Final Text
CHAPTER 150
LAND USE PERMIT MANUAL (Repealed.)
Part I
General Information
Article 1
General
24VAC30-150-10. [Reserved] (Repealed.)
24VAC30-150-20. General rules and regulations of the
Commonwealth Transportation Board. (Repealed.)
A. Definitions: When used in these Rules and Regulations,
"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.
B. 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 shall set forth specific requirements for such permits.
C. 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.
D. 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.
E. 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, where applicable, and pursuant to the
Manual of "Minimum Standards of Entrances to State Highways", 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.
F. 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.
G. Any structures 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.
H. 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
or as provided by law.
I. 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.
J. 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.
K. 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.
L. 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.
M. 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 shall set forth specific requirements for said written consent.
N. 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 purpose of these General Rules and Regulations of the
board. 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.
O. 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" and the Land Use Permit Manual where the same are applicable.
P. 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 ten 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.
Q. 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 airport 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.
R. Any person, firm, or corporation violating any of the
preceding sections shall be civilly liable to the Commonwealth for any and all
expenses or damages, 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.
24VAC30-150-30. Violations of rules and regulations. (Repealed.)
Violation of rules and regulations is a misdemeanor. By virtue
of § 33.1-19 of the Code of Virginia any person, firm or corporation violating
the Commonwealth Transportation Board's rules and regulations, or any addition
or amendment thereto, shall be guilty of a misdemeanor. Any prosecution under
this statute should be instigated by the Commonwealth's Attorney in the county
where the offense arises.
24VAC30-150-40. Discovery of a violation. (Repealed.)
When a violation is discovered, the resident engineer, or his
representative, should seek out the violator and inform him of his violation
and request an immediate correction.
Generally, this will be sufficient. In the event there is a
refusal to conform with the resident engineer's request, a certified letter should
be addressed to the violator to the effect that there must be a compliance with
the law within a stated period (depending upon the individual situation), and
unless there is a compliance within the stated time, the Virginia Department of
Transportation shall pursue remedy as is provided by law. After the specified
time has elapsed, the resident engineer should contact the Commonwealth's
Attorney and explain to him what has transpired. If the Commonwealth's Attorney
so advises, a criminal warrant should then be issued for the prosecution of the
party involved. If the Commonwealth's Attorney refuses to prosecute, a record
should be immediately forwarded to the central office for consideration.
It should be borne in mind that the above should be
followed in the ordinary cases. Emergency cases should be handled in the most
practical manner to ensure continued use of the highways. When cases arise that
result in the closing of a highway or the impairment of its use, the field
forces should take immediate steps to alleviate the situation. (It may be
necessary to engage the Virginia State Police or local police). If in doubt,
field forces should immediately contact the maintenance engineer.
24VAC30-150-50. Minor encroachments. (Repealed.)
In many instances, it will be impractical to prosecute a person
violating the rules and regulations. Minor encroachments on the right of way,
unauthorized ditches, entrances and many other minor violations can be
corrected by department forces without resort to the courts.
24VAC30-150-60. Issuance of permits. (Repealed.)
Except as otherwise noted, applications for permits shall be
made through the office of the resident engineer of the county in which the
work is to be performed. Permit applications for work proposed on the
Richmond-Petersburg Turnpike, shall be made through the office of the Richmond
Petersburg Turnpike Authority. Outdoor advertising permits shall originate in
the office of the district environmental coordinator.
24VAC30-150-70. Permits issued by resident engineer. (Repealed.)
Resident engineers are authorized to issue the following
types of permits:
1. Private entrances (where bond is not required)
2. Decorations, banners, parades and special events
3. Individual logging roads, other temporary private
entrances
4. Building movements (with approval of the permit manager)
All permits issued by the residency and district offices
shall be reviewed first in the residency. All permits whether they are approved
and issued through the permit manager's office, the district office or the
residency office, the inspection for same shall be done in the residency.
24VAC30-150-80. Permits issued by district administrator.
(Repealed.)
District administrators are authorized to issue the
following types of permits:
A. Surface work
1. Entrance
a. Commercial (except outdoor theaters)
b. Private entrances (Where a surety coverage is required)
c. Logging roads (blanket permits)
d. Median crossovers (with approval of district traffic
engineer)
2. Structures
a. Allowed under right of way agreement (excluding
agricultural use agreements)
Permits must originate and be processed by the resident
engineer under and in complete accord with the right of way agreement.
b. Shelters
(1) School bus
(2) Other shelters
(3) "Share-the-ride" stations
3. Steps, sidewalks, curb and gutter, etc.
4. Grading, landscaping, tree planting on right of way
(except interstate and limited access right of way with the approval of the
district environmental engineer)
5. Street or road tie-ins
B. Overhead Installations
1. Poles
2. Guys or Anchors, or both
3. Transmission wire crossings, in excess of 34.5 KV
4. Privately owned installations
C. Underground Installations
1. Wires, conduits, cables, pipelines, etc.
2. Valve and meter boxes - construction, reconstruction or
adjusting
3. Manholes - construction, reconstruction or adjusting
4. Test borings - locating leaks or trouble areas in
existing lines; locate existing lines for future construction.
5. Fire hydrants
6. Privately owned installations
D. Street lighting
E. Minor drainage installations pipes, inlets, manholes,
etc. (with approval of district hydraulics engineer)
24VAC30-150-90. Permits issued by the highway permit manager.
(Repealed.)
A. Surface work
1. Entrances
a. Outdoor theaters (with approval of traffic engineer)
b. Railroad grade crossings (with approval of traffic
engineer, maintenance engineer, secondary roads engineer and railroads and
utilities engineer)
c. Service roads
2. Miscellaneous
a. Grading on interstate and limited access right of way
(with approval of chief engineer and environmental engineer)
b. Farm ponds (with approval of right of way and location
and design engineers)
c. Telephone booths (with approval of maintenance and right
of way engineers)
d. Water level recorders (with approval of location and
design engineer and structure and bridge engineer)
e. Crest stage gauge installations (with approval of
location and design engineer and structure and bridge engineer)
f. Public boat landing or dock (with approval of
maintenance and secondary roads engineers)
g. Access to public fishing waters (with approval of right
of way and maintenance engineers)
h. Pedestrian underpass or overpass (with approval of
location and design engineer, maintenance engineer, secondary roads engineer
and structure and bridge engineer)
i. Construct or reconstruct roads, bridges or other
drainage structures (with approval of maintenance, secondary roads and
structure and bridge engineers)
j. Fence (with approval of right of way engineer)
k. Agricultural use agreement (land use permit), with
approval of right of way engineer, environmental engineer and chief engineer)
l. Landscape permits (limited access right of way)
m. Land use permits (with approval of right of way
engineer, environmental engineer and chief engineer)
n. Special agreements (when issued along with CE-7 permit
and with the approval of the chief engineer)
B. Overhead Installations
1. House service connections (blanket permits, initial
application and renewals)
2. Power and communication lines crossing interstate and
limited access right of way.
3. Utility attachments to bridges (with approval of
structure and bridge engineer)
4. Overhead pipes, chutes and conveyors (with approval of
secondary roads engineer or maintenance engineer)
5. School warning beacons or lights (with approval of
traffic engineer)
6. Wires to serve flashing school warning beacons or lights
7. Railroad active warning devices at grade crossing under
permit (with approval of traffic engineer, secondary roads engineer, maintenance
engineer and railroads and utilities engineer)
8. Permits covered by signed policy agreement.
9. Fire station warning lights (with approval of traffic
engineer)
C. Underground Installations
1. Wires to serve flashing school warning beacons or lights
2. Conveyors belt (with approval of secondary roads engineer
or maintenance engineer)
3. House service connections (blanket permits initial
application and renewals)
D. Signs
National Park Service - National Military Park (with
approval of traffic engineer)
E. Historical markers (with approval of environmental
engineer)
F. Trash containers (with approval of traffic engineer,
right of way engineer and environmental engineer)
24VAC30-150-100. Processing permit applications. (Repealed.)
A. Resident engineer
All permit applications requiring district or central office
approval shall be forwarded with complete information to the district
administrator.
B. District administrator
The district administrator will promptly review and issue,
or deny, such permits as he is authorized. In the event a permit is denied, a
copy of the letter setting forth the reasons for denial shall be forwarded to
the permit manager. The second copy of all permit assemblies approved by the
district administrator shall be forwarded to the permit manager. Permit
assemblies requiring central office approval shall be reviewed by the district
administrator and forwarded with his recommendations to the permit manager.
24VAC30-150-110. Issuance of permits to owner of the
facility. (Repealed.)
In view of the fact that permits cover not only the actual performance
of work within highway rights of way, but also covers the subsequent
maintenance, adjustments or removal of same, it is imperative that 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. EXCEPT IN CASES WHERE
CONTINUING BONDS ARE REQUIRED, PERMITS MAY BE ISSUED JOINTLY TO THE OWNER AND
HIS CONTRACTOR (AS AGENT). NOTE: When permit is issued jointly, the owner's
continuous bond is used as well as the contractor's performance bond.
24VAC30-150-120. Permanent record of permits issued. (Repealed.)
The central office shall maintain permanent records of all permits
issued by district administrator and the central office.
24VAC30-150-130. Work of a continuous nature. (Repealed.)
Where work is of a continuous nature along one route, or on
several routes within one residency, it should be consolidated into one permit
application. Separate permits must be issued covering work in each residency
(excluding blanket permits).
24VAC30-150-140. Work within construction projects. (Repealed.)
Discretion must be used in issuing permits for the performance
of work within the right of way of a highway construction project during the
life of the project (date of advertisement to date of acceptance) to prevent
any infringement on the rights of the highway contractor to satisfactorily
complete the project in accordance with the contract. In cases where permits
are issued within construction projects, the permittee must obtain the
contractor's consent in writing before performing any work. When work by the
permittee requires coordination with the contractor's operation, a special
provision shall be prepared for review by the department's district and central
office utilities section of the right of way division before being placed in
the contract assembly.
Article 2
Permits Required for Utility Adjustments (Including Cable T.V. Companies)
24VAC30-150-150. [Reserved] (Repealed.)
24VAC30-150-160. Utilities to be covered by permit. (Repealed.)
All utilities placed within highway rights of way shall be covered
by permit including adjustments and work performed in connection with utilities
agreements. TV cable companies shall be handled in all respect like utilities,
except they are considered as a highway right of way relocation item and are
not placed under formal utility agreements. Authorization is handled by an
exchange of letters. When proposed highway projects encompass existing utility
facilities that do not require adjustment, Form CE-7 shall be prepared and
submitted stating that "future adjustment cost will be borne by the
state." No permit fee shall be charged.
NOTE: Where utility facilities remain in place or are
located longitudinally in the area covered by the comprehensive agreement,
reimbursement for future adjustment will fall within the guidelines as
established for that policy. Form CE-7 shall be prepared and submitted as
mentioned above outlining the cost responsibility for future adjustment to be
that the Commonwealth will pay for one-half the non-betterment cost of said
adjustment.
24VAC30-150-170. Permit for adjustments in connection with
utility agreement or ut-11 estimates, or both. (Repealed.)
Permits for work covered by utility adjustment agreements,
need not be processed until the work has been satisfactorily completed.
However, the permits must be processed prior to the pavement of the final
voucher for the Commonwealth's share of the adjustment cost. (Refer to Utility
Relocation Manual, Volume III). A memorandum shall be prepared at the time of
authorization by the district or central office utilities section whichever is
governing the work, noting when substantial variances have been allowed and for
what reasons with the Land Use Permit Manual.
24VAC30-150-180. Permits for utility adjustments not in
connection with utility agreement. (Repealed.)
Permits for utility adjustment not covered by agreement (such
as when the entire cost of adjustment is to be borne by the utility company)
shall be approved by the district administrator prior to any work being
performed within highway rights of way. (24VAC30-150-140 requirements apply as
well).
24VAC30-150-190. Utilities to conform with section on
accommodation of utilities. (Repealed.)
All utilities placed within highway rights of way shall conform
to the requirements of Part III of this chapter (24VAC30-150-1100 et seq.)
whether covered by utility agreement or normal permit.
Article 3
Permit Charges, Bonds (Continuous Performance), Guarantee Fees, and Irrevocable
Letters of Credit
24VAC30-150-200. [Reserved] (Repealed.)
24VAC30-150-210. Permit charges. (Repealed.)
A permit charge shall be assessed on all permits, unless
otherwise noted in this manual, to offset the cost of processing permit applications
and making necessary inspection of work performed under permit to ensure
compliance with requirements for the safety and convenience of the traveling
public, the preservation of the structural integrity and aesthetic value of
highway facilities and engineering analysis of proposed work.
24VAC30-150-220. Permit charges not required. (Repealed.)
No permit charge will be required of the United States Government
or agency of the Commonwealth of Virginia. Permit charges are not required for
permits issued in connection with utility agreements or UT-11 estimates.
(Utility adjustments made at utility companies' expense shall require a permit
charge, provided the adjustment work is being undertaken for the sole benefit
of the utility company.) See 24VAC30-150-320 for additional permits where no
fee is required.
24VAC30-150-230. Permit charges required of cities, towns and
counties. (Repealed.)
Incorporated cities, towns and counties are required to pay
permit charges for any work in connection with a proprietary function of such
city, town or county.
24VAC30-150-240. Cities, towns and counties may furnish
ordinances or resolutions. (Repealed.)
Cities, towns and counties may furnish official ordinances or
resolutions in lieu of a bond, guarantee fee or irrevocable letter of credit
for the work performed under permit. Should the localities use a contractor as
agent to perform work within highway rights of way, he shall furnish the
department a performance bond guarantee fee or irrevocable letter of credit in
a minimum amount of $10,000 to cover the performance of the work.
24VAC30-150-250. Payment of charges. (Repealed.)
All permit charges shall be paid either by check, money order
or prepaid coupons issued by the Virginia Department of Transportation. The
resident engineer may require cashier or certified check in lieu of personal or
firm check. All checks and money orders shall be made payable to the TREASURER
OF VIRGINIA.
24VAC30-150-260. Guarantee fees; irrevocable letter of
credit. (Repealed.)
Unless otherwise stated in the manual, a guarantee fee, irrevocable
letter of credit or surety bond shall be required on all permits issued.
(Additional information contained in 24VAC30-150-270).
A. Guarantee fees - A guarantee fee is a cash amount paid
by the proposed permittee in advance of permit issuance to cover the
performance of work within highway right of way. When work covered by the
permittee is completed to the satisfaction of the resident engineer, the
guarantee fee is refunded in its entirety to the permittee. The guarantee fee
may be paid by personal check, cashier check, certified check, or money order.
Should the permittee fail to complete the work to the
satisfaction of the resident engineer, then all or whatever portion of the
guarantee fee that is required to complete work covered by permit or restore
the right of way to its original condition shall be retained by the department.
Refund of guarantee fees are processed by the fiscal
division upon notification by the resident engineer on Form MP-70 that the work
has been completed. Normally, six to eight weeks should be allowed for return
of guarantee fee once notice has been received by the permit office.
A guarantee fee can be used in conjunction with any
pressurized two-inch pipeline or less carrying non-flammable liquid and is
encased, or any four-inch unpressurized gravity flow pipeline or less, so
installed by the resident or his representative. It also can be used in a
situation when a multiple utility installation is proposed such as water,
sewer, telephone, gas line, etc., provided that upon completion of the
installation of the various lines, continuous bonding coverage is obtained by
the permittee or utility company or companies taking over service and
maintenance of these lines or by ordinance or resolution by the local county,
city, town or authority.
NOTE: The completion notice - Form MP-70 will not be
processed by the residency until said continuous bonding coverage has been
approved by the central office.
B. Irrevocable letter of credit
1. Irrevocable letter of credit may be used in lieu of
guarantee fee or performance bond (See Form MP-231). This letter of credit is
furnished by a bank and is used to verify a line of credit that will be set
aside to provide for coverage of work performed by the permittee or his agent
in accordance with the approved permit.
2. Irrevocable letter of credit agreement - This is an
agreement between the department and the permittee or his agent outlining the
responsibilities of each party concerning payment of cost due to default of
work covered under the permit, in accordance with the irrevocable letter of
credit issued by the bank (See Form MP-230).
Both the irrevocable letter of credit (Form filled in and
signed by a bank official, Form MP-231) and the irrevocable letter of credit
agreement (agreement to be filled in and executed by permittee or his agent
Form MP-230) should be made a part of the permit assembly when forwarding
through channels for approval. When permits are issued on the district level,
the district administrator should execute the irrevocable letter of credit
agreement on behalf of the department.
An irrevocable letter of credit may be used for the same
coverage noted under subsection A of this section. Also, completion procedures
shall mirror those as outlined under subsection A of this section.
24VAC30-150-270. Continuing bonds and performance bonds. (Repealed.)
All bonds prepared on Form MP-20 shall indicate what permit
the bond is for and define what type of work the bond covers, giving permit
number, and whether it is a continuous bond or a performance bond.
A. Continuing bond, prepared on Form MP-20. They are
required on all permits covering installations within highway rights of way
that are of a continuous nature. The estimated amount of the bond is the amount
the resident engineer anticipates it will take to complete or restore the work
should the permittee fail to do same. The purpose of this type of bond is to ensure
proper maintenance of the installation; to ensure the removal or relocation of
the installations when deemed necessary for the safety of the traveling public;
also for improvements or reconstruction of the highway facility. The bond shall
remain in full force as long as the work covered under the permit remains
within the highway rights of way.
B. Performance bond, prepared on Form MP-20. They are for
the actual performance of the work covered by the permit. The estimated amount
of the bond is the amount the resident engineer anticipates it will take to
complete or restore the work should the permittee fail to do same. Once the
work has been completed to the satisfaction of the department, the performance
bond may be cancelled. Responsibility for the work covered by the permit shall
not be eliminated until such time as a completion notice has been released by
the resident engineer, and coverage under the performance bond shall remain in
effect until the bond has been cancelled by the central office permit section.
24VAC30-150-280. Definition of terms. (Repealed.)
1. "Initial permit charge" -- This charge is the minimum
charge for permit work performed within the highway right of way. When there is
more than one type of installation involved with a permit application, the
initial permit charge should be assigned to the type of installation in which
the major portion of the work is to be done.
2. "Additive permit charge" -- This charge is
added when there is more than one of a major installation or more than one type
of installation required, and an additional fee is added to the initial permit
charge.
24VAC30-150-290. Requirements for permit charges, bonds and
guarantee fees, irrevocable letters of credit. (Repealed.)
District administrators and resident engineers should determine
the amount of time and cost of handling permits for the various operations and
should require permit charges, bond fee, guarantee fees, irrevocable letter of
credit amounts, that are commensurate with the installation involved. It should
be noted that the minimum charges for permit fees, recommended bond guarantee
fees and irrevocable letter of credit amounts are just that, minimum
recommended fees and amounts. The resident engineer is responsible for setting
the fees to cover whatever work is done under permit at an amount that he feels
will adequately cover the department's cost to process and inspect the permit
or recover whatever costs are incurred due to default by the permittee to
complete the work. It is the responsibility of the permittee to obtain the
necessary bonding coverage.
If the permit is to be issued for more than one type of
installation, (for example, parallel facility and a highway crossing) the
permit charge should be computed by combining the charges required for both
types of installation. The initial permit charge (major installation) plus
whatever additive (minor installation) charges that may be required for other
installations involved with the permit application, shall constitute the permit
fee. When computing cost for a major installation, if there is more than 100
feet or one pole, entrance, fire hydrant, etc., there will be no additional
charge for the first 100 feet pole, etc., but the additive permit charge will
come into affect on the second 100 feet pole, etc., for the major installation.
On all minor installations, the additive charges shall be assessed on the first
100 feet pole, etc.
Attachment charges shall be assessed for any attachment to
an existing or proposed pole line covered under a permit where one utility or
TV cable company is proposing to ride the poles of another company. A separate
permit shall be obtained by the riding company and initial and additive permit
fees shall be charged.
Permit fees for underground installations are computed as
follows:
Parallel installation
a. Up to 3,000 lin. ft. normal permit charge will be
assessed, plus $5 additive permit charge for each additional hundred feet or
fraction thereof.
b. Over 3,000 lin. ft. normal permit charge shall be
assessed, plus the permittee shall pay full salary and expenses of an assigned
inspector.
EXAMPLES OF PERMIT COMPUTATIONS
EXAMPLE: (A) 200 feet of parallel underground installation,
one crossing and one pole.
200 feet = initial permit charge of $40 + additive
underground charge of $5 = $45
1 crossing = additive crossing charge = $5
1 pole = additive pole charge = $5
Total $55
EXAMPLE: (B) 2,000 feet of parallel underground
installation, one crossing and one pole.
2,000 feet = Initial Permit Charge of $40 + additive
underground charge of $95 = $135.
1 crossing = additive crossing charge = $5
1 pole = additive pole charge = $5
Total = $145
24VAC30-150-300. Schedule of permit charges. (Repealed.)
1. Unless otherwise stated, the Initial Permit Charge shall
be $40 minimum plus the "Additive Unit Charges" covered in 24VAC30-150-310,
if any.
2. The following is a list of Special Permit Minimum
Charges:
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24VAC30-150-310. List of additive permit charges. (Repealed.)
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24VAC30-150-320. No-fee permits. (Repealed.)
The following is a list of permits in which no permit fee is
charged, provided the permittee is a federal, state or local governmental
agency:
Crest stage gauge installations, shelters - school bus,
share-the-ride, etc., water level recorders, access to public fishing waters,
fencing, public boat landings, service roads (constructed by Virginia
Department of Transportation), trash containers, National Park Service signs,
national military park signs, school warning beacons, fire warning signals,
railroad active warning devices, historical markers, banners, tree planting,
decorations. NOTE: Private entrances (where bond is NOT required) do not
require permit fee.
24VAC30-150-330. Guarantee fee, performance and continuous
bond fees; irrevocable letters of credit. (Repealed.)
The following is a list of guarantee fee (G.F.), performance
bond fees (P.B.F.) and continuous bond fees (C.B.F.) and irrevocable letter of
credit (I.L.C.):
A. All publicly or privately owned utility companies, T.V.
cable companies, service authorities, municipalities, counties, etc.,
installing, operating and maintaining facilities within the highway rights of
way, shall secure and maintain a continuous bond, resolution or ordinance in
the case of governmental bodies in the minimum amount of $10,000 per county in
which they operate.
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24VAC30-150-340. Assignment of an inspector. (Repealed.)
When deemed necessary by the Department of Transportation due
to the nature or extent of the work involved, traffic volumes, local
conditions, etc., may assign an inspector to the work in which case a fee of
$40 shall accompany the permit application, and permittee shall pay full salary
and expenses of an assigned inspector or inspectors when warranted.
24VAC30-150-350. Failure to properly carry out the work. (Repealed.)
Whenever it is found that the work is not being performed in
accordance with regulations or specifications of the department or where the
permittee fails to carry on the operation in a continuing manner, thus unduly
increasing the normal inspection expense, the cost of additional inspection
time involved may be deducted from the guarantee fee or irrevocable letter of
credit. However, in such cases, advance notice in writing should be sent by
certified mail, return receipt requested, to the permittee advising that such
charges will be necessary.
Article 4
Time Limit
24VAC30-150-360. [Reserved] (Repealed.)
24VAC30-150-370. Time limit to be commensurate with work
involved. (Repealed.)
The time limit, number of days to complete the work within highway
right of way shall be commensurate with the work involved. In establishing the
time limit, consideration should be given to bad weather, seasonal operations
such as seeding, paving, etc. A realistic time limit should be set and the
permittee given sufficient time to satisfactorily complete the work.
24VAC30-150-380. Commencement of work. (Repealed.)
Normally work should commence within 30 days after the date
the permit is issued. Exception will be allowed on complicated or large
installations where the work will be performed under contract advertised after
the issuance of the permit. Likewise, exceptions may be made when the permit
covers work which must be coordinated with a highway project.
