOT will not be responsible for damage to the facility placed
under permit as a result of future maintenance or construction activities
performed by VDOT. ]
H. A copy of the land use permit and approved site plans or
sketches shall be [ kept at the maintained at every ]
job site [ at all times ] and [ such
items made ] readily available for inspection when requested by
authorized personnel. Strict adherence to the permit is required at all times.
Any activity other than that described in the permit shall render the permit
null and void. Any changes to the permit shall be coordinated and approved by
the [ residency administrator district
administrator's designee ] prior to construction.
I. For permit work within the limits of a VDOT construction project, the permittee must obtain the contractor's consent in writing before the permit will be issued. The permittee shall [ coordinate and ] schedule all permitted work within the limits of a VDOT construction project to avoid conflicts with contracted work.
J. Disturbances within the right-of-way shall be kept to a
minimum during [ construction permitted ] activities.
Permit applications for proposed disturbances within the right-of-way that include
disturbance on property directly adjacent to the right-of-way, in which the
combined area of disturbance constitutes a land-disturbing activity as defined
in § 10.1-560 of the Code of Virginia and [ 4VAC50-60 (
the ] Virginia Stormwater Management Program [ (VSMP) ]
Permit Regulations [ ) ] (see
24VAC30-151-760), must be accompanied by documented approval of erosion and
sediment control plans and stormwater management plans, if applicable, from the
corresponding jurisdictional local or state government plan approving
authority.
K. Restoration shall be made in accordance with VDOT Road
[ & and ] Bridge Specifications
[ , ; ] VDOT Road and Bridge Standards
[ , ; ] Virginia Erosion and [ Sedimentation
Sediment ] Control Handbook, [ 3rd Edition, ]
a technical guide to [ 4VAC50-30 (Virginia the ]
Erosion and Sediment Control Regulations [ ) ; ]
and the Virginia Stormwater Management Handbook, 1st edition, Volumes 1 and
2 [ (effective 1999) ], a technical guide to
[ 4VAC50-60 ( the ] Virginia Stormwater
Management Program [ (VSMP) ] Permit Regulations
[ ) ] (see 24VAC30-151-760).
[ The Additionally, the ] permittee
shall:
1. Ensure compliance with [ 4VAC50-30
(Virginia the ] Erosion and Sediment Control Regulations
[ ) ] and [ 4VAC50-60 (
the ] Virginia Stormwater Management Program [ (VSMP) ]
Permit Regulations [ ) ] (see
24VAC30-151-760).
2. Ensure copies of approved erosion and sediment control
plans, stormwater management plans, if applicable, and all related non-VDOT
issued permits are available for review and [ kept on permitted
areas posted at every job site ] at all times.
3. Take all necessary precautions to ensure against
siltation of adjacent properties, streams, etc. in accordance with VDOT's
policies and standards and the Virginia Erosion and Sediment Control Handbook,
3rd edition, [ (effective 1992) ] and the
Virginia Stormwater Management Manual (see 24VAC30-151-760).
4. Keep dusty conditions to a minimum by using VDOT-approved methods.
5. Cut pavement only as approved by the [ residency
administrator district administrator's designee ].
Pavement cuts, restoration and compaction efforts, to include all materials,
shall be accomplished in accordance with VDOT Road [ &
and ] Bridge Specifications (see 24VAC30-151-760) [ and
Form LUP-OC (1-2006) ].
6. Ensure that an individual certified by VDOT in erosion and sediment control is present whenever any land-disturbing activity governed by the permit is performed. [ All land disturbance activities performed under a VDOT land use permit shall be in accordance with all local, state and federal regulations. The installation of underground facilities by a boring method shall only be deemed as a land-disturbing activity at the entrance and exit of the bore hole and not the entire length of the installation. ]
7. Stabilize all disturbed areas immediately upon the end of each day's work and reseed in accordance with VDOT Road and Bridge Specifications (see 24VAC30-151-760). Temporary erosion and sediment control measures shall be installed in areas not ready for permanent stabilization.
8. Ensure that no debris, mud, water, or other material is
allowed on the highways. [ Written permission
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.
L. Accurate "as built" plans and profiles of work
completed under permit shall be furnished to VDOT upon request, unless waived
by the [ residency administrator district
administrator's designee ]. For utility permits, the owner shall
maintain 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.
M. 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) ]
(see 24VAC30-151-760). For work within 1,000 feet of traffic signals or
adjacent to other VDOT utilities, the permittee shall contact the [ local
VDOT residency district administrator's designee ] prior
to excavation. [ VDOT shall receive notification The permittee
shall notify VDOT ] on the business day preceding 48 hours before
excavation.
N. [ Written permission
Permission, documented in writing or electronic communication, ] must
be obtained from the [ residency administrator
district administrator's designee ] prior to blocking or detouring
traffic. Additionally, the permittee shall:
1. Employ safety measures [ such as
including, but not limited to, ] certified flaggers, adequate
lights and signs.
2. Conduct all permitted activities in accordance with the
Manual on Uniform Traffic Control Devices for Streets and Highways ([ MUCTD
MUTCD ]) and [ related ] special provisions
(see [ 24VAC30-561 concerning adoption of this document
24VAC30-151-760 ]) and the typical traffic control figures from the
Virginia Work Area Protection Manual ([ filed as part of
24VAC30-310see 24VAC30-151-760 ]).
3. Plan construction and maintenance operations with regard to safety and minimum traffic interference.
4. Coordinate notification with all county or municipal officials.
5. Ensure that permitted work does not interfere with traffic during periods of peak flow on heavily traveled highways.
6. 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.
7. Maintain safe access to all entrances and normal shoulder slope of the roadway across the entire width of the entrance.
[ Failure to employ proper traffic control and
construction standards mandated by the permit shall be cause for the residency
administrator to remove the permittee from the right-of-way or revoke the
permit, or both. ]
O. All construction activities shall conform to Occupational Safety & Health Administration (OSHA) requirements.
P. The permittee shall be responsible for any settlement in
the backfill or pavement for a period of [ three two ]
years after the completion date of permit, and for the continuing
maintenance of the facilities placed within the highway right-of-way.
[ A one year restoration warranty period may be considered, provided
the permittee adheres to the following criteria:
1. The permittee retains the services of a professional engineer (or certified technician under the direction of the professional engineer) to observe the placement of all fill embankments, pavement, and storm sewer and utility trench backfill.
2. The professional engineer (or certified technician under the direction of the professional engineer) performs any required inspection and testing in accordance with all applicable sections of VDOT's Road and Bridge Specifications (see 24VAC30-151-760).
3. The professional engineer submits all testing reports for review and approval, and provides written certification that all restoration procedures have been completed in accordance with all applicable sections of VDOT's Road and Bridge Specifications (see 24VAC30-151-760) prior to completion of the work authorized by the permit. ]
Q. The permittee shall [ immediately ]
notify the [ nearest ] VDOT [ residency
official who approved the land use permit ] of involvement in any
personal or vehicular accident [ immediately at the
work site ].
R. 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.
S. The [ permittee shall notify, by telephone,
voice mail message, or email, the ] VDOT [ residency
or district ] office where the land use permit [ is
was ] obtained [ shall be notified 48 hours in
advance of the start of the permitted work prior to commencement of
the permitted activity or any nonemergency excavation within the right-of-way ].
T. Upon completion of the work under permit, the permittee
shall [ notify the residency administrator by letter giving
provide notification, documented in writing or electronic communication, to the
district administrator's designee requesting final inspection. This request
shall include ] the permit number, county [ name ],
route [ number ] and name of the party or parties to
whom the permit was issued. The [ residency administrator
district administrator's designee ] shall promptly [ inspect
schedule an inspection of ] the work covered under the permit and
advise the permittee of any [ needed necessary ]
corrections.
24VAC30-151-50. Violations of rules and regulations.
A. Objects placed on, above, or under the right-of-way in violation
of the general rules and regulations shall be removed within 10 calendar days
of VDOT notification. 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 § 33.1-373 of the Code of Virginia shall
govern the [ placement of advertising signs removal
of advertisements from ] within the right-of-way. [ The
provisions of § 33.1-375 of the Code of Virginia shall govern the removal of
other signs from within the right-of-way. ]
B. The permittee will be civilly liable to the Commonwealth
for expenses and damages incurred by VDOT as a result of violation of any of
the [ preceding ] rules and regulations
[ of this chapter ]. Violators shall be guilty of a
misdemeanor and, upon conviction, shall be punished as provided for in §
33.1-19 of the Code of Virginia.
[ C. Failure to implement proper traffic control and construction standards mandated by the permit shall be cause for the district administrator's designee to remove the permittee from the right-of-way or revoke the permit, or both.
D. See 24VAC30-151-30 for violations related to specific district-wide permit types. ]
24VAC30-151-60. Authority of [ residency
administrator district administrator's designee ].
A. The [ residency administrator
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 [ residency administrator district
administrator's designee ] may also suspend work within the
right-of-way for such periods as [ he may deem 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 [ residency
administrator district administrator's designee ] may
delegate this authority.
B. Should the permittee fail to comply immediately with any
order of the [ residency administrator district
administrator's designee ] made under the provisions of this
section, the [ residency administrator district
administrator's designee ] may cause unacceptable authorized work
to be removed and replaced and unauthorized work to be removed. The [ residency
administrator 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.
24VAC30-151-70. Plan review and permit inspection.
[ The residency administrator may assign a
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 [ a VDOT an ] inspector
does not relieve the permittee [ of from ] performing
the [ authorized ] work [ according to
in accordance with ] the provisions of the permit. [ The
permittee may be responsible for the cost of site plan, sketch reviews and any other
administrative functions, as well as all costs associated with an inspector and
any equipment used. ]
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 under permit. The [ residency
administrator district administrator's designee ] shall
determine the actual time limit of all work being accomplished under permit
[ which shall not normally be less than six months in duration ].
Weather conditions and seasonal operations such as seeding, paving, etc., will
be considered when determining a realistic time limit for work to be completed.
[ Work shall begin within 30 days of permit issuance; otherwise, the
permit may be cancelled. ]
B. [ Requests for extension of time and
reinstatement of permits shall be made in writing to the residency
administrator. If the request is made prior to the original expiration date an
extension of time may be granted on the permit. It shall be the
responsibility of the permittee to ensure that the permitted activity will be
completed within the time limit established with the original permit issuance.
If it is anticipated that the work covered by the permit cannot be completed
during the original permit term the permittee shall provide a request,
documented in writing or electronic communication, for an extension of time to
the district administrator's designee. The request shall provide reasonable
justification for granting the extension. A one time extension of time may be
granted if the request is received at least ten calendar days prior to the
original permit expiration date. Should the original time limit or the one time
permit extension expire, the permittee shall provide a written request for
reinstatement to the district administrator's designee. The request shall
provide reasonable justification for granting the reinstatement. At the time of
reinstatement, the district administrator's designee shall notify the permittee
that no additional extensions of the permit will be allowed and that the work
must be completed within the time limits indicated in the reinstatement notice.
Consideration will not be given to an extension request for a permit that has
been reinstated after an extension.
C. The permittee shall make every effort to ensure that
work begins within 30 calendar days of permit issuance. If the permitted work
cannot commence within 30 calendar days of permit issuance, the permittee shall
notify the district administrator's designee of the delay. ] Upon
request by the permittee, the permit may be cancelled if no work has started.
[ The original permit shall be returned to the issuing VDOT
residency. ]
24VAC30-151-90. Hours and days work authorized; holiday schedule.
