CHAPTER 20
GENERAL RULES AND REGULATIONS OF THE COMMONWEALTH TRANSPORTATION BOARD (REPEALED)

24VAC30-20-10. Definitions. (Repealed.)

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

"Board" means the Commonwealth Transportation Board, Commonwealth of Virginia.

"Commissioner" means the Vice-Chairman of the Commonwealth Transportation Board for the Commonwealth of Virginia.

"Commonwealth" means the Commonwealth of Virginia.

"Department" means the Department of Transportation, Commonwealth of Virginia.

"Right of way" means that property within the entire area of every way or place of whatever nature within the system of state highways under the ownership, control, or jurisdiction of the board or department, which is open or which is to be opened within the future for the use of the public for purposes of travel in the Commonwealth. The area set out above includes not only the traveled portion but the entire area within and without the traveled portion, from boundary line to boundary line, and also all parking and recreation areas which are under the ownership, control, or jurisdiction of the board or department.

"System of state highways" means all highways and roads under the ownership, control, or jurisdiction of the board including, but not limited to, the primary, secondary, and interstate systems.

24VAC30-20-20. Work performed on real property of the board. (Repealed.)

No work of any nature shall be performed on any real property under the ownership, control or jurisdiction of the board, including but not limited to, the right of way of any highway in the system of state highways until written permission is first obtained from the commissioner. Written permission, under this section, is granted by way of permit, except that the letting of a contract by and between the department and any other party, grants to that party automatically the permission spoken of in this section for the area under contract, unless otherwise stated in the contract. The Land Use Permit Manual (24VAC30-150-10 et seq.) shall set forth specific requirements for such permits.

24VAC30-20-30. Permit authority and application procedure. (Repealed.)

All permits, except as hereinafter provided, must be in writing and signed by the person duly authorized by the commissioner. Except as hereinafter provided, application for all permits shall be made through the resident engineer of the county where the work is to be performed.

24VAC30-20-40. Denial or revocation of permit. (Repealed.)

A permit may be denied any applicant, and all permits issued by the board or the commissioner may be revoked whenever, in the opinion of the commissioner, safety, use, or maintenance of the highway so requires.

24VAC30-20-50. Compliance with department manuals. (Repealed.)

No land use permit shall be issued until the applicant has complied with the restrictions, specifications, and fee requirements set forth in the Land Use Permit Manual (24VAC30-150), where applicable, and pursuant to the Minimum Standards of Entrances to State Highways, (24VAC30-71) when applicable. The manuals referred to are those prepared and published by the board or commissioner and kept on file in the central, district, and resident offices of the department, changes to which must be adopted or ratified by the board.

24VAC30-20-60. Waivers for damage or liability requirements. (Repealed.)

Applicants to whom permits are issued shall at all times indemnify and save harmless the board, members of the board, the Commonwealth, and all Commonwealth employees, agents, and officers, from responsibility, damage, or liability arising from the exercise of the privileges granted in such permit.

24VAC30-20-70. Relocation of structures within right of way. (Repealed.)

Any structure placed upon or within the right of way pursuant to a permit issued by the board or commissioner shall be relocated or removed whenever ordered by the commissioner. Such relocation or removal shall be accomplished at no expense to the Commonwealth, unless the department agrees or has agreed otherwise.

24VAC30-20-80. Use of right of way. (Repealed.)

No person, firm, or corporation shall use or occupy the right of way of any highway for any purpose except travel thereon except as may be authorized by the board or commissioner, either in the Land Use Permit Manual (24VAC30-150-10 et seq.) or as provided by law.

24VAC30-20-90. Activities occurring on bridges. (Repealed.)

No person, firm, or corporation shall stand or park a vehicle of any description on any bridge forming a part of the system of state highways unless authorized by the commissioner. No person shall fish or seine from any such bridge except when facilities are provided for such purposes as set out in § 33.1-207 of the Code of Virginia. No person, firm or corporation shall use any such bridge as a wharf from which to load or unload any vehicle, nor as a place of deposit for any property, nor for any other purpose except for crossing. Nor shall the master or owner of any vessel make it fast to or lay it alongside such bridge. Provided, however, this section shall not apply to highway maintenance vehicles or vessels.

24VAC30-20-100. Use or abuse of real or personal property on state-owned right of way. (Repealed.)

No person, firm, or corporation shall, without the consent of the commissioner, remove, injure, destroy, break, deface, or in any way tamper with any property, real or personal, which is growing or has been placed on the right of way of any highway within the system of state highways by or with the consent of the board or commissioner.