24VAC30-150-390. Extensions of time. (Repealed.)
District administrators are authorized to grant a
reasonable extension of time, not to exceed 6 months on all permits, provided
that the request is made in writing by the permittee at least 10 days prior to
the expiration date. A copy of the approvals must be sent to the highway permit
manager.
If the work covered by the permit has not been completed
after a reasonable extension of time, the permit must be reinstated in
accordance with 24VAC30-150-460. Consideration will not be given to allowing an
extension of permit that has been reinstated after an extension. If the work
covered by the permit after one reinstatement is not completed within the
specified time indicated on the reinstatement, the department will take the
necessary action to have the right of way restored to its original condition,
(the permit will be cancelled in accordance with 24VAC30-150-400 through
24VAC30-150-450) and have the permittee pay the expense of performing the work.
Article 5
Cancellation
24VAC30-150-400. [Reserved] (Repealed.)
24VAC30-150-410. Procedure for cancelling permits - no work
started. (Repealed.)
Upon the expiration of the time limit, a permit becomes invalid
unless the work has been started and an application for reinstatement of time
has been filed at least 10 days prior thereto. The resident engineer should
obtain the original permit issued to the applicant (Sheet No. 1) and return
same with a request for cancellation to the permit manager. In the event that
Sheet No. 1 cannot be obtained, the resident engineer should notify the
permittee in writing to the effect that the permit has been cancelled and
voided, and that no further work can be done on the permit. Notice should be
sent to the permittee by certified mail with return receipt requested.
24VAC30-150-420. Procedure for cancelling permits -
permittee's request no work started. (Repealed.)
In the event the permittee desires to cancel his permit, he
should return the original permit (Sheet No. 1) to the resident engineer, who
in turn will forward same along with a request for cancellation through
channels to the permit manager. (See 24VAC30-150-440)
24VAC30-150-430. Procedure for handling delinquent permits.
(Repealed.)
If, after a reasonable period of time, the permittee has failed
to complete the work to the satisfaction of the resident engineer and a
reinstatement has been granted, or the work has been reinstated and that time
limit has expired or the permittee has become insolvent or is deceased, the
following steps shall be taken to restore the right of way to its original
condition and recoup any funds spent for restoring same:
1. If the permittee is reluctant to complete the work and is
capable of doing so, the resident engineer should notify the permittee in
writing by certified mail, return receipt requested, that the permit has been
cancelled and voided. The permittee should be advised that he should make every
effort to restore the right of way to its original condition within a specified
time period that will be determined by the resident engineer, or the department
will take the necessary steps to restore the right of way to its original
condition and bill the permittee for the expense of performing the work.
2. If the permittee fails to complete the restoration within
the time limit allotted and the work was covered by guarantee fee or
irrevocable letter of credit, that fee shall be used to restore the right of
way. If, however, the work was covered by a bond, the bonding company should be
notified by certified mail, return receipt requested, with a copy sent to the
permittee, advising the bonding company that as surety for the permittee we are
requesting restitution of the right of way by the permittee or their company.
3. It should be noted that failure by the permittee to
complete the work covered under permit may require the department to refuse any
future permit applications submitted by the permittee. The department does have
the recourse of turning the matter over to its attorneys for collection. It
should also be noted that failure on the part of the surety (bonding company)
to stand behind the bond may require the department to cancel any existing
bonds where that company is the surety and remove that company from our
listings as acceptable bonding agents in the future.
4. If the restoration is of such magnitude that the work
cannot be completed by state forces, then the resident engineer shall solicit
bids from qualified contractors and assign the work to contractors based on the
overall low bid. An accounts receivable number should be assigned to the
restoration work as well to recover all departmental cost.
5. Once the right of way has been restored by the
contractor, Form PA-5 shall be submitted to the permit office outlining the
material and labor cost for the contractor's charges. At the same time, Form
A-14 invoice shall be prepared and sent to the permittee or surety, whichever
is applicable, outlining the total cost to complete the restoration by
certified mail, return receipt requested.
6. If restoration can be done by state forces, then an
accounts receivable number should be assigned, and when all charges have been
accumulated, prepare Form A-14 invoice and send it to the permittee or surety,
whichever is applicable, outlining the total cost to complete the restoration
by certified mail, return receipt requested.
7. It shall be the resident engineer's determination as to
whether the right of way should be restored to its original condition or have
the work completed in accordance with the approved permit. This determination
should be based on safety of the traveling public and whether the amount of the
guarantee or bond is sufficient to complete the work, and whether or not state
forces or contract labor, or both, is available to perform the work. The
resident engineer also has the discretion to barricade an entrance until such
time as the work is completed to his satisfaction.
24VAC30-150-440. Charge for permit cancellation. (Repealed.)
The applicable initial permit charge at the time of issuance
automatically becomes the cancellation fee. In the event charges assessed on a
permit which is to be cancelled was more than the initial normal permit charge,
the balance of the permit fee, along with any guarantee fee, will be refunded
upon written request by the permittee.
Refund for balance of the permit fee shall be processed on
Form DA-02-181-(9-62) which is called "Revenue Refund Voucher".
Refund of the guarantee fee shall be processed on Form PA-5.
24VAC30-150-450. Procedure for cancelling bonds. (Repealed.)
Performance bonds can be cancelled only after all permits covered
by the bonds are satisfactorily completed and all claims properly handled. The
insurance company issuing the bond must request that the permit office cancel
the bond. Form MP-70 must be completed and a record on file in the permit
office before cancellation will be granted. The cancellation of a bond cannot
be requested by the permittee to the department. There is no charge for
cancelling a bond. Continuous bonds that cover facilities that are of a
permanent nature must remain in effect as long as the facility is in service.
24VAC30-150-460. Reinstatement. (Repealed.)
Permits which have expired may be reinstated once in lieu of
cancellation, provided the permittee pay the minimum permit charges as the
reinstatement fee. This will avoid the necessity of filing a duplicate
application and processing another permit.
At the time of reinstatement, the resident engineer should
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.
24VAC30-150-470. Completion. (Repealed.)
Upon completion of the work, the resident engineer shall
promptly inspect the work covered under the permit and send a report to the district
administrator and permit manager. Form MP-70 should be used to report the
completion of a permit.
Any work performed by state forces should be charged to an
accounts receivable number and a copy of the A-14 invoice sent to the Fiscal
Division, being sure that the invoice clearly shows the permit number.
24VAC30-150-480. Emergency permits. (Repealed.)
The district administrator or resident engineer has
authority to issue a permit to cover any emergency which requires immediate attention
and which cannot be deferred until a permit can be processed. However,
concurrent with the issuing of the emergency permit, or immediately upon
completion of the work involved, a copy of the permit should be sent to the
central office with a report covering the same.
An emergency would exist anytime the public services of a
group of individuals are interrupted; when the safety of the public is
endangered by a damaged utility such as a ruptured gas line, or when there is a
possibility that damage might occur to public or private property unless
immediate corrective action is taken.
24VAC30-150-490. Waiver of requirements. (Repealed.)
There may be, from time to time, cases of extreme hardship or
other extenuating circumstances encountered involving variance with the
requirements and provisions of this manual. All such cases shall be subject to
review and approval from the central office prior to issuance. The waiver of
requirements of this manual, when approved, does not constitute a change in
policy. Such permits shall in no way be used or accepted as a precedent in
future requests of similar nature.
Part II
General Provisions
Article 1
General Provisions
24VAC30-150-500. General. (Repealed.)
The following general provisions shall apply to all permits,
unless otherwise noted, and shall be made a part of all permits where
applicable. This does not preclude the possibility of additional provisions
when deemed necessary, or when modification of these provisions are required to
meet the needs of a specific permit application. A copy of the approved permit
shall be kept on the job site at all times by the permittee.
24VAC30-150-510. Submission of plans. (Repealed.)
The applicant for the permit must submit plans of his proposed
installations in sufficient time to allow the department to review them and
make any necessary studies.
Where deemed necessary by the engineer, copies of a
complete drainage layout based on a drainage study by a qualified engineer will
be furnished by the permittee along with his plans. This layout will include
the ultimate development and clearly show how the permittee proposes to handle
the drainage and runoff from his development.
24VAC30-150-520. Engineering design requirements. (Repealed.)
The proposed installation granted by this permit must 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,
etc. Also any existing utilities in relation to the permittee's work whether
above or below ground shall be shown. Location of poles, guys, pedestals,
relief values, 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 (when applicable), boring pushing, jacking,
etc.
24VAC30-150-530. Responsibility of applicant. (Repealed.)
Applicants to whom permits are issued shall at all times indemnify
and save harmless the Commonwealth Transportation Board and the Commonwealth of
Virginia from responsibility, damages or liability arising from the exercise of
the privilege granted in such permit.
24VAC30-150-540. Responsibility for future maintenance and
protection. (Repealed.)
The permittee assumes full responsibility for any and all
damages that may occur as a result of the work performed under this permit.
Furthermore, the department will in no way be responsible for any damage to the
facility being placed as a result of future maintenance or construction
activities performed by the department. Therefore, every effort shall be made
to place the facilities so as to preclude the possibility of damage. Permittee
is responsible for the continuing maintenance of those facilities placed within
highway rights of way.
24VAC30-150-550. Future adjustment's permittees'
responsibility. (Repealed.)
The permittee agrees to move, remove, alter, or change any installation
that interferes with the ultimate construction of the highway in alignment or
grade without cost to the Virginia Department of Transportation.
24VAC30-150-560. "As built" plans. (Repealed.)
The utility or developer or both, shall maintain in their
local or central office, accurate "as built" plans and profiles of all
work completed under permit and make such records available to department
personnel upon request.
24VAC30-150-570. Revocable permits. (Repealed.)
A permit may be denied any applicant, and all permits issued
by the Commonwealth Transportation Board may be revoked whenever, in the
opinion of the Commonwealth Transportation Commissioner, the safety, use or
maintenance of the highway so requires.
24VAC30-150-580. Department's rights to stop work. (Repealed.)
The department reserves the right to stop the work at any time
the terms of the permit are not satisfactorily complied with, and the
department may, at its discretion, complete any of the work covered in the
permit at the expense of the permittee. If it is in the best interest of
traffic safety, the department may complete or have completed at the expense of
the permittee any of the work that must be done to properly protect the
traveling public.
24VAC30-150-590. Work to be performed to satisfaction of
department. (Repealed.)
All work done under this permit on the right of way shall in
all respects, including location, alignment, elevation and grade, manner of
performing the work, restoration of conditions, etc., be subject to department
directions and shall be done to the satisfaction of the department's resident
engineer or his representative.
24VAC30-150-600. Correction of hazardous conditions. (Repealed.)
The permittee shall immediately have corrected any condition
which may arise as a result of these installations that the inspector or
engineer deem hazardous to the traveling public or state maintenance forces
even though such conditions may not be specifically covered in these special
provisions or in the Land Use Permit Manual.
24VAC30-150-610. Excavation. (Repealed.)
No excavated material is to be placed on the pavement
without written permission of the department's engineer, and then only for a limited
period of time. When so permitted, the pavement shall be satisfactorily cleared
by an approved method. No cleated equipment is to be used on the pavement
without proper protection to the pavement. The work shall be constructed in
such a manner that no water, mud, or debris will drain or be tracked onto the
roadway. Erosion and siltation control shall be provided in accordance with
Virginia Department of Transportation Road and Bridge Specifications (current
edition). Where extended work prevails, the permittee will be required to
cleanup as the work progresses. The permittee shall see that dusty conditions
are kept to a minimum, either by addition of water or calcium chloride at all
times.
24VAC30-150-620. Unsatisfactory performance of work. (Repealed.)
The permittee agrees that if the work authorized by this permit,
including any work necessary to restore shoulders, ditches and drainage
structures to their original condition, is not completed by the applicant to
the satisfaction of the engineer, the department will do whatever is required
to restore the area within the right of way to departmental standards, and the
permittee will pay to the Commonwealth the actual cost of completing the work.
24VAC30-150-630. Condition of connections and entrances. (Repealed.)
Road and street connections, private and commercial entrances
are to be kept in a satisfactory condition. Entrances shall not be blocked.
Ample provisions must be made for safe ingress and egress to adjacent property
at all times. Where entrances are disturbed, they shall be restored to the
satisfaction of the department.
24VAC30-150-640. Necessity to assign inspectors. (Repealed.)
If, during or before construction, it is deemed necessary by
the department to assign inspectors to the work, the permittee is to pay the
department an additional inspection fee in an amount that will cover the
salary, expense allowance and mileage allowance, equipment rental, etc., of the
inspector or inspectors assigned by the department for handling work covered by
this permit. Said inspection fee to be paid promptly each month on bills
rendered by the department.
24VAC30-150-650. Absence of inspector. (Repealed.)
The absence of a state inspector does not in any way relieve
the permittee of his responsibility to perform the work in accordance with
provisions of this permit, and no changes shall be made without the resident
engineer's approval.
24VAC30-150-660. Tree roots. (Repealed.)
No trees or shrubs shall be cut or trimmed, and no tree
roots over three inches in diameter are to be cut without special permission of
the Environmental Section of the department and covered by a properly executed
"Tree Trimming Permit". All roots under three inches in diameter are
to be clean cut with an axe or saw. Particular attention should be given not to
splinter the roots next to the tree. Wherever possible, tunneling through or
under roots should prevail instead of cutting anchor roots.
24VAC30-150-670. Road drainage. (Repealed.)
Road drainage shall not be blocked. The shoulders, ditches,
roadside and drainage facilities, as well as the pavement, shall be kept in an
operable condition satisfactory to the department. Necessary precautions shall
be taken by the permittee to ensure against siltation of adjacent properties,
streams, etc., in accordance with the department's standard practices.
24VAC30-150-680. Protection of existing utility facilities.
(Repealed.)
The permittee shall comply with the terms of the
"Underground Utility Damage Prevention Act," Title 56, Chapter 10.3,
§§ 56-265.14 through 56-265.32 of the Code of Virginia, as amended, prior to
doing any excavation to ensure that no damage will be done to existing
underground facilities. Where underground facilities are encountered, they
shall be protected, even to the extent that hand excavation shall be performed.
The department cannot emphasize strongly enough that existing utility
facilities shall be protected and that extreme caution shall be exercised.
24VAC30-150-690. Conflict with existing utilities. (Repealed.)
Any conflicts with existing utility facilities shall be resolved
between the permittee and the utility owners involved.
24VAC30-150-700. Responsibility to procure all necessary
permits, etc. (Repealed.)
The permittee, or developer, shall procure all additional governmental
permits and licenses, pay all charges, fees and taxes, give all notices
necessary and incidental to the due and lawful prosecution of this work. The
permittee, or developer, shall determine the applicability of other permits in
performance of this work, and shall secure such permits as may be required and
submit the permit for examination upon request by the department.
24VAC30-150-710. Notification work starting. (Repealed.)
Prior to starting work covered under this permit, the
permittee shall notify the resident engineer 48 hours in advance.
24VAC30-150-720. Notification work completed. (Repealed.)
Upon completion of the work under this permit, the permittee
shall notify the resident engineer by letter giving the permit number, county,
route and name of the party or parties to whom the permit was issued. (Form
MP-232 shall be used for this purpose; also, see 24VAC30-150-470 of the Land
Use Permit Manual.)
24VAC30-150-730. Complying with department's requirements.
(Repealed.)
Any additional provisions or department standards for entrances,
traffic control, construction techniques, material requirements, etc., shall be
applicable to this permit and the permittee shall make himself aware of these
requirements and comply with same when performing the work covered under this
permit, including but not limited to the department's "Minimum Standards
of Entrances to State Highways," "Road Designs and Standards,"
and "Road and Bridges Specifications" (current editions).
24VAC30-150-740. Tree trimming or tree removal, or both. (Repealed.)
No tree trimming or tree removal shall be permitted in connection
with the permit unless a tree-trimming application (Form TT) is completed and
is attached to and made a part of the permit application and processed as one
permit. The permit fee and guarantee fees for the regular permit should include
the tree work involved. Where landscape is disturbed on state right of way, it
shall be replaced with a minimum of 2 inches of top soil and reseeded according
to state's specifications.
The application for tree trimming will normally be
inspected by the district environmental coordinator and approved or denied by
the district administrator.
Such application that includes tree removal and special or
unusual cases involving tree trimming must be forwarded to the permit manager
to be reviewed by the maintenance division, the environmental division and
others as may be concerned, and approved by the environmental engineer.
Permits shall not be granted for removing trees or grading
on the right of way of the interstate system or on the limited access portions
of the arterial network and other systems, or otherwise changing their
appearance, except in unusual circumstances where such work would improve the
appearance, safety or operation of such highways. (See Highway Commission
Resolutions dated 7-15-65 and 10-25-73.)
A tree-trimming permit application is not needed when the
cutting or trimming of trees is required in conjunction with utility relocation
work performed under all types of utility relocation agreements.
Permit applications that do not require any tree trimming
or tree removal shall clearly indicate same on the application.
24VAC30-150-750. Adjusting existing property pins and right
of way monuments, highway signs, etc. (Repealed.)
The permittee is responsible for identifying locating, adjusting
and/or relocating property pins and right-of-way monuments or any combination
of these tasks, including making all arrangements therefor. Any highway signs,
right-of-way markers, etc., disturbed as a result of this work shall be
accurately reset by the permittee immediately following the work in the
vicinity of the disturbed facility.
24VAC30-150-760. Traffic protection. (Repealed.)
Traffic shall not be blocked or rerouted without special written
permission of the department's engineer. Where one-way traffic is permitted to
be maintained, it shall be flagged 24 hours per day by trained flag persons.
Traffic shall at all times be properly protected by adequate lights, barricades
and signs, as specified in the department's "Typical Traffic Control for
Work Area Protection Manual" or as directed by the resident engineer or
his representative. Signs shall be in accordance with specifications of the
"Manual on Uniform Traffic Control Devices", current edition.
Article 2
General Underground Provisions
24VAC30-150-770. General underground provisions. (Repealed.)
Underground installations on highway rights of way shall
comply with the General Provisions of the Land Use Permit Manual (current
edition) and shall also include, but not limited to, the following provisions.
24VAC30-150-780. Responsibility of district administrators
and resident engineers. (Repealed.)
It is the duty of the district administrators and resident engineers
to keep and maintain all roads in a safe travelable condition at all times, and
therefore, must have the full cooperation of the permittee and all concerned.
It must be understood with the permittee that in case it is found practicable
and necessary to do so, the district administrators and resident engineers have
the authority to suspend the work and discontinue issuance of permits.
24VAC30-150-790. Open trenches. (Repealed.)
Long open trenches will not be permitted. The maximum
length trench at any time, including backfilled portion which is not suitable for
traffic, shall not exceed 500 feet. Trenches are not to be left open over night
unless otherwise directed by the resident engineer.
When installation is made in the shoulder or other traveled
portions of roadway which are not hard-surfaced, the top 10 inches of trench
must be replaced with good bank gravel or crusher-run stone with a capping or
crusher-run material over the entire shoulder.
24VAC30-150-800. Backfill and compaction. (Repealed.)
All backfilling of trenches shall be in layers of not greater
thickness than six inches, and shall be made to a minimum of 95% theoretical
density, at optimum moisture content, in accordance with the department's
"Road and Bridge Specifications" (current edition). All materials
used in restoration of the pavement including concrete, plant mix, etc., must
be in accordance with current department standards.
24VAC30-150-810. Pavement restoration. (Repealed.)
On pavement cuts, base and pavement material shall be replaced
to one and one-half times the thickness of the original material, and
replacement material used must conform with highway specifications. Compaction
shall be by pneumatic tampers, or by other approved methods. Compaction by
water will not be permitted. The permittee will be held responsible for any
sinks in backfill or pavement for a period of three years after the completion
of work. The backfill trench shall be maintained to the satisfaction of the
department. Permittee shall be responsible for the continuing maintenance of
the facilities placed within the highway right of way.
24VAC30-150-820. Boring, etc., under roadway crossing,
minimum cover. (Repealed.)
Where pavement exists, all underground crossings shall be bored,
pushed, or jacked and shall have a minimum cover of 36 inches below finished
grade, including 36 inches below the ditch line and lower where other
underground facilities exist, unless conditions dictate otherwise. The pavement
shall not be cut unless otherwise approved by the highway permit manager or
prevailing authority, and then only if justifiable circumstances prevail or
proof is shown that a thorough attempt has been made to push, bore, or jack.
All roadway crossings shall be made as nearly as possible at right angles to
the center of the road.
24VAC30-150-830. Open cutting allowed. (Repealed.)
Whenever pavement is permitted to be cut, not over one-half
of its width shall be disturbed at one time; and the first half shall be
completely restored to a satisfactory travelable condition before the second
half can be opened. All backfill material within the roadway shall be crushed
stone. Where the pavement is disturbed or weakened, all or portions of it as
deemed desirable by the department shall be restored the same day in the manner
as directed by the department and to the satisfaction of the department's
resident engineer. When open cutting is permitted in road crossings, the
permittee shall resurface the roadway with like material that is existing for a
distance to be determined by the resident engineer on either side of the
disturbed area from edge of pavement to edge of pavement. A smooth grade shall
be maintained from the centerline of existing road to the edge of existing
pavement to preclude the forming of false gutters or the ponding of any water
on the roadway, or both.
24VAC30-150-840. Location of parallel facilities. (Repealed.)
All parallel installations placed within the highway right of
way shall be placed on the outer 3 to 5 feet edge of the right of way unless
conditions dictate otherwise.
24VAC30-150-850. Minimum cover (parallel). (Repealed.)
All parallel underground installations with exception of cable
TV and telephone placed within the highway right of way shall be a minimum of
36 inches cover below finished grade unless conditions dictate otherwise. TV
and telephone cable shall have a minimum cover of 30 inches below finished
grade.
24VAC30-150-860. Above ground mounted installations. (Repealed.)
Where feasible, all above ground-mounted installations (such
as poles, guys, fire hydrants, telephone pedestals, etc.) shall be located
adjacent to the right-of-way line. All manhole covers, valve boxes, etc., shall
be installed in the shoulders or embankment two inches below the existing
contours.
24VAC30-150-870. Marking of underground utilities. (Repealed.)
When underground utilities are placed within the highway right
of way, their location may be marked. If marked, they are to be in accordance
with the appropriate color coding as established under § 56-265.21 of the Code
of Virginia. The location of signs and markers, indicating the type of
underground line, who to contact (telephone number), shall be placed when
necessary at the discretion of the resident engineer. Generally, the location
of these signs shall be on the outer edge of the right of way out of the way of
normal maintenance operations. Actual locations shall be approved by the
resident engineer. Erection and maintenance of these markers shall be the
responsibility of the utility owner.
24VAC30-150-880. General overhead provisions. (Repealed.)
Overhead installations on highway rights of way shall comply
with the General Provisions of the Land Use Permit Manual (current edition) and
shall also include, but not be limited to, the following provisions:
24VAC30-150-890. Overhead installation. (Repealed.)
All overhead installations shall not be placed with less than
18 feet vertical clearance of all primary and secondary roads; a minimum of 21
feet vertical clearance shall be required on interstate highways at any point
at any time. In all cases, vertical clearances shall comply with the standards
as required by the National Electric Safety Code (current edition). All roadway
crossings shall be made as nearly as possible at right angles to the center of
the road.
24VAC30-150-900. Location of overhead parallel facilities.
(Repealed.)
All overhead parallel installations placed within the highway
rights of way shall be placed on the outer 3 to 5 feet edge of the right of way
unless conditions dictate otherwise. However, no aboveground installations
(poles, anchors, guys, etc.) shall be placed between the ditch line and the
traveled roadway.
Article 3
Commercial Entrance Provisions
24VAC30-150-905. Compliance. (Repealed.)