Normal hours for work under the authority of a permit
[ single use or districtwide ] are [ between
the hours of from ] 9:00 a.m. [ and
to ] 3:30 p.m. [ Monday through Friday. The
residency administrator may authorize work on Saturday or Sunday for
all highways classified as arterial or collector. All highways classified as
local roads will have unrestricted work hours and days ].
[ No permitted work will Permitted
nonemergency work will not ] be allowed [ on arterial
and collector highway classifications ] from noon on the preceding
weekday through the following state observed holidays: New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
If the observed holiday falls on a Monday, the permit will
not be valid from noon on the preceding Friday through noon on Tuesday.
[ The residency administrator will establish additional time
restrictions or changes in working hours The district
administrator's designee may establish alternate time restrictions in normal
working hours for single use permits. The central office permit manager may
establish alternate time restrictions in normal working hours for districtwide
permits ].
24VAC30-151-100. Appeal.
[ A. ] The district administrator
is authorized to consider and rule on unresolved differences of opinion between
the [ applicant or ] permittee and the [ residency
administrator district administrator's designee ] that
pertain to the interpretation and application of the requirements of this
chapter [ . The resolution of any appeals that involve limited
access permits must have the concurrence of the Commonwealth Transportation
Commissioner or a designee 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 [ residency administrator
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 [ residency
administrator district administrator's designee ] . The
[ applicant or ] permittee may further appeal the district
administrator's decision to the Commonwealth Transportation Commissioner
[ or a designee ]. All correspondence requesting an
appeal should include copies of all prior correspondence regarding the issue or
issues with [ the county official and ] VDOT
representatives.
[ The permit applicant may appeal denial or
revocation of a permit in writing to the district administrator or a designee.
All appeals must be made within 10 working days of receipt of written
notification of denial or revocation, setting forth the grounds for the appeal.
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
Commonwealth Transportation Commissioner. All correspondence requesting an
appeal should include copies of all prior correspondence regarding the issue or
issues with VDOT representatives. ]
[ B. ] Appeals [ on
permits for any work 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 Commonwealth Transportation Commissioner [ or a
designee for resolution. To initiate an appeal, the applicant or permittee
must provide the Commonwealth Transportation Commissioner 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 Commonwealth Transportation Commissioner
will advise the applicant or permittee in writing within 60 calendar days upon
receipt of the appeal regarding the decision of the appeal ].
Part III
Denial or Revocation of Permits
24VAC30-151-110. Denial; revocation; refusal to renew.
A. A land use permit may be revoked upon written finding that the permittee violated the terms of the permit, which shall incorporate by reference these rules, as well as state and local laws and ordinances regulating activities within the right-of-way. Repeated violations may result in a permanent denial of the right to work within the right-of-way. A permit may also be revoked for misrepresentation of information on the application, fraud in obtaining a permit, alteration of a permit, unauthorized use of a permit, or violation of a water quality permit. Upon revocation, the permit shall be surrendered without consideration for refund of fees. Upon restoration of permit privileges a new land use permit shall be obtained prior to performing any work within the right-of-way.
B. Land use permits may be denied to any applicant or
company, or both, for a period not to exceed six months when the applicant or
company, or both, has been notified in writing by [ a VDOT
designee that violations existed under a previously issued permit
the Commonwealth Transportation Commissioner, the central office permit
manager, district administrator or district administrator's designee that
violations have occurred under the jurisdiction of a districtwide, or
previously issued single use permit ]. Any person, firm, or
corporation violating a water quality permit shall permanently be denied a land
use permit. Furthermore, these violators may be subject to criminal prosecution
as provided for by § 33.1-19 of the Code of Virginia.
Part IV
Entrances
24VAC30-151-120. [ Introduction to provisions
Provisions ] governing entrances.
VDOT's authority to regulate highway entrances is provided
in §§ 33.1-197 [ and, ] 33.1-198 [,
and 33.198.1 ] of the Code of Virginia and its authority to make
regulations concerning the use of highways generally is provided in § 33.1-12
(3) of the Code of Virginia. [ No entrance of any nature may be
constructed within the right-of-way until the location has been approved by
VDOT and a permit has been issued. The Commonwealth Transportation Board has
the authority to designate highways as limited access and to extinguish access
rights to those facilities as provided in § 33.1-58 of the Code of Virginia. No private or commercial entrances shall be permitted within limited access
rights-of-way except as may be provided for by the regulation titled Change of
Limited Access Control, 24VAC30-401 (see 24VAC30-760).
The design and construction of entrances shall comply
with the specifications in this part and any additional conditions,
restrictions, or modifications deemed necessary by the residency administrator
to preserve the safety, use and maintenance of the state highway system
Regulations regarding entrances are set forth in VDOT's regulations promulgated
pursuant to § 33.1-198.1 of the Code of Virginia (see 24VAC30-151-760) ].
24VAC30-151-130. [ General provisions
governing entrances Reserved ].
[ A. VDOT shall not be obligated to grant more than
one access point per parcel of record. If a parcel is served by more than one
road in the state highway system, the residency administrator shall determine
upon which road or roads the proposed access point or points are to be
constructed. VDOT will provide reasonably convenient access to the parcel; VDOT
is not obligated to provide the most convenient access, nor is VDOT obligated to
provide the permit applicant's preferred entrance location or entrance design.
B. When two or more properties are to be served by the
same entrance, the permittee shall ensure that there is a recorded agreement
between the parties specifying the use and future maintenance. A copy of this
recorded agreement shall be included in the entrance permit application
submitted to the residency administrator.
C. The residency administrator may alter any proposed
entrance location or design, whether private or commercial, to obtain the best
possible sight distance or entrance spacing.
D. No less than minimum sight distance shall be obtained
for any commercial entrance. Sight distances shall be measured in accordance
with VDOT practices, and sight distance requirements shall conform to VDOT
engineering standards as described in the Road Design Manual (see
24VAC30-151-760), except that the legal speed limit shall be used in lieu of
design speed. In cases where the operating speed of the segment of highway is
determined to be lower than the legal speed limit and, in the judgment of the
residency administrator, will not create hazards for either a driver at a
connection or on the highway, the operating speed may be used in lieu of the
legal speed limit. VDOT may require that the vertical or horizontal alignment
of the existing roadway be adjusted to accommodate certain design elements of a
proposed entrance including, but not limited to, median crossovers,
roundabouts, and traffic signals, where adjustment is deemed necessary. The
cost of any work performed to adjust the horizontal or vertical alignment of
the roadway to achieve required intersectional or stopping sight distance at a
proposed entrance shall be borne by the permittee.
E. Only the Commonwealth Transportation Commissioner or
a designee may waive the required sight distance, after a traffic engineering
investigation has been performed. If a sight distance waiver is requested, the
permittee shall furnish the residency administrator a traffic engineering
investigation report, prepared by a professional engineer. The methodology and
format of the report shall be determined by the residency administrator. ]
24VAC30-151-140. [ Private entrances
Reserved ].
[ A. The property owner shall identify the desired
location of the private entrance with the assistance of a VDOT representative.
The entrance should be placed at the location with the best possible sight
distance. Slope grading or tree removal, or both, may be required to provide
safe and convenient means of ingress and egress.
B. The property owner shall obtain a permit and, on
shoulder and ditch section roads, shall be responsible for installing the entrance,
unless the property owner requests VDOT to perform the stabilization of the
shoulder and installation of the entrance pipe. In such cases, VDOT may install
the private entrance pipe and will stabilize the shoulder in accordance with
VDOT policies and engineering standards at the property owner's expense. If
VDOT installs these portions of the entrance, a cost estimate for the
installation will be provided to the property owner; however, VDOT will bill
the property owner the actual cost of installation. The property owner shall be
responsible for all grading beyond the shoulder.
C. Grading and installation of an asphalt or concrete
driveway from the edge of the pavement to the right-of-way line shall be the
responsibility of the property owner.
D. VDOT will not install driveways, private entrances,
or pipes for property owned and being developed for sale by developers,
speculators or contractors.
E. Installation of an entrance on a curb and gutter
street shall be the responsibility of the property owner.
F. In all cases, positive drainage away from the roadway
must be achieved.
G. Maintenance of private entrances shall be by the
owner of the entrance, except that VDOT shall maintain:
1. On shoulder section roadways, that portion of the
entrance within the normal shoulder portion of the roadway.
2. On roadways with ditches, the drainage pipe at the
entrance.
3. On roadways with curb, gutter, and sidewalk belonging
to VDOT, that portion of the entrance that extends to the back of the sidewalk.
4. On roadways with curb, gutter, and sidewalk not
belonging to VDOT, only to the flow line of the gutter pan. ]
24VAC30-151-150. [ Commercial entrances
coordination with local governments Reserved ].
[ A. For all commercial entrances, the applicant
shall coordinate with appropriate local government agencies to identify
possible conflicts with local, state or federal regulation and plans, including
but not limited to local zoning regulations, land use plans, transportation
plans, access management plans, overlay districts and planned urban
developments.
B. If local governments have established site plan
approval processes for developments, VDOT may not process and approve the
permit prior to the local government's approval.
C. Some local governments charge a traffic impact fee
based on the size of a development or the projected traffic generated by the
proposed development. Such fees do not release the applicant from fees and
improvements required by VDOT. When a local government requires improvements to
the abutting state highway compatible with an ultimate transportation plan,
VDOT may require additional improvements to assure the safety and capacity of
the proposed entrances and to manage access points along the highway. ]
24VAC30-151-160. [ Tenure of commercial
entrances Reserved ].
[ A. The tenure of an entrance to any highway is
not infinite, nor is the entrance meant to be transferred from one owner to
another. Should the residency administrator determine that an entrance is
substandard or that safety, use, or maintenance of the entrance has changed
significantly enough to require correction, the necessary changes shall be made
by the owner or the entrance may be closed at the direction of the residency
administrator.
B. VDOT will maintain the entrance only within the
normal shoulder of the roadway or to the flow line of the gutter pan. The owner
shall maintain all other portions of the entrance, including entrance aprons
and curb and gutter, culvert and drainage structures.
C. Reconstruction, relocation or upgrading, or a
combination of these, may be required at owner's cost when a VDOT
representative determines after review that one of the following conditions
exists:
1. Safety. When the entrance has been found to be unsafe
for public use in its present condition because of physical degradation of the
entrance, increase in motor vehicle traffic, or some other condition.
2. Use. When traffic in and out of the entrance has
changed significantly to require modifications or reconstruction, or both. Such
changes may include, but are not limited to, changes in traffic volume or
characteristics of the traffic.
3. Maintenance. When the entrance becomes unserviceable
due to heavy equipment damage, reclamation by natural causes, or increased
traffic volumes generated by development, etc.
D. Commercial entrances may be reviewed by the residency
administrator periodically for substandard conditions as outlined in subsection
C of this section. Commercial entrances should also be reviewed by the
residency administrator when any of the following occur:
1. The property is being considered for sale.
2. The property is being considered for rezoning or other
local legislative action.
3. The property is subject to a site plan review.
4. There is a change in commercial use either by the
property owner or by a tenant.
5. Interparcel access becomes available.
These periodic reviews are necessary to provide both
patron and other highway users with a safe means of travel. ]
24VAC30-151-170. [ Access management /entrance
location Reserved ].
