Part VII. Miscellaneous Provisions
24VAC30-151-440. Miscellaneous permits.
In accordance with the General Rules and Regulations of the Commonwealth Transportation Board (see 24VAC30-151-760), no use of any real property under the ownership, control or jurisdiction of VDOT shall be allowed until written permission is first obtained from VDOT. A permit, which shall constitute such permission, is required for the uses of right-of-way described in this part.
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-151-450. Banners and decorations.
A county, town, or religious or civic organization shall obtain a single use permit to hang banners or erect holiday decorations (such as lights) across state highways. Banners and decorations shall not remain in place more than 30 calendar days and shall be a minimum of 21 feet above the center of the road. They shall not detract from, interfere with, or conflict with any existing highway signs or signals.
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-151-460. Building movements.
A single use permit shall be obtained for all building movements over 16 feet wide. All requests for building movements require the approval of the district administrator's designee after the mover provides the required investigative report and route certification documents. All building movements shall be covered by a performance bond that is commensurate with the type of move requested. Application for a building movement shall be made through the district administrator's designee in the district where the move initiates.
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-151-470. Bicycle and road races, parades, and marches.
A single use permit shall be obtained for bicycle and road races, parades, and marches. Approval of such permit may be granted only under conditions that assure reasonable safety for all participants, spectators and other highway users, and will prevent unreasonable interference with traffic flow.
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-151-480. Chutes, tipples, and other similar structures.
A single use permit shall be obtained for chutes, tipples or other structures to transport coal, gravel, or other material across the right-of-way. The permit surety shall be sufficient to restore the appearance of the right-of-way and to remove the structure should it become dangerous or when it is no longer being used. Advertising signs or the names of owners shall not be placed on such structures located on the right-of-way.
The applicant shall obtain written approval from the local officials prior to permit application for such structures.
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-151-490. Construction or reconstruction of roads, bridges, or other drainage structures.
A permit is required for construction or reconstruction of roads, bridges or other drainage structures. Such activities may be permitted based upon evaluation, an engineering analysis provided by the applicant, and approval of the district administrator's designee. Approval by the relevant county board of supervisors may also be necessary.
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-151-500. Crest stage gauges, water level recorders.
Permits may be issued to any governmental state agency to install hydrological study equipment within highway rights-of-way. Maintenance of these facilities is the responsibility of the permittee.
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-151-510. Emergency vehicle access.
A single use permit shall be obtained for the installation of signals along and over streets or highways at a fire station to facilitate the safe and expeditious entry of emergency vehicles. These signals include warning beacons, traffic signals to allow direct access to a roadway and modifications to existing signals. Maintenance of these facilities is the responsibility of the permittee.
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-151-520. Filming for movies.
A single use permit shall be obtained for movie filming within the highway rights-of-way and shall be coordinated through the Film Office of the Virginia Tourism Corporation.
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-151-530. School signs.
A single use permit shall be obtained for the installation and maintenance of time actuated flashing school speed limit signs within highway rights-of-way, subject to approval of 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.
24VAC30-151-540. Grading on right-of-way.
Grading that does not adversely affect the maintenance, safety, and operations of vehicles on nonlimited access rights-of-way may be permitted. Permits shall not be granted for grading slopes and banks or otherwise changing their appearance within limited access rights-of-way, except in unusual circumstances where such work would improve the safety or operation of the highways.
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-151-550. Roadside memorials.
A. Section 33.2-216 of the Code of Virginia directs the Commonwealth Transportation Board to establish regulations regarding the authorized location and removal of roadside memorials. Roadside memorials shall not be placed on state right-of-way without first obtaining a permit. At the site of fatal crashes or other fatal incidents, grieving families or friends often wish for a roadside memorial to be placed within the highway right-of-way. The following rules shall be followed in processing applications to place roadside memorials within the highway right-of-way:
1. Applications for a memorial shall be submitted to the district administrator's designee. The district administrator's designee will review, and if necessary, amend or reject any application.
2. If construction or major maintenance work is scheduled in the vicinity of the proposed memorial's location, the district administrator's designee may identify an acceptable location for the memorial beyond the limits of work, or the applicant may agree to postpone installation.
