Compliance Analysis Overview

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LAND USE PERMIT

APPENDIX 1

Frequently Asked Questions

1. Who needs a land use permit?

Anyone who plans to work or perform an activity on or crossing any right-of-way under the jurisdiction of VDOT must first obtain a land use permit. A land use permit is also required when modifications are planned for an existing entrance due to change in land use, traffic volume, or type of traffic.

2. Who can be issued a land use permit?

Land use permits can be issued to the following applicants

a. The owner of a facility within the highway right-of-way. b. The property owner for entrance permits and road frontage improvements. c. A person, organization, or government, authorized to assume the responsibility and liability for an approved activity within the highway right-of-way.

Land use permits may be issued jointly to the owner of a facility, or adjacent property owner, and his contractor as agent.

3. Why is a land use permit required?

A land use permit is a requirement of the General Rules and Regulations of the Commonwealth Transportation Board (24 VAC 30-20). It ensures that all work performed in the right-of-way of any highway in the state highway system meets VDOT standards and policies, complies with highway laws and regulations, preserves the integrity and functionality of the highway, and provides for the safety of the traveling public.

4. What happens if I do not get a land use permit?

If you do not obtain a land use permit prior to working or performing an activity in the right-of-way, an agent of VDOT will suspend work within the right-of-way, and you will be expected to take the necessary remedial measures to comply with the General Rules and Regulations of the Commonwealth Transportation Board (24 VAC 30-20). Violation of these rules and regulations is a misdemeanor, and if convicted, shall result in punishment as provided in section 33.1-19 in the Code of Virginia. Violators are also civilly liable to the Commonwealth of Virginia for expenses and damages incurred by VDOT.

5. How much does a land use permit cost?

A nonrefundable application fee is charged to offset the cost of reviewing and processing the permit application and inspecting the work. The base application fee for a single use permit is $100. Additive fees are then applied to the base application fee based on the scope of work.

The biennial fee for a district-wide permit for utilities and logging operations is $750 per district.

The biennial fee for a district-wide permit for surveying is $200 per district.

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6. Why is a surety required?

A surety is required by VDOT to guarantee the satisfactory performance of the work. The amount of the surety shall be based on the estimated cost of the work to be performed in the right-of-way or an amount sufficient to restore the right-of-way in the event the permittee fails to satisfactorily complete the work permitted. The surety will be refunded upon completion of the work and inspection by VDOT.

7. Where do you apply for a permit?

All applications for single use land use permits shall be submitted through the local VDOT district permit office responsible for the county in which the work is to be performed. All applications for district-wide land use permits shall be submitted through the central office permit manager.

Applications are available at district permit offices and on-line at: http://www.virginiadot.org/business/bu-landUsePermits.asp

8. How are permit requests within limited access right-of-way processed?

Permit requests within limited access right-of-way shall be reviewed and approved by the appropriate district staff as outlined in Appendix 2 prior to submittal to the central office permit manager. The central office permit manager will then forward the request to the Chief Engineer for approval. Permit issuance by the district administrator’s designee may only occur after the Chief Engineer’s approval of the request.

Any permit application fees and sureties received at a district office with the permit application should be returned to the applicant prior to forwarding the request to the central office permit manager. The district administrator’s designee will determine the appropriate fee and surety for permit requests within limited access right-of-way and shall accept payment just prior to permit issuance.

9. What are accommodation fees and how are they collected?

Accommodation fees are annual compensation paid by utility companies for the use of limited and non-limited access rights-of-way, with the following exceptions: a.) cable television operators subject to the Public Right-of-Way Use Fee, b.) certified providers of telecommunications service, c.) municipal or authority owned sewer and water facilities, and d.) renewable energy generation transmission facilities.

All others shall pay an annual accommodation fee of $50 per crossing of limited access right-of-way and $250 per mile for the longitudinal occupation of limited access right-of-way. All permits for the crossing and/or longitudinal occupation of limited access right-of-way by a utility are to be issued by the district administrator’s designee. The district administrator’s designee and the permit applicant shall execute the LUP-PA permit agreement for the occupation of limited access right-of-way prior to permit issuance. The initial accommodation fee shall be collected with the permit application fee and coded separately in LUPS.

The district administrator’s designee will provide the central office permit manager with the land use permit number assigned for the crossing and/or longitudinal occupation of limited access right-of-way in order to invoice the utility for the annual accommodation fee for subsequent years based on the day and month of permit issuance.

Annual accommodation fees are also to be collected in the amount of $24,000 for communication tower sites and $14,000 for co-location on existing tower sites located within limited access and non-limited access rights-of way. These fees are collected by the Right-of-Way Division Manager.