[ A. As entrance location and design are reviewed,
appropriate access management shall be utilized to ensure safety, integrity and
functionality of the transportation system is maintained. As part of any
commercial entrance permit review, the residency administrator will determine
what improvements are needed to preserve the functionality of the highway,
accommodate the proposed traffic and, if entrance design modifications are
needed, to protect the transportation corridor. If the location of the entrance
is within the limits of a local or VDOT approved access management plan, the
plan should guide the residency administrator in determining the appropriate
design and location of the entrance. Access management techniques include but
are not limited to:
1. Restricting entrance locations. To prevent undue
interference with free traffic movement and to preserve safety, entrances shall
not be permitted within the functional areas of intersections, traffic circles,
roundabouts, railroad grade crossings, interchanges or similar areas with
sensitive traffic operations, on highways classified as principal arterial or
minor arterial. The residency administrator may grant a waiver of this requirement
after receipt of a traffic engineering study prepared by a professional
engineer showing that highway operation and safety shall not be adversely
impacted by the proposed entrance. Entrances at the above listed locations on
highways classified as collector or local may be permitted at discretion of the
residency administrator.
2. Shared entrances with adjacent properties. To reduce
the number of access points to state highways, joint-use entrances are
recommended for adjacent parcels if an agreement can be reached by the property
owners. For a joint-use entrance to be approved by the residency administrator,
a copy of the property owners' recorded agreement shall be submitted with the
permit application.
3. Coordination of access points. The spacing of proposed
access point or points in relation to existing or approved entrances and the
use of the roadway shall be considered when determining the location of the
proposed entrance. Access points on principal arterial and minor arterial
highways shall not be permitted within the functional area of adjacent
entrances. The residency administrator may grant a waiver of this requirement
after receipt of a traffic engineering study prepared by a professional
engineer showing that highway operation and safety shall not be adversely
impacted by the proposed entrance.
4. Encouraging interparcel connectivity. When commercial
properties exist adjacent to the permittee's property, the permittee is
encouraged to construct designated vehicular connections between his property
and any or all of the adjacent commercial properties and to grant cross-access
easements to any or all of these adjacent commercial properties in such a
manner that affords access between the highway and these adjacent properties.
Development sites under the same ownership or consolidated for the purposes of
development and comprised of more than one building site shall provide
interparcel connectivity, unless the residency administrator deems such
connectivity unsafe or inappropriate.
5. Service or frontage roads. To limit connections to
some highways and facilitate interparcel connections, the permittee shall
construct service, frontage, or reverse frontage roads from the proposed
entrance to adjacent property line or lines if the proposed development will
cause traffic signal warrants to be met at the entrance and the entrance is on
a highway classified as principal arterial or minor arterial. The residency
administrator may grant a waiver of this requirement. The residency
administrator may require the construction of service, frontage, or reverse
frontage roads by the permittee on highways functionally classified as
collector or local, or in cases where development traffic is not expected to
cause traffic signal warrants to be met. At such time as a road serves three or
more separately owned parcels, is constructed to VDOT standards, is in good
condition, and if the board of supervisors of the county in which it is
constructed requests it, the service, frontage, or reverse frontage road may be
accepted into the appropriate system of state highways for maintenance.
Service, frontage, or reverse frontage roads that are not dedicated to public
use must be protected as easements. If a permit applicant cannot or does not
wish to comply with this requirement, the entrance shall be limited to right-in
right-out movements.
6. Traffic signal spacing. To promote the efficient
progression of traffic on highways, commercial entrances that are expected to
serve sufficient traffic volumes and movements to require signalization shall
not be permitted if the spacing between the entrance and at least one adjacent
signalized intersection is below VDOT signal spacing standards and guidelines.
If sufficient spacing between adjacent traffic signals is not available, the
entrance shall be limited to right-in right-out movements. The residency
administrator may grant a waiver of this requirement after receipt of a traffic
engineering study prepared by a professional engineer showing that highway
operation and safety shall not be adversely impacted by the proposed entrance
and its associated traffic signal.
7. Limiting entrance movement. to preserve the safety and
function of certain highways, the residency administrator may require an
entrance to be designed and constructed in such a manner as to physically
prohibit certain traffic movements.
B. At the request of the residency administrator, the
permit applicant shall furnish a traffic impact analysis that documents the
effect of the proposed entrance and its related traffic upon the operation of
the state highway system. The applicant or his agent shall obtain the
requirements for the traffic impact analysis from the residency administrator
prior to conducting the traffic impact analysis.
1. A professional engineer shall prepare the traffic
impact analysis.
2. If the traffic impact analysis indicates that the
proposed entrance will cause the state highway system to suffer an increase in
delay or a reduction in capacity beyond acceptable levels established in the
requirements of the traffic impact analysis, the applicant shall be required to
submit a plan to mitigate these impacts and to bear the costs of any mitigation
measures.
3. Any mitigation measures shall be approved by the
residency administrator prior to permit approval. Mitigation measures may
include but are not limited to:
a. The construction of additional lanes on the roadway;
b. Construction of auxiliary lanes or turning lanes;
c. Construction or removal of crossovers;
d. Installation, modification, or removal of traffic signals
and related equipment;
e. Provisions to limit the traffic generated by
development served by the proposed entrance;
f. Recommendations from adopted corridor studies or
design studies and other access management practices and principles not
otherwise mentioned herein; or
g. Dedication of additional right-of-way or easement, or
both, for future road improvements.
4. If an applicant is unwilling or unable to mitigate the
impacts identified in the traffic impact analysis, the residency administrator
may deny the permit. ]
24VAC30-151-180. [ Drive-in theaters
Reserved ].
[ A drive-in theater is a specialized commercial
entrance. In addition to the commercial entrance regulations set forth in this
part, the conditions set forth in § 33.1-12 (15) of the Code of Virginia shall
be satisfied in order to construct entrances to drive-in theaters. ]
24VAC30-151-190. [ Temporary entrances
(construction/logging entrances) Reserved ].
[ Construction of temporary construction or logging
entrances upon the state highway system shall be authorized by single use
permit only. The permittee must contact the appropriate residency administrator
for an on-site meeting to approve the location prior to installing an entrance
or utilizing an existing entrance. The residency administrator shall also be
contacted to arrange and conduct a final inspection prior to closing a
temporary construction or logging entrance. In the event that adequate sight
distance is not achieved, additional signage and flaggers shall be used to
ensure safe ingress and egress.
Entrances shall be designed and operated in such a
manner as to prevent mud and debris from being tracked from the site onto the
highway's paved surface. If debris is tracked onto the highway, it shall be
removed by the permittee immediately if it poses a threat to safety or, if it
does not pose a threat to safety, as directed by the residency administrator.
The permittee must restore, at the permittee's cost, all
disturbed highway rights-of-way, including, but not limited to, ditches,
shoulders, roadside and pavement to their original condition when removing the
entrance. All such restorations are subject to approval by the residency
administrator. ]
24VAC30-151-200. [ Access to public waters
Reserved ].
[ VDOT may grant the use of portions of the highway
right-of-way for access to public waters upon written request from the
Executive Director of the Virginia Department of Game and Inland Fisheries to
the Commonwealth Transportation Commissioner. ]
24VAC30-151-210. [ Entrance design
Reserved ].
[ A. All entrance design and construction shall
comply with standards in the Road Design Manual (see 24VAC30-151-760), Road and
Bridge Standards (see 24VAC30-151-760), Road and Bridge Specifications (see 24VAC30-151-760),
and other VDOT engineering and construction standards as may be appropriate.
Entrance design and construction shall comply with applicable guidelines and
requirements of the Americans with Disabilities Act of 1990 (42 USC § 12101 et
seq.).
B. In the event an entrance is proposed within the
limits of a future planned roadway project that will ultimately change a
highway, the permittee may be required to construct entrances compatible with
the roadway's ultimate design.
C. All entrance design and construction shall consider
pedestrian and bicycle users of the highway.
D. The residency administrator will determine the need
for curb and gutter, sidewalks, or other features at the proposed entrance.
Ordinances or entrance standards established by counties or cities that exceed
those of VDOT, supersede those of VDOT.
E. It is essential that entrance and site design allow
unimpeded movements of traffic entering or exiting the entrance. The permittee
shall demonstrate to the satisfaction of the residency administrator that
neither the entrance, nor the proposed traffic circulation patterns within the
parcel, will compromise the safety, use or maintenance of the highway.
F. Sites accessed by a proposed entrance shall be
designed so as to prevent on-site queues from impacting travel on the abutting
highway. At the request of the residency administrator, the permit applicant
shall furnish a report prepared by a professional engineer that documents the
impact of expected on-site queues upon the function of the abutting highway
during the peak hours of the site. The district administrator or designee may
waive this requirement in exceptional circumstances after a review of the queue
report. ]
Part V
Occupancy of Right-of-Way
24VAC30-151-220. Commercial use agreements.
A. Where wider rights-of-way are acquired by VDOT for the ultimate development of a highway at such time as adequate funds are available for the construction of the highway, including such preliminary features as tree planting, the correction of existing drainage conditions, etc., the Commonwealth Transportation Commissioner does not consider it advisable to lease, rent, or otherwise grant permission for the use of any of the land so acquired except in extreme or emergency cases, and then only for a limited period.
When the land adjoining the highway is used for commercial purposes and where the existing road is located on the opposite side of the right-of-way, thereby placing the business from 65 feet (in the case of 110 feet right-of-way) to 100 feet or more (in the case of 160 feet right-of-way) away from the main traveled road, the owner of the business may continue to locate his driveways and pumps, in the case of a filling station, within the state right-of-way, provided that the driveways and pumps are at least as far from the edge of the existing pavement as existing driveways and pumps in evidence on the road are from the nearest edge of the pavement to their similar structures. No additional driveways or pumps may be constructed within the right-of-way. In such cases, agreements for "commercial uses" may be entered into for use of portions of the right-of-way for temporary or limited periods under the following policies and conditions:
1. Until such time as the Commonwealth Transportation Commissioner deems it necessary to use right-of-way acquired for future construction on a project for road purposes, agreements may be made with adjoining property owners for the temporary use of sections thereof. The use of this land shall be limited to provisions as set forth in the agreement, which shall cover commercial pursuits consistent with similar operations common to the highway. These operations and special conditions may include gasoline pumps, but not gasoline tanks.
2. The area of right-of-way designated for use of the landowner must not be used for the storing of vehicles, except while the vehicles are being serviced at the gasoline pumps. The area must be kept in a clean and orderly condition at all times.
B. Agreements may be revoked for cause or as outlined
[ above in subdivision A 1 of this section ],
either in whole or for any portion of the prescribed area that may be required
for highway purposes, which may include one or more of the following:
1. The storage of road materials when other nearby suitable areas are not available;
2. The planting of trees and shrubs for permanent roadside effects;
3. The correction or improvement of drainage;
4. Development of wayside, parking or turnout areas; or
5. For other purposes as may be deemed necessary by the Commonwealth Transportation Commissioner.
C. Applications for agreements for commercial uses shall be
made to the [ residency administrator district
administrator's designee ]. Agreements must be accompanied by a
sketch showing the location of the roadway, shoulders, ditches and conditions
existing within the right-of-way, together with description and plat of the
area to be covered by it. The text of the application should describe the
specific use for the site.
D. Agreements shall be issued only to owners of property
adjoining the area to be used. Agreements may be made for terms not to exceed
one year, subject to the cancellation terms in [ 24VAC30-151-220
B subsection C of this section ]. VDOT shall not be
responsible in any way for the policing of areas subject to commercial
agreements. No structures are to be erected on areas subject to commercial
agreements without written approval of the Commonwealth Transportation Commissioner.
24VAC30-151-230. Agriculture use agreements.
A. In cases where wider rights-of-way are acquired by VDOT for the ultimate development of a highway at such time as adequate funds are available for the construction of the same, including such preliminary features as tree planting, the correction of existing drainage conditions, etc., the Commonwealth Transportation Commissioner does not consider it advisable to lease, rent, or otherwise grant permission for the use of any of the land so acquired except in extreme or emergency cases, and then only for a limited period.
