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Administrative Code

Virginia Administrative Code
11/30/2025

Part V. Occupancy of Right-of-Way

24VAC30-151-220. (Repealed.)

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 November 23, 2011; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-230. (Repealed.)

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 November 23, 2011; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-240. Dams.

A. VDOT may permit dams for farm ponds within the right-of-way. 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 accommodate a farm pond dam if:

1. Any part of the fill for the roadway and the fill for the dam overlap;

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. 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. All other roadway occupation of dams shall be in accordance with the Secondary Street Acceptance Requirements (24VAC30-92).

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 42, Issue 5, eff. November 19, 2025.

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 district administrator's designee.

Statutory Authority

§ 33.2-210 of the Code of Virginia.

Historical Notes

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

24VAC30-151-260. Railroad crossing permit requests from railroad companies.

A. VDOT may permit railway crossings.

B. In the event of future widening of the highway, the permittee shall lengthen the crossing surface, relocate signs and signals, and make other adjustments as may be necessary, at no expense to the Commonwealth.

C. Suitable surety shall be required when the construction work is to be performed by a contractor for the railroad.

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 42, Issue 5, eff. November 19, 2025.

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 § 33.2-252 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. In the event of future widening of the highway, the permittee shall lengthen the crossing surface, relocate signs and signals, and make other adjustments as may be necessary, at no expense to the Commonwealth.

2. The permittee shall furnish a suitable surety of such amounts as VDOT deems necessary and agree to continue the same in force so long as the crossing is in place.

3. 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.

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 42, Issue 5, eff. November 19, 2025.

24VAC30-151-280. (Repealed.)

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; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

24VAC30-151-290. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010; repealed, Virginia Register Volume 42, Issue 5, eff. November 19, 2025.

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