Agencies | Governor
Virginia Regulatory Town Hall
Department of Transportation
Department of Transportation
Public Hearings for the Location and Design of Highway Projects [24 VAC 30 ‑ 380]
Chapter is Exempt from Article 2 of the Administrative Process Act
Action is Exempt from Article 2 of the Administrative Process Act
Revision to Clarify Wording and Update Statutory References
General Information
Action Summary This regulation establishes the general provisions VDOT will follow when presenting its project-related plans, studies, and technical data for public comment, such as rules for implementing the regulation; types of hearings required for different road systems; and exceptions to public hearing requirements. Generally, the amendments have been made to improve the clarity of the regulation, to update statutory references, and to bring the regulation into line with VDOT public hearing policies. The Office of the Attorney General has found that this regulation is exempt from the APA under Section 2.2-4002 B3. For example, an existing statutory requirement concerning the holding of public hearings when unpaved secondary roads need emergency paving has been added. A provision concerning the types of public hearings that can be held for projects with insignificant public interest or environmental impacts has been amended to eliminate discretion as to what action can be taken. New text explicitly mentioning notices and conditions satisfying public hearing requirements have been added to 24 VAC 30-380-10 B 4. VDOT has also added new text explicitly stating the agency’s commitment to hold a design public hearing in response to a request in response to a notice of willingness, should issues raised in connection with the request be unresolvable through other means.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: Section 2.2-4002 B 3
RIS Project Yes  [001644]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
4800 Final Stage complete. This regulation became effective on 10/22/2008.
Contact Information
Name / Title: Susan Keen, P.E.  / State Location and Design Engineer
Address: Location & Design Division, 7th Floor Annex, VDOT
1401 E. Broad Street
Richmond, VA 23219
Email Address:
Phone: (804)786-2507    FAX: (804)786-5157    TDD: ()-

This person is the primary contact for this chapter.