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10. Can a builder apply for 5 private driveway entrances all adjacent to each other on the same permit application? If so, would the permit fee still be $100?

Yes, if the request is from the same applicant. There is no additive permit fee for private entrances, so the total fee for a multiple private entrance permit request would be $100. 11. Do we require separate permit be issued for a utility service line that exceeds 500 feet?

Yes, a single-use permit would be required in such cases and the work would not be covered by a district-wide permit.

12. How do we know when and where a utility service line is installed under a district-wide permit?

We do not generally require district-wide permit holders to notify VDOT if the service connection can be made without stopping or impeding highway travel, or unless there is a need to implement traffic control that varies from the standard. If they are cutting the highway pavement, disturbing the shoulder or ditch line, or installing more than 500’ of line, a separate single use permit is required. If there are problems with a particular permit holder in your area, we can require that they notify either Central Office or the local office prior to beginning work per 24VAC30-151-40(S). The district administrator’s designee shall contact the central office permit manager if such notification is deemed necessary.

In addition, district-wide permits may be revoked for a minimum of 30 calendar days upon written finding that the permittee violated the terms of the permit regulations.

13. Would the contractor be required to sign the LUP-SPG, LUP-WZTCC & LUP-ESCCC forms if they are posting the performance surety?

The owner of the facility or the agent/contractor must sign the forms. In the case where the contractor is signing the LUP-A, they may only sign as a joint signatory or if acting as the owner’s agent.

The applicant must sign the LUP-SPG. An individual who has successfully completed the VDOT Erosion & Sediment Control Contractor Certification training must sign the LUP-ESCCC. The applicant or their agent must sign the LUP-WZTCC signifying that they will have at least one (1) person that is certified in Basic Work Zone Traffic Control who will be responsible for the placement, maintenance and removal of work zone traffic control devices within the project limits, and that a person certified in Intermediate Work Zone Traffic Control will be on-site to provide supervision during work zone adjustments or changes to traffic control due to field conditions. It should be noted that for special events, if local or state police are providing traffic control this meets the work zone certification requirement. 14. Do the 2010 regulations require utility lines to be placed 3’ below the lowest point of the roadway?

The 2010 regulations only provides the minimum depth requirements for utilities (which vary depending upon the facility type), not how the depth is to be measured.

15. Can an applicant for a roadside memorial pre-pay for the installation of the sign?

The applicant is responsible for the fabrication of the roadside memorial sign and all costs associated with installation and maintenance of the sign. If sign installation is accomplished in the district by a contractor that charges a fixed amount per specific sign type, that fee can be charged the permittee and an accounts receivable need not be set up. In all other cases, the actual cost must be recouped and the district must utilize the best collection method (generally an accounts receivable).

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16. If requested, would the central office allow the applicant to install a roadside memorial sign themselves once they obtain a permit?

In cases where the memorial is going to be located along a highway that is not limited access, has sufficient parking nearby, safe foot access, is located sufficiently far from the road so as to allow a safe environment, and the applicant has the appropriate capability, then central office will not object to the district allowing installation by the applicant. When making a decision with regards to this, careful consideration must be made of applicant, potential observer, and traveler safety. 17. When a permit is extended, is a revision to the permit necessary or is the extension letter sufficient?

Permit extensions are considered a revision in LUPS. The district permit office should provide an extension letter to inform the permittee that there will be no further permit extensions and that the authorized activity must be completed by the permit expiration date.

18. Is there a sample of a maintenance agreement for landscaping within limited access right-of-way?

The permittee and/or their agent shall be responsible for the perpetual maintenance of all landscaping installed within state maintained rights-of-way under the auspices of a land use permit. The LUP-LS form outlines these maintenance responsibilities and an executed copy of this document must be provided in conjunction with making application for a land use permit authorizing installation of landscaping within state maintained right-of-way. 19. Is local government approval required for permit requests for ornamental walls, posts signage, etc., or should the locality sign the permit as applicant or agent?

The local government should provide written or electronic communication documenting their concurrence with the request.

20. How can VDOT verify that the owner listed on the permit application is the owner of the property?

The 2010 regulations do not require property owner and/or utility company owner verification by VDOT; however, permit applicants for private entrances may be verified with the locality and/or at the county clerk’s office, and, utility owner verification can be obtained from the State Corporation Commission

(SCC).

21. Should the owner/applicant be required to always sign the LUP-SPG?

The owner/applicant should always provide a signed LUP-SPG when making application for a land use permit. By regulation, the applicant to whom the permit was issued is responsible for all damages caused by implementation of the activities authorized under permit and any costs in excess of those on the surety would be the responsibility of the permittee.