3. If the applicant requests an appeal to the district administrator's designee's decision regarding amendment or rejection of an application, this appeal will be forwarded to the district administrator.
4. Criteria used to review applications shall include, but not be limited to, the following factors:
a. Potential hazard of the proposed memorial to travelers, the bereaved, VDOT personnel, or others;
b. The effect on the proposed site's land use or aesthetics; installation or maintenance concerns; and
c. Circumstances surrounding the accident or incident.
5. Approval of a memorial does not give the applicant, family, or friends of the victim permission to park, stand, or loiter at the memorial site. It is illegal to park along the interstate system, and because of safety reasons and concerns for the public and friends and family of the deceased, parking, stopping, and standing of persons along any highway is not encouraged.
B. The following rules will be followed concerning roadside memorial participation:
1. Any human fatality that occurs on the state highway system is eligible for a memorial. Deaths of animals or pets are not eligible.
2. The applicant must provide a copy of the accident report or other form of information to the district administrator's designee so that the victim's name, date of fatality, and location of the accident can be verified. This information may be obtained by contacting the local or state police. The district administrator's designee may also require that the applicant supply a copy of the death certificate.
3. Only family members of the victim may apply for a memorial.
4. The applicant will confirm on the application that approval has been obtained from the immediate family of the victim and the adjacent property owner or owners to locate the memorial in the designated location. If any member of the immediate family objects in writing to the memorial, the application will be denied or the memorial will be removed if it has already been installed.
5. If the adjacent property owner objects in writing, the memorial will be relocated and the applicant will be notified.
6. Memorials will remain in place for two years from the date of installation, at which time the permit shall expire. The Commissioner of Highways may, upon receipt of a written request, grant an extension of the permit. An extension may be granted for a period of one year, and requests for further extensions must be submitted for each subsequent year. The applicant or the family of the victim may request that the memorial be removed less than two years after installation.
7. The applicant shall be responsible for the fabrication of the memorial. VDOT will install, maintain, and remove the memorial, but the cost of these activities shall be paid by the applicant to VDOT.
C. Roadside memorial physical requirements.
1. The memorial shall be designed in accordance with Chapter 12 (§ 33.2-1200 et seq.) of Title 33.2 and § 46.2-831 of the Code of Virginia and the Rules and Regulations Controlling Outdoor Advertising and Directional and Other Signs and Notices and Vegetation Control Regulations on State Rights-Of-Way (see 24VAC30-151-760). The use of symbols, photographs, drawings, logos, advertising, or similar forms of medium is prohibited on or near the memorial.
2. Only one memorial per fatality shall be allowed.
3. VDOT reserves the right to install a group memorial in lieu of individual memorials to commemorate a major incident where multiple deaths have occurred.
4. The memorial shall be located as close as possible to the crash site, but location of the memorial may vary depending on the site and safety conditions.
a. Memorials shall be installed outside of the mowing limits and ditch line and as close to the right-of-way line as reasonably possible.
b. Memorials shall be located in such a manner as to avoid distractions to motorists or pose safety hazards to the traveling public.
c. Memorials shall not be installed in the median of any highway, on a bridge, or within 500 feet of any bridge approach.
d. Memorials shall not be permitted in a construction or maintenance work zone. VDOT reserves the right to temporarily remove or relocate a memorial at any time for highway maintenance or construction operations or activities.
e. If VDOT's right-of-way is insufficient for a memorial to be installed at the crash site, the district administrator's designee will locate a suitable location as close as possible to the incident vicinity to locate the memorial where sufficient right-of-way exists.
D. Removal. After the two-year term or any extension of the term approved in accordance with this section, the memorial shall be removed by VDOT personnel. The memorial nameplate will be returned to the applicant or the designated family member, if specified on the application. If the applicant does not wish to retain the nameplate, the nameplate will be reused, recycled, or disposed at VDOT's discretion.
Statutory Authority
§§ 33.2-210 and 33.2-216 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 31, Issue 7, eff. December 31, 2014.
24VAC30-151-560. Mailboxes and newspaper boxes.
