24VAC30-21-20. General provisions concerning permits.
A. No work of any nature shall be performed on any real property under the ownership, control, or jurisdiction of the board or VDOT including, but not limited to, the right of way of any highway in the system of state highways until written permission is first obtained from VDOT. Written permission under this section is granted by way of permit. In addition, the letting of a contract by and between VDOT and any other party grants to that party automatically such permission for the area under contract, unless otherwise stated in the contract. VDOT is authorized to establish specific requirements for such permits including, but not limited to, permit authority, application procedure, and conditions under which a permit may be denied or revoked.
B. No land use permit shall be issued until the applicant has complied with the conditions set forth in and pursuant to applicable VDOT regulations filed as part of the Virginia Administrative Code.
C. Applicants to whom permits are issued shall at all times indemnify and save harmless the board, members of the board, the Commonwealth, and all Commonwealth employees, agents, and officers from responsibility, damage, or liability arising from the exercise of the privileges granted by these permits.
D. Any structure placed upon or within the right of way pursuant to a permit issued by VDOT shall be relocated or removed whenever ordered by VDOT. Such relocation or removal shall be accomplished at no expense to the Commonwealth unless VDOT agrees or has agreed otherwise.
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 27, Issue 10, eff. March 3, 2011.