Commercial entrances shall comply with the applicable general
provisions of the Land Use Permit Manual (current edition) and shall also
include, but not be limited to, the following provisions; note vertical
clearances described in 24VAC30-150-890 are applicable.
24VAC30-150-910. Entrance to be constructed to department
standards. (Repealed.)
The commercial entrance granted by this permit shall be constructed
exactly as shown on the permit or the accompanying sketch, or both. The
entrance shall be constructed in accordance with the department's
"Commercial Entrance Design Standards"; the "Minimum Standards
of Entrances to State Highways"; and the department's "Road and
Bridge Specifications" (current editions).
24VAC30-150-920. Base materials. (Repealed.)
The entrance is to be constructed with base material and surface
material meeting department specifications to depth and width indicated on
permit or the accompanying sketch, or both. Base materials are subject to
inspection for proper grade and depth by resident engineer prior to paving.
24VAC30-150-930. Installation of drainage pipe. (Repealed.)
If a pipe is required under the entrance, it shall be of sufficient
length to allow a 3 to 1 slope from top of curb to ends of pipe, and shall be
installed exactly as shown on the permit or the accompanying sketch, or both.
Entrance is to be constructed so as not to impair drainage within the right of
way, with any and all drainage pipe being supplied by the permittee and
approved by the department.
24VAC30-150-940. Entrance islands. (Repealed.)
Concrete curb island(s) shall be backfilled, top-soiled and
neatly dressed flush with the top of the curb for the entire length of the
curbing. No parking is to be allowed in curb island, or between curb and edge
of pavement, in or adjacent to entrances. Signs are also prohibited in islands
within the highway rights of way.
24VAC30-150-950. Grading near existing utility. (Repealed.)
This permit does not grant permission to grade near, adjust,
or disturb in any way existing poles or underground lines. Permission to do so
must be obtained from the proper utility company, and any expenses incurred
shall be worked out between the permittee and the utility owner involved. The
permittee shall comply with the terms of the "Underground Utility Damage
Prevention Act," Title 56, Chapter 10.3, §§ 56-265.14 through 56.265.32 of
the Code of Virginia.
24VAC30-150-960. Commercial entrance curbing. (Repealed.)
For commercial entrances requiring CG-2 or CG-6 curbing on roads
with shoulders, the minimum distance from edge of pavement to the beginning of
the curbing should be at least 8 feet for secondary roads and 12 feet for
primary roads.
24VAC30-150-970. Planting of shrubbery. (Repealed.)
Prior to any planting of shrubbery on the right of way, a permit
outlining the proposed planting must be received and approved by the
department.
24VAC30-150-980. No signs on right of way. (Repealed.)
No signs or advertising of any nature shall be placed on
highway right of way or overhang the right of way.
24VAC30-150-990. Placing of guardrail. (Repealed.)
Guardrail, if specified, shall be installed as shown on the
permit or on the accompanying sketch or both, and shall comply with department
standards.
24VAC30-150-1000. No obstructions in entrance. (Repealed.)
The roadway shoulder area shall not be impeded by a headwall,
curb or other obstruction, and normal shoulder slope of the roadway shall be
maintained across the entire width of the entrance. A neatly secured joint is
to be provided where entrance pavement joins existing highway. The permittee
shall be responsible for correction of entrance pavement (when necessary) if
future resurfacing is performed on the highway pavement.
24VAC30-150-1010. Drainage kept clear of obstructions. (Repealed.)
Existing drainage shall not be interfered with and shall be
left in a satisfactory manner.
24VAC30-150-1020. Right of way cleared to department's
satisfaction. (Repealed.)
The right of way is to be left in a satisfactory condition consistent
with adjoining sections of the highway, with all disturbed areas restored to
their former condition.
24VAC30-150-1030. Failure to complete work. (Repealed.)
If the permittee fails to complete the work, the department
shall do whatever is necessary to restore the area within the right of way to
its original condition, or have the work completed, or have the entrance
barricaded, whichever is applicable. The actual cost for same shall be the
responsibility of the permittee.
24VAC30-150-1040. Entrance will not be permitted to be opened
for business. (Repealed.)
Permittee shall complete the entrance to the total satisfaction
of the department before the entrance can be opened for business. Should the
work not be completed to the satisfaction of the department, the department
shall take whatever steps necessary to have the entrance closed.
24VAC30-150-1050. Responsibility for maintenance. (Repealed.)
Entrances and curbs shall be maintained by the permittee exactly
as indicated on the permit. Section 33.1-198 of the Code of Virginia stipulates
that: "All commercial entrances . . . shall be maintained by the owner of
the premises at all times in a manner satisfactory to the Commonwealth
Transportation Commissioner." The permittee to whom this permit is issued
shall comply with this section of the Code.
24VAC30-150-1060. Denying or revoking commercial entrances
permits. (Repealed.)
In accordance with § 33.1-12 (3) of the Code of Virginia, concerning
the general rules and regulations and as established in the "General Rules
and Regulations of the Commonwealth Transportation Board," 24VAC30-20-10
et seq.: "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." The
permittee for whom this permit is issued shall be required to comply with this
section of the Code of Virginia.
24VAC30-150-1070. Upgrading commercial entrances. (Repealed.)
The upgrading of a commercial entrance may be required, but
not necessarily limited to the following reasons:
a. When the entrance has been determined to be unsafe for
public use because of physical erosion of the entrance, increase motor vehicle
traffic on the main thorough fare. Original design standards become so
antiquated that safe ingress and egress can no longer be made.
b. When the commercial use of the property or volume of
traffic in and out of the entrances changes significantly to require upgrading,
etc.
c. When the entrance becomes unserviceable due to large
volumes of traffic in and out of entrances; heavy equipment; deterioration of
the entrance by natural causes, etc.
24VAC30-150-1080. Unauthorized encroachment. (Repealed.)
The issuance of this permit application does not authorize encroachment
on properties other than that which are owned or controlled by the department.
24VAC30-150-1090. Special provisions for blanket permits.
(Repealed.)
Blanket permit connections shall comply with the General Provisions
of the Land Use Permit Manual, (current edition) and shall include, but are not
limited to, the following provisions.
A. These special provisions shall govern the construction
of any service connection covered by this permit on the __________ (primary or
secondary) system of roads in county or counties as indicated on the face of
the permit. (the interstate system or limited access rights of way are not
covered by this blanket permit.)
B. This permit will expire on June 30, following the date of
issuance. The time will be extended for a period of one year when use of this
permit justifies such extension of time. Before such extensions of time will be
granted, all work under this permit shall have been performed in a satisfactory
manner. An annual fee of $100 per county, per road system, for each blanket
permit must be submitted with initial application and paid in advance of
granting further annual extensions.
C. The resident engineer, if deemed necessary, reserves the
right to require the __________ (Name of permittee) to apply for a regular
permit with permit fee on any installation covered under this permit.
D. Immediately upon completion of each and every individual
service connection made under this permit, a sketch in triplicate shall be sent
to the resident engineer, Virginia Department of Transportation, __________
(Residency), with the following information shown thereon:
(1) Permit Number
(2) Number of line crossings
(3) Approximate skew with centerline of highway
(4) Date of installation
(5) Location (route number and distance in tenths of a mile
to nearest intersection)
(6) Name and address of property owner for which connection
is made
(7) Location of line from which service connection is made
in relation to the center-line of the highway. State whether line is existing
or new.
E. Whenever a series of service connections are made on one
route to different subscribers, one notification as outlined in Section D will
be satisfactory if all of the information as required in Section D is given for
each connection.
F. No new poles, pedestals, etc., are to be located on
Virginia Department of Transportation rights of way in connection with this
blanket permit. However, service connections can be made under this permit from
existing lines which are now located on the right of way.
G. In cases of underground installation, the minimum cover
shall be not less than 36 inches.
H. __________ (Name of permittee) will make the crossing
conform to the latest requirements of the appropriate National Safety Code.
I. In cases of underground crossings, the crossings shall
be made by boring, jacking, etc. Cutting of the pavement will not be permitted.
J. Any item not covered herein shall comply with the
Virginia Department of Transportation's Land Use Permit Manual dated August
1982, or current replacement edition.
Part III
Special Guidelines for the Accommodation of Utility Facilities within
Controlled Access Rights of Way
Article 1
General Provisions
24VAC30-150-1100. Introduction. (Repealed.)
This policy is a guide for all highways that have full or
partial control of access. The Geometric Design Standards for the National
System of Interstate and Defense Highways adopted by the American Association
of State Highway Officials on July 12, 1956, and accepted by the Bureau of
Public Roads on July 17, 1956, provide, in accordance with Section 109 of Title
23, U.S. Code, Highways, 1958, for control of access on all sections of the
Interstate System.
Control of access can be materially affected by the extent
and manner in which public utilities cross or otherwise occupy the highway
right of way.
In order to carry out the intent of Title 23, U.S. Code, a
uniform policy is needed to establish the conditions under which public and
private utilities may be accommodated on the controlled access right of way.
The following statements constitute such a policy. While the policy has as its
primary purpose in increasing and maintaining highway safety and function to
the maximum and ensuring uniformity of utility treatment, it recognizes the
public interest in avoiding unnecessary and costly operation of public utility
organizations. The policy applies to all highways with full control of access
regardless of system. Also it has value as a guide for all highways with
partial control of access.
It is not the intent of this policy to impose restrictions
on the future installations of utility crossing to the extent that would
obstruct the development of expanding areas adjacent to the controlled access highway.
This policy makes no reference to reimbursement to utility
owners for the cost of adjusting or installing utilities on controlled access
highways. Reimbursement is subject to state laws.
It is the intent of this policy to establish procedures whereby
the Virginia Department of Transportation may uniformly administer same.
24VAC30-150-1110. Definition of terms. (Repealed.)
The terminology used in utility guidelines and policies should
depart as little as practical from the conventional, but there is need for some
terms having restricted or special meaning. The following definitions used in
this guide are suggested for use by all.
"Average daily traffic" - The average 24-hour volume,
being the total volume during a stated period divided by the number of days in
that period. Unless otherwise stated, the period is a year. The term is
commonly abbreviated as ADT.
"Backfill" - Replacement of suitable material
compacted as specified around and over a pipe, conduit, casing or gallery.
"Bedding" - Organization of soil or other
suitable material to support a pipe, conduit, casing or gallery.
"Cap" - Rigid structural element surmounting a
pipe, conduit, casing or gallery.
"Carrier" - Pipe directly enclosing a transmitted
fluid (liquid or gas).
"Casing" - A larger pipe enclosing a carrier.
"Coating" - Material applied to or wrapped around
a pipe.
"Conduit or duct" - An enclosed tubular runway
for protecting wires or cables.
"Control of access" - The condition where the
right of owners or occupants of abutting land or other persons to access,
light, air, or view in connection with a highway is fully or partially
controlled by public authority.
"Distribution company" - Any company having
pipelines installed to convey gas or petroleum products to individual service
lines or other mains.
Distribution pipelines are defined, for the purpose of
these guidelines, as pipelines which transmit gas or petroleum products from
distribution centers or transmission lines to other distribution pipelines or
service connections, and the operating pressure will produce a hoop stress of
less than 20 percent of the specified minimum yield strength of the pipe.
"Full control of access" - The authority to control
access is exercised to give preference to through traffic by providing access
connections with selected public roads only by prohibiting crossings at grade
or direct private driveway connections.
"Partial control of access" - The authority to
control access is exercised to give preference to through traffic to a degree
that, in addition to access connections with selected public roads, there may
be some crossings at grade and some private driveway connections.
"Cover" - Depth of top of pipe, conduit, casing
or gallery below grade of roadway or ditch.
"Cradle" - Rigid structural element below and
supporting a pipe.
"Direct burial" - Installing a utility
underground without encasement, by plowing.
"Drain" - Appurtenance to discharge liquid
contaminants from casings.
"Encasement" - Structural element surrounding a
pipe.
"Encroachment" - Unauthorized use of highway
right of way or easements as for signs, fences, buildings, utilities, parking,
storage, etc.
"Expressway" - A divided arterial highway for
through traffic with full or partial control of access and generally with grade
separations at major intersections.
"Flexible pipe" - A plastic, fiberglass, or
metallic pipe having large ratio of diameter to wall thickness which can be
deformed without undue stress.
"Freeway" - An expressway with full control of
access.
"Frontage road" - A local street or road
auxiliary to and located on the side of an arterial highway for service to
abutting property and adjacent areas and for control of access.
"Gallery" - An underpass for two or more utility
lines.
"Grounded" - Connected to earth or to some
extended conducting body which serves instead of the earth, whether the
connection is intentional or accidental.
"Grout" - A cement mortar or a slurry of fine
sand or clay.
"Highway, street or road" - A general term
denoting a public way for purposes of vehicular travel, including the entire
area within the right of way.
"Jacket" - Encasement by concrete poured around a
pipe.
"Manhole" - An opening in an underground system
which workmen or others may enter for the purpose of making installations,
inspections, repairs, connections, and tests.
"Median" - The portion of a divided highway
separating the traveled ways for traffic in opposite directions.
"Normal" - Crossing at a right angle.
"Oblique" - Crossing at an acute angle.
"Pavement structure" -- The combination of
subbase, base course, and surface course placed on a subgrade to support the
traffic load and distribute it to the roadbed.
"Permit" - That document by which the department
regulates or gives approval or both, of the use and occupancy of highway right
of way by utility facilities or private lines.
"Pipe" - A tubular product made as a production
item for sale as such. Cylinders, formed from plate in the course of the
fabrication of auxiliary equipment, are not pipe as defined here.
"Plowing" - Direct burial of utility lines by
means of a "plow" type mechanism which breaks the ground, places the
utility line and closes the break in the ground in a single operation.
"Pressure" - Relative internal pressure in psig
(pounds per square inch gauge)
"Right of way" - A general term denoting land,
property, or interest therein, usually in a strip, acquired for or devoted to
transportation purposes.
"Rigid pipe" - Pipe designed for diametric
deflection of less than one percent.
"Roadside" - A general term denoting the area
adjoining the outer edge of the roadway. Extensive areas between the roadways
of a divided highway may also be considered roadside.
"Roadway" - The portion of a highway, including
shoulders, for vehicular use. A divided highway has two or more roadways.
"Safety rest area" - A roadside area with parking
facilities separated from the roadway provided for motorists to stop and rest
for short periods. It may include drinking water, toilets, tables and benches,
telephone, information and other facilities for travelers.
"Scenic overlook" - A roadside area provided for
motorists to stop their vehicles beyond the shoulder, primarily for viewing the
scenery in safety.
"Semi-rigid pipe" - Pipe designed to tolerate
from 1% to 3% diametric deflection.
Service connections are defined, the purpose of these
guidelines, as gas or petroleum product pipelines installed between a
distribution main, pipelines or other source of supply, and the premise of the
individual customer.
"Slab, floating" - Slab between but not
contacting pipe or pavement.
"Sleeve" - Short casing through pier or abutment
of highway structure.
Transmission pipelines are defined, for the purpose of
these guidelines, as pipelines installed for transmitting gas or petroleum
products at high pressure over long distances from source of supply
distribution centers or other terminal points.
"Traveled way" - The portion of the roadway for
the movement of vehicles, exclusive of shoulders and auxiliary lanes.
"Trenched" - Installed in a narrow open
excavation.
"Untrenched" - Installed without breaking ground
or pavement surface, such as by jacking or boring.
"Vent" -- Appurtenances to discharge gaseous
contaminants from casing.
"Walled" -- Partially encased by concrete poured
alongside the pipe.
24VAC30-150-1120. Utilities to which policy applies. (Repealed.)
The principles set forth in this policy apply to all public
and private utilities including but not limited to communication, TV cable
companies, electric power, water, gas, oil, petroleum products, steam, sewer,
drainage, irrigation, and similar facilities. Such utilities may involve
construction and maintenance of underground, surface or overhead facilities,
either singly or in combination.
This policy shall apply to utilities located within
publicly controlled access right of way.
This policy does not apply to utility lines for servicing
facilities required for operating the controlled access highway.
24VAC30-150-1130. New utility installations along controlled
access highways. (Repealed.)
New utilities will not be permitted to be installed longitudinally
within the controlled access lines of any highway, except that in special cases
such installations may be permitted under strictly controlled conditions and
then only with the approval of the chief engineer. However, in each such case
the utility owner must show:
A. That the accommodation will not adversely affect the
safety, design, construction, operation, maintenance or stability of the
highway.
B. That the accommodation will not be constructed or
serviced or both, by direct access from the thru traffic roadways or connecting
ramps.
C. That the accommodation will not interfere with or impair
the present use or future expansion of the highway.
D. 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 which would result from the
disapproval of the use of such right of way for the accommodation of such
utility.
E. In no case will parallel installations be permitted which
involves tree removal or severe tree trimming.
NOTE: Pole line for roadway lighting facilities shall be
placed in accordance with the department's policy in 24VAC30-150-1650.
24VAC30-150-1140. Existing utilities along proposed
controlled access highways. (Repealed.)
Where an utility already exists within the proposed right of
way of a controlled access highway and it can be serviced, maintained and
operated without access from the through traffic roadways or ramps, it may
remain as long as it does not adversely affect the safety, design,
construction, operation, maintenance or stability of the highway. Otherwise, it
must be relocated.
24VAC30-150-1150. Bridge attachments on controlled access
highways. (Repealed.)
Utilities may be allowed on or through highway grade separation
structures across interstate, or other controlled access highways, over
crossroads, and across major streams or valleys in extreme cases, and then only
when the utility is located off the right of way at both approaches to the
structure. Any exceptions granted for facilities in approaches to the structure
or for access points within the structure must have specific provisions for
installation and servicing same in the permit assembly or be covered by special
agreement. Extreme cases and other exceptions must be approved by the chief
engineer. Permit applications for bridge attachments must include a sketch and
description clearly showing the type of structure and details of the proposed
method of attachment and must be approved by the structure and bridge engineer.
Utility installations shall be located beneath the
structures floor, between the girders or beams, and at an elevation above the
bottom flange of the beam. Attachments to the outside of the exterior beam,
parapets and sidewalks are not permissible unless there is no other alternative
to attach to the bridge structure and a proven need to attach has been
established.
All communication and electric power line attachments shall
be insulated, grounded and carried in a conduit(s) or pipe(s) to manholes at
either end of structure or to the poles at either end of structure, whichever
is applicable.
Water and sanitary sewer attachments need not be encased
but shall be constructed of ductile iron or steel pipe in strict accordance
with all departmental provisions and specifications. Consideration should be
given to providing insulation casing for water line and sewer line attachments
to bridge structures.
Transmission natural gas mains, as well as gas mains that
transmit petroleum products, shall not be attached to highway structures. For
the purpose of these guidelines, a transmission natural gas main is a main that
transmits natural gas, usually under high pressure and for a long distance,
from the source of supply to distribution centers or other terminal points.
Distribution natural gas mains may be attached to highway
structures. All alternate locations for the installation of a distribution
natural gas main shall be considered by the owner prior to requesting that the
main be attached to a highway structure. For the purpose of these guidelines, a
distribution natural gas main is a main that transmits natural gas from
distribution centers to other distribution pipelines or service connections,
with an operating pressure that will produce a hoop stress of less than 20
percent of the specified minimum yield strength of the pipe.
A distribution natural gas main attachment to a bridge
crossing a roadway or navigable waterway is not desirable and will be approved
only if there are no reasonable alternatives.
The construction of a gas main on a highway structure shall
conform to the appropriate USA Standards for pressure piping as published by
the American Society of Mechanical Engineers and all other state, federal and
industry regulations.
Where a controlled access highway crosses a major valley or
river on an existing structure, any utility carried by said structure at the
time the highway route is improved may continue to be so carried when
relocation of the utility would be very costly, and provided the utility can be
serviced without interference with road users.
Expansion of a utility carried by an existing structure
across a major valley or river may be permitted provided the utility can be
installed and serviced without interference with road users.
A new utility will not be permitted to be installed on a
structure across a major valley or river at and after the time the highway
route is improved, except for special cases as covered by 24VAC30-150-1130.
24VAC30-150-1160. Utilities crossing controlled access
highways. (Repealed.)
New utility installations and adjustments or relocations of
existing utilities may be permitted to cross a controlled access highway. To
the extent feasible and practicable, they should cross on a line generally
normal to the highway alignment and preferably under the controlled access
highway. Frequent crossings are not desirable and, where practical, crossings
should be consolidated or grouped at one location.
24VAC30-150-1170. Utilities along roads or streets crossing
controlled access highways. (Repealed.)
Where a utility follows a crossroad or street which is carried
over or under a controlled access highway, provision should be made for the
utility to cross the highway on the locations of the crossroad or street in
such manner that the utility can be serviced without access from the
through-traffic roadways or ramps. Generally the utilities are to be located
within the right of way of the crossroad or street, existing or relocated, and
may cross over or under the highway or be carried on or through the highway
grade separation structure, provided installation and servicing thereof can be
accomplished without access from the through-traffic roadways or ramps. Where
distinct advantage and appreciable cost saving is affected by locating the
utilities outside the right of way of the crossroad or street they may be so
located, in which case they shall be located and treated in the same manner as
utility lines crossing the highway at points removed from grade separation
structures.
24VAC30-150-1180. Overhead utility crossings. (Repealed.)
Overhead utility lines crossing a controlled access highway
from grade separation structures, or those crossing near a grade separation but
not within the right of way of a crossroad or street, in general, should be
adjusted so that supporting structures are located outside the outer edges of
through-traffic roadway side slopes and preferably outside the controlled
access lines. Every effort shall be made to place facilities as far as possible
away from the traveled way. Supporting poles where deemed absolutely necessary
may be placed in medians of sufficient width to provide a minimum of 30 feet
clearance from the edges of both roadways.
If additional lanes are planned, pole placement shall be
determined from the ultimate edges of the roadway. Only if there are no
practical alternatives will the department consider allowing supporting
structures to be placed within the access control lines.
Poles may not be placed in medians of 80 feet or less in
width except where there are cuts of 10 feet or more.
Where right-of-way lines and control of access lines are
not one and the same, as where frontage roads are provided, supporting poles
may be located in the area between them. In extraordinary cases where such
spanning of the roadways is not feasible, consideration may be given to
conversion to underground facilities to cross the highway.
At interchange areas, in general, support for overhead
utilities should be permitted only where all of the following conditions are
met: (a) the above indicated "minimum distance" is provided with
respect to the controlled access highway through-traffic lanes, (b) the
appropriate "minimum distance" from edge of ramp is provided, (c)
essential sight distance is not impaired, and (d) the conditions of
24VAC30-150-1210 "Access for Servicing Utilities," are satisfied.
The vertical clearance to overhead utility lines crossing
controlled access highways shall be a minimum of 21 feet but in no case shall
be less than the clearance required by The National Electrical Safety Code, U.
S. Department of Commerce, National Bureau of Standards. All crossings shall be
constructed as nearly as possible at right angles to the center of the highway.
Where right-of-way lines and the control of access lines are not the same, it
is desirable to place poles or supporting structures outside of the control access
lines.
24VAC30-150-1190. Underground utility crossings. (Repealed.)
Utilities crossing underground below the highway shall be of
durable materials and so installed as to virtually preclude any necessity for
disturbing the roadways to perform maintenance or expansion operations. The
design and types of materials shall conform with appropriate federal,
departmental and industrial specifications. Where governmental controls defer,
the stricter of measures shall apply.
Manholes and other points of access to underground
utilities will not be permitted within the right of way of a fully controlled
access highway, except for unusual circumstances and then only with the
approval of the chief engineer.
Casing, when required on fully controlled access highways,
shall extend from control access lines to control access lines. Casings, when
required on partially controlled access highways, are to be extended a minimum
of 30 feet from the edge of pavement or to the toe of fill whichever may be the
greater. All crossings should be made as nearly perpendicular to the highway
centerline as possible. All underground utility lines crossing existing highways
shall be constructed on straight grade under the roadbed and extend to the
controlled access right-of-way line. Cutoff valves shall be installed at
convenient points on each side of and outside the controlled access right of
way.