22. Who determines what justifications are needed for requests to open-cut pavement associated with the installation of utilities? Are standards provided in another VDOT reference manual or is a sample available?

It is the responsibility of the applicant to provide justification to VDOT for allowing the open-cut of pavement associated with the installation of utilities. The district administrator's designee determines if the justification provided is sufficient to allow the open-cut of pavement. The LUP-OC form outlines the requirements associated the restoration of pavement impacted by open cut pavement trenching operations on state maintained highways.

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23. What are the regulations regarding building moves and what is DMV’s role?

VDOT is authorized to issue permits to move buildings (and not modular homes) over 16 feet wide and “tramming permits” (oversized construction and mining equipment over a limited distance) to travel over primary and secondary highways in accordance with Section 24VAC30-151-460 & 610 of the Land Use Permit Regulations. This is in accordance with an agreement between VDOT and DMV. DMV issues permits for all other oversized loads to travel over primary and secondary highways. 24. What is the VDOT emergency operations center and how can they be contacted?

The VDOT emergency operations centers were initially located at the regional traffic operations centers and can be contacted at: 1-800-367-ROAD.

25. Is the utilization of disturbed property adjacent to VDOT right-of-way in calculating disturbance for Virginia Storm Water Management Program purposes a new requirement?

No, the disturbance requirement comes from current VDOT standards & specifications. The Responsible Land Disturber (RDL) certification requirement became State law on July 1, 2001. It applies to any land disturbing activity that would require an Erosion Control Plan. The Department will require evidence of RLD certification with any permit application that involves utility and/or commercial right of way improvement. 26. How should requests for utility placement within the median area of highways be addressed?

The District Administrator has the authority to authorize the placement of utilities within the median area of a non-limited access highway. Requests should only be considered if the applicant demonstrates that there is no other practicable alternative and that said installation will not interfere with or impair the present use or future expansion of the highway. The applicant must provide justification with regards to the practicability of installation that may include items such as conflicting utilities, extensive tree removal, or the presence of rock.

27. What is the difference between a district and a VDOT construction district?

Due to inequities found in the current district-wide permit fee structure, the term “district” is defined as no more than nine (9) contiguous counties or a single VDOT construction district.

28. How is vendor information set-up for the refund of a cash surety?

All permit applicants providing a cash surety must provide a Social Security number (SSN) or Employee Identification number (EIN) and an executed copy of the U.S. Department of Treasury, Internal Revenue Service (IRS) Form W-9. Individuals may not want to provide their SSN. VDOT staff should attempt to obtain this information at the time the cash surety is accepted.

If VDOT staff has been unable to obtain a SSN, EIN or W-9 and the vendor has been contacted to obtain this information, a note should be placed in the comments section of the maintenance form indicating that due diligence has been performed in attempting to obtain a SSN, EIN and W-9 without success.

If VDOT staff has been unable to obtain a W-9 please provide the SSN/EIN number on the maintenance form and include a note in the comments section indicating that due diligence has been performed in attempting to obtain a W-9 without success.

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VDOT staff should contact the vendor if the SSN/EIN number provided does not match IRS records. This issue may be an indication of a transposition of numbers or simple error. If this issue cannot be resolved, VDOT staff should remove the SSN/EIN number from the maintenance form and note in the comments section that due diligence has been performed in attempting to obtain a SSN, EIN and W-9 and the information provided does not match IRS records. (District Fiscal will contact you if the is a match error).

VDOT staff should not accept other numbers such as a Drivers License number as this is not a valid form of identification required to process the refund of a cash surety.

VDOT staff should utilize the process above when updating an existing vendor.

29. Can a land use permit be issued for the installation of private utilities within state maintained rights-of-way?

§ 2.2-1151.1 of the Code of Virginia addresses right-of way accommodations for certain non-public service companies and stipulates that no land use permit shall be issued by VDOT to any company other than a public service company as defined in § 56-76, a company owning or operating an interstate natural gas pipeline, or a franchised cable television systems operator owning or operating a utility line as defined in § 56-265.15, unless such entity has registered as an operator with the appropriate notification center as defined by § 56-265.15, and such entity has notified the commercial and residential developer, owner of commercial or multifamily real estate, or local government with a property interest in any parcel of land located adjacent to the property over which the land use is being requested, that application for the permit has been made. The LUP-A land use permit application includes an affidavit indicating compliance with the registration and notification requirements provided by this code subsection.