Mailboxes and newspaper boxes may be placed within VDOT right-of-way without a permit; however, placement should not interfere with safety, maintenance and use of the roadway. Lightweight newspaper boxes may be mounted on the side of the support structure. Breakaway structures will be acceptable as a mailbox post. Breakaway structures are defined as a single four-inch by four-inch square or four-inch diameter wooden post or a standard strength, metal pipe post with no greater than a two-inch diameter.
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-151-570. Miscellaneous signs.
A. In cooperation with local, state and federal organizations, certain public service signs may be placed within the right-of-way without a permit. The district administrator's designee shall determine the appropriate location for the following signs.
1. Forestry. Authorized representatives of the National and State Forest Service may place forest fire warning signs within the right-of-way without a permit. Fire warning signs will be placed near forest reservations or wooded areas; however, only a limited number of the small cardboard or metal signs should be allowed within the right-of-way within the forest reservations. The Department of Forestry may utilize other types of signs to more forcibly impress the public with the need for protecting forest areas. Sign placement shall be accomplished under an agreement, subject to the following conditions:
a. No highway sign should carry more than one message, no other signs shall appear on posts bearing highway signs;
b. No signs shall be erected that would restrict sight distance, or are close to highway warning and directional signs;
c. Signs regarding forest fires should be placed by fire wardens; and
d. Signs shall be maintained by the Department of Forestry.
In all cases, the forest warden is to coordinate the desired location of these signs with the district administrator's designee prior to placement.
2. Garden week. These signs are erected and removed by employees of VDOT. The appropriate committee of the Garden Club of Virginia will designate the gardens and places that are to be officially opened during Garden Week and notify the district administrator's designee accordingly, who will ensure the appropriate placement of these signs.
3. Roadside acknowledgement. These signs acknowledge the name and logo of businesses, organizations, communities, or individuals participating in the landscape of a segment of the right-of-way in accordance with the Comprehensive Roadside Management Program (see 24VAC30-151-760). As the landscaping is accomplished under a land use permit, the signs are considered to be covered by that permit.
4. Rescue squad. These signs are fabricated, erected, and maintained by VDOT. The signs may be used on the approaches to the rescue squad headquarters as shown in the Virginia Supplement to the Manual on Uniform Traffic Control Devices (see 24VAC30-151-760).
5. Fire station. These signs are fabricated, erected, and maintained by VDOT. The signs may be used on the approaches to fire station headquarters as shown in the Virginia Supplement to the Manual on Uniform Traffic Control Devices (see 24VAC30-151-760).
6. Bird sanctuary. Upon receipt of a request from a town or city, VDOT will fabricate and erect these signs, at the expense of the municipality, at the corporate limits of the town or city under the municipality name sign as shown in the Virginia Supplement to the Manual on Uniform Traffic Control Devices (see 24VAC30-151-760). In order for a municipality to be designated as a bird sanctuary, the municipality must pass a resolution to that effect. The municipality shall be responsible for maintenance of bird sanctuary signs.
7. Historical highway markers. Information regarding the historical highway marker program may be obtained from the Virginia Department of Historic Resources. Applications for historical highway markers shall be obtained from and submitted to the Virginia Department of Historic Resources.
B. The district administrator's designee may authorize the placement of the following miscellaneous signs within right-of-way under the auspices of a single use permit:
1. Locality identification or "welcome to" signs. Requests for locality identification or "welcome to" signs to be located within nonlimited access right-of-way. These signs shall not be placed on limited access right-of-way. Locality identification or "welcome to" signs that interfere with roadway safety, traffic capacity, or maintenance shall not be permitted. A permit application requesting placement of a locality identification or "welcome to" sign within the right-of-way must be accompanied by a formal resolution from the local governing body or a letter from the chief executive officer of the local government. Such signs shall meet all VDOT breakaway requirements (see Road Design Manual, 24VAC30-151-760) or be erected outside of the clear zone. No advertising shall be placed on these signs. The local governing body shall be responsible for maintenance of the locality's identification or "welcome to" signs in perpetuity.