Traps, drips, blow outs, etc., shall be located outside the
controlled access right of way. All underground utilities crossing existing
highways shall be made by boring, jacking, tunneling, etc. All boring points
shall be located a minimum of 30 feet beyond the edge of pavement or toe of
fill, whichever may be the greater on partially controlled access highways.
Special consideration should be given to the placement of temporary guardrail,
etc., in areas where deep bore pits are placed near the roadway. This
determination shall be made by the department's representative. Minimum depth
of cover on all underground crossings shall be 3 feet or the minimum
appropriate industrial code, whichever is the greater. Highway drainage
structures shall not be used to accommodate underground utility crossings.
Manholes and other points of access to underground utilities may be permitted
within the partially controlled access right of way only when they are located
beyond the ditch line or toe of slope or both as planned for future widening,
if any. Reference markers should be placed in conspicuous locations outside the
right of way where feasible and in no case shall they be placed more than 5
feet inside the right-of-way line.
24VAC30-150-1200. Utilities in vehicular tunnels. (Repealed.)
As a general rule, utilities will not be permitted to occupy
vehicular tunnels on controlled access highways on new location, except in
special cases as covered by 24VAC30-150-1130.
Utilities which transport a hazardous material shall not be
allowed in a vehicular tunnel under any circumstances.
Where a utility occupies space in an existing vehicular
tunnel that is converted to a controlled access highway, relocation of the
utility may not be required. Utilities which have not previously occupied an
existing vehicular tunnel that is incorporated in a controlled access highway
will not be permitted therein, except in special cases as covered by
24VAC30-150-1130.
24VAC30-150-1210. Access for servicing utilities. (Repealed.)
Access for servicing a utility along or across a controlled
access highway should be limited to access via (a) frontage roads where
provided, (b) nearby or adjacent public roads and streets, or (c) trails along
or near the highway right-of-way lines, connecting only to an intersecting
road, from any one or all of which entry may be made to the outer portion of
the highway right of way.
In those special cases, where utility supports, manholes,
or other appurtenances are located in medians or interchange areas, access to
them from through-traffic roadways or ramps may be permitted but only by
permits issued by the department to the utility owner, setting forth the
conditions for policing and other controls to protect highway users.
Where utilities are located outside the control of access
line and where such utilities may require maintenance from within the highway
right of way, a permit must be obtained from the department.
Advance arrangements should also be made between the
utility and the department for emergency maintenance procedures, when the
initial permit application for the original utility installation is approved.
24VAC30-150-1220. Construction and location details. (Repealed.)
The department has the right to review and approve the location
and design of all utility installations and adjustments affecting the highway
and issue permits for the contemplated work.
24VAC30-150-1230. Manner of making utility installations and
adjustments. (Repealed.)
In general, utility installations and adjustments are to be
made with due consideration to highway and utility costs and in a manner that
will provide maximum safety to the highway users; will cause the least possible
interference with the highway facility and its operation, and will not increase
the difficulty of or cost of maintenance of the highway.
24VAC30-150-1240. Cutting of trees. (Repealed.)
The accommodation of utilities on controlled access rights of
way shall not be granted where excessive cutting of trees is involved.
Consideration will be given for the cutting of trees only in special cases
where there are not other alternatives, and only with the approval of the chief
engineer.
24VAC30-150-1250. Underground parallel utilities. (Repealed.)
Parallel underground utilities shall not be placed within limited
access rights of way except in cases where there appears to be no other
solution, and then only with the approval of the chief engineer. In no case
will parallel installations be permitted which involve tree removal or severe
tree trimming.
24VAC30-150-1260. Grading. (Repealed.)
Grading slopes and banks within controlled access right of
way shall not be permitted except in extremely rare cases, and then only with the
approval of the chief engineer. No grading will be permitted that requires tree
removal. See 24VAC30-150-1880 for conditions under which approval of grading
operations will be permitted.
24VAC30-150-1270. Scenic enhancement. (Repealed.)
The type and size of utility facilities and the manner and extent
to which they are permitted along or within highway right of way can materially
alter the scenic quality, appearance, and view of highway roadsides and
adjacent areas. For these reasons, additional controls are applicable in
certain areas that have been acquired or set aside for their scenic quality.
Such areas include scenic strips, overlooks, rest areas, recreation areas, the
right of way of highways adjacent thereto, and the right of way of sections of
highways which pass through public parks and historic sites. Suggested controls
follow:
New underground utility installations may be permitted
within such lands where they do not require extensive removal or alteration of
trees or other natural features visible to the highway user or do not impair the
visual quality of the land being traversed.
New aerial installations should be avoided at such
locations where there is a feasible and prudent alternative to the use of such
lands by the aerial facility. Where this is not the case, they should be considered
only:
1. Where other locations are unusually difficult and
unreasonably costly, or are more undesirable from the standpoint of visual
quality.
2. Where undergrounding is not technically feasible or is
unreasonably costly.
3. Where the proposed installation can be made at a location
and will employ suitable designs and materials which give adequate attention to
the visual qualities of the area being traversed.
These controls should also be followed in the location and
design of utility installations that are needed for a highway purpose such as
for continuous highway lighting, or to serve a weigh station, rest, or
recreational area.
Article 2
General Guidelines for the Accommodation of Utility Facilities within the
Rights of Way of All Highways
24VAC30-150-1280. Introduction. (Repealed.)
Transportation, communications and utility networks are
growing in complexity. Such networks include subways, pipelines, and cables
below the ground; highways, railways and waterways at the surface;
elevated-ways, pole and tower lines above the ground, and airways in space. As
the networks grow, the frequency of occasion for two or more networks to occupy
a common right of way or to intersect one another continues to increase causing
problems to arise due to the construction, maintenance and operations of one
network as it affects those of the other.
The Virginia Department of Transportation has the
responsibility to maintain the right of way of highways under its jurisdiction
as necessary to preserve the operational safety, integrity, and function of the
highway facility. Since the manner in which utilities cross or otherwise occupy
highway right of way can materially affect the safe operation, maintenance, and
appearance of the highway, it is necessary that such use and occupancy be
authorized and reasonably regulated. The "General Provisions"
(24VAC30-15-500 et seq.) of this chapter shall also apply.
Aside from the necessary differences imposed by local laws,
regulations, franchises, governmental and industry codes, climate, and
geography, there can be and should be reasonable uniformity in the engineering
requirements employed by Virginia Department of Transportation for regulating
utility use of highway right of way. In this respect, guidelines outlining safe
rational practices for accommodating utilities within highway right of way are
of valuable assistance to the department and the public. The guidelines herein
are provided in the interest of developing and preserving safe operations and
minimizing possible interference and impairment to the highway, its structures,
appearance, and maintenance.
24VAC30-150-1290. Application. (Repealed.)
These guidelines apply to all public and private utilities including
but not limited to electric power, communications, water, gas, oil, petroleum
products, steam, sewage, drainage, irrigation, and similar facilities that are
to be located, adjusted, or relocated within the right of way of highways under
the jurisdiction of the department. Such utilities may involve underground,
surface, or overhead facilities, either singularly or in combination.
24VAC30-150-1300. Scope. (Repealed.)
These guidelines are for the use of the department in
regulating the location, design, and methods for installing, adjusting, accommodating,
and maintaining utilities within highway right of way. They do not alter
current regulations or authority for installing utilities nor for determining
financial responsibility for replacing or adjusting utilities. They are limited
to matters which are the responsibility of departmental authorities for
preserving the safe operation and integrity of the highway.
Where laws or orders of public authority, industry, or
governmental codes prescribe a higher degree of protection than provided by these
guidelines, then the higher degree of protection should prevail.
24VAC30-150-1310. General considerations. (Repealed.)
The following general considerations are suggested for the location
and design of all utility installations within the highway right of way:
A. Location.
1. Utility lines should be located to minimize need for
later adjustment to accommodate future highway improvements and to permit
servicing such lines with minimum interference to highway traffic.
2. Longitudinal installations should be located on uniform
alignment as near as practicable to the right-of-way line on the outer 3 to 5
foot edge of the right of way if possible, so as to provide a safe environment
for traffic operation and preserve space for future highway improvements or
other utility installations.
3. To the extent feasible and practicable, utility line
crossings of the highway should cross on a line generally normal to the highway
alignment.
4. The horizontal and vertical location of utility lines
within the highway right-of-way limits should conform with the policies
applicable for the system, type of highway, and specific conditions for the
particular highway section involved. The location of above ground utility
facilities should be consistent with the clearances applicable to all roadside
obstacles for the type of highway involved.
5. In all cases full consideration should be given to the
measures, reflecting sound engineering principles, and economic factors
necessary to preserve and protect the safety of highway traffic, its
maintenance efficiency, the integrity and visual quality of the highway.
6. Location of utility installations on urban streets with
closely abutting improvements are special cases which must be resolved in a
manner consistent with the prevailing limitations and conditions.
B. Design.
1. The utility should be responsible for the design of the
utility facility to be installed within the highway right of way or attached to
a highway structure. The department is responsible for review and approval of
the utility's proposal with respect to the location of the utility facilities
to be installed and the manner of installation or attachment. This includes the
measures to be taken to preserve the safe and free flow of traffic, structural
integrity of the roadway or highway structure, ease of highway maintenance,
appearance of the highway, and the integrity of the utility facility.
2. Utility installations on, over, or under the right of way
of state highways and utility attachments to highway structures should, as a
minimum, meet the following requirements:
a. Electric power and communication facilities should
conform with the currently applicable National Electrical Safety Code.
b. Waterlines should conform with the currently applicable
specifications of the American Water Works Association.
c. Pressure pipelines should conform with the currently
applicable sections of the Standard Code of Pressure Piping of the American
National Standards Institute; Title 49 CFR, Parts 192, 193 and 195 and
applicable industry codes.
d. Liquid petroleum pipelines should conform with the
currently applicable recommended practice of the American Petroleum Institute
for pipelines crossings under railroads and highways.
e. Any pipelines carrying hazardous materials shall conform
to the rules and regulations of the U. S. Department of Transportation
governing the transportation of such materials.
3. Ground-mounted utility facilities should be of a design
compatible with the visual quality of the specific highway section being
traversed. See text under Scenic Enhancement, 24VAC30-150-1270.
4. All utility installations on, over, or under highway
right of way and attachments to highway structures should be of durable
materials designed for long service life expectancy and relatively free from
routine servicing and maintenance.
5. On new installations or adjustments of existing utility
lines, provisions should be made for known or planned expansion of the utility
facilities, particularly those located underground or attached to bridges. They
should be planned so as to minimize hazards and interference with highway
traffic when additional overhead or underground lines are installed at some
future date.
6. Any necessary permits, including the accommodation of
utilities, highway right of way and environmental controls, shall be the
responsibility of the utility.
C. Location and alignment of pipelines. The following
controls are suggested for the location and alignment of pipeline
installations:
1. For all crossings, the angle of crossing should be based
on economic considerations of practical alternates. The crossings should be
located as near normal to the highway alignment as practical.
2. Conditions which are generally unsuitable or undesirable
for pipeline crossings should be avoided. These include locations such as in
deep cuts; near footings of bridges and retaining walls; at cross drains where
flow of water, drift, or stream bedload may be obstructed; within basins of an
underpass drained by a pump if pipeline carries a liquid or liquefied gas; and
in wet or rocky terrain where it will be difficult to attain minimum cover.
3. On longitudinal installations, utility locations parallel
to the pavement at or adjacent to the right-of-way line are preferable so as to
minimize interference with the safe operation of the highway; the highway
drainage; and the structural integrity of the traveled way, shoulders, and
embankment. As a minimum, their lateral location should be offset a suitable
distance beyond the slope, ditch, or curb line, as the department may
stipulate.
4. Vertical and horizontal clearance between a pipeline and
a structure or other highway or utility facilities should be sufficient to permit
maintenance of the pipeline and the other facilities.
5. The locations of all pipelines should be reviewed by the
department to ensure that the proposed utility installation will not interfere
with existing or planned highway facilities or with highway maintenance
operation activities.
D. Cover. The critical controls for depth of cover on a
pipeline crossing are the low points in the highway cross-section. (See Figure
1.) Usually these are the bottoms of the longitudinal ditches. In establishing
the depth of cover below an unpaved ditch, consideration should be given to
potential increase in ditch depth resulting from scour, ditch maintenance
operations, or the need to increase the capacity of the ditch. On longitudinal
installations the critical controls for cover are the depths of lateral
drainage facilities, landscaping, buried utility lines, bridge structures, and
likely highway maintenance operations.
1. All underground parallel utility installations shall have
a minimum cover of 36 inches with exception of telephone and television
communication cables which may be installed at 30 inches minimum depth of
cover, if located back of the ditch line away from highway maintenance
activities.
All underground lateral utility highway crossings shall have
a minimum cover of 36 inches without exception.
2. All applications for underground utilities must be
accompanied by a sketch showing the exact location of the utility with respect
to the right of way and edge of pavement.
3. Requests for construction variance must be reviewed
individually based on the presence of rock, other utilities, or hydraulics or
both, which prohibit maximum burial or when ground topography does not permit
utility location on the outer right-of-way edge; adjustments may be made if space
is available and engineering analysis dictates exception, as in the past.
4. Accommodation of utilities on highway rights of way shall
only be considered after all viable alternatives have been exhausted.
24VAC30-150-1320. [Reserved] (Repealed.)
24VAC30-150-1330. [Reserved] (Repealed.)
24VAC30-150-1340. [Reserved] (Repealed.)
Article 3
Encasement and Allied Mechanical Protection
24VAC30-150-1350. General policy. (Repealed.)
It is the department's policy and responsibility for the safety
of traffic and structural integrity of the roadway, placing the burden of proof
on the utility if it contends for any particular location that encasement is
unnecessary. Although such a policy should not require proof from the
department that encasement is necessary, the department does not specify it
without reason.
The department has established and maintains adequate
design and location criteria that ensures reasonable protection to the highway
and traveling public, either through the encasement of pipeline crossings of
the highway or by providing alternate mechanical protection to uncased carrier
pipelines approximating the degree of protection afforded by encasement.
The methods available to provide such protection include,
but are not limited to, tunnels and galleries, casing pipe, grouting by mortar
filling bore-hole annulus, cradling, capping, wailing, boxing or jacketing, the
provision of thickened wall carrier pipe, joints of mechanical or welded
leak-proof type of construction, coating and wrapping, cathodic protection, and
electrical bonding.
Of these methods, only the casing and tunnel or gallery
provide complete independence of the carrier from the surrounding earth.
Grouting restores the continuity and integrity of the earth supporting the
pavement. Cradling enhances the supporting capacity of rigid pipes. Walling
does the same for semi-rigid and flexible pipes. Capping strengthens both rigid
and flexible pipes and protects them from highway operations penetrating the
backfill. When applied to weak or brittle pipes, boxing or jacketing provides
protection from earth loads, leakage, corrosion, or abrasion. On uncased
carrier pipes, thickened wall sections and leak-proof type joints enhance the
potential for a trouble-free installation of long service life expectancy.
Coating or wrapping prevents contact with corrosive water, soil, or vapor.
24VAC30-150-1360. Encasement. (Repealed.)
The following controls are suggested for providing
encasement of pipeline crossings of the highway.
1. Casings should be considered for the following
conditions:
a. As an expediency in the insertion, removal, replacement,
or maintenance of carrier pipe crossings of freeways, expressways, and other
controlled access highways and at other locations where it is necessary to
avoid trenched construction.
b. As protection for carrier pipe from external loads or
shock, either during or after construction of the highway.
c. As a means of conveying leaking fluids or gases away
from the area directly beneath the traveled way to a point of venting at or
near the right-of-way line, or to a point of drainage in the highway ditch or a
natural drainage way.
2. Jacked or bored installations of coated carrier pipes
should be encased. Exceptions may be made where assurance can be provided
against damage to the protective coating.
3. Consideration should be given to encasement or other
suitable protection for any pipeline: (a) with less than minimum cover, (b)
near footings of bridges or other highway structures or across unstable or
subsiding ground, or (c) near other locations where hazardous conditions may
exist.
4. Rigid encasement or suitable bridging should be used
where support of pavement would be impaired by depression of flexible carrier
pipe.
5. Casings should be designed to support the load of the
highway and superimposed loads thereon and, as a minimum, should equal the
structural requirements for highway drainage facilities. Casings should be
composed of materials of satisfactory durability under conditions to which they
may be exposed.
6. Where pipelines are encased, the encasement should extend
a suitable distance beyond the slope or ditch lines. On curbed sections, it
should extend outside the outer curbs. Where appropriate, the encasement should
provide for future widening of the highway without need for any utility
adjustment.
7. Casing pipe should be sealed at the ends with a flexible
material to prevent flowing water and debris from entering the annular space
between the casing and the carrier. The installations should include necessary
appurtenances such as vents and markers.
24VAC30-150-1370. Allied mechanical protection. (Repealed.)
Under special conditions, pipeline crossings of the highway
may be installed without encasement. Normally, such installations should be
limited to trenched construction. The following controls are suggested for
providing allied mechanical protection to uncased pipeline crossings of the
highway:
1. On uncased construction, the carrier should conform to
the material and design requirements of utility industry and governmental codes
and specifications. In addition, the carrier pipe should be designed to support
the load of the highway plus superimposed loads thereon when the pipe is
operated under all ranges of pressure from maximum internal to zero pressure.
Such installations should employ a higher factor of safety in the design,
construction, and testing than would normally be required for cased
construction.
2. Suitable bridging, concrete slabs, or other appropriate
measures should be used to protect existing uncased pipelines which, by reason
of shallow cover or location, make them vulnerable to damage from highway
construction or maintenance operations. Such existing lines may remain in place
without further protective measures if they are of adequate depth and do not
conflict with the highway construction or maintenance operations, provided both
highway and utility officials are satisfied that the lines are, and will
remain, structurally sound and operationally safe.
3. Uncased crossings of welded steel pipelines carrying
transmittants which are flammable, corrosive, expansive, energized, or
unstable, particularly if carried at high pressure or potential, may be permitted
under certain special conditions provided additional protective measures are
taken in lieu of encasement. Such measures would employ a higher factor of
safety in the design, construction, and testing of the uncased carrier pipe,
including such features as thicker wall pipe, radiograph testing of welds,
hydrostatic testing, coating and wrapping, and cathodic protection.
24VAC30-150-1380. Appurtenances. (Repealed.)
Vents, drains, markers, manholes, and shut-offs are
appurtenances to pipeline installations. Any necessary permits shall be the responsibility
of the utility owner. Suggested controls for such appurtenances follow:
1. Vents are appurtenances by which fluids or gases between
carrier and casing may be inspected, sampled, exhausted, or evacuated. These
substances may be leakage from the carrier within or the soil without, or vapor
and condensate. Light gases are exhausted through risers or standpipes
projecting above the ground surface. Vents should be located at the high end of
short casings and generally at both ends of casing longer than 150 feet. Vent
standpipes should be located and constructed so as not to interfere with
maintenance or use of the highway nor to be concealed by vegetation; preferably
they should stand on a fence or right-of-way line. In urban areas, such vents should
be permitted only where they do not affect pedestrian traffic.
2. Drains are appurtenances by which liquids or heavy gases
may be evacuated or exhausted. They should be provided for casings, tunnels, or
galleries enclosing carriers of liquid, liquefied gas, or heavy gas. Drains may
outfall into roadside ditches or at locations approved by the department. Such
outfall shall not be used as a wasteway for purging the carrier unless
specifically authorized.
3. Markers -- The utility should place readily identifiable
and suitable markers at the right-of-way line where it is crossed by pipelines
carrying transmittants which are flammable, corrosive, expansive, energized, or
unstable, particularly if carried at high pressure or potential.
4. Manholes shall not be located in the pavement or
shoulders of highways. Exception may be made on streets at those locations
where manholes are essential parts of existing lines that are permitted to
remain in place under existing and proposed roadways. Effort should be made to
minimize manhole installations at street intersections, and in the normal wheel
path of driving lanes, insofar as practicable. Manholes should be designed and
located in such a manner that will cause the least interference to other
utilities and future highway expansion.
5. Shut-off valves, preferably automatic, should be
installed in lines at or near ends of structures and near unusual hazards,
unless hazardous segments can be isolated by other sectionalizing devices
within a reasonable distance.
24VAC30-150-1390. Restriction against varied use. (Repealed.)
The following precautionary measures are required for
pipeline installations:
1. Pipeline installation permits should specify the class of
transmittant, the maximum working, test, or design pressures, and the design
standards for the carrier.
I M P O R T A N T
2. When it is anticipated that there will be a chance in the
class of transmittant or an increase in the maximum design pressure specified
in the permit, the utility shall be required to give the department advance
notice and obtain approval for such changes. The notice shall specify the
applicable codes to be used.
24VAC30-150-1400. Installation. (Repealed.)
Installation or replacement of pipelines along or crossing
existing highways for the most part may be controlled by end-product specifications.
However, safety of traffic and preservation of the earth structure supporting
the pavement requires some restriction of methods used in the operation.
Conditions of installation should be specified in the permit. Several
acceptable methods of installation are discussed below.
Trenched Construction and Backfill-- From the highway
viewpoint, the essential features for trench and back-fill construction are:
(a) restoration of the structural integrity of entrenched roadbed; (b) security
of the pipe against deformation likely to cause leakage; (c) assurance against
the trench becoming a drainage channel; and (d) assurance against drainage
being blocked by the backfill. The integrity of the pavement structure,
shoulders, and embankment slopes are of primary concern. Details of
specifications should recognize differences in climate and soil.
Trenched construction, bedding, and backfill normally will
be adequately controlled if the utility company is required to conform to the
department's standard specifications for earthwork and culverts. However, the
permit shall be complete in itself without reference to other regulations. It
should include the following controls:
1. Trenches should be cut to have vertical faces, where soil
and depth conditions permit, with a maximum width of outside diameter of pipe,
plus 2 feet. They should be shored where necessary and lateral and vertical
support must be provided for all existing facilities and structures.
2. Bedding should be provided to a depth of 6 inches or half
the diameter of the pipe, whichever is the least. Bedding should consist of
granular material, free of lumps, clods, stones and frozen materials and should
be graded to a firm but yielding surface without abrupt change in bearing
value. Unstable soils and rock ledges should be subexcavated from the bedding
zone and replaced by suitable material. The bottom of the trench should be
prepared to provide the pipe with uniform bedding throughout the length of the
installation.
3. Backfill under the roadway should be placed in two
stages: first fill to the level of the top of pipe, and second, fill to former
surface grade. Fill should consist of suitable material laid in 6-inch layers,
each consolidated by compaction according to current applicable specifications.
For backfill of entrenched pavement, materials and methods of compaction should
be adapted to achieve prompt restoration of traffic service. There should be
additional cutback of base and surfacing and transitioning of trench to
minimize later development of sag in the grade of pavement over the trench.
24VAC30-150-1410. Untrenched construction and grouting. (Repealed.)
A few techniques for installing pipelines under a highway without
disturbing the surface are discussed below:
Driving--A small pipe with a pilot shoe can be driven
through compressible soils by a steady thrust, hammering, or vibrating. A
casing or corrosion resistant carrier must be used. Long drives may wander far
from the desired line and grade.
Coring--A small casing without pilot shoe can be drilled
into more difficult soil which enters the pipe as it advances. The core is
removed by sluicing, during or after the drilling. Line and grade are fairly
easy to control.
Boring--Larger pipes can be jacked through oversize bores
carved progressively ahead of the leading edge of the advancing pipe as spoil
is mucked back through the pipe. Control is excellent. Annular void and
overbreaks may be minimized when cutterhead is sized closely to pipe diameter
and pipe is advanced with cutterhead in close proximity.
