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Administrative Code

Virginia Administrative Code
12/2/2024

Part IX. Fees and Surety

24VAC30-151-700. General provisions for fees, surety, and other compensation.

Except as otherwise provided in this part, the 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 Commissioner of Highways may waive all or a portion of any of the fees or surety.

Statutory Authority

§ 33.2-210 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011.

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 in this subsection:

1. The application fee for a single permit is $100.

2. Additive costs shall be applied as indicated in this subdivision. The 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 § 33.2-1221 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

Span Guy

$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

Two Month Commuter Lot Mobile Food Vending (available in Planning District 8 only) (weekdays and weekends)

$150

Single Weekend Commuter Lot Mobile Food Vending (available in Planning District 8 only) (per weekend)

$10

3. Time extensions for active permits shall incur a monetary charge equal to one-half the application fee charged to the initial permit. Expired permits may be reinstated; however, fees for reinstatement of expired permits shall equal the application fee. Notwithstanding 24VAC30-151-80, commuter lot mobile food vending permits may not be extended or reinstated.

4. If a permit is cancelled prior to the beginning of the permitted activity, the application fee and one-half of the additive fee will be retained as compensation for costs incurred by VDOT during plan review.

5. The 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 district administrator's designee shall waive the additive fees in subdivision 2 of this subsection.

B. Districtwide permits. Districtwide permits, as defined in 24VAC30-151-30, are valid for a period of two years. 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 § 56-617 of the Code of Virginia.

D. No-fee permits. The following permits shall be issued at no cost to the applicant:

1. In-place permits as defined in 24VAC30-151-30 and 24VAC30-151-390.

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.

Statutory Authority

§ 33.2-210 of the Code of Virginia

Historical Notes

Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 31, Issue 7, eff. December 31, 2014; Volume 34, Issue 25, eff. September 5, 2018; Volume 38, Issue 12, eff. March 4, 2022.

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 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. A private or commercial entrance does not require a continuous surety. 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.

Statutory Authority

§ 33.2-210 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-730. Accommodation fees.

The Commissioner of Highways 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. Wireless Communication Facility Sites (limited and nonlimited access):

a. $24,000 annual use payment for a wireless support structure permitted prior to July 1, 2018, until the permit expires or is terminated;

b. $14,000 annual use payment for non-small-cell colocation on a wireless support structure. This payment does not include equipment mounted to an existing wooden utility pole; and

c. A wireless support structure installed under a land use permit issued on or after July 1, 2018, shall have an annual use payment based upon the following, which shall be adjusted every five years in accordance with § 56-484.32 of the Code of Virginia:

(1) $1,000 for any wireless support structure at or below 50 feet in height;

(2) $3,000 for any wireless support structure above 50 feet and at or below 120 feet in height;

(3) $5,000 for any wireless support structure above 120 feet in height; and

(4) $1.00 per square foot for any other equipment, shelter, or associated facilities constructed on the ground.

Statutory Authority

§ 33.2-210 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; Volume 35, Issue 4, eff. November 14, 2018.

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 §§ 15.2-2108.1:1 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.

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:

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 mutually agreeable exchange are equal to the monetary compensation amount established for the use and occupancy of the right-of-way.

Statutory Authority

§ 33.2-210 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

24VAC30-151-750. Reserved.

Historical Notes

Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.

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