2. VDOT may authorize any individual, group, local government, and other entities to place storm drain pollution prevention markers or stenciling on VDOT storm drain inlet structures accessible by pedestrian facilities. A local government, through coordination with the district administrator's designee, may apply for a countywide permit to enable this type of activity of behalf of clubs, citizens groups, and other entities. The permit application must include, at a minimum, a graphic sample or samples of the proposed markers, structure locations and a comprehensive list of streets, if a wide distribution of marker placement is anticipated. Stencil measurements shall not exceed 15" L x 20" W.
3. VDOT may authorize a local government to install "no loitering" signs within the right-of-way. The district administrator's designee shall determine the appropriate location for these signs.
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-151-580. Ornamental posts, walls, residential and commercial development identification signs, or other nontransportation-related elements.
Ornamental posts, walls, residential and commercial development identification signs, or other nontransportation elements such as pedestrian oriented trash cans, or any combination of these, that do not interfere with roadway safety, traffic capacity or maintenance may be authorized under the auspices of a single use permit. These nontransportation related elements shall not be placed on limited access rights-of-way. Requests for the placement of ornamental posts, walls, residential and commercial development identification signs, or other nontransportation related elements, or any combination of these, may be permitted as authorized by the district administrator's designee. Permit applications requesting placement of ornamental posts, walls, residential and commercial development identification signs, other nontransportation related elements, or any combination of these, within the right-of-way must be accompanied by documentation indicating the issuance of all required approvals and permissions from the local jurisdictional authority. Such ornamental posts, walls, residential and commercial development identification signs, and other nontransportation related elements shall meet all VDOT breakaway requirements (see Road Design Manual, 24VAC30-151-760) or be erected outside of the clear zone. No advertising shall be placed on these nontransportation related elements permitted within the right-of-way. The permittee shall be responsible for maintenance of these nontransportation related elements in perpetuity.
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-151-590. Outdoor advertising adjacent to the right-of-way.
Permits for outdoor advertising located off the right-of-way are obtained through the roadside management section at any VDOT district office or the Maintenance Division in accordance with Chapter 12 (§ 33.2-1200 et seq.) of Title 33.2 of the Code of Virginia. Selective pruning permits for outdoor advertising shall be issued in accordance with § 33.2-1221 of the Code of Virginia.
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.
24VAC30-151-600. Pedestrian and bicycle facilities.
The installation of sidewalks, steps, curb ramps, shared use paths, pedestrian underpasses and overpasses within right-of-way may be authorized under the auspices of a single use permit. VDOT shall maintain those facilities that meet the requirements of the Commonwealth Transportation Board's Policy for Integrating Bicycle and Pedestrian Accommodations (see 24VAC30-151-760). The maintenance of sidewalks, steps, curb ramps, shared use paths, pedestrian underpasses and overpasses not meeting these requirements shall be subject to permit requirements, and the permittee shall be responsible for maintenance of these facilities.
The installation of pedestrian or bicycle facilities within limited access right-of-way shall be considered a change in limited access control and requires approval of the Commonwealth Transportation Board prior to permit issuance (see Change of Limited Access Control, 24VAC30-151-760). The installation of pedestrian or bicycle facilities parallel to and within the right-of-way of nonlimited access highways crossing limited access highways by way of an existing bridge or underpass shall not be considered a change in limited access but shall require the approval of the Commissioner of Highways prior to issuance of a permit for such activity.
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.
24VAC30-151-610. Permits for certain overdimensional haulers and loaders.
Permits for unladen, oversize and overweight, rubber-tired self-propelled haulers and loaders shall be issued in accordance with § 46.2-1149 of the Code of Virginia and shall be obtained from 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.
24VAC30-151-620. Roadside management, landscaping.
