Virginia Law

A. No work, occupancy, or nontransportation uses of any nature may be allowed or performed on the system of state highways or any real property under the ownership, control, or jurisdiction of the board or VDOT, including the right-of-way of any highway in the system of state highways, until written permission is first obtained from VDOT. Written permission is granted by way of permit pursuant to 24VAC30-151 or by the letting of a contract by and between VDOT or the board and any other party, which automatically grants to that party such permission for the area under contract, unless otherwise stated in the contract. VDOT is authorized to establish specific requirements for such permits, including permit authority, application procedure, and conditions under which a permit may be denied or revoked.

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

C. The following restrictions apply to activities occurring on bridges forming a part of the system of state highways:

1. No person may fish or seine from any bridge except when facilities are provided for such purposes as set out in § 33.2-278 of the Code of Virginia.

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

3. No master or owner of a vessel may make it fast to or lay it alongside such bridge.

4. Provisions of this subsection shall not apply to highway maintenance vehicles or vessels or fire and law-enforcement vehicles or vessels.

D. No person may, without the consent of VDOT, remove, injure, destroy, break, deface, or in any way tamper with property, real or personal, that is growing or has been placed on the right-of-way by or with the consent of VDOT.

E. No person may cause water to flow from any source upon the right-of-way, cause an increase of the water at present lawfully on the right-of-way, or concentrate the flow of water upon the right-of-way without the written consent of VDOT.

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