When this land is being used for agricultural purposes, which would necessitate the owner preparing other areas for the same use, agreements for agricultural uses may be entered into for use of portions of the right-of-way for temporary or limited periods.
B. Agreements for agricultural uses may be made with adjoining property owners, until such time as the Commonwealth Transportation Commissioner deems it necessary to use right-of-way acquired for future construction on a project for road purposes. Agricultural use is not permitted on limited access highways. The use of this land will be limited to provisions as set forth in the agreement, which, in general, will cover agricultural pursuits the same as those carried out on adjoining lands and thereby made an integral part of the agreement. Operations and special conditions covering such operations may include one or more of the following:
1. Grazing of cattle and other livestock [
is ] permitted provided the area is securely enclosed by
appropriate fence to eliminate any possibility of animals getting outside of
the enclosure.
2. Forage crops such as hay, cereals, etc. [
are ] permitted provided that their growth will not interfere with
the safe and orderly movement of traffic on the highway, and that, after crops
are harvested, the land is cleared, graded and seeded with cover crop in such a
manner as to prevent erosion and present a neat and pleasing appearance.
3. Vegetable crops [ are ]
permitted provided that its growth will not interfere with the safe and
orderly movement of traffic on the highway, and that all plants will be removed
promptly after crops are harvested and the land cleared, graded and seeded with
cover crop in such a manner as to prevent erosion and present a neat and
pleasing appearance.
4. Fruit trees [ are ] permitted
to maintain existing fruit trees, provided that they are sprayed to control
insects and diseases; fertilized and the area is kept generally clear of weeds,
etc., but no guarantee of longevity may be expected.
5. Small fruits [ are ]
permitted, but no guarantee of longevity may be expected.
6. Other uses [ ] as may be
specifically approved.
C. Agricultural use agreements will be subject to
revocation for cause or as outlined [ above in
subsection B of this section ], either in whole or for any portion
of the prescribed area that may be required for highway purposes, which may
include one or more of the following:
1. Storage of road materials when other nearby suitable areas are not available;
2. The planting of trees and shrubs for permanent roadside effects;
3. The correction or improvement of drainage;
4. The development of wayside, parking or turnout areas; or
5. For other purposes as may be deemed necessary by the Commonwealth Transportation Commissioner.
D. Applications for agreements for agricultural uses shall
be made to the [ residency administrator district
administrator's designee ]. Agreements must be accompanied by a
sketch showing the location of the roadway, shoulders, ditches and conditions
existing within the right-of-way, together with a description and plat of the
area to be covered by it. The text of the application should describe in detail
the specific use for which the area is to be utilized.
Agreements shall be issued only to owners of property adjoining the area to be used. Agreements may be made for terms not to exceed one year, subject to the cancellation terms in subsection C of this section. VDOT shall not be held responsible in any way for the policing of areas subject to agricultural use agreements. No structures are to be erected on areas subject to agricultural use agreements without written approval of the Commonwealth Transportation Commissioner.
24VAC30-151-240. Dams.
A. VDOT may permit dams [ , including dams ]
for farm ponds [ , ] within the right-of-way
[ when all of the following provisions are satisfied. 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 [ occupy a
accommodate a farm pond ] dam if:
1. Any part of the fill for the roadway and the fill for the dam overlap; or
2. The area between the two embankments is filled in so that the downstream face of the dam is obscured; or
3. A closed drainage facility from a dam extends under a roadway fill.
B. Permittee responsibility. 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. Design review. A professional engineer shall
certify that the hydraulic and structural design of any dam, as described
above, is in accordance with current national and state engineering practice
and that all pertinent provisions of the Road Design Manual (see
24VAC30-151-760) have been considered. Prior to approval of the permit, the
hydraulic and structural design of a proposed dam shall be reviewed by VDOT and
meet its requirements.
D. Supplemental, alternative access. To be permitted, a
dam occupying a roadway must be supplemented by an appropriate alternative
roadway facility for public ingress or egress, having suitable provisions that
ensure perpetual maintenance.
E. Permits. All applicable federal and state permits
associated with dams shall be secured and filed with the county prior to VDOT's
approval of any permit for a dam. C. All other roadway occupation of
dams shall be in accordance with the Secondary Street Acceptance Requirements
(see 24VAC30-151-760). ]
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
[ residency administrator district administrator's
designee ].
24VAC30-151-260. Railroad crossing permit requests from railroad companies.
A. Operations by the railroad company shall conform to applicable statutes of the Code of Virginia in regard to construction and maintenance of the crossing surface, signing and other warning devices, blocking of crossing, etc.
B. In the event of future widening of the highway, the permittee shall lengthen the crossing surface, relocate signs and signals, etc., as may be necessary, at no expense to the Commonwealth.
C. Suitable construction bond shall be required when the construction work is to be performed by a contractor for the railroad.
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 § 33.1-211 of the Code of Virginia, applies directly for a permit to construct a tramway or railroad track across the right-of-way, a permit may be issued under the following conditions:
1. Operations by the permittee shall conform to applicable statutes of the Code of Virginia in regard to construction and maintenance of the crossing surface, signing and other warning devices, blocking of crossing, etc.
2. In the event of future widening of the highway, the permittee shall lengthen the crossing surface, relocate signs and signals, etc., as may be necessary, at no expense to the Commonwealth.
3. The permittee shall furnish a performance and indemnifying bond of such amounts as VDOT deems necessary and agree to continue the same in force so long as the crossing is in place.
4. [ Should the permittee in the future
decide to dispose of the crossing to another party, VDOT shall be notified
prior to such action, and proper arrangement shall then be made for the
transfer 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 ].
24VAC30-151-280. Springs and wells.
In the acquiring of right-of-way, it is often necessary for
VDOT to acquire lands where springs, wells and their facilities are located. It
is the policy of VDOT to acquire these springs, wells and their facilities
along with the land on which they are located. When so acquired, the landowner
having previous use of [ the ] these springs,
wells and their facilities may be granted a permit to use these springs, wells
and their facilities until the Commonwealth Transportation Commissioner [ or
a designee ] shall, by written notice, advise that the permit
is terminated. The issuing of the permit shall in no way obligate VDOT to
maintain the springs, wells or facilities.
24VAC30-151-290. Public telephones.
Public telephone booths may be allowed at rest areas and
other locations as provided in 23 CFR 752.5 and allowed at other locations when
[ a ] definite [ needed is shown by VDOT
need is documented ]. Telephone booths may be allowed when a
definite need exists to serve the traveling public, such as:
1. At wayside areas, if well removed from access to off right-of-way public telephone stations.
2. At other isolated areas sufficiently removed from
existing off right-of-way public telephone stations as to impair the safety and
convenience of traffic, [ providing provided that ]:
a. No private land is available or suitable for location of booth;
b. The location meets all safety requirements as to sight distance, access roads and parking; and
c. All costs incidental to providing turnout and parking area are borne by the telephone company.
Part VI
Utilities
24VAC30-151-300. General provisions governing utilities.
[ A. Utility installations on all
highway rights-of-way shall comply with the following provisions:
1. ] Overhead or underground utilities may be
installed across any right-of-way by a utility under a permit. Requests for
accommodations within the right-of-way shall be submitted to and reviewed by
the [ residency administrator district
administrator's designee ]. These regulations govern all
rights-of-way and apply to public and private utilities. These regulations also
govern the location, design, methods and financial responsibility for
installing, adjusting, accommodating and maintaining utilities.
[ B. 2. ] Utility lines shall
be located to minimize the need for later adjustments to accommodate future
highway improvements and to allow servicing of the lines with minimum
interference to highway traffic. Utility lines residing within the highway
right-of-way shall conform to the type of highway and specific conditions for
the highway section involved. Utility installations within the highway
right-of-way and attachments to highway structures shall be of durable
materials, designed for long service life and relatively free from the need for
routine servicing and maintenance. [ All temporary attachments to
highway structures must be approved by VDOT.
3. The permittee assumes full responsibility for any and all damages caused by improperly installed facilities within the right-of-way under permit (single use or districtwide); therefore, the permittee must make every effort to install its facilities properly so as to preclude the possibility of damage.
4. The permittee is responsible for the continuing maintenance of its facilities placed within the right-of-way under permit.
5. Any conflicts with existing utility facilities shall be resolved between the permittee and the existing utility owner.
6. Utilities shall not be attached to a bridge or other structure unless the utility owner can demonstrate that the installation and maintenance methods will not interfere with VDOT's ability to maintain the bridge or other structure, will not impact the durability and operational characteristics of the bridge or other structure, and except for installation, will not require access from a limited access highway. The attachment method must be approved by VDOT (see 24VAC30-151-430).
7. The encasement of underground utility crossings shall be in accordance with 24VAC30-151-370. ]
24VAC30-151-310. [ Limited access highways
above and underground Utility ] installations
[ within limited access highways ].
[ A. Aboveground installations. Utility
installations on all limited access highways shall comply with the following
provisions:
1. Requests for all utility installations within limited access right-of-way shall be reviewed and, if appropriate, be approved by the Commonwealth Transportation Commissioner prior to permit issuance.
2. ] New utilities [ shall
will ] not be [ permitted to be ] installed
[ parallel to the roadway longitudinally ] within
[ the controlled or ] limited access [ right-of-way
lines of any highway, ] except [ that ] in
special cases [ or under resource sharing agreements such
installations may be permitted under strictly controlled conditions and then
only ] with approval from the Commonwealth Transportation
Commissioner. [ The However, in each such case the
utility owner must show the following:
a. That the ] installation [ shall
will ] not adversely affect the safety, design, construction,
operation, maintenance [ and or ] stability
of the highway [ and may not be constructed or serviced by
direct access from the through traffic roadways or connecting ramps ].
[ The b. That the ] accommodation
[ shall will ] not interfere with or impair
the present use or future expansion of the highway. [ All
aboveground mounted installations shall be located adjacent to the right-of-way
line and in accordance with clear zone requirements.
c. That any alternative location would be contrary to the public interest. This determination would include an evaluation of the direct and indirect environmental and economic effects that would result from the disapproval of the use of such right-of-way for the accommodation of such utility.
d. In no case will parallel installations within limited access right-of-way be permitted which involve tree removal or severe tree trimming.
3. ] Overhead [ and underground ]
utilities may be installed [ on within ] limited
access [ highways as follows: right-of-way by a
utility company under an agreement that provides for a shared resource
arrangement subject to VDOT's need for the shared resource. ]
[ 1. The Commonwealth Transportation Commissioner or
a designee shall approve all permits for overhead utilities to be placed within
limited access right-of-way prior to issuance by the residency administrator,
except for perpendicular crossings if all work for the crossings takes place
outside the limited access right-of-way.
2. Longitudinal overhead utilities may be installed by a
Class G, Class P or Class T utility under an agreement that provides for a
shared resource arrangement or the payment of appropriate compensation, or
both, subject to VDOT's need for the shared resource. Perpendicular crossings
by overhead utilities may be installed by either a Class G, Class P, or Class T
utility under permit issued by the residency administrator.
3. The Commonwealth Transportation Commissioner may grant
exception for a nonshared resource arrangement, under strictly controlled
conditions. The utility owners must show 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. Where practicable, utilities shall be located in a utility area
established along the outer edge of the right-of-way. A utility access control
line will be established between the proposed utility installation and the through
roadway and ramps. Service connections to adjacent properties shall not be
permitted from the controlled access right-of-way.
