VDOT published a proposed Land Use Permit Manual (24 VAC 30-151) to replace the existing regulation in the July 9, 2007 edition (Volume 23, Issue 22) of The Virginia Register after receiving approval from the Governor’s Office. The public comment period for this regulatory stage extends through September 9, 2007.
During the Executive Branch review required for Administrative Process Act regulations, the General Assembly enacted Chapters 863 and 928 of the 2007 Acts of Assembly. These chapters directed the Commonwealth Transportation Commissioner to develop and implement comprehensive highway access management standards to preserve and improve the efficient operations of the state systems of highways. The standards are to include guidelines for the location, number, and spacing and design of entrances, median openings, turn lanes, street intersections, traffic signals, and interchanges.
Although the standards are exempt from the Administrative Process Act, the Commissioner was further directed to solicit and consider public comment in their development, and to publish them no later than December 31, 2007, to take effect July 1, 2008.
Part IV of the proposed Land Use Permit Manual deals with entrances, which is a component of the standards VDOT is mandated to implement. Unlike the access management standards, this regulation is subject to the Administrative Process Act, and is not anticipated to be finalized before the mandate’s publication deadline. The public is requested to defer any comments regarding this part of the proposed regulation until proposed access management standards can be published, and a formal public hearing and comment period can be held concerning these standards prior to adoption by VDOT. VDOT plans to publish proposed text in The Virginia Register
andhold a public hearing in mid-to late September. After comments are received, the Commonwealth Transportation Board will act on the final regulations, and publication will occur in December.