VDOT may issue land use permits to individuals providing utility service solely for their own agricultural or residential use provided the utilities are located on property owned by the individual and the utilities are marked in accordance with requirements established by VDOT. The LUP-PU document outlines the maintenance responsibilities for the installation of private utility facilities across state maintained highway right-of-way.

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LAND USE PERMIT

APPENDIX 1

Frequently Asked Questions

1. Who needs a land use permit?

Anyone planning work or activity on or crossing VDOT jurisdictional right-of-way must obtain a land use permit, including modifications to existing entrances due to land use, traffic volume, or type.

2. Who can be issued a land use permit?

Permits can be issued to specified applicants.

a. Facility owner within highway right-of-way. b. Property owner for entrance permits and frontage improvements. c. Authorized person, organization, or government responsible for approved activities.

Land use permits may be issued jointly to the facility owner, adjacent property owner, and their contractor as agent.

3. Why is a land use permit required?

A land use permit, per 24 VAC 30-20, ensures work in the right-of-way meets VDOT standards, complies with laws, preserves highway integrity, and ensures public safety.

4. What happens if I do not get a land use permit?

Failure to obtain a permit before work in the right-of-way will result in suspension by VDOT, remedial action, and possible misdemeanor charges per 24 VAC 30-20; violators are liable for damages.

5. How much does a land use permit cost?

A nonrefundable $100 base fee covers permit review, processing, and inspection; additional fees apply based on scope.

District-wide utility and logging permit fee is $750 biennially per district.

District-wide surveying permit fee is $200 biennially per district.

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6. Why is a surety required?

VDOT requires a surety based on estimated work cost or to restore the right-of-way; it is refunded after work completion and inspection.

7. Where do you apply for a permit?

Single-use permit applications go to the local district office; district-wide applications go to the central permit manager.

Applications are available at district permit offices and on-line at: http://www.virginiadot.org/business/bu-landUsePermits.asp

8. How are permit requests within limited access right-of-way processed?

Limited access right-of-way permit requests are reviewed by district staff per Appendix 2 before submission to the central permit manager, who forwards to the Chief Engineer for approval; issuance occurs after approval.

Fees and sureties at district offices should be returned before forwarding; the designee determines and accepts payment prior to issuance.

9. What are accommodation fees and how are they collected?

Utility companies pay annual accommodation fees for rights-of-way use, except: a) cable TV operators, b) certified telecom providers, c) municipal sewer/water, d) renewable energy facilities.

Other utilities pay $50 per crossing and $250 per mile for occupation; permits issued by designee, who and applicant sign LUP-PA; initial fee collected with application and coded in LUPS.

Designee provides permit number to the central office to invoice for annual fees based on issuance date.

Annual fees: $24,000 for communication towers, $14,000 for co-location; collected by Right-of-Way Division Manager.

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10. Can a builder apply for 5 adjacent private driveway entrances on one permit, and would the fee still be $100?

Yes, for same applicant; no extra fee for multiple private entrances; total remains $100. Separate permit needed for utility lines over 500 feet.

Single-use permit required; work not covered by district-wide permit.

12. How is the installation of utility service lines under a district-wide permit tracked?

District-wide permit holders need not notify VDOT unless work impedes travel, involves cutting pavement, disturbing shoulders, or exceeds 500’. For issues, notify central or local office per 24VAC30-151-40; designee contacts permit manager if needed.

District-wide permits may be revoked for at least 30 days upon written violation findings.

13. Would the contractor be required to sign the LUP-SPG, LUP-WZTCC & LUP-ESCCC forms if they are posting the performance surety?

Facility owner or agent/contractor must sign; contractors signing LUP-A may do so as joint signatory or agent.

The applicant must sign the LUP-SPG. An individual who has successfully completed the VDOT Erosion & Sediment Control Contractor Certification training must sign the LUP-ESCCC. The applicant or their agent must sign the LUP-WZTCC signifying that they will have at least one (1) person that is certified in Basic Work Zone Traffic Control who will be responsible for the placement, maintenance and removal of work zone traffic control devices within the project limits, and that a person certified in Intermediate Work Zone Traffic Control will be on-site to provide supervision during work zone adjustments or changes to traffic control due to field conditions. It should be noted that for special events, if local or state police are providing traffic control this meets the work zone certification requirement. 14. Do the 2010 regulations require utility lines to be placed 3’ below the lowest point of the roadway?

2010 regulations specify minimum utility depths (varying by facility), not measurement methods.

15. Can an applicant pre-pay for roadside memorial sign installation?

Applicant is responsible for fabrication, installation, and maintenance costs; fixed contractor fees can be charged directly; otherwise, costs are recouped via accounts receivable.