Placement and maintenance of plant materials by individuals or organizations may be allowed under permit in strict accordance with VDOT Road and Bridge Specifications (see 24VAC30-151-760), VDOT Road and Bridge Standards (see 24VAC30-151-760), § 33.2-265 of the Code of Virginia, and the Comprehensive Roadside Management Program (see 24VAC30-151-760). The applicant shall maintain any altered roadside area in perpetuity. All related permit applications shall be accompanied by a corresponding maintenance agreement. If permit conditions, including the maintenance agreement, are violated at any time, VDOT reserves the right to reclaim and restore such permitted area to its original condition or otherwise establish turf in accordance with VDOT Road and Bridge Specifications (see 24VAC30-151-760). The costs of reclamation and restoration activities shall be paid by the permittee. Tree pruning or removal may be allowed on right-of way for maintenance purposes for utility facilities or as part of a roadside beautification project sponsored by the local government or to daylight an outdoor advertising structure in accordance with Vegetation Control Regulations on State Rights-of-Way (see 24VAC30-151-760). See VDOT's Tree and Brush Trimming Policy (see 24VAC30-151-760) for further information.
All pesticide applicators shall meet the applicable requirements established by the Department of Agricultural and Consumer Services in Rules and Regulations for Enforcement of the Virginia Pesticide Law (2VAC5-670) (see 24VAC30-151-760). Pesticide activities shall comply with all applicable federal and state regulations.
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.
24VAC30-151-630. Transit and school bus shelters.
School bus shelters, public transit shelters or share ride stations may be authorized under the auspices of a single use permit. Approval of such structures must be obtained in accordance with Virginia Department of General Services requirements set forth in the Construction and Professional Services Manual (see 24VAC30-151-760). Shelters shall be located in accordance with all clear zone requirements described in Appendix A-2 of VDOT's Road Design Manual (see 24VAC30-151-760).
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-151-640. Trash containers and recycling sites.
The placement of trash receptacles on nonlimited access highways may be authorized under the auspices of a single use permit. Trash receptacles shall be located as close to the right-of-way line as possible. The site shall have a clearly defined entrance and exit. Appropriate screening and landscaping may be required.
The site shall be maintained in a neat condition and sprayed as needed to minimize flies, odors, etc. VDOT will remove improperly maintained receptacles from the right-of-way at the owner's expense.
The permittee shall secure written permission from the adjacent property owners prior to locating the receptacle within the state 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.
24VAC30-151-650. Test holes.
Test holes may be excavated in the roadway or right-of-way for the purpose of geological surveys or studies, monitoring wells and for locating existing utilities within the right-of-way. A single use permit shall be obtained for test holes. All test holes shall be kept to the smallest size and number possible. A surety will be required to sufficiently restore the appearance of the right-of-way or to repair the pavement of the roadway. The permittee shall demonstrate to the satisfaction of the district administrator's designee that the location of the site will not compromise the safety, use or maintenance of the roadway.
Statutory Authority
§ 33.2-210 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.
24VAC30-151-660. Special requests and other installations.
Any special requests may be permitted upon review and approval by the Commissioner of Highways.
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.
24VAC30-151-670. Prohibited use of right-of-way.
No permit shall be issued for the following uses of the right-of-way:
1. Signs. Signs not otherwise allowed in this chapter shall not be placed on the highway right-of-way or overhang the right-of-way.
2. Vendors on right-of-way. Permits will not be issued to vendors for operation of business within state rights-of-way, except:
a. As may be allowed for waysides and rest areas under the Rules and Regulations for the Administration of Waysides and Rest Areas (see 24VAC30-50-10 and 24VAC30-151-760) and the Rules and Regulations for the Administration of Parking Lots and Environs (24VAC30-100-10).
b. Vendors of newspapers and written materials enjoy constitutional protection under the First Amendment to place or operate their services within rights-of-way, provided they neither impede traffic nor impact the safety of the traveling public. Newspaper vending machine size, placement, and location shall be as directed by the district administrator's designee for that area.
c. To localities to administer mobile food vending on nonlimited access highways, where the vending operations are regulated by local ordinances, operated consistent with such ordinances, and in accordance with the Commonwealth Transportation Board's regulations and policies.
3. Dwellings. No private dwellings, garages, or similar structures shall be placed or constructed within the right-of-way, except as may be allowed under 24VAC30-151-220 and 24VAC30-151-230.
Statutory Authority
§§ 33.2-118 and 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 32, Issue 2, eff. October 21, 2015; Volume 34, Issue 25, eff. September 5, 2018.