24VAC30-20-110. Placement of mail boxes and newspaper boxes on state-owned right of way. (Repealed.)

Mail boxes and newspaper boxes may be placed on the right of way of any system of state highways without a permit, but shall be so placed as not to, in the opinion of the commissioner, interfere with the safety, maintenance, and use of the highway. Such opinion is to be found in the department's Land Use Permit Manual (24VAC30-150-10 et seq.).

24VAC30-20-120. Flow of water on state-owned right of way. (Repealed.)

No person, firm, or corporation may cause water from any source to flow upon the right of way of any highway within the system of state highways, nor shall any person, firm, or corporation cause any increase of the water, at present, lawfully on the right of way of any highway or concentrate the flow of water upon the right of way of any highway in the system of state highways without the written consent of the resident engineer for the department.

24VAC30-20-130. Placement of roads, railroads, or tracks on state highway system. (Repealed.)

No road, railroad, or tracks of any description shall be laid along, upon, or across any portion of a highway in the system of state highways without the written consent of the commissioner. The Land Use Permit Manual (24VAC30-150-10 et seq.) shall set forth specific requirements for said written consent.

24VAC30-20-140. Status of parking, picnic, or recreational areas as part of the state highway system. (Repealed.)

All areas maintained by the department for parking, picnics, or recreational purposes shall be considered as part of the system of state highways for the purposes of this chapter of the board's regulations. The rules or regulations governing each area will be duly posted in that area. No person, firm, or corporation shall violate any of these rules or regulations, or both, nor shall they deface, injure, knock down, destroy, or remove any such signs regularly posted.

24VAC30-20-150. Board authority to regulate entrances from adjacent property to right of way of highways within the state highway system. (Repealed.)

The board, under § 33.1-12(3) of the Code of Virginia, reserves the power to regulate entrances from adjacent property upon the right of way of any highway within the system of state highways. No entrance of any nature shall be made, built, or constructed upon the right of way of any highway within the system of state highways until the location has been determined in the opinion of the appropriate officer of the department to be acceptable from a public safety standpoint, and further, until approval has been granted by the department. The design and construction of such entrances as approved by the commissioner pursuant to § 33.1-198 of the Code of Virginia, must comply with the Minimum Standards of Entrances to State Highways (24VAC30-71) and the Land Use Permit Manual (24VAC30-150) where the same are applicable.

24VAC30-20-160. Owner's liability for expenses associated with removal of prohibited objects. (Repealed.)

If any object or objects are placed on, above, or under the right of way of any highway within the system of state highways in violation of the preceding sections, and the owner, after 10 days notice, refuses to remove the object or objects, the commissioner may cause same to be removed at owner's expense. This shall not be interpreted to prevent the commissioner from immediately removing any object or objects which, in his opinion, must be removed for public safety, use, or maintenance of any highway within the system of state highways. Removal in this instance shall also be at owner's expense.

24VAC30-20-170. Placement of airport or heliport facilities. (Repealed.)

No airport runways, heliports, etc., either private or commercial, shall be placed adjacent to highway right of way in such a manner as to impede the safe flow of vehicular traffic. Runways, etc., shall be placed a proper distance to allow a minimum glide slope for aircraft of 3° approaching said runway, or at a height over the roadway of 30 feet, whichever is the greater. All airports or heliports, or both, proposed in the vicinity of highway rights of way shall take these minimum road clearances into consideration when planning the location of the end of their runways.

24VAC30-20-180. Penalties for violations. (Repealed.)

Any person, firm, or corporation violating any of the preceding sections shall be civilly liable to the Commonwealth for any and all expense or damage, or both, incurred by the department and shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided for in § 33.1-19 of the Code of Virginia.

CHAPTER 21
GENERAL RULES AND REGULATIONS OF THE COMMONWEALTH TRANSPORTATION BOARD

24VAC30-21-10. Definitions.

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

"Board" means the Commonwealth Transportation Board.

"Commissioner" means the Commonwealth Transportation Commissioner, the individual who serves as the chief executive officer of the Virginia Department of Transportation (VDOT) or his designee.

"Commonwealth" means the Commonwealth of Virginia.

"Right of way" means that property within the entire area of every way or place of whatever nature within the system of state highways under the ownership, control, or jurisdiction of the board or VDOT that is open or is to be opened within the future for the use of the public for purposes of travel in the Commonwealth. The area set out above includes not only the traveled portion but the entire area within and without the traveled portion, from boundary line to boundary line, and also all parking and recreation areas that are under the ownership, control, or jurisdiction of the board or VDOT.