4. Line crossings shall be located on a line that is
perpendicular to the highway alignment. Parallel installations shall be located
on a uniform alignment as near as practicable to the-right-of-way line to
provide a safe environment and space for future highway improvements and other
utility installations, subject to the following conditions:
a. Overhead installations shall be placed with at least
21 feet of vertical clearance.
b. Installation of new parallel pole lines will not be
allowed on new limited access highways or on limited access highways where
parallel pole lines do not exist.
B. Underground utilities may be installed on limited
access highways as follows:
1. For limited access right-of-way, new utilities shall
not be installed parallel to the roadway except in special cases or under
resource sharing agreements with approval from the Commonwealth Transportation
Commissioner. The installation shall not adversely affect the safety, design,
construction, operation, maintenance and stability of the highway and shall not
be constructed or serviced by direct access from the through traffic roadways
or connecting ramps. The accommodation shall not interfere with or impair the
present use, or future expansion of, the highway.
2. Perpendicular crossings of underground utilities may
be installed by either a Class G, Class P or Class T utility under permit
issued by the residency administrator, provided all work takes place outside
the limited access right-of-way
3. All underground utilities shall have a minimum of 36
inches of cover, unless conditions dictate otherwise.
4. Permits for all other underground installations within
limited access right-of-way shall be approved by the Commonwealth
Transportation Commissioner or a designee prior to issuance by the residency
administrator.
5. Longitudinal underground utilities may be installed by
a Class G, Class P or Class T utility under an agreement providing for a shared
resource arrangement or the payment of appropriate compensation, or both,
subject to VDOT's need for the shared resource and the availability of space
within the right-of-way.
6. The proposed method for placing an underground
facility requires approval from the residency administrator. All underground
facilities shall be designed to support the load of the highway and any
superimposed loads.
7. The Commonwealth Transportation Commissioner may grant
an exception for a nonshared resource arrangement, under strictly controlled
conditions. The utility owners must show 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. Where practicable, these utilities shall be located in a utility
area established along the outer edge of the right-of-way. A utility access
control line will be established between the proposed utility installation and
the through roadway and ramps. Service connections to adjacent properties shall
not be permitted from the controlled access right-of-way.
C. Encasements. Encasement pipe shall be utilized in
accordance with 24VAC30-151-370.
4. All authorized longitudinal utility installations within limited access right-of-way, excluding communication tower facilities, shall be located in a utility area established along the outer edge of the right-of-way. Special exceptions must be approved by the Commonwealth Transportation Commissioner.
5. Authorized overhead utility installations within limited access right-of-way shall maintain a minimum of 21 feet of vertical clearance.
6. Authorized underground utility installations within limited access right-of-way shall have a minimum of 36 inches of cover.
7. Service connections to adjacent properties shall not be permitted from authorized utility installations within limited access right-of-way.
8. Overhead crossings shall be located on a line that is perpendicular to the highway alignment.
9. A utility access control line will be established between the proposed utility installation, the through lanes, and ramps. ]
24VAC30-151-320. [ Limited access highways:
communication towers and site installations Reserved ].
[ Communication tower structures and other types of
surface mounted or underground utility facilities not associated with a longitudinal
installation may be installed by a Class G, Class P or Class T utility under an
agreement providing for a shared resource arrangement or the payment of
appropriate compensation, or both. The Commonwealth Transportation Commissioner
may grant an exception for a nonshared resource arrangement where the
conditions outlined in 24VAC30-151-310 B 7 are demonstrated. The design for
ground-mounted utility facilities shall be compatible with the visual quality
of the highway section involved. Any aboveground structures shall meet current
clear zone or applicable safety requirements. ]
24VAC30-151-330. [ Nonlimited
Overhead utility installations within nonlimited ] access highways
[ : aboveground ].
[ Line A. Overhead utility ] crossings
shall be located on a line that is perpendicular to the highway alignment.
[ Parallel Longitudinal ] installations shall
be located on a uniform alignment as near as [ practicable
possible ] to the right-of-way line to provide a safe environment
and space for future highway improvements and other utility installations.
[ 1. B. ] Overhead
longitudinal utilities may be installed on all nonlimited access highways,
except in scenic areas as follows:
[ a. 1. ] Overhead utilities
may be installed [ within nonlimited access right-of-way ]
by a [ Class G ] utility [ company ]
under permit [ , including a districtwide permit as allowed
under 24VAC30-151-30 C.1 ].
[ b. Either a Class P or a Class T utility may
install overhead utilities under an agreement providing for a shared resource
arrangement or the payment of appropriate compensation or both.
c The utility shall not be attached to a bridge or other
structure unless the utility owners can demonstrate that the installation and
maintenance methods will not require access from the roadway or interfere with
roadway traffic.
d. 2. ] All [ aboveground
mounted overhead ] installations [ ,
excluding communication tower facilities, ] shall be located
adjacent to the right-of-way line and in accordance with clear zone requirements.
Repairs and replacement of similar installations may be performed in existing
locations under the existing permit providing the work shall not impede the
traveled way. Additional poles, taller poles, or cross-arms require a separate
permit.
[ 2. C. ] [ Parallel
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. Longitudinal pole line installation shall be located on the outer 15 feet of the right-of-way greater than 40 feet in width ].
[ 3. E. ] Highway crossings
should be grouped at one location whenever practical, and as [ nearly
near ] as possible to right angles to the center of the road.
[ 4. F. ] [ Overhead
New overhead ] installations [ crossing existing or
proposed nonlimited access highways ] shall [ be
placed with at least 21 feet provide a minimum of 18 feet ]
of vertical clearance [ or at a minimum height as established by
the National Electric Safety Code, whichever is greater ].
[ The residency administrator may approve vertical clearance less
than 21 feet; however, no crossing shall be permitted with less than 18 feet of
vertical clearance. 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, or both, with proposed traffic control devices or signage, or both, shall be adjusted, at no cost to VDOT, 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 non-limited access rights-of-way shall be in compliance with standards as specified in the National Electric Safety Code (see 24VAC30-151-760). The overlashing of telecommunications lines onto existing lines or strand is not considered a new overhead installation. ]
[ 5. I. ] When crossing a median,
all poles or other [ overhead ] facilities shall be
placed to maintain an adequate clear zone in each direction. [ Parallel
pole lines may be placed on non-limited access right-of-way that is 110 feet in
width or wider by a signed, comprehensive agreement between VDOT and the
utility owner. In such cases, poles shall be located on the outer 15 feet of
the right-of-way. Parallel
J. Longitudinal ] pole line installation will not be allowed in the median.
24VAC30-151-340. [ Nonlimited access highways:
underground 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:
1. Underground utilities may be installed [ within
nonlimited access right-of-way ] by a [ Class G ]
utility [ company ] under permit [ ,
including a districtwide permit as allowed under 24VAC30-151-30 C.1 ].
[ 2. Either a Class P or a Class T utility may
install underground utilities under an agreement providing for a shared
resource arrangement or the payment of appropriate compensation or both.
3. 2. ] All underground utilities
[ shall have within VDOT rights-of-way will require ]
a minimum of 36 inches of cover, [ unless conditions dictate
otherwise except underground cables that provide cable or
telecommunications services shall be at a minimum of 30 inches of cover ].
[ 4. A 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.
3. An underground ] utility shall not be
attached to a bridge or other structure unless the utility [ owners
owner ] can demonstrate that the installation and maintenance
methods [ will not interfere with VDOT's ability to maintain the
bridge or other structure, will not impact the durability and operational
characteristics of the bridge or other structure, and ] will not
require access from the roadway or interfere with roadway traffic. [ 5.
The attachment method must be approved by VDOT (see 24VAC30-151-430).
4. ] The proposed method for placing an
underground facility requires approval from the [ residency
administrator 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.
[ 5. Underground utilities shall not be installed within the median area except, in special cases or under shared resource agreements, with approval from the Commonwealth Transportation Commissioner.
6. Underground utilities may be installed under sidewalk areas with approval from the district administrator's designee. ]
24VAC30-151-350. Nonlimited access highways: communication towers and site installations.
[ Communication tower structures and other types of
surface mounted or underground utility facilities not associated with a
longitudinal installation on a nonlimited access highway may be installed by a
Class G, Class P or Class T utility under permit. Communication
tower structures and other types of surface mounted or underground utility
facilities may be installed by a utility company under an agreement providing for
a shared resource arrangement or the payment of appropriate compensation, or
both. The Commonwealth Transportation Commissioner may grant an exception
for a non-shared resource arrangement, under strictly controlled
conditions. The utility owner must show 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. 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 requires placement of communication pedestals, nodes, or
amplifiers elsewhere in the right-of-way. The placement of communication
pedestals, nodes, or amplifiers between the edge of pavement or back of curb
and the sidewalk shall not be permitted. ]
24VAC30-151-360. Pipelines.
The permittee shall maintain minimum cover for any
underground facility. Where pavement exists, the permittee shall bore, push, or
jack and maintain a minimum cover of 36 inches [ , unless
conditions dictate otherwise ].
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. [ Parallel
Longitudinal ] pipeline installations shall be kept out of the
ditch line whenever possible. [ When no other alternative is
available, the minimum depth of pipes shall be 36 inches with satisfactory
compaction and restoration. These installations do not normally require
encasement since they are usually located in the outer edge of the highway
right-of-way. ]
The pipeline may not be constructed under the pavement or
shoulders of a street, except for crossings. [ Pipelines may be
constructed in the median or sidewalk areas if they do not conflict with other
utilities, drainage facilities, or roadway features. ]
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 [ met in writing
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 [ residency administrator district
administrator's designee ] may also require such pipes to be filled
prior to being plugged.
24VAC30-151-370. [ Encasements
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 ]. [ Encasement pipe
shall be required if a 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. Encasement should be
extended a suitable distance beyond the slope for side ditches and beyond the
curb line in curbed sections Encasements crossing non-limited 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
[ residency administrator district administrator's
designee ] may require encasement pipe even if an installation
meets industry standards for nonencasement. [ The residency
administrator may approve directional bores without encasement on a
case-by-case basis.
Limited access facility encasement pipes shall be
installed from outside to outside of right-of-way line. All pipelines under pressure
shall be encased where they cross the right-of-way. Encasement pipe for roadway
crossings shall be extended completely through infield or median areas. ]
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 which are flammable, corrosive, expansive, energized, or unstable, particularly if carried at high pressure, may be permitted subject to the following conditions:
1. The applicant provides supporting data documenting that its proposed installation meets or exceeds industry standards for unencased crossings, and,
2. The applicant provides supporting data documenting that the pipeline will support the anticipated load generated by highway traffic, and,
3. 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. ]
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. [ Permittee The permittee ]
shall ensure [ drains achieve the achievement of ]
positive drainage.
C. National uniform color codes for identification of utilities shall be used to place permanent markers.
D. Manholes 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.
[ Manhole installations shall be minimized at street intersections.
A manhole shall not be considered in the normal wheel path of driving lanes
under any circumstances Every effort should be made to minimize
manhole installations at street intersections and in the normal wheel path of
the travel lanes ]. Manholes shall be designed and located in such
a manner that shall cause the least interference to other utilities and future
highway expansion.
E. Manhole frames and covers, valve boxes, and other
castings located within the paved roadway, shoulder, or sidewalk shall be
constructed [ within a tolerance of ± 0.05 feet of
flush with ] the finished grade. [ Manhole 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.
24VAC30-151-390. In-place [ and prior-rights ]
permits [ for new subdivision streets ].
