Virginia Law

A. TODS assemblies may only be installed within public right- of-way maintained by VDOT and will be excluded from any cities and towns of 5,000 or more population and Arlington County and Henrico County. VDOT will not acquire rights-of-way or easements, or otherwise enter into agreements for the purposes of installing TODS assemblies.

B. A facility will be eligible to participate as a TODS—Category I if it is open to the general public; a substantial portion of its products or services are of significant interest to tourists; it derives its major portion of income or visitors during the normal business season from road users not residing in the area of the facility, defined as within 15 miles; the facility falls within one of the acceptable TODS sites; and it meets the following criteria:

1. Is located within 15 miles of the intersection of a nonlimited access state primary system highway where the initial TODS panel is to be located at the nearest primary intersection along the selected route;

2. Has the name of the facility prominently displayed on the premises in such a manner that it is readily visible to motorists from the public highway on which the business is located;

3. Is open a minimum of six hours per day, five days per week during at least a 12-consecutive-week period each year, except this requirement shall not apply to certain facilities such as arenas, auditoriums, civic centers, farmer's markets, farm markets, wineries and flea markets;

4. Is in continuous operation at least six hours per day, five days per week during its normal season or the normal operating season for the type of business;

5. Is licensed and approved by the appropriate state or local agencies, or both, regulating the particular type of business or activity;

6. For camping businesses, meets Specific Travel Services (Logo) Signing Program criteria to be eligible for participation;

7. Complies with all applicable laws concerning the provision of public accommodations without regard to age, race, religion, color, sex, national origin, or accessibility by the physically handicapped;

8. Agrees to abide by all rules, regulations, policies, procedures and criteria associated with the program; and

9. Agrees that in any cases of dispute or other disagreement with the rules, regulations, policies, procedures and criteria or applications of the program, the decision of the State Traffic Engineer shall be final and binding.

C. In addition to the facilities listed as acceptable TODS sites, gas, food and lodging establishments may participate in the TODS Program as a TODS—Category II site provided they meet all of the TODS—Category I criteria with the exception that the following criteria apply:

1. Is located within three miles of the intersection of a nonlimited access state primary or secondary system highway where the initial TODS panel is to be located; and

2. Meets the Specific Travel Services (Logo) Signing Program—Category II criteria for its respective type of facility and agrees to be bumped in accordance with the bumping policy for a Category II facility.

D. The following table lists acceptable sites for TODS:

E. The following sites are excluded from participation in the TODS Program. The exclusion relates only to qualification under these categories. These facilities may participate if qualifying under another acceptable category.