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16. If requested, can the applicant install a roadside memorial sign after obtaining a permit?

If a memorial is on a non-limited access highway with adequate parking, safe foot access, and the applicant is capable, central office won't object to district installation. Safety considerations for applicant, observer, and traveler must be evaluated. 17. When extending a permit, is a revision needed or is an extension letter enough?

Permit extensions are revisions in LUPS. The district permit office must issue an extension letter stating no further extensions and that activities must be completed by the permit expiry.

18. Is a sample maintenance agreement for landscaping in limited access right-of-way available?

Permittee or agent is responsible for perpetual landscaping maintenance within state rights-of-way. The LUP-LS form details these responsibilities, and a signed copy must accompany permit applications. 19. Is local government approval needed for permits for ornamental walls, posts, signage, etc., or should the locality sign as applicant or agent?

Local government must provide written or electronic confirmation of concurrence.

20. How does VDOT verify property ownership listed on the permit application?

2010 regulations do not require property owner or utility owner verification by VDOT; private entrance applicants may be verified locally or at the county clerk’s office, utility verification from the State Corporation Commission.

(SCC).

21. Must the owner/applicant always sign the LUP-SPG?

Owner/applicant must always submit a signed LUP-SPG with permit application. The permittee is responsible for damages caused by authorized activities and costs exceeding the surety.

22. Who determines justification requirements for open-cut pavement requests for utility installation? Are standards in a VDOT manual or is a sample available?

Applicant must justify to VDOT for pavement open-cut during utility installation. The district designee decides sufficiency. The LUP-OC form details pavement restoration requirements.

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23. What regulations govern building moves and what is DMV’s role?

VDOT is authorized to issue permits to move buildings (and not modular homes) over 16 feet wide and “tramming permits” (oversized construction and mining equipment over a limited distance) to travel over primary and secondary highways in accordance with Section 24VAC30-151-460 & 610 of the Land Use Permit Regulations. This is in accordance with an agreement between VDOT and DMV. DMV issues permits for all other oversized loads to travel over primary and secondary highways. 24. What is the VDOT emergency operations center and how can they be contacted?

VDOT emergency operations centers, initially at regional traffic centers, can be reached at 1-800-367-ROAD.

25. Is using disturbed property adjacent to VDOT right-of-way in Storm Water Management calculations a new requirement?

No, the disturbance requirement comes from current VDOT standards & specifications. The Responsible Land Disturber (RDL) certification requirement became State law on July 1, 2001. It applies to any land disturbing activity that would require an Erosion Control Plan. The Department will require evidence of RLD certification with any permit application that involves utility and/or commercial right of way improvement. 26. How should requests for utility placement within the median area of highways be addressed?

District Administrator can approve utility placement in non-limited access highway medians if no practicable alternative exists and it won't impair current or future highway use. Justification must address conflicts, tree removal, or rock.

27. What distinguishes a district from a VDOT construction district?

Because of fee structure inequities, “district” is defined as up to nine contiguous counties or one VDOT district.

28. How is vendor information set up for cash surety refunds?

Applicants providing cash surety must submit SSN or EIN and a signed IRS Form W-9. VDOT staff should obtain this info when accepting the surety.

If SSN, EIN, or W-9 cannot be obtained after vendor contact, note in maintenance form that due diligence was performed without success.

If W-9 is unavailable, provide SSN/EIN on the form and note that due diligence was performed without success.

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VDOT staff should verify SSN/EIN with IRS records; if mismatched and unresolved, remove the number and note due diligence. District Fiscal will contact for match errors.

VDOT staff must not accept driver’s license numbers; only SSN/EIN are valid for cash surety refunds.

VDOT staff should follow the above process when updating vendors.

29. Can a land use permit authorize private utilities installation within state rights-of-way?

Virginia Code § 2.2-1151.1 restricts land use permits to public service, interstate gas, or franchised cable companies unless registered with the notification center and notifying relevant landowners or developers. The LUP-A form includes an affidavit of compliance.

VDOT can issue permits to individuals for private utility use on their property, marked per VDOT standards. The LUP-PU form details maintenance responsibilities for private utilities on state highways.

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Office of Land Use

Guide to

Highway System Changes

March 2025

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March 2025

Office of Land Use

Guide to

Highway System Changes

March 2025

For further information, contact: VDOT Office of Land Use 1401 East Broad Street

Richmond, Virginia 23219 Copyright 2025, Commonwealth of Virginia

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March 2025

NOTES

Text highlighted in blue and underlined are hyperlinks that allow the reader to either move to a place in this document or link to an Internet website in which additional information on the topic can be found. When reading this document on a computer, the hyperlink can be accessed by placing the mouse pointer over the highlighted item, pressing, and holding down the “Ctrl” key, and left clicking with the mouse.