A. Prior to [ accepting VDOT's
acceptance of ] a secondary street into the VDOT system, the public
utility owner shall quitclaim its prior rights within the right-of-way to the
Commonwealth in exchange for a permit for in-place utilities on new subdivision
streets. The utility may continue to occupy such street in its existing
condition and location. The public utility owner shall be responsible for the
utility and resulting damages to persons and property [ that might
result from the presence of the utility ]. Should VDOT later
require the public utility owner to alter, change, adjust, or relocate any
utility, the non-betterment cost will be the responsibility of the
Commonwealth.
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.
24VAC30-151-400. Utility adjustments in conjunction with a VDOT project.
A permit is required for facilities relocated in conjunction
with a VDOT project. For specific information, see the Right-of-Way Utilities
Relocation Policies and Procedures Manual (see 24VAC30-151-760). Utilities may
be placed within the highway 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. [ Should
VDOT later require the public service corporation to alter, change, adjust, or
relocate any utility, the nonbetterment cost will be the responsibility of the
Commonwealth. ]
24VAC30-151-410. [ Installations 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.
24VAC30-151-420. [ Roadway lighting
Lighting ] facilities.
A. A permit is required for any lighting that will be on or overhanging the right-of-way. Lighting on or overhanging the right-of-way is classified as roadway lighting or nonroadway lighting. Roadway lighting is lighting intended to improve visibility for users of the roadway. Nonroadway lighting is lighting intended to improve visibility or to enhance safety for pedestrians or adjacent properties. [ Lighting facilities are not considered a utility. ]
B. Design of roadway lighting facilities shall be based
upon the specifications developed by the Illuminating Engineering Society in
the manual, American National Standard Practice for Roadway Lighting
[ (effective 2000) ] (see 24VAC30-151-760). [ An
Informational Guide for Roadway Lighting The Roadway Lighting Design
Guide ] by [ the American Association of State Highway and Transportation Officials ( ] AASHTO [ (effective
1984 ]) (see 24VAC30-151-760) may be used as a supplemental
guide.
C. The permittee shall submit to the [ residency
administrator district administrator's designee ] two
copies of scale drawings depicting lighting pole locations, mounting heights,
pole and base type (breakaway or nonbreakaway), type and wattage of luminaries
and arm lengths. The lighting shall be installed in accordance with VDOT's Road
and Bridge Specifications (see 24VAC30-151-760).
[ D. ] Nonroadway lighting may be allowed within the right-of-way, provided such lighting does not adversely affect the visibility of roadway users, and lighting supports and support locations do not compromise VDOT clear zone and safety standards.
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.
B. Communication and electric power lines shall be
insulated, grounded and installed in a conduit or pipe to manholes or poles at
either end of the structure, [ whichever is 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. [ Transmission natural Natural ]
gas and petroleum mains may not be attached to highway structures.
Part VII
Miscellaneous Provisions
24VAC30-151-440. Miscellaneous permits.
In accordance with [ 24VAC30-20-20
the General Rules and Regulations of the Commonwealth Transportation Board (see
24VAC30-151-760) ], no use of any real property under the
ownership, control or jurisdiction of VDOT shall be allowed until written
permission is first obtained from VDOT. A permit [ , which shall
constitute such permission, ] is required for the uses of
right-of-way described in this part.
24VAC30-151-450. Banners and decorations.
[ VDOT may issue permits to counties, towns and
religious or civic organizations A county, town, or religious or
civic organization 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.
24VAC30-151-460. Building movements.
[ All A single use permit shall be
obtained for all ] building movements over 16 feet wide [ require
the approval of the residency administrator after completion of the necessary
investigative report (Form LUP-HM) (1-2006) ]. [ All
requests for building movements require the approval of the district
administrator's designee after the mover 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. [ Applications Application ]
for [ a ] building [ movements
movement ] shall be made through the [ VDOT residency
office district administrator's designee in the district ] where
the move initiates.
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.
24VAC30-151-480. Chutes and tipples [ (coal
mines, gravel pits, etc.), pipes from planning mills and other
similar structures ].
A [ single use ] permit [ is
required shall be obtained ] for chutes, tipples or
other structures to [ handle 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 [ chutes or tipples such structures ]
located on the right-of-way.
The applicant shall obtain written approval from the local
officials prior to permit application for [ pipes from planning
mills such structures ].
24VAC30-151-490. Construction or reconstruction of roads, bridges, or other drainage structures.
[ Construction A permit is required for
construction ] or reconstruction of roads, bridges or other
drainage structures [ . Such activities ] may be
permitted based upon evaluation, an engineering analysis provided by the
applicant, and approval of the [ residency administrator
district administrator's designee ]. Approval by the [ relevant ]
county board of supervisors may also be necessary.
24VAC30-151-500. Crest stage gauges, water level recorders.
Permits may be issued to any governmental state agency to install hydrological study equipment [ within highway rights-of-way. Maintenance of these facilities is the responsibility of the permittee ].
24VAC30-151-510. Emergency vehicle access.
[ Signals may be permitted along and over streets
or highways at fire stations 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.
24VAC30-151-520. Filming for movies.
[ Movie filming may be permitted, but A
single use permit shall be obtained for movie filing within the highway
rights-of-way and ] shall be coordinated through the Film Office of
the Virginia Tourism Corporation.
24VAC30-151-530. [ Flashing school
School ] signs.
[ Flashing school signs may be placed under permit
with the approval of the district traffic engineer 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].
24VAC30-151-540. Grading on right-of-way.
Grading that does not adversely affect the maintenance,
safety and operations of vehicles on [ the highway
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. ]
24VAC30-151-550. Roadside memorials.
A. Section 33.1-206.1 of the Code of Virginia directs the Commonwealth Transportation Board to establish regulations regarding the authorized location and removal of roadside memorials. Roadside memorials shall not be placed on state right-of-way without first obtaining a permit. At the site of fatal crashes or other fatal incidents, grieving families or friends often wish for a roadside memorial to be placed within the highway right-of-way. The following rules shall be followed in processing applications to place roadside memorials within the highway right-of-way:
1. Applications for a memorial shall be submitted to the
[ residency administrator district administrator's
designee ]. The [ residency administrator
district administrator's designee ] will review, and if necessary,
amend or reject any application.
2. If construction or major maintenance work is scheduled in
the vicinity of the proposed memorial's location, the [ residency
administrator 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.
3. If the applicant requests an appeal to the [ residency
administrator's district administrator's designee's ] decision
regarding amendment or rejection of an application, this appeal will be
forwarded to the district administrator.
4. Criteria used to review applications shall include, but not be limited to, 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; installation or maintenance concerns; and
c. Circumstances surrounding the accident or incident.
5. 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. It is illegal to park along the interstate system, and because of safety reasons and concerns for the public and friends and family of the deceased, parking, stopping, and standing of persons along any highway is not encouraged.
B. The following rules will be followed concerning roadside memorial participation:
1. Any human fatality that occurs on the state highway system is eligible for a memorial. Deaths of animals or pets are not eligible.
2. The applicant must provide a copy of the accident report
or other form of information to the [ residency administrator
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 [ residency
administrator district administrator's designee ] may
also require that the applicant supply a copy of the death certificate.
3. Only family members of the victim may apply for a memorial.
4. The applicant will confirm on the application that approval has been obtained from the immediate family of the victim and the adjacent property owner or 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.
5. If the adjacent property owner objects in writing, the memorial will be relocated and the applicant will be notified.
6. Memorials will remain in place for two years from the date
of installation, at which time the permit shall expire [ , and
may not be renewed. The Commonwealth Transportation Commissioner
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.
7. 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.
1. The memorial shall be designed in accordance with the Outdoor Advertising Manual (see 24VAC30-151-760). The use of symbols, photographs, drawings, logos, advertising, or similar forms of medium is prohibited on or near the memorial.
2. Only one memorial per fatality shall be allowed.
3. VDOT reserves the right to install a group memorial in lieu of individual memorials to commemorate a major incident where multiple deaths have occurred.
4. 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 or pose 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 VDOT's right-of-way is insufficient for a memorial to
be installed at the crash site, the [ residency administrator
district administrator's designee ] will locate a suitable location
as close as possible to the incident vicinity to locate the memorial where
sufficient right-of-way exists.
D. Removal. After the two-year term, 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.
24VAC30-151-560. Mailboxes and newspaper boxes.
Mailboxes and newspaper boxes may be placed within VDOT right-of-way without a permit; however, placement should not interfere with safety, maintenance and 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.
24VAC30-151-570. Miscellaneous signs.
[ 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 [ residency administrator
district administrator's designee ] shall determine the appropriate
location for the following signs.
1. Forestry. Authorized representatives of the National and
State Forest Service may place forest fire warning signs within the
right-of-way without a permit. [ Presumably, most forest fire
Fire ] warning signs will be placed near forest reservations or
wooded areas [ . However; however ], only
a limited number of the small cardboard or metal signs should be allowed within
the right-of-way within the forest reservations. 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, 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; and
c. Signs regarding forest fires should be placed by fire wardens at locations suitable to VDOT.
[ d. Signs shall be maintained by the Department of Forestry. ]
In all cases, the forest warden is to [ collaborate
with the residency administrator in selecting the location for
coordinate the desired location of ] these signs [ with
the district administrator's designee prior to placement ].
2. 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 [ residency administrator
district administrator's designee ] accordingly, who will ensure
the appropriate placement of these signs.
3. Roadside acknowledgement. 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 ]
(see 24VAC30-151-760). As the landscaping is accomplished under a land use
permit, the signs are considered to be covered by that permit.
4. Rescue squad. These signs are [ fabricated, ]
erected and maintained by VDOT. The signs may be used on the approaches to the
rescue squad headquarters as shown in the Virginia Supplement to the Manual on
Uniform Traffic Control Devices [ , 24VAC30-310 ] (see
24VAC30-151-760).
5. Fire station. These signs are fabricated [ , erected ] and maintained by VDOT. The signs may be used on the approaches to fire station headquarters as shown in the Virginia Supplement to the Manual on Uniform Traffic Control Devices (see 24VAC30-151-760).
6. Bird sanctuary. [ Upon receipt of a request
from a town or city, ] VDOT will fabricate and erect these signs,
[ upon receipt of a request from a town or city at the
expense of the municipality ], at the corporate limits of the town
or city under the municipality name sign [ at the expense of the
municipality ] as shown in the Virginia Supplement to the
Manual on Uniform Traffic Control Devices (see 24VAC30-151-760). 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. ]
7. 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 the auspices of a single use permit:
1. 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 (see Road Design Manual, 24VAC30-151-760) 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 a locality identification and/or "Welcome to" signs in perpetuity.
2. 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 of behalf of clubs, citizens groups and other entities. The permit application must include, at a minimum, a graphic sample or samples 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" L x 20" W.
3. 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. ]
24VAC30-151-580. Ornamental posts, walls, [ residential
and commercial development identification signs, ] or other
[ apparatus nontransportation related elements ].
Ornamental posts, walls [ , residential and
commercial development identification signs, ] or other [ apparatus
nontransportation elements, or any combination of these, ] that
[ do not ] interfere with roadway safety, traffic capacity
or maintenance [ shall not be permitted. Structures located
outside the clear zone but within the right-of-way may be permitted as
authorized by the residency administrator may be authorized under
the auspices of a single use permit. These non-transportation related elements
shall not be placed on limited access rights-of-way. Requests for the placement
of ornamental posts, walls, residential and commercial development
identification signs, or other nontransportation related elements, or any
combination of these, may be permitted as authorized by the district
administrator's designee. 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 (see Road Design Manual,
24VAC30-151-760) 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 ].
24VAC30-151-590. Outdoor advertising adjacent to the right-of-way.
