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Department of Transportation
Department of Transportation

General Notice
Pending APA-exempt action affecting the use of state highway right of way for mobile food vending
Date Posted: 10/19/2017
Expiration Date: 12/6/2017
Submitted to Registrar for publication: YES
No comment forum defined for this notice.

As part of its efforts to comply with Chapter 765 of the 2016 Acts of Assembly, the Virginia Department of Transportation (VDOT) plans to  propose to the Commonwealth Transportation Board (CTB) amendments to the Land Use Permit Regulations (24VAC30-151) and the Rules and Regulations for the Administration of Parking Lots and Environs  (24VAC30-100) concerning mobile food vending in VDOT-owned commuter parking lots in Planning District 8, which is comprised of the following counties:  Loudoun, Prince William, and Fairfax.  The Land Use Permit Regulations (24VAC30-151) were amended in 2015 to allow food vendors to sell items on state highway right of way as directed by Chapter 466 of the 2015 Acts of Assembly.  Chapter 765 directs VDOT to develop guidelines, consistent with the Board's regulations and policies, to permit mobile food vending in a commuter parking lot owned by the Department of Transportation in Planning District 8. Additionally, any necessary regulatory changes are to be exempt from the Administrative Process Act.  To prepare its amendments, VDOT conducted a survey of the commuter lots in the planning district to determine lot sizes, percentages of utilization and locations, and identified any prohibitions on vending at such sites (such as federal regulations).  VDOT also met with affected stakeholders, including mobile food vendors, Senator Jeremy S. McPike, the Patron of Chapter 765, the Federal Highway Administration, and representatives from the DC/MD/VA Food Truck Association to develop regulatory amendments that include a market-based fee structure for such sales; in addition, affected localities were contacted for input. 

VDOT tentatively plans to make a presentation to the CTB discussing its amendments in December, and submit a resolution for consideration in January of 2018.

For further information, contact:

Robert W. Hofrichter, Land Use Director,

Office of Land Use

Virginia Department of Transportation

1401 East Broad Street

Richmond, Virginia 23219

804.225.4785 (fax) or

Contact Information
Name / Title: Robert W. Hofrichter   / Land Use Director, Office of Land Use
Address: Virginia Department of Transportation
1401 East Broad Street
Richmond, 23219
Email Address:
Telephone: (804)786-0780    FAX: (804)225-4785    TDD: ()-