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March 2025

Table of Contents

Section Page Number

1. Purpose of the “Guide to Highway System Changes” 6

2. Definition of State Highway Systems and Road Types 7 a. Interstates and U.S. Highways 7 b. Primary 7 c. Secondary 7 d. Urban System 8 e. Frontage Roads 8 f. Counties That Maintain Roads 8 g. Towns – Under 3,500 Population That Maintain Roads 8 h. Privately Maintained Roads 9

3. Types of Highway System Changes 10 a. Additions 10 b. Abandonments 10 c. Discontinuances 12 d. Transfers 14 e. Abandonment of Previously Discontinued Roads 14

4. Interstates and U.S. Highways – Policies & Processes 15 a. AASHTO Approval Authority and Process 15 b. FHWA Approval Authority and Process 16 c. Commonwealth Transportation Board Approval 18 d. Virginia Interstates and U.S. Highways 19

5. Primary Roads – Codes, Policies & Processes 21 a. Additions 22 b. Abandonments 26 c. Discontinuances 35 d. Transfers 37 e. Institutional Roads 41 f. State Parks 43 g. Locally Administered Projects 45 h. VDOT Projects 45

6. Secondary Roads – Codes, Policies & Processes 46 a. Additions 47 b. Abandonments 48 c. VDOT Abandonment Certification Letter 56 d. Vacations 57 e. Discontinuances 58 f. Transfers 64 g. Rural Additions 68 h. Town Additions – Populations Under 3,500 78 i. Public School Access Roads 81 j. VDOT Projects 83 k. Locally Administered Projects 83 l. Recreational and Economic Access Road Projects 83

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[TABLE 4-1] | 15 FHWA Approval Authority and Process 16 | Commonwealth Transportation Board Approval 18 |

[/TABLE]

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March 2025

Section Page Number

7. Appendices 84 a. Guide to Highway System Legal Changes 85 b. History of the Secondary System of State Highways 90 c. Commonwealth Transportation Board Highway System Change Process and Approval Documents 91

d. Guidelines for Virtual Public Participation for Highway Changes 92 e. SSAR Refresher Section 94 f. R-O-W Types and Related Information 96 g. Local Street Construction Inspection Programs 97 h. Minimum Standards for Public School Roads 97 i. Special Measurements 98 j. Towns Governed by §33.2-339 and §33.2-340 for Additions 102 k. Locality Resolutions and Letter of Support 106 l. SSAR and SSR Sureties and Fees 107 m. Agreements 110 n. RIMS System and HSC Assemblies 113 o. Data Corrections 114 p. Length Corrections in RIMS 115 q. Highway System Change Sketch Standards and Examples 116 r. Submitting Highway System Change Assemblies 123

s. VDOT Abandonment & Discontinuance Confirmation Form 123 t. Appeal of Abandonments & Discontinuances After Approval 124 u. Highway Research Requests 125 v. Transfers of Roads Between the VDOT & Urban Systems 126 w. Glossary 128

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March 2025

1. Purpose of the “Guide to Highway System Changes”

All adjustments to Virginia’s highway systems that alter centerline miles require a Highway System Change (HSC) assembly. These changes are most commonly additions, abandonments, discontinuances, and transfers.

These changes are legally required because

• It is the law – VDOT must add and remove segments of roadway in accordance with the requirements of the Code of Virginia
• It is illegal in the majority of cases for VDOT to spend money on non-VDOT facilities
• VDOT should not maintain roads which are legally not within the VDOT maintenance system

• Federal government will not reimburse the state for roads not legally accepted into our systems damaged by natural disasters

• Highway system databases are used for customer service, budgeting, pavement contracts, mapping, traffic and crash data – if roads are not legally in the highway system, these systems are compromised (i.e. awarding of paving contracts)

• Annual reporting of changes to FHWA needs to be accurate and must correctly reflect the state’s mileage which increases VDOT maintenance funding
• These systems rely on the VDOT Linear Referencing System (LRS) for Federal reporting, budgeting, paving, snow removal, planning, legal issues, and data collection
• VDOT needs to be able to accurately reflect the roads that are in the highway systems

The purpose of the “Guide to Highway System Changes” is to provide guidance to VDOT staff statewide about how to complete legal highway system changes. While this guidance document cannot cover all possible varieties of highway changes, its goal is to address the vast majority of potential changes. This Guide replaces the previous “Guide to Additions, Abandonments and Discontinuances.”