Permits for outdoor advertising located off the
right-of-way are obtained through the roadside management section at any VDOT district
office or the [ Central Office Asset Management Maintenance ]
Division in accordance with [ Chapter 7 (] § 33.1-351
[ et seq.) of Title 33.1 ] of the Code of Virginia.
Selective pruning permits for outdoor advertising shall be issued in accordance
with § 33.1-371.1 of the Code of Virginia.
24VAC30-151-600. Pedestrian and bicycle facilities.
[ Construction The installation ]
of sidewalks, steps, curb ramps, shared use paths, pedestrian underpasses
and overpasses within right-of-way may be [ permitted
authorized under the auspices of a single use permit ]. VDOT shall
maintain those facilities that meet the requirements of the Commonwealth
Transportation Board's Policy for Integrating Bicycle and Pedestrian
Accommodations [ (see 24VAC30-151-760) ]. 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,
24VAC30-151-760). ] The [ construction
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 [ break change ] in
limited access but shall require the approval of the Commonwealth
Transportation Commissioner prior to issuance of a permit for such activity.
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 [ at the
local residency from the district administrator's designee ].
24VAC30-151-620. Roadside management, landscaping.
Placement and maintenance of plant materials by individuals
or organizations may be allowed under permit in strict accordance with VDOT
Road [ & and ] Bridge Specifications
[ (effective 2002) ] (see 24VAC30-151-760), VDOT Road and Bridge Standards [ (effective 2001) ] (see
24VAC30-151-760) [ and current VDOT policies. All planting and
maintenance of vegetation within right-of-way, including tree planting,
requires a permit and must be in accordance with provisions of the Vegetation
Control Regulations on State Rights-of-Way, 24VAC30-200 (see 24VAC30-151-760),
§ 33.1-223.2:9 of the Code of Virginia, and the Comprehensive Roadside
Management Program (see 24VAC30-151-760). The applicant shall maintain any
altered roadside area in perpetuity. 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 reserves the
right to reclaim and restore such permitted area to its original condition or
otherwise establish turf in accordance with VDOT Road and Bridge Specifications
(see 24VAC30-151-760). 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 in accordance with Vegetation Control Regulations on State
Rights-of-Way (see 24VAC30-151-760) ]. See VDOT's Tree [ Trimming ]
and Brush [ Cutting Trimming ] Policy
(see 24VAC30-151-760) for further information.
All pesticide applicators shall [ possess
Virginia Commercial Pesticide Applicator Category 6 Certification for
Right-of-Way Pest Control activities, Category 5A Certification for Aquatic
Pest Control activities, or Category 8 for Public Health Pest Control
activities through meet the applicable requirements established by ]
the Department of Agricultural and Consumer Services. Pesticide activities
shall comply with all applicable federal and state regulations.
[ The applicant shall maintain any altered roadside
area in perpetuity. 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 reserves the right to
reclaim such permitted areas to its original condition or otherwise establish
turf in accordance with VDOT Road and Bridge Specifications. The costs of
reclamation activities shall be paid for by the permittee. ]
24VAC30-151-630. [ Shelters Transit
and school bus shelters ].
School bus shelters, public transit shelters or share ride
stations may be [ allowed authorized ] under
[ the auspices of a single use ] permit. [ Approval
of such structures must be obtained in accordance with Virginia Department of
General Services requirements. ] Shelters shall be located in
accordance with all clear zone requirements described in Appendix A-2 of VDOT's
Road Design Manual (see 24VAC30-151-760).
24VAC30-151-640. Trash containers and recycling sites.
[ Trash receptacles may be allowed under permit,
except on limited access highways, by locating them 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.
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 [ required 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 [ residency administrator
district administrator's designee ] that the location of the site
will not compromise the safety, use or maintenance of the roadway.
24VAC30-151-660. Special requests and other installations.
Any special requests may be permitted upon review and
approval by the Commonwealth Transportation Commissioner [ or a
designee ].
24VAC30-151-670. Prohibited use of right-of-way.
[ The following uses of the right-of-way are not
allowed. ] No permit shall be issued for [ these
the following ] uses [ . of the
right-of-way: ]
1. Signs. [ No advertising signs
Signs not otherwise allowed in this chapter ] shall [ not ]
be placed on the highway right-of-way [ nor or ]
overhang the right-of-way.
2. Vendors on right-of-way. Permits will not be issued to
vendors for operation of business within state rights-of-way, except as may be
allowed for waysides and rest areas under the Rules and Regulations for the
Administration of Waysides and Rest Areas [ , 24VAC30-50
(see 24VAC30-151-760) ]. Vendors of newspapers and written
materials enjoy constitutional protection under the First Amendment to place or
operate their services within rights-of-way, provided they neither impede
traffic nor impact the safety of the traveling public. Newspaper vending
machine size, placement and location shall be as directed by the [ residency
administrator district administrator's designee ] for
that area.
3. Dwellings. No private dwellings, garages, or similar structures shall be placed or constructed within the right-of-way, except as may be allowed under 24VAC30-151-220 and 24VAC30-151-230.
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
[ residency administrator 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
[ residency administrator 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 [ residency administrator
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 [ necessary to which must ] be
removed in order to properly complete the proposed activities within the
right-of-way.
24VAC30-151-690. Permitted discharge to VDOT right-of-way.
A. Permits to discharge to VDOT 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 VDOT 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 VDOT right-of-way, the permittee shall
notify the [ residency administrator 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 VDOT property is remediated.
Any discharges made pursuant to [ 9VAC25-120, the ]
General Virginia Pollutant Discharge Elimination System (VPDES) Permit for
Discharges from Petroleum Contaminated Sites[ , Groundwater Remediation
and Hydrostatic Test (see 24VAC30-151-760) ] shall be prohibited from
containing any water exhibiting visible oil sheen.
B. Any damages to VDOT property, regardless of authorization implied by any non-VDOT issued permit, shall be remedied or repaired immediately by the permittee.
Part IX
Fees and Surety
24VAC30-151-700. General provisions for fees, surety and other compensation.
Except as otherwise provided in this part, the [ permittee
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 under permit. [ For locally administered VDOT projects, the
permit fees are waived and in lieu of a surety, the locality may provide a
letter that commits to using the surety in place or to have the contractor
execute a dual obligation rider that adds VDOT as an additional 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 Commonwealth Transportation Commissioner
[ or a designee ] may waive all or a portion of any
of the fees or surety.
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 below:
1. The application fee for a single permit is $100.
2. Additive costs shall be applied as indicated below. The
[ residency administrator 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 § 33.1-371 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, etc.) |
$10 per structure |
Pole Attachment |
$10 per structure |
[ |
$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 |
[ 3. Whenever the size of the utility facility
to be installed in a longitudinal occupancy requires the use, including
separation clearances, of more than a six-foot width of the right-of-way, the
longitudinal fee shall be doubled.
4. 3. ] Time extensions for
[ existing active ] permits shall incur a
monetary charge equal to [ one-half ] the application
fee [ plus one-half the additive fees ] charged
to the initial permit. Expired permits may be reinstated [ provided
permit fees are paid as established by the residency administrator. Fees;
however, fees ] for reinstatement of expired permits shall equal
the [ initial permit application ] fee.
[ 5. 4. ] If a permit is
cancelled prior to the beginning of work, the application fee and one-half of
the additive fee will be retained as compensation for costs incurred by VDOT
during plan review.
[ 6. 5. ] The [ residency
administrator district administrator's designee ] 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 [ residency administrator
district administrator's designee ] shall waive the additive fees
above.
B. [ Residencywide Districtwide ]
permits. [ Residencywide Districtwide ] permits,
as defined in 24VAC30-151-30, are valid for a period of [ one
year two years ]. [ The fee is $100 per
residency and the permit is valid for work on the secondary and primary road
systems The biannual fee for a districtwide permit for utilities and
logging operations is $750 per district. The biannual 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.
C. Miscellaneous permit fees. The operator of a nonutility renewable energy facility that produces not more than two megawatts of electricity from a renewable energy source, not more than 5,000 mmBtus/hour of steam from a renewable energy source, or landfill gas from a solid waste management facility, to connect the facility to the transmission grid pipeline shall remit to VDOT a one time permit fee of $1,500 per mile as full compensation for the use of the right-of-way in accordance with § 67-1103 of the Code of Virginia. ]
[ C. D. ] [ No-fee
permits. The following permits shall be issued at no cost to the applicant:
1. ] In-place permits [ .
In-place permits ] as defined in [ 24VAC30-151-190
24VAC30-151-30 ] and 24VAC30-151-390 [ shall be
issued at no cost to the permittee ].
[ 2. Prior-rights permits as defined in 24VAC30-151-30 and 24VAC30-151-390.
3. As-built permits as defined in 24VAC30-151-30.
4. Springs and wells as defined in 24VAC30-151-280.
5. Crest stage gauges and water level recorders as defined in 24VAC30-151-500.
6. Filming for movies as defined in 24VAC30-151-520.
7. Roadside memorials as defined in 24VAC30-151-550.
8. No loitering signs as defined in 24VAC30-151-570. ]
24VAC30-151-720. Surety.
A. Performance surety. The permittee shall provide surety to guarantee the satisfactory performance of the work. Surety shall be based on the estimated cost of work to be performed within the right-of-way. Surety may be in the form of a check, cash, irrevocable letter of credit, insurance bond, or any other VDOT-approved method. Under no circumstances shall VDOT or any agency of the Commonwealth be named the escrow agent, nor shall funds deposited with VDOT as surety be subject to the payment of interest. The surety will be refunded or released upon completion of the work and inspection by VDOT subject to the provisions of § 2.2-1151.1 of the Code of Virginia. If a permit is cancelled 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 [ residency administrator
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. Continuous surety. 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 work covered by the permit remains within
the right-of-way. [ Private and commercial entrances do
A private or commercial entrance does ] not require a continuous
surety. [ All other installations may require a continuous
surety as determined by the residency administrator Any other
installation may require a continuous surety as determined by the district
administrator's designee. 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 district-wide permits for surveying ].
24VAC30-151-730. Accommodation fees.
After initial installation, the Commonwealth Transportation Commissioner 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 following basis:
1. Limited Access Crossings - $50 per crossing.
2. Limited Access Longitudinal Installation - $250 per mile annual use payment.
3. Communication Tower Sites (limited and nonlimited access):
a. $24,000 annual use payment for a communication tower site, and
b. $14,000 annual use payment for colocation on a tower site. This payment does not include equipment mounted to an existing wooden utility pole.
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 §§
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 public right-of-way
[ in any locality in which the cable television operator is
obligated to pay a franchise fee to such locality. The rates for the per mile
annual use fee payment for use of right-of-way shall not apply to the
applicable cable television facilities ].
[ C. Whenever the size of the utility
facility to be installed in a longitudinal occupancy requires the use,
including separation clearances, of more than a six-foot width of the
right-of-way, the longitudinal compensation requirement shall be doubled.
D. C. Pursuant to § 56-468.1 of the Code of
Virginia, certified providers of telecommunications service shall not be
charged land use permit application and additive fees or an annual payment
under a resource sharing agreement for the use of public 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 section 730 of this chapter for the use of public right-of-way.
E. ] At VDOT's discretion, under the provisions
of resource sharing as defined in 24VAC30-151-30, compensation for the use of
the limited access right-of-way may be negotiated and agreed upon through one
of the following methods: [ strictly barter, which includes
provision of goods or services; cash only; or a combination of barter and cash
1. The mutually agreeable exchange of goods or services only; or
2. Cash only; or
3. A combination of both ].
VDOT will ensure that the goods or services provided in any
[ barter arrangement mutually agreeable exchange ]
are equal to the monetary compensation amount established for the use and
occupancy of the right-of-way.