24VAC30-150-1420. Controls for untrenched construction. (Repealed.)
Suggested controls for untrenched construction and grouting
follow:
1. Unless otherwise stated, untrenched construction shall be
required for all pipeline crossings of controlled access and other highways
carrying major traffic volumes. To ensure maximum safety to the traveling
public, the untrenched construction should extend through the entire roadway
structure so that no interference with the roadway is necessary.
2. Portal limits of pipeline crossings should be established
safely beyond the surfaced areas of the highway so as to avoid impairing the
roadway during installation of the pipeline. Where bulkheaded, the portal
should be suitably offset from the surfaced area of the highway; where not
bulkheaded, it should be offset not less than the vertical difference in
elevation between the surfaced area of the highway and the pipeline.
3. The oversize of the boring excavation should be
restricted and the conditions specified under which the void outside the
carrier must be backfilled with grout. Where the soils are favorable and the
carrier is 4 feet or more deep, the boring hole may be 5 percent oversize in
diameter. Grout backfill should be considered for pipes more than 12 inches in
diameter and for overbreaks, unused holes, or abandoned pipes.
24VAC30-150-1430. Utility tunnels and bridges. (Repealed.)
A utility tunnel or a bridge occasionally is provided for a
pipeline crossing a controlled access highway at a strategic location. Where it
can be foreseen that several utility crossings will be needed, the cost of the
tunnel (either a large casing or a box culvert) or of the bridge may be less
than that for the alternate of several untrenched or separately encased
pipelines. Where these conditions exist, the residency shall take the necessary
steps to ensure that adequate study is made by the utilities to anticipate
their needs for future crossings and to converge their facilities to a joint
use single crossing.
In a combined tunnel or bridge, provision should be made to
isolate mutually hazardous transmittants, such as fuels and electric energy, by
compartmentalizing or by auxiliary encasement of incompatible carriers. The
utility-tunnel or utility-bridge structure should conform in appearance,
location, cover, earthwork, and markers to the culvert and bridge practice of
the department.
24VAC30-150-1440. Adjustment. (Repealed.)
Suggested controls for adjusting existing pipelines that
fall in the path of highway construction projects follow:
1. An existing or relocated pipeline should be protected in
such a manner as normally would be required for a new pipeline at the site.
2. An existing pipeline should be relocated in plan or
grade, or both, where (a) the pipe bedding will be depressed by highway loads,
or (b) the top of pipe is too close to highway grade.
3. An existing pipeline too weak to support highway loads
should be replaced by stronger pipe or protected in a manner acceptable to both
the department and the utility.
4. An existing pipeline which would lack adequate cover for
protection against vehicular live loads or highway construction operations may
be protected by a floating slab in lieu of encasement.
5. Notwithstanding reinforcement or protection otherwise
provided, the highway construction contractor should be warned and made
responsible for the security of each existing pipeline within the construction
zone. Where there are unusual utility hazards and where heavy construction
equipment will be needed, it should be arranged that the contractor provide a
temporary protective cover of earth or bridge the utility.
24VAC30-150-1450. Pipelines (installation restrictions). (Repealed.)
Any pipeline carrying a liquid under pressure shall be encased
where it crosses the roadway and, conversely, any pipeline carrying a liquid
which is not under pressure does not have to be encased. When encasement is not
required, the pipeline shall be constructed of ductile iron or steel pipe.
All natural gas pipeline installations within the road or
street right of way with an operating pressure that will produce a hoop stress
of less than 20% of the specified minimum yield strength of the pipe do not
require encasement. NOTE: The permittee must certify same in writing when
submitting permit application.
All natural gas main crossings with an operating pressure
that will produce a hoop stress of 20% of more of the specified minimum yield
strength of the pipe shall be encased.
All jacked or bored installations of coated carrier pipe
shall be encased.
Pipeline installations in urban or city streets do not
normally require encasement; however, the carrier pipe shall be designed to
support the load of the highway and superimposed loads thereon and should be of
durable pipe.
Longitudinal pipeline installations do not normally require
encasement since they are usually located in the outer edge of the highway
rights of way. Pipelines shall be kept out of the ditch line as much as
possible. When no other alternative is available, the minimum depth shall be 36
inches with good compaction and restoration and close inspection. When
permitted, all manholes located in the shoulder of roadway shall be depressed a
minimum of 2 inches below normal shoulder elevation or as specified by the
permit. (Does not apply to paved shoulder.) Applications for parallel
underground utilities must be accompanied by a sketch or drawing showing the
exact locations of the utility with respect to the right of way and edge of
pavement.
Casings shall be bored, jacked, driven or otherwise pushed
under the roadway.
Except for controlled access highways, open cutting of
pavement may be allowed:
A. When rock is encountered-- (Test borings must be made to
determine the presence of rock and alternate locations shall be explored.)
B. When existing utilities or other underground structures
may be damaged--(This determination should be made and proven to the resident
engineer by the permittee.)
C. When the highway is to be improved--(i.e., reconstruction
or resurface within a two-year period following completion of the underground
crossing and such improvement or resurfacing to include the area of the
proposed crossing.)
D. There is insufficient space for the placement of bore
pits due to curbing or roadside development.
When an exception is allowed, a letter shall be written to
the permittee setting forth the reasons for such exceptions, and a copy of such
letter shall be made part of the permit.
Whenever pavement is cut, not over one-half of the width
shall be opened at one time. Before the second half is cut, the first opening
shall be satisfactorily replaced. No open cut of a concrete or a plant-mix
surface may be made on the arterial and primary systems unless approved by the
permit manager. The district administrator may allow open cut of concrete and
plant-mix surfaces on rural and urbanized secondary systems when conditions
warrant such actions.
Open cuts may be allowed for crossing of non-hardsurfaced
roads. Where open cuts are allowed, the roadway and surface must be restored in
accordance with the Department of Transportation's requirements within a
reasonable time. If the restoration work is not completed in accordance with
the department's requirement, the utility work shall be stopped and no further
permits issued the permittee until satisfactory restoration has been made.
All pavement cuts should be repaired with equal or superior
type surface material to that which is existing. This should be accomplished
the same day the pavement cut is made or as directed by the department's
representative.
Encasement pipe for roadway crossings shall extend
completely through infield or median areas (except independent roadways or
extremely wide medians) and beyond the ditch line or toe of fill on each side
of the roadway. Where encasement pipe is not required and the use of ductile
iron or steel pipe is required, it shall extend completely through the median
area and beyond the ditch line or toe of fill on each side of the roadway.
Special consideration should be given to the placement of temporary guardrail,
etc., in area where deep bore-pits are placed near the road-side. This
determination shall be made by the department's representative. On curbed
sections and in a city or urban area, encasement for pipeline crossings, when
required, shall extend beyond the curb on each side of the roadway. When
encasement is not required in an urban area, consideration shall be given to
the use of ductile iron or steel pipe for pipeline installations under the pavement.
The encasement should allow or provide for future widening of the highway, if
possible. All encasement pipe, ductile iron and steel pipe for non-pressure
pipelines and all associated pipeline work to be performed within highway right
of way shall conform to the material, design and construction requirements of
the "Virginia Department of Transportation's Special Provision for Water
Facilities" and "Virginia Department of Transportation's Special
Provision for Sanitary Sewer Facilities," and to the requirements of the
utility industry and governmental codes and specifications. In the event of a
conflict, the most restrictive requirement shall prevail.
All roadway crossings shall have a minimum cover of 3 feet,
and all longitudinal pipeline installations shall have a minimum cover of 36
inches.
The cutting or trimming of any trees on highway rights of
way shall require approval of the environmental engineer.
24VAC30-150-1460. Installations on highway structures. (Repealed.)
Utilities may be attached to highway grade separation structures.
However, when it is feasible and reasonable to locate utility lines elsewhere,
attachments to bridge structures should be avoided. Utility installations shall
be located beneath the structure's floor, between the girders or beams, and at
an elevation above the bottom flange of the beam.
Attachments to the outside of the exterior beam, parapets
and sidewalks are not permissible unless there is no other alternative to
attach to the bridge structure and a proven need to attach has been established.
All communication and electric power line attachments shall
be insulated, grounded and carried in a conduit or pipe from the point of exit
from the ground to re-entry.
Preferably the cable should be carried to a manhole located
beyond the backwall of the structure. Carrier pipe and casing pipe should be
suitably insulated from electric power line attachments.
The general controls for providing encasement, allied
mechanical protection, and shut-off valves to pipeline crossing of highways and
for restriction against varied use should be followed for pipeline attachments
to bridge structures. (See 24VAC30-150-1350 through 24VAC30-150-1380.)
Where a pipeline attachment to a bridge is cased, the
casing should be effectively opened or vented at each end to prevent possible
buildup of pressure and to detect leakage of gases or fluids.
Where a casing is not provided for a pipeline attachment to
a bridge, additional protection measures should be taken. Such measures should
employ a higher factor of safety in the design, construction, and testing of
the pipeline, than would normally be required for cased construction.
Water and sanitary sewer attachments need not be encased
but shall be constructed of ductile iron or steel pipe in strict accordance
with "Virginia Department of Transportation Special Provision for Water
Facilities." Consideration should be given to providing insulation casing
for water and sewer line attachments.
Transmission natural gas mains, as well as gas mains that
transmit petroleum products, shall not be attached to highway structures. For
the purpose of these guidelines, a transmission natural gas main is a main that
transmits natural gas, usually under high pressure and for a long distance,
from the source of supply to distribution centers or other terminal points.
Distribution natural gas mains may be attached to highway
structures. All alternate locations for the installation of a distribution
natural gas main shall be considered by the owner prior to requesting that the
main be attached to a highway structure. For the purpose of these guidelines, a
distribution natural gas main is a main that transmits natural gas from
distribution centers to other distribution pipelines or service connections,
with an operating pressure that will produce a hoop stress of less than 20
percent of the specified minimum yield strength of the pipe.
A distribution natural gas main attachment to a bridge
crossing a roadway or navigable waterway is not desirable and will be approved
only if there are no reasonable alternatives.
The construction of a gas main on a highway structure shall
conform to the appropriate USA Standards for pressure piping as published by
the American Society of Mechanical Engineers and all other state, federal and
industry regulations.
24VAC30-150-1470. Overhead power and communications lines
(general). (Repealed.)
The type of construction, vertical clearance above pavement,
and location of poles, guys, and related groundmounted utility appurtenances
along the roadside are factors of major importance to preserve a safe traffic
environment, the appearance of the highway, and the efficiency and economy of
highway maintenance. A critical requirement for locating poles, guys and
related facilities along the roadside is the width of the border area; i.e.,
the space between the edge of shoulder or curb line and the right-of-way line,
and its availability and suitability for accommodating such facilities. The
safety, maintenance efficiency, and appearance of highways are enhanced by
keeping this space as free as practical from obstacles above the ground. Where
ground-mounted utility facilities are to occupy this space, they should be
placed as far as practical from the traveled way. The nature and extent of
roadside development and the ruggedness of the terrain being traversed are
controlling factors for locating poles, guys, and related facilities at the
right-of-way line.
In the interests of preserving safe roadsides, efficiency
and economy of highway maintenance operations, and highway appearance, the
following controls should be used for installations of overhead electric power
and communication lines.
A. Type of construction. Any longitudinal installations of
overhead lines within the highway right of way should be limited to single pole
type of construction.
Joint-use, single pole construction should be encouraged,
as indicated by Rule 222 of Part 2 of the National Electrical Safety Code, at
locations where more than one utility or type of facility is involved. This is
of particular significance at locations 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.
B. Vertical clearance. The vertical roadway clearance shall
be a minimum of 18 feet, except on controlled access highways where it shall be
21 feet, and shall conform to the requirements of the National Safety Code and
other appropriate state, federal and industry regulations. Parallel clearance
over entrances shall also be maintained at 18 feet.
C. Location. Overhead lines may be permitted to cross
highways. Crossings should be consolidated or grouped at one location where
practical and be made as nearly as possible to right angles to the center of
the road. Poles or guys may be allowed on the right of way but should be placed
as close as possible to the right-of-way line and in a position that will not
constitute a hazard to the traveling public.
Generally no pole lines will be allowed longitudinally on
new highways, or on highways where none exist at the time application is made.
Where the highway has been relocated, cutting across an old highway at one or
more places and the old section is closed, poles may be erected to fill in the
gap or gaps on the new highway. Where an existing road is relocated and the old
highway is still open, no transfer of pole line will be allowed.
On non-limited access rights of way of 110 feet or more,
pole lines may be allowed longitudinally on highway right of way under a
signed, comprehensive agreement between the department and a utility owner. In
such cases, all poles must be located on the outer edge of the right of way.
Location of overhead utility installations on highways on
urban streets with closely abutting improvements are special cases which must
be resolved in a manner consistent with the prevailing limitations and
conditions. Before locating the utility at other than the right-of-way line,
consideration should be given to designs employing self supporting, armless
single pole construction, with vertical alignment of wires or cables, or other
techniques permitted by governmental or industry codes that are conducive to a
safe traffic environment. Exception to these clearances may be made where poles
and guys can be placed at locations behind existing guardrails, beyond deep
drainage ditches or the toe or top of steep slopes, retaining walls, and other
similar protected locations.
Where irregular shaped portions of the right of way extend
beyond the normal right-of-way limits, variances in the location from the
right-of-way line should be allowed as necessary to maintain a reasonable uniform
alignment for longitudinal overhead and underground installations.
Longitudinal installations of poles, guys, or other
facilities should not be located in a highway median. (Roadway lighting
exception contained in 24VAC30-150-1610.) On crossings of a highway, any such
facility should not be located in a highway median where pole placement would
be less than 30 feet minimum from the edge of the travel way in both
directions.
In specific instances, pole lines may be located on highway
rights of way when the width exceeds 40 feet; has been determined by the
utility owner; verified by the district administrator and the resident
engineers that it is impractical to locate the pole line on private property.
In this situation, the permit manager must be furnished a letter from the
applicant stating explicitly why it is necessary to locate on highway right of
way, along with a letter of recommendation from the district administrator and
the resident engineer. Consideration will not be given to allowing poles to be
placed on highway rights of way of less than 40 feet.
24VAC30-150-1480. [Reserved] (Repealed.)
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-150-1490. [Reserved] (Repealed.)
24VAC30-150-1500. [Reserved] (Repealed.)
24VAC30-150-1510. Underground electric power and
communication lines. (Repealed.)
There is wide variation in the techniques and practices for
undergrounding electric power and communication lines due to differences in
such factors as water conditions, type of subsoil, facility congestion and the
like. Accepted methods for undergrounding such lines included: trenching for
conduit or duct construction or for uncased buried cable; plowing for direct
burial of cable; jacking or pushing of pipe as conduit, especially for
crossings of existing highways; and small borings without conduit on highway
crossings where soil conditions permit. The following controls are suggested:
GENERAL
1. Underground utility construction should conform to all
applicable codes, standards, and specifications.
2. Pedestals or other above- ground utility appurtenances
installed as part of buried cable plant should be located at or near the
right-of-way line. Consideration should be given to effects on pedestrian
traffic and visual impacts on residential or commercial developments.
3. All proposed locations and utility designs should be
reviewed by the residency to ensure that the proposed construction will not
cause avoidable interference with existing or planned highway facilities or
with highway operation or maintenance.
4. On both cased or uncased installations, particularly on
crossings of the highway, consideration should be given for placing spare
conduit or duct to accommodate known or planned expansion of underground lines.
5. The controls previously outlined for electric power and
communication line attachments to highway bridge structures should be followed.
6. The general controls previously outlined for pipelines as
related to markers, installation, trenched and untrenched construction, and
adjustment should be followed, as applicable, on underground installations of
electric power and communication lines.
24VAC30-150-1520. Location and alignment. (Repealed.)
A. Longitudinal
1. On longitudinal installations, locations parallel to the roadway
at or adjacent to the right-of-way line are preferable so as to minimize
interference with the safe operation of the highway, the structural integrity
of the roadway, highway drainage and embankment. As a minimum, their lateral
location should be offset a suitable distance beyond the slope, ditch, or curb
line.
2. Longitudinal underground communication and power line
installations may be allowed on highway rights of way. Insofar as practical,
all parallel or longitudinal installations, including conduit, manholes,
pedestals and other appurtenances, shall be placed as close to the right-of-way
line as possible, and preferably on the outer 3 to 5 feet of the right of way.
Extreme care must be taken to position the utilities in such a manner to allow
for maximum utilization of space and to avoid conflicts with drainage and other
utility facilities. Also, careful consideration should be given at all times to
plans for future development of the highway so that all lines and appurtenances
will be clear of the ultimate roadway.
3. Longitudinal underground installations are also allowed
under the terms of the comprehensive agreement (see 24VAC30-150-1470 (c)).
4. All longitudinal installations shall have a minimum cover
of 36 inches except as noted in 24VAC30-150-1310. Underground power and
communication lines shall be kept out of the ditch line as much as possible.
When no other alternative is available, the minimum depth of cover shall be 30
inches with good compaction and restoration and close inspection. Special
consideration should also be given to providing conduit with sufficient spare
duct in the area. When permitted, all manholes located in the shoulder of the
roadway shall be depressed a minimum of 2 inches below normal shoulder
elevation or as specified by the permit. (Does not apply to paved shoulders.)
Applications for parallel underground utilities must be accompanied by a sketch
or drawing showing the exact location of the utility with respect to the right
of way and edge of pavement. All tree trimming or cutting or both, if allowed,
shall be held to a minimum and approved by the environmental engineer.
B. Crossings
1. Crossings should be located as near normal to the highway
alignment as practical.
2. Conditions which are generally unsuitable or undesirable
for underground crossings should be avoided. These include locations such as in
deep cuts; near footings of bridges and retaining walls; at cross drains where
flow of water, drift, or stream bedload may be obstructed; within basins of an underpass
drained by a pump; and in wet or rocky terrain where it will be difficult to
attain minimum cover.
3. All underground highway crossings of communication and
power lines shall be placed in conduit or pipes, installed in such a manner as
to virtually preclude the necessity for disturbing the present or future
roadways initially, and when utility maintenance or expansion work is being
performed. (See 24VAC30-150-1450.) The conduit or pipe shall extend completely
through infield or median areas, except for independent roadways or extremely
wide medians, and beyond the ditch line or toe of fill on each side of the
roadway. (See 24VAC30-150-1370 for requirements on encasement, open cuts, etc.)
All communication and power line crossings shall have a minimum cover of 3
feet.
4. Where crossings of underground lines are encased in
protective conduit or duct, the encasement should extend a suitable distance
beyond the slope ditch lines. On curbed sections, it should extend outside the
outer curbs. Where appropriate, the encasement should provide for future
widening of the highway.
5. Special consideration should be given to encasement
protection for any wire or cable facilities: (a) with less than minimum cover,
(b) near the footings of bridges or other highway structures, or (c) near other
locations where there may be hazard.
6. Where encased bored installations are proposed by the
utility, the utility should be required to furnish information as to the
controls and construction methods to be employed, before the proposed
installations are considered by the department. This is to ensure the necessary
protection of the utility facility and the integrity and operation of the
highway facility.
24VAC30-150-1530. Expansion or maintenance, or both, of
existing main line utilities. (Repealed.)
Overhead - Additional wires, cables, conductors, etc., may be
strung by the utility owner on existing crossarms or poles, provided adequate
clearance is maintained without a permit.
Repair and replacement of poles in existing location can be
made without a permit by the utility owner. A permit is required for the
placement of additional poles or crossarms.
Underground - Repair or replacement of underground
utilities in their existing location may be performed without a permit provided
the highway surface, shoulder, or ditch line are not disturbed. All underground
utilities that need to be replaced or repaired on new location will require a
permit.
Emergency repair or replacement of existing utilities
necessary due to the health and safety of the community do not require prior
approval, however, the utility company shall obtain a permit for said work as
soon as possible. (See 24VAC30-150-1540 through 24VAC30-150-1600 for rights
granted utility companies under the blanket permit policy.)
Repair and replacement of hardware inside a manhole does
not constitute a disturbance of the roadway surface, shoulder, or ditch line
and does not require a permit.
Excavation necessitated by repair or replacement of
existing utility facilities on highway rights of way shall be restored to the
department's satisfaction.
Article 4
Miscellaneous
24VAC30-150-1540. Preservation, restoration, and cleanup.
(Repealed.)
1. Disturbed Areas: The area disturbed by utility installations
or relocations should be kept to a minimum. Restoration methods should be in
accordance with the department's specifications or special provisions, or both,
in utility permit assembly.
2. Drainage: Care should be taken in utility installations
to avoid disturbing existing drainage facilities. Underground utility
facilities should be backfilled with pervious material and outlets provided for
entrapped water. Underdrains should be provided where necessary. Backfill
materials and compaction methods shall be in accordance with department policy.
3. Spraying, Cutting and Trimming of Trees: The utility
should be prohibited from such activities unless written permission is given by
the department. (See Tree Trimming Permit.) In general, where permission is
given, only light trimming should be permitted. When the removal of a tree is
permitted, the stump should either be cut to the ground or be removed and the
hold properly backfilled, as determined by the department. All debris, refuse
and waste should be removed from the site. (See 24VAC30-150-740.)
24VAC30-150-1550. Safety and convenience. (Repealed.)
1. Control of traffic -- Traffic controls for utility
construction and maintenance operations shall conform with the "Manual on
Uniform Traffic Control Devices for Streets and Highways". All
construction and maintenance operations should be planned with full regard to
safety and to keep traffic interference to an absolute minimum. On heavily
traveled highways, construction operations interfering with traffic should not
be allowed during periods of peak traffic flow. Any such work should be planned
so that closure of intersecting streets, road approaches, or other access
points is held to a minimum.
2. Servicing, Maintenance, and Repairs - - All utility
facilities should be kept in a good state of repair both structurally and from
the standpoint of appearance. The permit assembly shall identify the normal
maintenance operations which are permitted and indicate situations where prior
notification to the department is required. (See 24VAC30-150-740.)
24VAC30-150-1560. Permanent markers. (Repealed.)
Permanent markers identifying the horizontal and vertical location
of new underground utilities, both crossings and longitudinal installations,
should be placed, where appropriate, by the utility. Markers shall be installed
in such a manner as to not interfere with highway maintenance operations,
preferably at the right-of-way line. (See 24VAC30-150-870.)
24VAC30-150-1570. Records. (Repealed.)
Records shall be maintained by the utility that describes
the utility, usage, size, configuration material, location, height or depth, and
any special features such as encasement. This information should be in a
reproducible form available to other utilities and the department.
24VAC30-150-1580. Construction identification of utilities.
(Repealed.)
When it is likely that construction or maintenance activities
could involve existing underground utilities, it is necessary to locate and
identify these facilities well in advance of the commencement of the work as an
aid to work crews. The location of each underground utility or proposed
excavation should be identified by the utility with stakes, point or other
temporary on-the-surface markers colon coded by utility type in accordance with
the appropriate color coding as established under 56-265.21 of the Code of
Virginia. The recommended uniform color code system is as follows:
Red --Electric power lines or conduits - distribution and
transmission, municipal electric systems.
Yellow --Gas or oil pipelines - distribution and
transmission, all pipelines carrying hazardous or dangerous materials including
petroleum products, steam and compressed air or compressed gases.
Orange--Communications lines including telephone and
telegraph systems, police and fire communications, cable television.
Blue--Water systems and slurry pipelines.
Green--Storm and Sanitary Sewers
Purple--Radioactive material.
White-Proposed excavation.
24VAC30-150-1590. References. (Repealed.)
