Administrative Code

Virginia Administrative Code
9/16/2021

Part III. Reference Section

24VAC30-91-150. Subdivision street development, plan review, and acceptance.

A. The county-state partnership governing VDOT acceptance of new streets for maintenance. Section 33.2-705 of the Code of Virginia (a Byrd Act provision) creates the authority under which local governments establish new roads as part of the secondary system of state highways. Sections 15.2-2240 and 15.2-2241 of the Code of Virginia establish the authority of local subdivision ordinances and the authority of counties to set the standards for new streets within their territories.

VDOT's participation in the development and acceptance of subdivision streets for maintenance is a cooperative commitment of the Commonwealth Transportation Board.

VDOT's concurrence with or approval of a construction plan represents VDOT's commitment to accept the streets shown on the plan when satisfactorily constructed and all other requirements governing the department's acceptance of streets are satisfied, including the governing body's request for the acceptance of or transfer of the maintenance and operational jurisdiction over the street, as outlined in these requirements.

Pursuant to these principles:

1. Local government controls land development activity and establishes new streets, the relocation of existing streets, and the criteria governing the development of such streets.

2. VDOT establishes the minimum standards that must be satisfied for new subdivision streets to be considered for maintenance by the department as part of the secondary system of state highways under its jurisdiction.

Within each locality, VDOT is represented by a resident engineer or comparable designee.

B. Street development and acceptance of maintenance process.

1. Concept and construction plan approval phase. The proposed construction plan shall be considered incomplete in the absence of a preliminary pavement design based on the Pavement Design Guide (24VAC30-91-160) and the presumed values therein.

2. Construction phase. Upon approval of the construction plan and prior to construction, the resident engineer should advise the developer regarding inspection of the construction phases and the scheduling of those inspections. VDOT approval of each of the following phases of construction is recommended.

a. Installation of any enclosed drainage system before it is covered.

b. Installation of any enclosed utility placements within the right-of-way before being covered.

c. Construction of the cuts and fills, including field density tests, before placement of roadbed base materials.

d. A final pavement design, based on actual soil characteristics and certified tests, shall be completed and approved before the pavement structure is placed.

e. Placement of base materials, including stone depths, consistent with the approved pavement design, prior to placement of the paving course or courses, followed by field density and moisture tests and the placement of a paving course as soon as possible.

f. Construction of pavement, including depth and density, upon completion as part of the final inspection.

3. Street acceptance process. In the absence of any other formal acceptance, the governing body's resolution requesting the department to accept a street for maintenance as part of the secondary system of state highways completes the dedication and is deemed to constitute the governing body's acceptance of the street.

4. Post acceptance phase.

Statutory Authority

§§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005; amended, Virginia Register Volume 31, Issue 7, eff. December 31, 2014.

24VAC30-91-160. Listing of documents (publications) incorporated by reference.

Information pertaining to the availability and cost of any of these publications should be directed to the address indicated below the specific document. Requests for documents available from the department may be submitted to VDOT; however, department documents may be available over the Internet at www.Virginiadot.org.

1. Drainage Manual, effective April 2002.

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

2. Land Use Permit Regulations, 24VAC30-151, effective March 17, 2010.

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

3. Pavement Design Guide for Subdivision and Secondary Roads in Virginia, effective August 1, 2000.

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

4. Road and Bridge Specifications, effective 2002.

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

5. Road Design Manual, effective January 1, 2005.

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

6. Subdivision Street Design Guide (Appendix B: Road Design Manual, effective January 1, 2005)

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

7. Road and Bridge Standards, effective February 1, 2001.

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

8. Standard Specifications for Highway Bridges, effective 1996.

American Association of State Highway and Transportation Officials

North Capital Street, Suite 225

Washington, DC 20001

VDOT Modifications to document above

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

9. Virginia Erosion and Sediment Control Handbook, effective 1992.

Division of Soil and Water Conservation with The Virginia Erosion and Sediment Control Law and Regulations

Division of Soil and Water Conservation

Governor Street, Suite 206

Richmond, Virginia 23219

10. Highway Capacity Manual, effective 2000.

Transportation Research Board

Keck Center of the National Academies

Transportation Research Board

500 Fifth Street, NW

Washington, DC 20001

Attn: TRB Publications Sales & Affiliate Services

11. VDOT Erosion and Sediment Control and Stormwater Management Program Specifications Manual (effective March 1, 2004).

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

12. Policy for Integrating Bicycle and Pedestrian Accommodations—Commonwealth Transportation Board (effective March 18, 2004.) Note: This policy reference is included in the regulation only for informational purposes and is not considered a regulatory provision. Applicable elements of this policy are stated in the regulation itself.

Statutory Authority

§§ 33.2-210, 33.2-241, 33.2-326, and 33.2-705 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 6, eff. January 1, 2005; amended, Virginia Register Volume 27, Issue 16, eff. May 11, 2011.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.