"System of state highways" means all highways and roads under the ownership, control, or jurisdiction of the board including, but not limited to, the primary, secondary, and interstate systems.

"VDOT" means the Virginia Department of Transportation, the Commonwealth Transportation Commissioner, or a designee.

24VAC30-21-20. General provisions concerning permits.

A. No work of any nature shall be performed on any real property under the ownership, control, or jurisdiction of the board or VDOT including, but not limited to, the right of way of any highway in the system of state highways until written permission is first obtained from VDOT. Written permission under this section is granted by way of permit. In addition, the letting of a contract by and between VDOT and any other party grants to that party automatically such permission for the area under contract, unless otherwise stated in the contract. VDOT is authorized to establish specific requirements for such permits including, but not limited to, permit authority, application procedure, and conditions under which a permit may be denied or revoked.

B. No land use permit shall be issued until the applicant has complied with the conditions set forth in and pursuant to applicable VDOT regulations filed as part of the Virginia Administrative Code.

C. Applicants to whom permits are issued shall at all times indemnify and save harmless the board, members of the board, the Commonwealth, and all Commonwealth employees, agents, and officers  from responsibility, damage, or liability arising from the exercise of the privileges granted by these permits.

D. Any structure placed upon or within the right of way pursuant to a permit issued by VDOT shall be relocated or removed whenever ordered by VDOT. Such relocation or removal shall be accomplished at no expense to the Commonwealth unless VDOT agrees or has agreed otherwise.

24VAC30-21-30. General provisions concerning use of right of way.

A. No person, firm, or corporation shall use or occupy the right of way of any highway for any purpose except travel, except as may be authorized by VDOT, either pursuant to regulation or as provided by law.

B. Except as permitted by subdivision 2 of this subsection, the following restrictions apply to activities occurring on bridges forming a part of the system of state highways:

1. No person, firm, or corporation shall stand or park a vehicle of any description on any bridge unless authorized by VDOT.

2. No person shall fish or seine from any bridge except when facilities are provided for such purposes as set out in § 33.1-207 of the Code of Virginia.

3. No person, firm, or corporation shall use any bridge as a wharf from which to load or unload any vehicle, as a place of deposit for any property, or for any other purpose except crossing.

4. No master or owner of any vessel shall make it fast to or lay it alongside such bridge.

5. Provisions of this subsection shall not apply to highway maintenance vehicles or vessels.

C. No person, firm, or corporation shall, without the consent of VDOT, remove, injure, destroy, break, deface, or in any way tamper with any property, real or personal, that is growing or has been placed on the right of way of any highway within the system of state highways by or with the consent of VDOT.

D. No person, firm, or corporation may cause water to flow from any source upon the right of way of any highway within the system of state highways, nor shall any person, firm, or corporation cause any increase of the water, at present, lawfully on the right of way of any highway or concentrate the flow of water upon the right of way of any highway in the system of state highways without the written consent of VDOT.

E. No road, railroad, or tracks of any description shall be laid along, upon, or across any portion of a highway in the system of state highways without the written consent of VDOT.

24VAC30-21-40. Board authority to regulate entrances from adjacent property to right of way of highways within the state highway system.

The board, under subdivision 3 of § 33.1-12 of the Code of Virginia, reserves the power to regulate entrances from adjacent property upon the right of way of any highway within the system of state highways. No entrance of any nature shall be made, built, or constructed upon the right of way of any highway within the system of state highways until the location has been determined in the opinion of the commissioner or designee of VDOT to be acceptable from a public safety standpoint and, further, until approval has been granted by VDOT. The design and construction of such entrances as approved by the commissioner pursuant to §§ 33.1-198 and 33.1-198.1 of the Code of Virginia must comply with VDOT's regulations where applicable.

24VAC30-21-50. Placement of airport or heliport facilities.

No airport runways, heliports, or similar facilities either private or commercial, shall be placed adjacent to highway rights of way in such a manner as to impede the safe flow of vehicular traffic. Runways or similar facilities shall be placed a proper distance to allow a minimum glide slope for aircraft of 3° approaching said runway, or at a height over the roadway of 30 feet, whichever is greater. All airports or heliports, or both, proposed in the vicinity of highway rights of way shall take these minimum road clearances into consideration when planning the location of the end of their runways.

24VAC30-21-60. Use of electronic means for submitting documents or payments.

Where practicable, VDOT shall allow the alternative of submitting any documents or payments by electronic means.