1. National Electrical Safety Code, ANSI C2, current
edition (For sale by Institute of Electrical and Electronics Engineers, Inc., IEEE
Service Center 445 Hoes Lane, Piscataway, New Jersey 08854)
2. Title 23 Code of Federal Regulations Part 645 -
Utilities (Federal Highway Administration)
3. Title 49 Code of Federal Regulations Part 191 -
Transportation of Natural and Other Gas by Pipeline; Reports of Leaks (Office
of Pipeline Safety)
4. Title 49 Code of Federal Regulations Part 192 -
Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety
Standards (Office of Pipeline Safety)
5. Title 49 Code of Federal Regulations Part 195 -
Transportation of Liquids by Pipeline (Office of Pipeline Safety)
6. Report FHWA-RD-75-8 "Accommodation of Utility Plant
within the Rights of Way of Urban Streets and Highways - State-of-the-Art"
1974 (Document No. PB245199 available from National Technical Information
Service, Springfield, Virginia 22161)
7. Report FHWA-RD-75-9 "Accommodation of Utility Plan
within the Rights of Way of Urban Streets and Highways - Manual of Improved
Practice" 1974 (Document No. PB245200/1 available from National Technical
Information Service, Springfield, Virginia 22161)
8. Manual on Uniform Traffic Control Devices, ANSI D6.l
(Available from Superintendent of Documents, Government Printing Office,
Washington, D.C. 20402)
24VAC30-150-1600. Gas or petroleum transmission pipelines on
subdivision streets. (Repealed.)
A. When a gas or petroleum products transmission pipeline is
to be constructed through an existing subdivision, the street right of way may
be utilized provided:
1. The pipeline is constructed in conformity with standards,
specifications, and safety regulations of the Federal Office of Pipeline Safety
for the ultimate use of pipeline and for the ultimate development, traffic
volume, and population density of the area.
2. The pipeline is not constructed under the pavement or
shoulders of the street (except for crossings). The pipelines may be
constructed in the median or sidewalk areas of non-limited access streets if it
will not conflict with other utilities, drainage facilities, or other roadway
features.
3. The pipeline is covered by a permit which places all
liability, for the pipeline and any damages to persons or property and the
responsibility for future adjustments of the pipeline, upon the public service
corporation.
B. When a gas or petroleum products transmission pipeline
is existing through an area which is to be developed as a subdivision, the
developer may lay out the streets to include the pipeline--
1. provided the pipeline was constructed in conformity with
standards, specifications, and safety regulations of the Federal Office of
Pipeline Safety for the ultimate use of the pipeline and for the ultimate
development, traffic volume, and population density of the area.
2. provided the pipeline will not be located under the
pavement of shoulders of the street (except for crossings). The pipeline may
remain in median or sidewalk areas on non-limited access streets if it does not
conflict with other utilities, drainage facilities, or other roadway features.
3. provided, upon application by the developer to the state
to take over the subdivision streets for maintenance, the public service
corporation will, in exchange for a permit granted in accordance with the
"Manual on Permits", quitclaim to the state its easement or right of
way, or both, within the subdivision street with the following reservations:
a. That the transmission pipeline may continue to occupy
such street in its existing condition and location;
b. That the public service corporation will be responsible
for such pipeline and for any damages to persons or property resulting
therefrom; and
c. That in the event the Virginia Department of Transportation
should later require for its purpose such public service corporation to alter,
change, adjust or relocate such transmission pipeline, the non-betterment cost
of any such alteration, change, adjustment, or relocation will be the
responsibility of the state.
C. In the event all the above conditions cannot be met, the
developer should lay out and develop the subdivision so that the pipeline is
contained in a distinct and separate right of way of its own. In this case it
will still be necessary for the public service corporation to quitclaim to the
state any and all rights where the pipeline crosses the subdivision streets and
to assume all liability as set out in subdivisions A-3 and B-3 above. In such
cases, the road crossings shall be covered by a permit.
Article 5
Roadway and Security Lighting Facilities
24VAC30-150-1610. Roadway lighting facilities. (Repealed.)
Roadway lighting facilities may be located on highway rights
of way. The design criteria for all roadway lighting shall be based upon the
specifications promulgated by the Illuminating Engineering Society in the
manual "American National Standard Practice for Roadway Lighting."
"An Informational Guide for Roadway Lighting" by
AASHTO may be used as a supplemental guide.
Breakaway or frangible poles shall not be provided when
there is the likelihood a falling pole might strike a pedestrian, damage
property, or fall on a building or the roadway.
Electric disconnect shall be used in the base of all
breakaway poles, such that no live wires are exposed after a collision.
Similarly, overhead wiring shall not be used with breakaway poles.
The installation of roadway lighting, except when attached
to existing poles, should include underground conductors where practical.
24VAC30-150-1620. Roadway lightingpole placement. (Repealed.)
The placement of poles must conform to the following:
A. Curb Sections
1. Outside -- Poles to be placed behind the curb and
preferably behind sidewalks.
2. Raised Median -- Double guardrail required when medians
are 20 feet or less.
B. Non-Curb Sections With Posted Speed Limit of 45 MPH or
Less
1. Outside - Poles to be a minimum of 10 feet from edge of
pavement and behind the ditch line.
2. Raised Median -- Double guardrail required when medians
are 20 feet or less.
C. Non-Curb Sections With Posted Speed Limit Over 45 MPH
1. Outside - Poles shall be a minimum of 18 feet from edge
of pavement and behind ditch line. Where guardrail is in place, poles may be
placed behind guardrail at lesser distance from edge of pavement.
(Consideration may be given to individual cases some modification of the above
when necessary due to topography.)
2. Median -- Poles shall be a minimum of 18 feet from edge
of pavement. Where guardrail is in place, poles may be placed behind the
guardrail at a lesser distance from edge of pavement. Consideration may be
given to the placement of poles in raised medians (cut slope) at a lesser
distance from edge of pavement. Poles located in median shall accommodate
roadway lighting facilities only. No trees in median to be cut for installation
of poles.
D. Existing Poles
Roadway lighting facilities may be attached to existing
poles which do not conform to Items 1, 2 and 3 above. Consideration may be
given to the placement of occasional additional poles in an existing pole line
when necessary to provide proper illumination.
NOTE: These guidelines should be used when considering
placement request for purposes other than street lighting.
24VAC30-150-1630. Security lighting facilities. (Repealed.)
Security lighting facilities may be place on highway rights
of way provided:
A. The adjacent roadway shall have a posted or statutory
speed limit of 45 MPH or less.
B. The adjacent roadway shall have an ADT of 1,000 vehicles
or less.
C. The mounting height for security lighting luminaires
shall be such that glare has no adverse effect on motorists on the adjacent or
any other public roadway.
D. If the level of illumination on the adjacent roadway on
an area one-mounting height each side of the luminaire exceeds or equals the
level recommended in the "American National Standard Practice for Roadway
Lighting", then this lighting shall be deemed roadway lighting and must
conform to all roadway lighting requirements as established in this policy.
24VAC30-150-1640. Security lighting; pole placement. (Repealed.)
The placement of poles must conform to the following:
A. Curb-Sections -- Poles shall be placed behind the curb
and preferably behind sidewalks.
B. Non-Curb Sections -- Poles shall be placed a minimum of
10 feet from edge of pavement and behind the ditch line.
C. No poles shall be placed in median, with or without curb.
24VAC30-150-1650. Roadway and security lighting facility;
permit procedure. (Repealed.)
Permits prepared on Form CE-7 shall be required for all lighting
facilities placed on or overhanging state right of way. This includes fixtures
attached to poles located outside of the right of way but overhanging the right
of way and fixtures attached to existing pole within the right of way.
It is emphasized that permits shall be secured by
responsible applicant for all types of lighting established on subdivision
rights of way prior to the street or road thereon becoming part of the state
secondary system.
Permit applications shall include plans or sketch, or both,
indicating the exact location of poles with reference to right of way and edge
of pavement, spacing of poles, width of right of way, width of pavement, all
photometric data, location of electric service, whether existing or proposed
and all other pertinent data.
Permits that conform to the policy, as stated in these
guidelines, may be issued by the district administrator. Unusual or borderline
type requests should be referred to the central office for review and approval
of the permit manager.
Permit fees shall be the same as for pole lines. The fee
per pole shall apply to fixtures attached to existing poles whether on or off
the right of way.
Article 6
Blanket Permits; House Service Connections
24VAC30-150-1660. Annual blanket permits (excluding
interstate). (Repealed.)
Blankets permits are issued to allow cities, towns,
counties, other public agencies and utility companies authority to install
lateral house service connections to their existing main line facilities.
Blanket permits also allow the permittee the right to maintain
lateral house service connections. It does not allow the permittee to perform
maintenance operations on existing main line facilities or to expand existing
plant. (See 24VAC30-150-1530 for rights granted the permittee under the
expansion or maintenance, or both, of existing utilities.)
Blanket permits may be issued to owners' or companies
operating under bond, or to towns, counties or other public agencies as
follows:
A. OVERHEAD FACILITIES
For routine electrical service crossing or connections where
the primary distribution voltage does not exceed 34.5 KV phase to phase or 19.5
KV phase to ground. For routine overhead telephone service crossings or
connections up to and including a 100 pair cable. For routine overhead TV trunk
and service cable crossings or connections. Crossings that exceed these
limitations must be covered by a CE-7 permit.
B. UNDERGROUND FACILITIES
For routine underground telephone, power, cable TV, water,
sewer, gas, etc., service crossings, connections, or laterals where no part of
the roadway including shoulder and ditch lines are to be disturbed. Maximum
distribution service crossings or connections allowed for telephone is a 100
pair cable. Maximum allowable voltage for power service crossings or
connections is the same as in Item "A" above. TV trunk and service
cable crossings and connections may be covered. Where water, sewer, gas, etc.,
service crossings or connections are concerned, service laterals only may be
covered by the blanket permit. Anything larger than these limitations for
distribution service crossings, connections, or laterals must be handled by a
separate CE-7 permit. If found to be necessary, the resident engineer or
district administrator may require a CE-7 permit for any underground crossing
regardless of size.
C. Annual blanket permits or special permits for routine
service connections and crossings will be issued only to the operating company
and not to individuals wishing such connections installed.
D. Separate permits are required for primary and secondary
road systems. Separate permits must be issued for each road system in each
county within a district (to include all counties within that particular
district served by that utility owner.)
E. Blanket permits, whether on the primary or secondary system,
will only be issued by the permit manager.
F. All blanket permits expire on June 30, following the
date of issuance. The time limit may be extended for a period of one year when
use of the permit justifies such extension of time, and upon payment of the
annual permit charge of $100 per district, per road system, prior to July 1 of
the extending year.
G. All work performed under blanket permits shall be
reported promptly to the resident engineer, or as specified on the permit.
Whenever a series of house connections or service drops are made on one route
within one county to different subscribers, one notification or report may be
made to the resident engineer, provided, detailed description and sketch
accompany same. Should this work involve more than one road system or more than
one county, a separate report shall be made for each road system and county.
24VAC30-150-1670. House service connections. (Repealed.)
These permits may be issued by the resident engineer covering
house service connections on regular CE-7 permit forms. Permits for house
service connections will be issued to the owner or operating company which have
bonds as agent, and to the individual as owner.
Part IV
Entrance Permits
24VAC30-150-1680. Commercial entrances. (Repealed.)
The department's authority to regulate commercial and residential
highway entrances is covered under § 33.1-12 (3) of the Code of Virginia to
make rules and regulations, from time to time, not in conflict with the laws of
this state, for the protection of and covering traffic on and the use of
systems of state highways and to add to, amend or repeal the same.
The department's authority to require minimum design
maintenance and safety standards for commercial entrances to improve highways
is covered under § 33.1-198 of the Code of Virginia whereby it states: "All
commercial entrances, whether or not constructed under this section, shall be
maintained by the owner of the premises at all times in a manner satisfactory
to the Commonwealth Transportation Commissioner."
These two statutes of the Code of Virginia promulgate to
the department authority to regulate and control maintenance, construction or
reconstruction of all commercial entrances to highways within the Commonwealth
to the satisfaction of the commissioner.
The board and the commissioner carry out these statutory
mandates by use of this language: "A permit may be denied any applicant;
and all permits issued by the board or commissioner may be revoked whenever, in
the opinion of the commissioner, the safety, use or maintenance of the highway
so requires."
Tenure of all commercial entrances to highways is not
infinite nor is it meant to be transferred from one owner to another. If it is
determined by department representatives that an entrance is substandard and
safety, use, or maintenance of the entrance has changed significantly to
require corrections then necessary changes shall be made or the entrance may be
closed at the direction of the commissioner or his representative. It should
also be noted that once an entrance has been constructed, regardless of when,
the permittee, or his successors or assignees, shall be responsible for the
maintenance and upkeep of said entrance as stated above.
Commercial entrances may require reconstruction or
upgrading, or both, when it has been determined after review by department
representative that the following conditions exist:
A. Safety - When the entrance has been determined to be
unsafe in its present condition for public use, because of physical erosion of
the entrance, increase in motor vehicle traffic or some other condition if
found to exist.
B. Use - When traffic in and out of the entrance has
changed significantly to require upgrading or reconstruction, etc., or both,
such as a change in traffic volume, character of the traffic or peak hour
traffic. This language is not intended to be exclusive.
C. Maintenance - When the entrance becomes unserviceable
due to heavy equipment damage; reclamation by natural causes, or increased
traffic volume, etc.
Commercial entrances shall be reviewed periodically for
substandard conditions as outlined above and when the property is being
considered for sale; when it has been rezoned; or when there is a change in
commercial use either by the property owner or by a leasee. Department
personnel shall work closely with the various local and county governments to
protect the department's interest and the interest of travelling public through
zoning ordinances for commercial, subdivision and private entrance
requirements, and to obtain their assistance in policing changes in ownership
that might affect the department's requirements for the entrances. These
periodic reviews are necessary to provide both patron and through highway
traffic users a safe means of travel. All engineering analysis shall be based
on the department's manual for "Minimum Standards of Entrances To State
Highways," (current edition).
If studies indicate that a proposed commercial entrance
will generate a large volume of traffic movement, the permittee will be
required to construct turning lanes, traffic signals or grade separation
structures, etc., as may be determined necessary by the Department's Traffic
Engineering Division, or participate in the cost of such.
Driveways and curbs shall be maintained for the duration of
the permittee's, or his successors and assignees, interest in the entrance
exactly as indicated on the permit application. (This statement should be
included in the description of the work on the permit.)
When drain pipe is required on commercial entrances, it
shall be acceptable to the resident engineer and must be furnished and
installed by the permittee. The type and depth of entrance pavement must be
clearly indicated, and the surface be of stable materials that will not track
onto the roadway. Whenever the work involves concrete aprons or paving, the
concrete must be in accordance with standards of the department. Curbs to
outlined islands and driveways must be of concrete (current edition), clearly
indicated on the permit. The islands and size of entrances must conform to the
department's entrance standards. No entrance will be allowed to run in front of
the adjoining property, nor appurtenances thereof (curbing, right turn lane,
etc.,) to such an extent as to restrict access to the adjoining property.
Sight distance from entrance (both directions) must be
indicated on the permit.
Whenever the work involves construction of such a nature
that the minimum guarantee would not be adequate to complete the work
prescribed in the application and leaves the right of way in satisfactory
condition, the guarantee fee will be increased sufficiently to cover same.
The commissioner or his representative may in his
discretion require that a notice of permit be recorded in the clerk's office of
the appropriate court in the name of the owner and lessee. All cost associated
with same shall be borne by the permittee.
Sample filing form can be obtained from the Registrar of
Regulations. Note that "Tenure note on Page 4-1" is to be typed or
stamped on all commercial entrance permits issued.
24VAC30-150-1690. Commercial entrances to open-air theaters.
(Repealed.)
In order to obtain a permit to construct entrances to
drive-ins theaters, certain conditions must be met. The three criteria are as
follows:
1. Picture is not to be visible within certain distance of
Primary road. It shall be unlawful for any person, after July 1, 1954, to erect
any moving picture screen connected with an outdoor motion-picture theater so
that the picture thereon is visible within a distance of thirteen hundred feet
or less to motor vehicle drivers on any Primary road in this State.
2. Required space between highway and ticket booth. The
owner or operation of an outdoor motion-picture theater shall provide
sufficient space between the outer edge of the hard surface or used portion of
any highway, from which vehicles approach any entrance of such theater and the
ticket booth or booths of the theater, sufficient to accommodate vehicles in
the number of not less than five percent of the total theater vehicles
capacity. In determining the space requirements set forth above, the same shall
be calculated on the basis of one hundred sixty-two square feet per vehicle.
3. Entrance and Exit Driveways - All entrance and exit
driveways of any open-air theater shall be adequately lighted and properly
marked to avoid congestion and confusion, and shall remain lighted throughout
any performance given at such theater and until a reasonable time thereafter
sufficient to permit all vehicles to leave the grounds of the theater.
24VAC30-150-1700. Private entrances (issued by district
administrator). (Repealed.)
Private entrance permits will be issued by the district administrator
to the property owners in accordance with the following policy as adopted by
the State Highway Commission on August 1982:
A. Where surety coverage is required, a CE-7 permit will be
issued to cover the work by the district administrator. When this is the case,
subsections 4 & 5 of 24VAC30-150-1710 shall apply.
B. An initial permit charge of $40 shall be assessed, plus
minor permit charge of $5 shall be assessed for each additional entrance
opening.
C. Surety charges for private entrance permits shall be
covered by a minimum guarantee fee, irrevocable letter of credit or performance
bond fee, in the amount of $500 per opening.
24VAC30-150-1710. Private entrances (issued by resident
engineer). (Repealed.)
Resident engineers may issue private entrance permits to the
property owners in accordance with the following policy adopted by the State
Highway Commission on August 1982:
1. That the property owners purchase from a source other
than the department and furnish pipe for private entrances in accordance with
state highway specifications and as indicated by the resident engineer.
2. That the installation of the pipe be made by the
department at NO COST to the property owner.
3. Private entrances within the right of way shall be
stabilized to the back of the ditch line in cut sections and to the shoulder on
fill sections (not bituminous surface treated) at the expense of the Department
of Transportation.
4. The resident engineer shall select the location of the
driveway or driveways, or both, with the property owner and stake out the
centerline. A location should be selected that will not create a hazard to
traffic on the highway or to those entering or leaving the propriety and, as
nearly as possible, at right angles to the centerline of the highway. The width
of the roadway shall not be greater on the right of way than on the private
property.
5. The resident engineer shall advise the property owner of
the proper grade and any side sloping necessary to ensure adequate drainage and
economical maintenance of the right of way. Allowance should be made in the
grade for the necessary surfacing for stabilization. The property owner must
furnish all labor and equipment for the grading operation.
6. When the grading has been completed, state forces will
install the pipe and apply the surface material in accordance with the above
policy.
7. The resident engineer may furnish the necessary seed and
fertilizer to complete the operation and leave the area in a similar condition
to that of the surrounding area.
8. When the work is completed, the resident engineer should
so indicate in the file copy of the permit authorizing the work.
9. State forces shall not install pipe for entrances to
property owned and being developed for sale by subdividers or land developers.
24VAC30-150-1720. Logging roads. (Repealed.)
Logging Roads, Tram Roads, Other Temporary Private
Entrances - There are times when a logging, pulpwood or other similar operation
of short duration requires hauling over the right of way. In most instances,
the landowner or operator is not fully cognizant of our rules and regulations
and is found to be crossing the right of way without having obtained a permit
or blanket permit, or both. However, instead of stopping the operation until
the permit is cleared through channels and duly issued, such cases may be
deemed emergencies and upon receipt of application for permit with guarantee
and permit fee checks, the resident engineer may permit the operation to
continue. In some cases, the operator may be using slash material in the ditch
instead of pipe. This may be permitted provided the operator agrees to remove
this material from the ditch at the end of the day's operation, or at any time
during the day when it is blocking drainage. Should he fail at any time to
carry out this provision, the resident engineer may stop the operation and
require him to put in a suitable culvert. When the temporary operation has been
completed, the permittee shall restore the highway right of way, including
drainage ways, to the original conditions.
24VAC30-150-1730. Access to public fishing waters. (Repealed.)
Upon application made in writing to the Commonwealth Transportation
Commissioner from the Director of the Department of Game and Inland Fisheries
to use portions of the right of way of highways for access to public water, the
board may permit such use in a manner approved by the commissioner and upon
condition that all costs in connection with the construction of such access be
borne by funds other than highway funds.
This work will be handled under permit for each location
desired. Permits will be issued from the central office. Proper study of each
location must be made prior to the issuance of a permit to assure that the
safety of highway users is not jeopardized, and that the installation does not
encroach upon the rights of others or create a public nuisance. Such permits as
are issued should clearly define the limits of access, the limits of the right
of way, size of the structures to be placed on the rights of way, parking area
and ingress and egress points.
The procedure for processing and handling of permit
applications covering the installation, use, and maintenance of the facilities
on portions of state highway rights of way is as follows:
Written request will be made to the central office by the
Director of the Department of Game and Inland Fisheries, accompanied by plan or
sketch indicating the location of the work proposed to be done, showing the
highway route number, bridge crossing, name of stream, county, and distance to
the nearest highway intersection, town or city.
After this is reviewed by the permit manager, it will be
received and passed on to VDOT's right of way division with the request that it
be checked with the recorded highway plans in order to determine just what the
right of way conditions are at each particular location. After this is done,
the permit manager will send a copy of the plans with a set of permit forms to
the Department of Game and Inland Fisheries, along with the name and address of
VDOT's appropriate resident engineer. They will then prepare the permit
application or have their local representative in the particular area prepare
it with VDOT's resident engineer.
The resident engineer will send it to the district
administrator who will in turn check the permit application and forward to the
permit manager with their recommendations; and after further review, if found
to be satisfactory and practicable, the permit will be issued from the central
office. Permits will be issued only to the Department of Game and Inland
Fisheries.
24VAC30-150-1740. Public boat landing or dock. (Repealed.)
Applications will be initiated through the appropriate resident
engineer. The application will be handled in accordance with the procedure
outlined in Section 9.700 of the Maintenance Division Policy Manual.
24VAC30-150-1750. Service roads. (Repealed.)
In accordance with the policy to promote safety by
eliminating promiscuous ingress and egress to the main-traveled way from houses
bordering the right of way and to provide safe points of access at uniformly
spaced intervals, permits may be issued for service or frontage roads. Such
roads may be constructed by the department at the expense of the applicant or
by the permittee under such rules, regulations, specifications, and plans as
may be prescribed for same. Service road permits are issued only by the permit
manager.
The department will maintain such service roads in the same
manner and under the same conditions as may exist on the secondary roads of the
county in which said roads are located, or as may be further determined for
situations not consistent therewith. The department will prescribe rules and
regulations concerning the parking of vehicles, the direction of travel and other
uses of said roads, as may be applicable to each. Police powers shall prevail
on them the same as on other parts of the highway system. The cost of
maintaining frontage roads shall be charged against the route and section of
the highway upon which it is located.
Applicants for service drives must deposit check in the
amount equal to estimated cost of the work. Where such service roads are to be
built on private property bordering the right of way, the property owners
involved must convey to the Commonwealth the property required with fee simple
title.
24VAC30-150-1760. Median crossovers. (Repealed.)
Because of the hazards created by frequent crossovers on
divided highways, crossovers will be held to a minimum.
On limited access highways, crossovers and connections
between the service road and the main highways, when permitted, will be
provided during construction. It is not intended that additional crossovers be
allowed subsequent to the original construction.
On other than limited access highways, crossovers will be
provided during construction at intervals, adjusted to public road
intersections and large traffic generators, when the adjacent roadside
development justifies such crossovers. If not provided during construction,
such crossovers may be constructed by the Department of Transportation when the
character and intensity of land usage justifies such crossovers and safe
geometric design standards and physical conditions permit.
The requirements for all crossovers are contained in
Chapter 51 of the Traffic Engineering Division's Operations Manual. This should
be used to determine if and where a crossover can be permitted.