The Guide is organized in the following manner

• Definition of state highway systems and road types
• Types of Highway System Changes
• Interstates and U.S. Highways
• Primary Roads

• Secondary Roads

• Appendices with additional information and examples If you have any questions about this Guide or highway system changes, do not hesitate to contact the Office of Land Use. Our goal is to complete all highway system changes in the correct legal manner and as efficiently as possible.

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[TABLE 6-1]

• It is the law – VDOT must add and remove segments of roadway in accordance with the requirements of the Code of Virginia
• It is illegal in the majority of cases for VDOT to spend money on non-VDOT facilities

[/TABLE]

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March 2025

2. Definition of State Highway Systems and Road Types

In order to accurately understand highway system changes, it is important to have a

working knowledge of the different types of roads that compose these systems. VDOT Highway Systems include roads which have been legally accepted into the state’s systems of highways and which are maintained by VDOT.

The following is a list and description of the main types of roads in the Virginia highway systems:

a. Interstates and U.S. Highways

• Roads classified by the federal government as Interstates and U.S.

Highways

• Centerline changes to Interstates and U.S. Highways are required to complete an additional level of approval with the American Association of State Highway and Transportation Officials (AASHTO) and/or the Federal Highway Administration (FHWA) for highway system changes

that are not required for State Highways

b. Primary

• Primary system roads are under the jurisdiction of and control of the Commonwealth Transportation Board (CTB) and the Commissioner of Highways
• Roads within the state’s highway system that generally have route numbers under 600, including Frontage roads
• These roads are not part of the state’s Secondary highway system
• Limited Access Highways are usually Primary roads with adjoining properties having no easement or right of light, air, or access to the limited access highway

c. Secondary

• Virginia’s Secondary system of highways was created in 1932 with the General Assembly’s “Byrd Act”
• This Act transferred roads previously controlled and maintained by localities to Virginia authority with local consent
• The Byrd Act placed designated roads under the jurisdiction of VDOT
• Roads within the Secondary system have route numbers 600 and above

7

[TABLE 7-1]

• Roads classified by the federal government as Interstates and U.S.

Highways

• Centerline changes to Interstates and U.S. Highways are required to complete an additional level of approval with the American Association of State Highway and Transportation Officials (AASHTO) and/or the Federal Highway Administration (FHWA) for highway system changes that are not required for State Highways

[/TABLE]

[TABLE 7-2] | with adjoining properties having no easement or right of light, air, or access to the | limited access highway |

[/TABLE]

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March 2025

Definition of State Highway Systems and Road Types (continued)

d. Urban System – Roads maintained by cities and towns for which the localities receive VDOT maintenance funding

• Independent cities located in the state
• All incorporated towns that have a population of more than 3,500 according to the last United States census
• Specific Virginia towns with populations below 3,500 which have elected to maintain the towns’ roads (see item “g” below)
• Changes to the Urban System are completed through the Local Assistance Division’s Urban Policy

e. Frontage Roads

• Roads initially constructed adjacent to limited access roads, including Interstates, to provide access to adjoining properties

• Frontage roads are part of the state’s Primary system

• When highway changes are made to Frontage roads, Primary system processes and state Code sections must be used

f. Counties that Maintain Roads – Arlington, Henrico and Certain Buchanan County Roads

• In 1932, the state’s Byrd Road Act offered counties the ability to join the newly created Secondary system of state highways
• During this time, some counties elected to continue local authority over these roads

• The two Virginia counties which currently control non-Primary system roads are Arlington and Henrico

• Buchanan County maintains certain designated Secondary roads

• VDOT maintains most Primary roads within these two counties

g. Towns Under 3,500 Population that Maintain Roads – Ten towns with populations under 3,500 have elected to maintain local roads. Streets in these towns are considered a part of the Urban System. System changes in these towns are accomplished via the Local Assistance Division’s Urban Policy.