[ E. Whenever a utility owner has provided, either
through cash, goods or services, an initial installation payment for the use
and occupancy of the right-of-way, either longitudinal, small site or
communication tower, the agreement shall provide for partial reimbursement
should the utility be required to relocate, adjust, or remove its facilities as
a result of the construction of a transportation project. The agreement shall
specify that for the first three years of an occupancy, the utility will be
entitled to reimbursement for 100% of the applicable relocation, adjustment, or
removal cost as defined in 23 CFR 645.117. For the succeeding three years, the
utility will be entitled to reimbursement for 50% of the applicable relocation,
adjustment, or removal cost as defined in 23 CFR 645.117. After the end of the
sixth year, the utility will be responsible for the cost of all required
relocations, adjustments or removals related to the transportation project
construction. ]
24VAC30-151-750. [ Land use permit application
fee and additive fees, communication tower site fees, annual adjustments
Reserved ].
[ A. VDOT shall have the option of adjusting the
land use permit application fee and additive fees, in which case it shall
compile information regarding its costs for the review of permit plans, the
inspection of permit work and the administrative processing of the permits
during the previous fiscal year, and report this information to the
Commonwealth Transportation Commissioner by January 1 of each year VDOT wishes
to exercise the option. The Commonwealth Transportation Commissioner may use
the report findings to adjust the permit application fee and additive fees by
not more than 25% of the fee structure in effect on July 1 of the previous
calendar year, but not greater than the VDOT's average direct cost as
established in the report.
B. If the Commonwealth Transportation Commissioner finds
that a change in the permit application fee and additive fee structure is
warranted, implementation of the change shall be made as follows:
1. Notice of the adjusted fee structure, including the
report on which the adjustment 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
2. The adjusted fee structure shall become effective on
July 1 of that year.
C. VDOT shall have the option of adjusting the
communication tower site annual use fee, in which case the VDOT Chief Appraiser
shall prepare a report comparing the communication tower site annual use fee to
market rates. The Commonwealth Transportation Commissioner may use the report
findings to adjust the communication tower site annual use fee by not more than
25% of the fee structure in effect on July 1 of the previous calendar year, but
not greater than market rates.
D. If the Commonwealth Transportation Commissioner finds
that a change in the communication tower site annual use fee structure is
warranted, implementation of the change shall be made as follows:
1. Notice of the adjusted fee structure, including the
report on which the adjustment 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
2. The adjusted fee structure shall become effective on
July 1 of that year. ]
Part X
Reference Documents
24VAC30-151-760. Listing of documents (publications) incorporated by reference.
Requests for 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 VDOT may be obtained from the department's division and representative indicated; however, department documents may be available over the Internet at www.VirginiaDOT.org. Documents with a Virginia Administrative Code (VAC) number may be accessed from the Internet at: http://leg1.state.va.us/000/srr.htm.
[ A. Road Design Manual (effective January 1,
2005).
Location and Design Division (VDOT)
Location and Design Engineer
1401 E. Broad Street
Richmond, Virginia 23219
B. Road and Bridge Specifications
(effective 2002).
Scheduling and Contract Division (VDOT)
State Contract Engineer
1401 E. Broad Street
Richmond, Virginia 23219
C. Road and Bridge Standards (effective
February 1, 2001).
Location and Design Division (VDOT)
Location and Design Engineer
1401 E. Broad Street
Richmond, Virginia 23219
The following four documents may be obtained from the
following address:
Department of Conservation and Recreation
Division of Soil and Water Conservation
Governor Street, Suite 206
Richmond, Virginia 23219
D. Virginia Erosion and Sediment Control Handbook, 3rd
edition (effective 1992), a technical guide to The Virginia Erosion and
Sediment Control Law and Regulations (4VAC50-30).
E. Virginia Erosion and Sediment Control
Regulations, 4VAC50-30.
F. Virginia Stormwater Management Handbook, 1st edition,
Volumes 1 and 2, (effective 1999), a technical guide to the Virginia Stormwater
Management Program Permit Regulations (4VAC50-60).
G. Virginia Stormwater Management Program Permit
Regulations (4VAC50-60).
H. VDOT Erosion and Sediment Control and Stormwater
Management Program Specifications Manual (effective March 1, 2004).
Location and Design Division (VDOT)
Location and Design Engineer
1401 E. Broad Street
Richmond, Virginia 23219
I. The Manual on Uniform Traffic Control Devices for
Streets and Highways (MUTCD) (effective December 22, 2003).
Federal Highway Administration
Superintendent of Documents
U.S. Government Printing Office
P.O. Box 371954
Pittsburgh, PA 15250-7954
J. Roadway Lighting, American National Standard Practice
for Roadway Lighting
The Standard Practice Subcommittee of the IESNA Roadway
Lighting Committee (effective 2000).
The Illuminating Engineering Society of North America
120 Wall Street
New York, NY 10005
K. An Informational Guide for Roadway Lighting.
American Association of State Highway and Transportation
Officials (AASHTO)
444 North Capitol St. N.W., Suite 225
Washington, D.C. 20001
L. General Virginia Pollutant Discharge Elimination System
(VPDES) Permit for Discharges from Petroleum Contaminated Sites, 9VAC25-120.
Regulatory Coordinator
State Water Control Board
P. O. Box 10009
Richmond, VA 23240
M. Rules for Enforcement of the Underground Utility
Damage Prevention Act, 20VAC5-309.
State Corporation Commission
Department of Energy Regulation
P. O. Box 1197
Richmond, VA 23218
N. Right-of-Way Utilities Relocation Policies and
Procedures Manual (effective November 2003).
State Right of Way Director (VDOT)
1401 E. Broad St.
Richmond, VA 23219
O. Change of Limited Access Control, 24VAC30-401.
P. Virginia Supplement to the Manual on Uniform Traffic
Control Devices, 24VAC30-310 (includes the Virginia Work Area Protection
Manual).
Traffic Engineering Division (VDOT)
1401 E. Broad St.
Richmond, VA 23219
The following six documents may be obtained from the
following address:
Asset Management Director (VDOT)
Asset Management Division
1401 E. Broad St.
Richmond, VA 23219
Q. VDOT Tree Trimming and Brush Cutting Policy
(effective December 18, 2001).
R. Rules and Regulations for the Administration of
Waysides and Rest Areas, 24VAC30-50.
S. Comprehensive Roadside Management Program,
24VAC30-121.
T. Vegetation Control Regulations on State
Rights-of-Way, 24VAC30-200.
U. Outdoor Advertising Manual (effective 2005).
V. General Rules and Regulations of the Commonwealth
Transportation Board, 20VAC30-20.
1. Access Management Regulations: Principal Arterials (24VAC30-72)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond , VA 23219
2. Change of Limited Access Control (24VAC30-401)
State Right-of-Way Director (VDOT)
1401 E. Broad St.
Richmond, VA 23219
3. Comprehensive Roadside Management Program (24VAC30-121)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond , VA 23219
4. Erosion and Sediment Control Regulations (4VAC50-30)
Department of Conservation and Recreation
Division of Soil and Water Conservation
Governor Street, Suite 206
Richmond, Virginia 23219
5. General Rules and Regulations of the Commonwealth Transportation Board (20VAC30-20)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond , VA 23219
6. General Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation for Discharges from Petroleum Contaminated Sites, Groundwater Remediation and Hydrostatic Tests (9VAC25-120)
Regulatory Coordinator
State Water Control Board
P. O. Box 10009
Richmond , VA 23240
7. Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) (effective December 22, 2003, revised November 2004)
Federal Highway Administration
Superintendent of Documents
U.S. Government Printing Office
P.O. Box 371954
Pittsburgh, PA 15250-7954
8. National Electric Safety Code (2007 edition)
Institute of Electrical and Electronics Engineers, Inc.
10662 Los Vaqueros Circle
P.O. Box 3014
Los Alamitos, CA 90720-1264
9. Outdoor Advertising Manual (effective 2005)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond , VA 23219
10. Policy for Integrating Bicycle and Pedestrian Accommodations (effective 2004)
Transportation and Mobility Planning Division (VDOT)
1401 E. Broad St.
Richmond , VA 23219
11. Right-of-Way Utilities Relocation Policies and Procedures Manual (effective November 2003)
State Right of Way Director (VDOT)
1401 E. Broad St.
Richmond, VA 23219
12. Road and Bridge Specifications 2007, revised 2008
Scheduling and Contract Division (VDOT)
State Contract Engineer
1401 E. Broad Street
Richmond, Virginia 23219
13. Road and Bridge Standards (effective 2009)
Location and Design Engineer (VDOT)
1401 E. Broad Street
Richmond, Virginia 23219
14. Road Design Manual (effective 2005, revised 2009)
Location and Design Engineer (VDOT)
1401 E. Broad Street
Richmond, Virginia 23219
15. Roadway Lighting, American National Standard Practice for Roadway Lighting (effective 2000, reaffirmed 2005)
The Standard Practice Subcommittee of the IESNA Roadway Lighting Committee
The Illuminating Engineering Society of North America
120 Wall Street
New York, NY 10005
16. Roadway Lighting Design Guide (effective 2005)
American Association of State Highway and Transportation Officials (AASHTO)
444 North Capitol St. N.W., Suite 225
Washington, D.C. 20001
17. Rules and Regulations for the Administration of Waysides and Rest Areas (24VAC30-50)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond , VA 23219
18. Rules for Enforcement of the Underground Utility Damage Prevention Act (20VAC5-309)
State Corporation Commission
Department of Energy Regulation
P. O. Box 1197
Richmond, VA 23218
19. Secondary Street Acceptance Requirements (24VAC30-92)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond , VA 23219
20. Vegetation Control Regulations on State Rights-of-Way (24VAC30-200)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond , VA 23219
21. VDOT Tree and Brush Trimming Policy (effective 2004)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond , VA 23219
22. Virginia Erosion and Sediment Control Handbook, 3rd edition (effective 1992), a Technical Guide to The Virginia Erosion and Sediment Control Law and Regulations (4VAC50-30)
Department of Conservation and Recreation
Division of Soil and Water Conservation
Governor Street, Suite 206
Richmond, Virginia 23219
23. Virginia Stormwater Management Handbook, 1st edition, Volumes 1 and 2, (effective 1999), a Technical Guide to the Virginia Stormwater Management Program Permit Regulations (4VAC50-60)
Department of Conservation and Recreation
Division of Soil and Water Conservation
Governor Street, Suite 206
Richmond, Virginia 23219
24. Virginia Stormwater Management Program (VSMP) Permit Regulations (4VAC50-60)
Department of Conservation and Recreation
Division of Soil and Water Conservation
Governor Street, Suite 206
Richmond, Virginia 23219
25. Virginia Supplement to the Manual on Uniform Traffic Control Devices (24VAC30-310, includes the Virginia Work Area Protection Manual)
Traffic Engineering Division (VDOT)
1401 E. Broad St.
Richmond, VA 23219 ]
FORMS (24VAC30-151)
LUP-A - Land Use Permit Application (1/05).
LUP-SP - Special Provisions (Notice of Permittee Liability) (1/05).
LUP-HM - House Movement Application (1/05).
LUP-CSB - Corporate Surety Bond (1/05).
LUP-LC - Irrevocable Letter of Credit Bank Agreement (1/05).
LUP-SB - Surety Bond (1/05).
LUP-OC - Special Provisions for Open Cuts (1/05).
LUP-IPP - In Place Permit for Subdivision Street Utility (1/05).