The application for permit must be accompanied by a check
in amount equal to the estimated cost of construction. This permit is to be
issued only by the district administrator.
All applications for crossovers must also be accompanied by
detailed sketches showing existing conditions, cross-sections, and full
justification therefor.
Part V
Miscellaneous Permits
Article 1
Agriculture and Commercial Use Agreements
24VAC30-150-1770. Commercial use agreements. (Repealed.)
Inasmuch as wider rights of way are being acquired by the
Virginia Department of Transportation for the ultimate development of the
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 Board
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.
In cases where the land adjoining the highway is to be used
for commercial purposes, such as a filling station, store, etc., and where the
existing road is located on the opposite side of the right of way, thereby
placing said place of 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 such place of business may locate his
driveways and pumps, in the case of a filling station, on the state right of
way, provided the same are at least as far from the edge of the existing
pavement as those in evidence on said road are from the nearest edge of the
pavement to their similar structures. 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 to govern.
Until such time as the Commonwealth Transportation Board
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 such land will be
limited to provisions as set forth in said agreement, which in general, will
cover commercial pursuits consistent with similar operations common to said
highway. Such operations and special conditions may include gasoline pumps but
no gasoline tanks.
The area of right of way designated for use of the
landowner must not be used for the storing of vehicles except while being
serviced at the gasoline pumps, and said area must be kept in clean and orderly
condition at all times.
Agreements will be subject to revocation for cause or as
outlined above, either in whole or for any portion of the prescribed area that
may be required for highway purposes, among which may be (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, (5) for other purposes as may be hereafter deemed necessary by the
Commonwealth Transportation Commissioner.
Applications for "agreements for commercial uses"
should be made on approved forms through the resident engineer and the district
administrator to the permit manager. Agreements must be accompanied by a sketch
showing the location of the roadway, shoulders, ditches and conditions existing
on said right of way, together with description and plat of the area to be
covered by same. The text of the application should definitely describe the
specific use for which the area is to be utilized.
Agreements shall only be issued to owners of property
adjoining the area to be used, and may be made for terms not to exceed one
year, subject to aforesaid cancellation of revocation clause. The Department of
Transportation shall not be responsible in any way for the policing of said
areas. No structures are to be erected on said areas without written approval
of the Commonwealth Transportation Commissioner.
24VAC30-150-1780. Agriculture use agreements (excluding
interstate highways). (Repealed.)
Inasmuch as wider rights of way are being acquired by the
Commonwealth Transportation Department for the ultimate development of the
highway, at such time as adequate funds are available for the construction of
same, including such preliminary features as tree planting, the correction of
existing drainage conditions, etc., the Commonwealth Transportation Department
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. In cases where 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 under the following policies and conditions to govern.
"Agreements for agricultural uses," 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,
may be made with adjoining property owners for the use of sections thereof. The
use of such land will be limited to provisions as set forth in said agreement,
which in general, will cover agricultural pursuits the same as are being
carried out on adjoining lands and thereby made an integral part thereof. Such
operations and special conditions to cover may be as follows:
A. Grazing of cattle and other livestock - provided the area
is securely enclosed by appropriate fence to eliminate any possibility of
animals getting outside of the enclosure.
B. Forage crops - hay, cereals, etc.
C. Vegetable crops - provided that the growth of same 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.
D. Fruit trees - Existing fruit trees may be maintained,
provided that they are sprayed to control insects and diseases; fertilized, and
the area is kept generally clear of weeds, etc.
E. Small fruits - may be planted but no guarantee of
longevity may be expected, as they will be subject to removal of the same as
other crops, etc.
F. Other Uses - as may be specifically approved.
Above agreements will be subject to revocation for cause or
as outlined above, either in whole or for any portion of the prescribed area
that may be required for highway purposes, among which may be (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 improvements of drainage, (4) the development of wayside, parking or turnout
areas, (5) for other purposes as may be hereafter deemed necessary by the
Commonwealth Transportation Commissioner.
Applications for "Agreements for Agricultural
Uses" should be made on approved forms through the resident engineer and
district administrator to the permit manager. Agreements must be accompanied by
a sketch showing the location of the roadway, shoulders, ditches and conditions
existing on said right of way, together with description and plat of the area
to be covered by same. The text of the application should show definitely the
specific use for which the area is to be utilized.
Agreements shall only be issued to owners of property
adjoining the area to be used, and may be made for terms not to exceed one
year, subject to aforesaid cancellation or revocation clause. The Department of
Transportation shall not be held responsible in any way for the policing of
said areas. No structures are to be erected on said area without written
approval of the Commonwealth Transportation Commissioner.
Concrete right-of-way markers shall be placed on the
right-of-way lines for all right of way acquired under the so-termed wider
rights-of-way policy, especially at locations where "agreements for
agricultural uses" are made.
Existing fences or new fences as may be provided for by the
right of way agreement shall be furnished and erected or moved to and on said
right-of-way line, except in cases where agreements are made for the use of
land within the right-of-way limits for agricultural or other purposes. When
agreements are made for such areas, the property owners may request and the
state may grant the right to eliminate the erection of the fence on the
right-of-way line bordering said areas, in which event the fence as required by
the right of way agreement will be delivered to the property owner, thereby
completing said transaction.
The property owner may then temporarily erect said fencing
to enclose the area covered by agreement. Upon expiration or revocation of said
agreement, the fencing must be removed immediately from within the right of
way. In case it is not removed within 30 days after due notice has been given
the owner, the state may remove the fence without recourse. When said fence is
not erected on the right-of-way line as hereinbefore provided, the
responsibility of the state for the erection of same shall cease upon delivery
of it to the property owner.
Article 2
Banners and Decorations
24VAC30-150-1790. Decorations. (Repealed.)
Resident engineers are authorized to issue permits allowing
towns to put up Christmas decorations such as the stringing of lights, names,
etc., across the street, provided the minimum height of same is 21 feet above
the center of the road. These shall not remain in place longer than 30 days,
and shall be removed immediately after the holiday season.
24VAC30-150-1800. Banners. (Repealed.)
Resident engineers are authorized to issue permits to hang
banners across state highways to chautauquas, centennials, religious or civic organizations,
agricultural and county fair associations, etc. Such banners are not to remain
in place for a period longer than 30 days. They must at all times be a minimum
of 21 feet above the center of the road. They shall not in any way detract from
or interfere with any existing highway sign or signals.
24VAC30-150-1810. Chutes (coal, mines, gravel pits, etc.).
(Repealed.)
At times it is necessary to issue permits for chutes, tipples
or other structures to handle coal, gravel or other material. In many cases,
these are only operated for relatively short periods, and when the operators
cease work, they leave the structures on our right of way. During the operation
they leave debris and trash around the structure or on the roadway. The fee
charged should be sufficient to clean up debris or remove the structure, or
both, should it become dangerous or when it is no longer being used. No
advertising signs or names of owners will be allowed on chutes located on the
right of way.
24VAC30-150-1820. Construction or reconstruction of roads,
bridges or other drainage structures. (Repealed.)
Application for permit will be initiated through the appropriate
resident engineer, right of way engineer, and district administrator who will
forward it, with their comments, to the permit manager who will approve or
disapprove the permit.
24VAC30-150-1830. Crest stage gauge, water level recorders
and flood gates. (Repealed.)
Application for permit will be initiated through the appropriate
resident engineer who will forward it, with his comments, through the district
administrator to the location and design division for review and recommendation
to the permit manager who will approve or disapprove the permit. The
installations will be made for hydrological studies conducted jointly by the
Virginia Agricultural Experiment Station, Agricultural Research Service, and
Department of Conservation and Recreation-Division of Soil and Water
Conservation.
The application must be accompanied by the following:
A. Location and description of culvert or bridge, or both;
B. Drawings and explanatory notes in sufficient detail to
give complete description of the proposed installation; and
C. In addition to the number of drawings required for processing
the permit, one extra set will be required for the files of the drainage
section.
The permits will be issued without guarantee or permit
fees, as these are considered cooperative projects wherein the department will
benefit.
Where feasible and at the convenience of the resident
engineer, assistance in the form of labor may be given for the purpose of the
initial installation.
24VAC30-150-1840. Flood gates. (Repealed.)
Permits may be issued to landowners to hang flood gates under
bridges on the downstream side, where it is necessary to fence the fields for
stock. The gates will be so constructed that they will operate freely with the
pressure of water and the hoops or hinges of such size that if debris lodges
against them they will give way.
The actual physical attachment to the bridge will be made
by the department with the applicant paying the actual cost. The gates shall be
maintained by the owner.
24VAC30-150-1850. Farm ponds. (Repealed.)
In accordance with the following specifications, the
Virginia Department of Transportation may grant property owners permits for the
establishment of farm ponds against highway fills.
A. Each Soil Conservation District Board of Supervisors
will advise the appropriate Transportation district administrator in writing of
their official agent to act for them concerning the establishment of farm ponds
on State right of way located within their jurisdiction. The district
administrator will notify this agent of construction projects within the area
when he receives plans for field inspection. The agent will then in turn notify
all landowners along the project who may be interested in establishing farm
ponds.
B. The agent will report to the resident engineer the names
of all property owners interested in building ponds and the proposed location
of these ponds along proposed or existing highways. The resident engineer will
notify the agent regarding each case, whether a permit will be required or the
necessary arrangements that should be made in right-of-way negotiations.
C. The petitioner, with the assistance of the Soil
Conservation Service, will determine the feasibility of the-proposed pond and
submit to the department details as follows:
1. Copy of a plan for the proposed pond with the following
data:
a. Location of pond in relation to the highway;
b. Computation of probable peak runoff from the
contributing watershed;
c. Proposed normal and flood stage water surfaces;
d. Cross-sections of the highway fill to be used as part of
the dam and the location, size and condition of the existing drainage structure
through the highway fill;
2. Types and details of proposed spillways and drainage
control devices;
3. Copy of computations made for determining peak discharge,
flood routing and spillway capacities; and
4. Purpose of the pond.
The above details will be submitted to the resident engineer
who will forward them through the district office to the location and design
division for review and recommendation to the permit manager who will approve
or disapprove the permit. The location and design division will request
embankment recommendations from the materials division, review the plans and
computations, and advise in regard to approval or disapproval of the permit.
The plans and computations will be retained by the location
and design division.
D. The resident engineer or district administrator will
notify the Soil Conservation District Board of Supervisors, or their agent, who
will advise the applicant of the approval or disapproval of his request for a
permit.
E. If a permit is authorized, the resident engineer or
district administrator will then notify the applicant of his responsibility
regarding cost, landscaping, maintenance, and other pertinent data. He will
also advise the applicant of any possible future revisions in the highway and
their effect on the pond.
24VAC30-150-1860. Specifications for the construction of farm
ponds adjacent to highways. (Repealed.)
A. Drainage Area - The basin drained by the streams contributing
to the reservoir shall be run out to determine the watershed area. Accurate
delineation or dependable topographic maps or aerial photographs, when
available, may be used for this purpose.
B. Structures - All drainage structures conducting the
effluent from the ponds through the highway fills shall be adequate to carry
the maximum discharge from the design flood originating in the drainage basin.
Generally, structures shall be so designed and constructed that the maximum
high water stage from the design storm shall not be higher than one foot below
the outer edge of the shoulder of the highway at its lower point adjacent to
the pond or its basin. The design storm will generally be 25 years or 50 years
recurrence; however, the importance of the highway, adjacent property and the
necessity for safety precautions may dictate greater or lesser frequency design
storms. No movable gates or valves will be permitted to serve as spillways;
however, gates or valves will be installed in addition to the spillways to
permit draining the pond for management purposes.
C. Roadway Fills - All highway embankments which serve as
dams to impound water in the farm ponds shall be critically examined to
determine their suitability for this purpose. If found to be of doubtful
stability, permits will not be granted unless or until the fills are
strengthened or stabilized to the satisfaction of the commissioner and at the
sole expense of the petitioner.
D. Landscaping - All of the area to be impounded within
sight distance of the highway shall be cleaned of all trees and bushes, and the
shore line shall be left in a neat and presentable condition.
E. Engineering - All measurements, calculations and design
will be performed or reviewed by engineers of the Department of Transportation,
and construction will be performed by or under the supervision of engineers of
the Department. Decisions by the Department of Transportation's engineers will
be final.
F. Cost - The cost of all work and appurtenance incidental
thereto required for the construction of farm ponds shall be borne solely by
the petitioner, less the amount which the department would have had to spend
for drainage structure if the spillway had not been built. If no guardrail is
in place at the proposed location, the cost of erecting guardrail, approved by
the department, must be borne by the applicant.
G. Bond - The cost of the work contemplated shall be
estimated by the Engineer of the Department of Transportation, and the
petitioner shall furnish a bond to cover said estimate before work is started.
H. Under no circumstances shall this department be
committed to the reconstruction, relocation, adjustment and protection of
existing road at the expense of highway funds without first obtaining approval
of the commissioner.
24VAC30-150-1870. Fire warning signal. (Repealed.)
Fire warning signals may be erected over streets or
highways at fire stations to facilitate the safe and expeditious entry of
fire-fighting equipment. The request for and the type of signals used must be
in accordance with the requirements set forth on pages 953 and 954 of the
"Virginia Manual on Uniform Traffic Control Devices."
24VAC30-150-1880. Grading on right of way. (Repealed.)
Interstate and all other limited access highways - The board
will not grant permits for removing trees or grading on the right of way or
otherwise changing its appearance except in unusual circumstances where such
work should improve the appearance, safety or operation on the interstate or
any other limited access highway.
Primary and secondary systems excluding limited
access-grading may be allowed on primary and secondary systems by permit
provided the safety, appearance and operation of vehicles on the highway are
not jeopardized. In areas where trees are to be removed or slopes to be graded,
or both, a careful review should be made by all concerned before a permit is
granted. The permit should also contain a complete description of the
restoration of the disturbed area.
All permits involving tree cutting for entrances at
locations that are considered unsafe must be forwarded to the central office
for review. Tree-trimming application (Form TT and TT-a) should be handled in
accordance with 24VAC30-150-740.
24VAC30-150-1890. Hauling and moving permits. (Repealed.)
No houses or structures shall be moved along or across a state
highway without the written approval of the Commonwealth Transportation
Commissioner, and only when transported on a motor vehicle in conformance with
the motor vehicles' laws.
Full details concerning hauling and moving permits are
covered in the current Hauling Permit Manual issued by the maintenance
engineer.
Section 46.2-1139 of the Code of Virginia, empowers the
Commonwealth Transportation Board to issue hauling or moving permits for the
operation or movement of a vehicle of a size or weight in excess of legal
limit.
Hauling or moving permits may be issued through the central
office, district administrators' offices and resident engineers' offices
throughout the Commonwealth.
24VAC30-150-1900. Herbicides usage. (Repealed.)
The requirements and regulations governing the use of herbicides
are contained in Section 8.360 of the Maintenance Division Policy Manual.
24VAC30-150-1910. Mailboxes; newspaper boxes. (Repealed.)
No formal permits are required for the placing of mailboxes
or newspaper boxes on the right of way.
24VAC30-150-1920. Mailboxes. (Repealed.)
Guidelines for the placing of mailboxes are outlined in
Section 3.241 of the Maintenance Division Policy Manual.
24VAC30-150-1930. Newspaper boxes. (Repealed.)
Newspaper boxes are to be placed in accordance with the guidelines
outlined in Section 3.242 of the Maintenance Division Policy Manual.
24VAC30-150-1940. Pedestrian underpass. (Repealed.)
Permits for pedestrian underpasses will be considered for issuance
when the request indicates a definite need for the protection of the
pedestrian. The applicant will submit complete plans and information to the
resident engineer who will make a thorough investigation of conditions and
location. The application along with plans, etc., will be forwarded to the
district administrator along with his recommendation concerning approval or
denial. If the district administrator finds the application to be satisfactory
and recommends approval, he will forward the application with his
recommendation to the permit manager. Final approval will be dependent upon the
review of the structure and bridge division (for structural integrity),
location and design (for conflicts with future road construction), and traffic
and engineering division (for approval of any detour).
24VAC30-150-1950. Pipes from planing mills (overhead). (Repealed.)
Application for permit will be initiated through the appropriate
resident engineer and district administrator who will forward it, with their
comments, to the permit manager who will approve or disapprove the permit. If
the pipes for planing mills are inside the corporate limits of a town, a
resolution from the town officials approving the construction and location of
the pipeline shall be required by the resident engineer before submitting the
permit application, with complete plans to the permit manager.
Article 3
Railroad Grade Crossing or Encroachments
24VAC30-150-1960. Application for permit. (Repealed.)
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 will not
be issued to concerns contracting for such operations. All permit applications
for highway grade crossings of secondary highways must be accompanied by
resolutions from the County Board of Supervisors, approving the crossing. This
is required before the permit can be issued. Railroad permits are issued only
by the permit manager.
24VAC30-150-1970. Permit requests from railroad companies.
(Repealed.)
1. 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.
2. In the event of future widening of the highway, the
permittee will lengthen the crossing surface, relocate signs and signals, etc.,
as may be necessary, at no expense to the Commonwealth.
3. Suitable construction bond is required when the
construction work is to be performed by a contractor for the railroad.
24VAC30-150-1980. Permit requests by other companies. (Repealed.)
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 will 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 the department 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, the department shall be notified prior to such
action, and proper arrangement then made for the transfer.
24VAC30-150-1990. Plan or sketch for railroad permit. (Repealed.)
Sketch should 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 same, and width of the right of way of both
railroad and highway. The grade line of the railroad must conform with the
grade line of the highway and be so indicated on the sketch. Any difference in
grade necessary, due to crown of the highway, must be taken out by the railroad
company with the use of plant-mix-asphalt material, or as may be specified by
the engineer.
24VAC30-150-2000. School warning signals. (Repealed.)
School warning signals consist of a sign flashing-beacon combination
assembly, as described in the Virginia Manual on Uniform Traffic Control
Devices, and must comply with §§ 46.2-870 through 46.2-878 of the Code of
Virginia.
Installation on the highway right of way will be permitted
provided that either the county or school board having jurisdiction over the
school desiring such protection, submit the application and agreement for the
installation of school warning signals along with the regular Form CE-7 permit
application covering the installation of underground or overhead wires leading
to the signs and lights, along with Form T & S-163 and associated sketches
outlining locations of signals.
Article 4
Shelters
24VAC30-150-2010. School bus shelters. (Repealed.)
Applications must be made by the State Board of Education or
by the County School Board through the State Board of Education.
The application must (1) specify how maintenance and
repairs are to be handled and (2) have a sketch to show the design and
dimensions of the building, location of the same with respect to the edge of
the pavement, shoulder, drainage and right-of-way line.
Applications are to be sent to the resident engineer who
will inspect the location, indicate the same on the county map, and forward
with his recommendations to the district administrator.
An application may be made for one or more shelters,
provided they are all in the same county. Insofar as possible, the number of
such locations should be limited and every consideration given to accommodating
the greatest number of users at the same location.
When the building or buildings for school bus shelters are
erected, the Virginia Department of Transportation will grade and suitably
surface and maintain areas around them.
No indication shall be made on any signs to the effect that
the building was donated by any civic organization or individual.
24VAC30-150-2020. Other shelters. (Repealed.)
Applications may be made by any responsible organization or
company. In addition to the requirements as under 24VAC30-150-2010, the
applicant must agree to do all grading necessary to stabilize the turnout and
to maintain the shelter in a manner satisfactory to the department.
24VAC30-150-2030. Share-the-ride stations. (Repealed.)
Share-the-ride stations are primarily for the use of military
personnel. The sites for locations of these shelters are to be recommended by
the head of the military establishment which they are to serve. In all cases,
the military organization, whether Army, Navy or Air Force, must take full
responsibility for their erection and maintenance.
Design for these shelters will be, as approved by the
department, in accordance with plans submitted by the Special Committee of
Military Officers as arranged in the office of Captain J. F. Delaney, U. S.
Navy Assistant Chief of Staff for Personnel, Headquarters Fifth Naval District,
Norfolk, Virginia 23511, at a meeting held on Thursday, September 4, 1952, or
as may hereafter be revised and approved.
It is understood that the applicant will be agreeable to
having said shelters erected at places designated by the resident or district
administrators, or both, presumably on the back edge of the right of way. Ample
space must be available in front of the shelters for vehicles to park off the
pavement while loading or unloading military personnel.
Each shelter must be inspected and thoroughly policed every
day in the week by the permittee.
Wherever names, or writings of an obscene nature or
otherwise are found on said shelters, they will be promptly deleted, either by
erasure or painting out.
Only signs as approved by the department will be allowed on
these shelters. Such signs would only carry inscriptions such as "Give A
Service Man A Ride." In no case will the name of the donor of such
shelters (such as Lions, Rotary, Kiwanis, etc.), or the name of the encampment
or fort, be allowed on the building.
Whenever the shelter is not properly maintained as
indicated above, or it becomes a nuisance in the estimation of the highway
engineers, the permittee will take immediate measures to correct these
conditions or remove the shelter from the highway. If the permittee fails to do
so within a reasonable time, as indicated by a notice from the district
administrator or resident engineer, the shelter will be removed by the
department at the expense of the permittee and all material therein confiscated
by the department.
At the discretion of the district engineer, signs may be
placed, when advisable 1,000 feet ahead of the shelter, reading as follows:
SHARE-THE-RIDE STATION
1,000 FEET AHEAD
It is generally agreed that the shelters will be painted
gray.
24VAC30-150-2040. Structures allowed under right of way
agreement. (Repealed.)
In such rare cases where it has been absolutely necessary to
enter into such agreement in securing right of way, complete records regarding
the transaction must be on file in the residency and district offices, as
supplied by the right of way division. Permits covering right of way agreements
are to be prepared by the resident engineer and forwarded to the district
administrator who will issue the permit; however, it must be clearly understood
that this requirement on permits only begins with the date of approval of this
manual on permits by the Commonwealth Transportation Board. Permits are not
required covering agreements prior to this date and do not in any way affect or
change these agreements.
24VAC30-150-2050. Waiting sheds. (Repealed.)
According to a resolution adopted by the State Highway
Commission on May 22, 1945, "The Commission authorizes the granting of permits
in certain instances for the erection of waiting sheds on the right of way of
highways. The Chairman to have definite specifications written which will cover
the removal of such waiting sheds upon request of the department. Sheds will
not be permitted where sight distance will be impaired, and they will not be
allowed to interfere with the safe movement of traffic."
Applications for such permits must be made on regular
permit forms. Applicants must agree to maintain or repair said buildings or to
reimburse the department for maintaining or repairing same. Permits may be
revoked and the building removed on failure to comply with the above promptly
after due notice is given.
24VAC30-150-2060. Signs. (Repealed.)
Traffic shall at all times be properly protected by
adequate traffic signs, signals, lights, barricades, etc., which shall conform to
the Virginia Manual on Uniform Traffic Control Devices. No advertising signs
indicating by whom the work is being done will be allowed on state right of
way, except as may be prescribed by the department.
24VAC30-150-2070. National park service; national military
park. (Repealed.)
Permits for the erection of signs to be erected in areas near
the national military grounds and buildings will be issued by the permit
manager, but only after application has been made through the district
administrators and resident engineers by the proper and responsible military or
national park official to the permit manager. No permit fee or guarantee fee is
required.
24VAC30-150-2080. Outdoor advertising. (Repealed.)
Enforcement of the provisions of the Code of Virginia pertaining
to outdoor advertising is vested in the Commonwealth Transportation
Commissioner, viz.: "It shall be the function and duty of the Commissioner
to administer and enforce the provisions of this Act. He may, in the
performance of his duties hereunder, assign to division administrators, and
other employees in the Department of Transportation, such duties other than
discretional powers as he may think appropriate."
In accordance therewith, the commissioner has assigned the
handling of licenses, permits, renewals, etc., to the environmental engineer,
together with the necessary authority to assign employees of the Department of
Transportation such duties as he may think appropriate.
24VAC30-150-2090. Miscellaneous signs (no formal permit
required for the following signs). (Repealed.)
A. Forestry - Authorized representatives of the National and
State Forest Service may place forest fire warning signs on the right of way
without a permit. However, careful attention should be given to the location of
these and, more particularly, to the number that are put up.
Presumably, most of these will be placed near forest
reservations or wooded areas. However, only a limited number of the small
cardboard or metal signs should be allowed on our 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.
This may be done under the following agreement:
"The engineers of the Department of Transportation
have agreed that the idea of posting signs to prevent forest fires is
excellent. We will work with the Department of Conservation and Recreation in
locating signs on the highway right of way. We should keep the following in
mind:
1. No highway sign should carry more than one message - thus
no other signs should go on posts bearing highway signs;
2. No signs should be erected which would restrict sight
distance or be close to highway warning and directional signs;
3. Signs regarding forest fires should be placed by fire
wardens at locations suitable to the Department of Transportation."
In all cases, the forest warden is to collaborate with the
resident engineer in selecting the location.
B. Garden week - These are to be made, erected, maintained
and removed by employees of the department. The appropriate committee of the
Garden Club of Virginia will designate the gardens and places that are to be
officially opened during Garden Week, notify the district administrator or
resident engineer of same, and they will have the necessary inspections made to
determine where these signs should be placed and maintained.
C. Men working - At such times as employees of public
utility companies or others are doing work on the state right of way, they must
properly protect traffic by adequate traffic signs, signals, lights,
barricades, etc., which shall conform to the Manual on Uniform Traffic Control
Devices. The same provision may apply to railroads where their forces are at
work repairing railroad crossings. No permit is required.
D. Rescue Squad - These signs are for use on the approaches
to the rescue squad headquarters. (See page 520 of the Virginia Manual on
Uniform Traffic Control Devices.)
E. Fire Station - These signs are for use at fire station
headquarters. (See Page 519 of the Virginia Manual on Uniform Traffic Control
Devices.)
F. Bird Sanctuary - The Department of Transportation will
fabricate and erect these signs, upon receipt of a request from a town or city,
at the corporate limits under the town name sign at the expense of the
municipality. (See page 534 of the Virginia Manual on Uniform Traffic Control
Devices.)
In order for a town or city to be designated as a BIRD
SANCTUARY, it is necessary for the town or city council to pass a resolution to
that effect.
24VAC30-150-2100. Historical markers. (Repealed.)
These are maintained by the Department of Transportation. When
historical markers are broken beyond repair, notice of the same shall be sent
to the environmental engineer, giving full details. All requests for historical
markers must be approved by the Virginia Historic Landmarks Director.
Permits are required for historical markers not erected by
the department. The Highway Commission established the following policy
regarding the erection and maintenance of historical markers on January 23,
1969:
A. Historical markers (other than those in the regular
system of markers) approved by the Virginia Historic Landmarks Board may also
be erected within the department's right of way along any highway except those
in the interstate system and those that are limited access highways.
B. Such markers, subject to the approval of the Federal
Highway Administration, may be erected within rest areas along the interstate
system.
C. Markers along limited access highways shall be restricted
to locations within waysides.
D. Any historical marker so erected shall be subject to the
following conditions:
1. The entire cost of furnishing and erection of the
marker, together with the construction of the turnout or stabilization of the
shoulder, shall be at the expense of the donor. In the interest of uniformity,
the department will undertake the actual construction (turnout or shoulder
stabilization) and bill the donors for the cost involved.
2. In order to promote safety, the marker will be placed at
a location approved by the Department of Transportation. Such marker shall be
located a minimum of 30 feet from the edge of pavement unless guardrail or the
topography makes it safe to locate it nearer the pavement.
3. Prior to placing the marker, those causing the erection
of the marker shall secure a permit (Form CE-7) to cover this operation. No
bond or permit fee shall be required for such a permit.
4. The department will maintain the turnout or stabilized
shoulder.
5. Only markers similar to and erected in the manner of the
standard historical marker may be erected.
6. The donors agree to pay the cost of maintaining the
marker, which will include repainting at intervals or repairing, should the
marker be damaged as a result of a vehicle accident or vandalism.
7. Should the donors at any time not agree to pay the cost
of keeping the marker in a good state of repair, the department reserves the
right to remove the marker and make such disposition as it sees fit.
8. All permit applications for such markers shall be
forwarded to the central office for approval by the environmental engineer and
issuance by the permit manager.
24VAC30-150-2110. Springs and wells. (Repealed.)
In the acquiring of right of way, it is often necessary for
the Department of Transportation to acquire land on which is located springs
and wells, and their facilities. It is the policy of the department 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 said
springs, wells, and their facilities may be granted a permit to use these
springs, wells, and their facilities until the Commonwealth Transportation
Commissioner shall, by written notice, advise that the permit is terminated.
The issuing of the permit shall in no way obligate the Department of
Transportation to maintain the springs, wells or facilities.
24VAC30-150-2120. Steps, sidewalks, curb and gutters. (Repealed.)
Permit for steps, sidewalks, etc., to be placed on the right
of way require a guarantee fee adequate to ensure such work being done in an
orderly manner and completed in such a way that the facility will be safe at
all times. No fees are to be charged when work is done under right-of-way
agreement.
24VAC30-150-2130. Surveys on limited access right of way by
private surveyors. (Repealed.)
(Permits for Access to Limited Access Highway Right of Way by
Private Engineers and Land Surveyors in Connection with Survey Control)
A permit issued by the Department of Transportation shall
be required for each entry onto limited access facilities for surveying
purposes. Consideration for the issuance of such permits will be given only
when the necessary data cannot be obtained from highway plans, monuments or
triangulation, or any combination of these, and the applicant provides
justification for entry onto the limited access facility.
Permits for this type of work shall be divided into two
classes as follows:
CLASS I - When survey work can be confined to the area
between the limited access fence and the shoulder
CLASS II - When it is mandatory to do certain survey work
within the roadways themselves
Permits for Class I work can be approved by the district
administrator. Permits for Class II work shall be forwarded through channels
for approval by the permit manager.
All permits are to be prepared on Form CE-7 for each entry
onto the limited access facility. Where the proposed work requires entry at
several locations along a limited access highway, one permit may cover all
locations providing, however, that all such work shall be performed in
succession with no prolonged lapse of time.
Permits shall include the following information
restrictions or special provisions, or both, as indicated for each class of
work:
CLASS I (When survey work can be confined to the area
between the limited access fence and the shoulder)
1. Complete information as to the location and description
of the proposed work and the part of parts of the limited access facility it
will be necessary to occupy.
2. Small "MEN SURVEYING" signs shall be displayed
along the work area.
3. No vehicles shall be parked on the limited access facility.
4. This permit does not cover any work upon or entry onto
the roadway, including shoulders and median.
5. There will be no changes in the limited access features
of the highway during or resulting from the privileges granted in this permit.
6. No trees or shrubs are to be cut or trimmed except upon
approval of the environmental engineer.
7. No pins, stakes or other survey markers are to be placed
within the right of way which will interfere with mowing or other maintenance
operations.
8. The Department of Transportation reserves the right to
stop the work at any time the terms of the permit are not complied with
satisfactorily.
9. Applicants to whom permits are issued shall at all times
indemnify and save harmless the Commonwealth of Virginia and the Commonwealth
Transportation Board from responsibility, damage or liability arising from the
exercise of the privileges granted in such permits.
10. A permit may be denied any applicant; and all permits
issued by the Commonwealth Transportation Board may be revoked whenever, in the
opinion of the Commonwealth Transportation Board, the safety, use or
maintenance of the highway so requires.
11. Initial permit fee of $40.
CLASS II (When it is mandatory to do certain survey work
within the roadway)
1. Complete information as to the location and description
of the proposed work and the part or parts of the facility where survey work
will take place.
2. Explanation of the necessity to enter upon or occupy the
roadway to obtain required data.
3. Anticipate time required to perform the survey work on
the roadway and length of time any lane will be closed.
4. Entry will not be permitted between the hours of 6:30 to
9:30 a.m. and 3:30 to 6:30 p.m. on high volume traffic facilities or during
other peak-hour traffic as may be specified by the resident engineer. (All
restricted hours must be shown on permit).
5. There will be no changes in the limited access features
during or resulting from the exercise of the privileges granted in this permit.
6. No trees or shrubs are to be cut or trimmed except upon
approval of the environmental engineer.
7. No pins, stakes, or other survey markers are to be placed
within the right of way which will interfere with mowing or other maintenance
operations.
8. The area in which the work is being performed shall be
signed with adequate lights, signs, signals, barricades, etc., which shall
conform to the Virginia Manual on Uniform Traffic Control Devices. These signs,
including truck with amber flashing light, will be procured and placed by the
permittee.
9. Flagmen shall be used to direct traffic in addition to
the signing required. All flagmen shall wear red reflectorized vests.
10. No vehicles shall be parked on the limited access
facility beyond the sign protected area.
11. The Department of Highways and Transportation reserves
the right to stop the work at any time terms of the permit are not complied
with satisfactorily.
12. Applicants to whom permits are issued shall at all times
indemnify and save harmless the Commonwealth of Virginia and the Commonwealth
Transportation Board from responsibility, damage or liability arising from the
exercise of the privileges granted in such permits.
13. A permit may be denied any applicant; and all permits
issued by the Commonwealth Transportation Board may be revoked whenever, in the
opinion of the Transportation Commissioner, the safety, use or maintenance of
the highway so requires.
14. Initial permit fee of $40. Very careful review of each
permit application is essential, and every effort should be made to encourage
private engineers and land surveyors to confine their activities to our
monuments, plans and triangulations rather than attempt to occupy the roadway
alignment.
Article 5
Telephone Booths
24VAC30-150-2140. Interstate systems. (Repealed.)
Telephone booths may be allowed at rest areas and other locations
as provided in the POLICY ON SAFETY; REST AREAS FOR THE NATIONAL SYSTEM OF
INTERSTATE AND DEFENSE HIGHWAYS by the Committee on Planning and Design
Policies of the American Association of State Highway Officials and allowed at
other locations when definitely needed as shown by our engineers' study.
24VAC30-150-2150. Other highways. (Repealed.)
Telephone booths may be allowed when a definite need exists
to serve the traveling public, such as:
A. At wayside areas, if well removed from access to off
right-of-way telephone pay stations.
B. At other isolated areas sufficiently removed from
existing off right-of-way telephone pay stations as to impair the safety and
convenience of traffic, providing:
1. No private land is available or suitable for location of
booth;
2. Location meets all safety requirements as to sight
distance, access roads and parking; and
3. All costs incidental to providing turnout and parking
area are borne by the telephone company.
24VAC30-150-2160. Trash containers. (Repealed.)
Trash receptacles may be placed, with the exception of limited
and controlled access highways, on highway right of way provided they are
located as close to the right-of-way line as possible, and shall at all times
be 15 feet or more from the edge of pavement.
The trash receptacle shall have a clearly defined entrance
and exit. The portion of the entrance which parallels the roadway shall be a
minimum of 15 feet from the edge of pavement.
If this cannot be accomplished, then the entrance should
circle around behind the receptacle. All portions of the entrance located on
state's right of way shall be stabilized with crushed stone.
The entrance shall be located where there is adequate sight
distance, and all locations should be reviewed by the district traffic
engineer. The locating of receptacles at intersections is not desirable and
shall be avoided if at all possible.
Trash receptacles shall be maintained in a neat condition
at all times, and shall periodically be sprayed to keep down flies, odors, etc.
If the receptacles are not maintained in a manner satisfactory to the
Department of Transportation, then they shall be removed from the right of way.
Trash receptacles located on heavily traveled highways may
require planting to screen off the receptacle. This determination shall be made
by the resident engineer.
The permittee shall secure written permission from the
adjacent property owner prior to locating the receptacle on state's right of
way.
All permits must be submitted to the central office for
review and approval.
The application should be submitted and Form CE-7 with no
permit fee required, but an appropriate guarantee fee will be charged.
Article 6
Tree Trimming and Planting
24VAC30-150-2170. Tree trimming. (Repealed.)
No trees or shrubs are to be cut, trimmed or sprayed, except
upon approval or under supervision of the environmental engineer.
Tree Trimming Permits are required for any work done on
highway trees, whether in connection with a regular permit or as a separate
operation. The original and four copies of tree-trimming application (Form TT
and Form TT-a) must be recommended for approval by the resident engineer, who
checks same principally to determine whether or not the trees involved are on
state right of way. The district environmental coordinator checks the application
with respect to the effect of the proposed work on the life and appearance of
the trees.
The district administrator may issue normal tree-trimming
permits, with special or unusual cases being referred to the environmental
engineer for issuance. Permits involving removal of trees over 6 inches in
diameter may be issued only after review and approval by the environmental
engineer.
Utility companies may submit applications for permission to
retrim trees and other vegetation along their lines located on highway rights
of way by submitting application Form TT, completely filled out, with one sheet
TT-a attached stating: "Same work and clearance as shown on Permit Number
__________ with exceptions as noted below." Any difference in type of work
to be done should be listed.
Tree trimming shall be performed under the direction of a
supervisor that has been approved to trim trees on the state's right of way and
whose name appears on a list maintained by the environmental division and the
district environmental coordinator.
Tree-trimming applications will not be accepted from tree
expert companies or contractors.
All work shall be performed in accordance with special
provisions on tree-trimming applications; however, where special conditions
arise, the environmental engineer will set forth requirements for the same.
An initial permit fee of $40 is required together with a
sufficient bond, guarantee fee, or irrevocable letter of credit.
Additionally, tree-trimming applications for work in
connection with permit applications (Form CE-7, CE-6B, etc.) shall be handled
in accordance with 24VAC30-150-740 through 24VAC30-150-1880.
24VAC30-150-2180. Tree planting. (Repealed.)
All plans for planting trees or shrubs on the right of way must
be approved by the environmental engineer. If the planting is to be done by
someone other than state forces and has been approved by the environmental
engineer, a permit (Form CE-7) must be issued to cover the work. This may be
issued by the district administrator. A guarantee fee (amount to be determined
by the resident engineer) must be charged for the permit.
24VAC30-150-2190. Building movements. (Repealed.)
All building movements over 14 feet wide require the approval
of the permit manager after the field has performed the necessary investigative
report (Form MP-83). All building movements should be covered by a performance
bond that is commensurate with the type of move requested. The rules and
regulations governing House Movements are covered by the Hauling Permit Manual,
current edition.
24VAC30-150-2200. Vendors on right of way. (Repealed.)
Vendors of newspapers and "written materials" enjoy
constitutional protection under the First Amendment to place or operate their
services on highway rights of way. However, newspaper vending machines shall
conform to the size, shape, appearance, placement and location as directed by
the resident engineer for that area.
Vendors of materials or goods other than newspapers and
written materials do not enjoy First Amendment protection and can be removed,
when necessary, and are required to obtain a permit. These vendors do, of
course, provide a service to the public and should not be discouraged unless
their activities endanger the public safety or constitute an eyesore or
nuisance. Permits for these vendors shall be issued by the residency for the
area involved, on the basis of vendor finding a safe location, vendor's
operation being conducted in a safe manner, and not causing congestion to
vehicle traffic.
These permits shall be issued on the standard Form CE-7 as
a "blanket permit" with a $100 annual renewal charge and shall run
from July 1 of the issuing year through June 30 of following year.
Termination of permit activity shall be at the discretion
of the resident engineer if the permittee fails to keep highway in a clean and
orderly manner or if public safety so dictates.
IMPORTANT: No permanent structure of any kind shall be
placed on the highway right of way (with the exception of newspaper vending
machines).
A guarantee fee shall be charged commensurate with what
resident engineer determines it will cost to clean up and restore the right of
way.
FORMS (24VAC30-150) (Repealed.)
Form CE-7.
Form MP-20.
Form CE-6B.
Form MP-70.
Form MP-232.
Form MP-83.
Form MP-233 (Permit Surety Record Form).
MP-230.
MP-231.
Resolution Or Ordinance In Lieu Of Guarantee Fee Or Bond.
CR Form 185 (License For Installations Upon Right Of Way).
Comprehensive Agreements.
Tree Trimming Application (Form TT).
Permit For Chemical Control Of Vegetation (BC-1).
Application For Permission To Work On Public Highway Trees
(Form TT-a).
T & S-163 (School Warning Signals).
Permit Application Check List (when not in conjunction with
construction projects).
Permit Application Check List (when in conjunction with
construction projects).
Form MP-71 (Subsequent Special Provisions).
Special Provision For Temporary Logging Road.
Special Provision For Sanitary Sewer Facilities For Proposed
Highway Projects.
Special Provision For Water Facilities For Proposed Highway
Projects.
Form MP-234.
Aerial And Underground Sample Sketches.
Typical Encased And Uncased Crossings.
Typical Encasement and Allied Mechanical Protection.
Typical Protection Of Existing Pipelines.
Typical Traffic Control For Utility Work.
Revenue Refund Voucher (Form DA-02-181) (-62).
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 total border ] area [ provided
beyond the edge of the traveled way for the recovery ] of
[ a roadway, including, if any, parking lanes or planting strips, that
is sufficiently wide for an ] errant [ vehicles
vehicle to avoid a serious accident ]. [ The width
of the clear zone is determined by the type of facility, traffic volume, speed,
horizontal alignment and embankment and is detailed Details on the
clear zone are ] 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 [ , agricultural operations to
obtain access to fields, or civil and communication infrastructure facilities
that generate 10 or fewer trips per day such as cell towers, pump stations, and
stormwater management basins ]. (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. ]
"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 ( [ 24VAC30-20 see
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 nonemergency 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, or other 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 single 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 nonlimited 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. Noncompliance 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 within the right-of-way.
(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
[ 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. [ For single
use permits, such consolidation shall not be for a length greater than two
miles. ] 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 [ the 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
24VAC30-310 see 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 [ receipt of notice from ] 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 10 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 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 and
days for single use permits. The central office permit manager may establish
alternate time restrictions in normal working hours and days 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 that 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 installations ].
[ 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. Parallel C. 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. Overhead F. 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 (see
24VAC30-151-760), 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 nonlimited 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 nonshared
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 require 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 where practical.
When locating the utilities outside of the pavement area is not practical, such
as in high density developments incorporating the principles of new urbanism as
described in § 15.2-2223.1 of the Code of Virginia, utilities may be
placed under the pavement. When utilities are proposed to be placed within the
ditch line or under highway pavement, the permit applicant shall provide the
justification to the district administrator's designee ].
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 nonlimited 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 that 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,
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 Roadway ] 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 filming 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 Chapter 7 (§ 33.1-351 et
seq.) of Title 33.1 and § 46.2-831 of the Code of Virginia and the Rules and
Regulations Controlling Outdoor Advertising and Directional and Other Signs and
Notices and Vegetation Control Regulations on State Rights-Of-Way ] (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 [ or any extension of the term approved in accordance with this section ] , 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 the locality's identification 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 such as pedestrian oriented trash cans, 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
nontransportation 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 [ in Rules
and Regulations for Enforcement of the Virginia Pesticide Law (2VAC20-20) (see
24VAC30-151-760) ]. 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 set forth in the Construction and Professional
Services Manual (see 24VAC30-151-760). ] 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 that 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 Tests (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 (i) provide a letter that
commits to using the surety in place or (ii) 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 biennial fee for a districtwide permit for utilities and
logging operations is $750 per district. The biennial 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. To connect the facility to the transmission grid pipeline, 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, 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 districtwide 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 24VAC30-151-730 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;
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: Minor Arterials, Collectors, and Local Streets (24VAC30-73)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond, VA 23219
2. Access Management Regulations: Principal Arterials (24VAC30-72)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond, VA 23219
3. Change of Limited Access Control (24VAC30-401)
State Right-of-Way Director (VDOT)
1401 E. Broad St.
Richmond, VA 23219
4. Comprehensive Roadside Management Program (24VAC30-121)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond, VA 23219
5. Construction and Professional Services Manual
Department of General Services
Division of Engineering and Buildings
Bureau of Capital Outlay Management (BCOM)
1100 Bank Street, 6th Floor
Richmond, VA 23219
6. Erosion and Sediment Control Regulations (4VAC50-30)
Department of Conservation and Recreation
Division of Soil and Water Conservation
203 Governor Street, Suite 206
Richmond, VA 23219
7. General Rules and Regulations of the Commonwealth Transportation Board (24VAC30-20)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond, VA 23219
8. 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
9. 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
10. 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
11. Policy for Integrating Bicycle and Pedestrian Accommodations (effective 2004)
Transportation and Mobility Planning Division (VDOT)
1401 E. Broad St.
Richmond, VA 23219
12. 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
13. Road and Bridge Specifications 2007 (revised 2008)
Scheduling and Contract Division (VDOT)
State Contract Engineer
1401 E. Broad Street
Richmond, VA 23219
14. Road and Bridge Standards (effective 2009)
Location and Design Engineer (VDOT)
1401 E. Broad Street
Richmond, VA 23219
15. Road Design Manual (effective 2005, revised 2009)
Location and Design Engineer (VDOT)
1401 E. Broad Street
Richmond, VA 23219
16. 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
17. 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
18. Rules and Regulations Controlling Outdoor Advertising and Directional and Other Signs and Notices (24VAC30-120)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond, VA 23219
19. Rules and Regulations for the Administration of Waysides and Rest Areas (24VAC30-50)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond, VA 23219
20. Rules and Regulations for Enforcement of the Virginia Pesticide Law (2VAC20-20)
Virginia Department of Agricultural and Consumer Services
Office of Pesticide Services
102 Governor Street, 1st Floor
Richmond, VA 23219
21. 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
22. Secondary Street Acceptance Requirements (24VAC30-92)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond, VA 23219
23. Vegetation Control Regulations on State Rights-of-Way (24VAC30-200)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond, VA 23219
24. VDOT Tree and Brush Trimming Policy (effective 2004)
Maintenance Division Administrator (VDOT)
1401 E. Broad St.
Richmond, VA 23219
25. 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
203 Governor Street, Suite 206
Richmond, VA 23219
26. 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
203 Governor Street, Suite 206
Richmond, VA 23219
27. Virginia Stormwater Management Program (VSMP) Permit Regulations (4VAC50-60)
Department of Conservation and Recreation
Division of Soil and Water Conservation
203 Governor Street, Suite 206
Richmond, VA 23219
28. 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-A
(rev. 3/10) ].
[ LUP-SP - Land Use Permit, ] Special
Provisions [ , ( ] Notice of Permittee Liability
[ ) (1/05), LUP-SP (rev. 3/10) ].
[ LUP-HM - Land Use Permit, ] House
Movement Application [ (1/05), LUP-HM (rev. 3/10) ].
[ LUP-CSB - Land Use Permit, ] Corporate
Surety Bond [ (1/05), LUP-CSB (rev. 3/10) ].
[ LUP-LC - Land Use Permit, ] Irrevocable
Letter of Credit Bank Agreement [ (1/05), LUP-LC
(rev. 3/10) ].
[ LUP-SB - Land Use Permit, ] Surety
Bond [ (1/05), LUP-SB (rev. 3/10) ].
[ LUP-OC - Special Provisions for Open Cuts (1/05). ]
[ LUP-IPP - Land Use Permit, ] In-Place
Permit for Subdivision Street Utility [ (1/05),
LUP-IPP (rev. 1/10) ].
[ Land Use Permit, Prior-Rights Permit Application, LUP-PRP (rev. 9/09).
Land Use Permit, Special Provision, VDOT Erosion & Sediment Control Contractor Certification, LUP-ESCC (rev. 3/10).
Land Use Permit, Special Provision, VDOT Work Zone Traffic Control Certification Verification, LUP-WZTCV (rev. 3/10). ]