These towns include

• Altavista – Campbell County, Lynchburg District
• Chase City – Mecklenburg County, Richmond District

• Dublin – Pulaski County, Salem District

• Elkton – Rockingham County, Staunton District

• Grottoes – Augusta and Rockingham Counties, Staunton District
• Lebanon – Russell County, Bristol District
• Narrows – Giles County, Salem District
• Pearisburg – Giles County, Salem District
• Saltville – Smyth and Washington Counties, Bristol District
• Wise – Wise County, Bristol District

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March 2025

Definition of State Highway Systems and Road Types (continued)

h. Privately Maintained Roads

• Roads that either have restricted access to the general public, regulated by hours of use, or otherwise are limited, or are local public roads that are under county control and are not part of the secondary highway system
• For private roads, access is commonly restricted by property ownership or membership
• These roads are not maintained by VDOT and are not in the state’s highway system

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March 2025

3. Types of Highway System Changes

There are four main categories of highway system changes. These changes include:

• Additions
• Abandonments
• Discontinuances
• Transfers (from one state system to another or to local control)

a. Additions

Developments and projects which add centerline mileage to VDOT’s highway systems are considered “additions.” In most instances, a locality’s Board of Supervisors approves a resolution asking VDOT to accept the roads into the state system for maintenance.

The majority of new streets accepted by VDOT are a result of the subdivision of land, either residential, commercial, industrial, or mixed use developments. Locally administered projects and VDOT Projects are also sources of street additions.

The following are the bodies or individuals that approve general additions

• Primary additions involving relocations and VDOT Projects (§33.2-310) – Office of Land Use

• Primary additions involving New Primary roads and Bypasses (§33.2-314.A) – Commonwealth Transportation Board (CTB)

• Secondary additions including “No Cost Rural Additions” (§33.2-705) – Office of Land Use

• Other types of highway additions are addressed in the Primary and Secondary Roads sections of this Guide

b. Abandonments

The legal abandonment of a road removes it from VDOT’s inventory and VDOT will no longer maintain the road. The road is closed to public use and is no longer considered a public thoroughfare.

The abandonment of a prescriptive easement road eliminates the easement. As a result of the abandonment, the road ceases to be a public road and control of the land reverts to the fee simple property owner.

Abandonment of roads with right-of-way (ROW) dedicated to public use or deeded to VDOT has the effect of closing the road to public use and the related ROW can be sold or transferred (see VDOT Right-of-Way Division documents for additional details regarding the disbursement of surplus property).

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March 2025

Types of Highway System Changes – Abandonments (continued)

When roads are abandoned, an important fact for VDOT staff to know is if a replacement road has been built which services generally the same users as the road that is being abandoned. This information is needed in most situations because the related state Code section used, the public notification requirement, and the approval authority are affected if a replacement road is constructed.

An abandonment without a replacement road takes place when the locality or VDOT finds no public use necessary for the road or the safety and welfare of the public would be best served by the abandonment. When a replacement road is being built, the abandonment and addition must be addressed in the same locality resolution.

The following are the VDOT related bodies or individuals who have the authority to approve road abandonments:

• Primary abandonment without a replacement road constructed (§33.2-902) – CTB

• Primary abandonment with the construction of a replacement road OR the abandonment does not include a replacement road, BUT the proposed abandonment is required for the completion of a construction or maintenance project (§33.2-906) – VDOT Chief of Policy

• Secondary abandonment without a replacement road (§33.2-909) – Office of Land Use

• Secondary abandonment with a constructed replacement road or the abandonment does not include a replacement road, but the proposed abandonment is required for the completion of a construction or maintenance project (§33.2-912) – VDOT Chief of Policy

An abandonment cannot result in the loss of vehicular access to any land use or parcel of land. VDOT District or Residency staff are required to submit the “VDOT Abandonment & Discontinuance Confirmation Form” when an abandonment and/or discontinuance is proposed. The purposes of this form are to ensure that the abandonment/discontinuance was properly advertised, a replacement road serves the same general users, and that the abandonment will not result in the loss of vehicular access for any land use or parcel of land.

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March 2025

Types of Highway System Changes (continued)

c. Discontinuances

Discontinuance is an act reserved for the Commonwealth Transportation Board whereby VDOT is relieved of maintenance responsibility and jurisdictional authority for a roadway.

A discontinuance takes place when it is determined that the roadway no longer provides sufficient public benefit to warrant VDOT maintenance, but the related ROW needs to be

retained for a transportation purpose. A locality cannot discontinue a VDOT roadway.

With relation to the approval authority of discontinuances, the following are the bodies or individuals that approve discontinuances:

• All Primary discontinuances (§33.2-901) – CTB
• Secondary discontinuance without a replacement road (§33.2-908.B) – CTB
• Secondary discontinuance with a constructed replacement road OR the discontinuance does not involve a replacement road, BUT the proposed discontinuance is required for the completion of a construction or maintenance project (§33.2-908.C) – VDOT Commissioner

There can be confusion regarding the difference between a VDOT “abandonment” and a “discontinuance.” While the terms may seem alike, legally there is a great deal of

difference between the two actions and they should never be used interchangeably.

Discontinuances are rare when compared to abandonments because the reasons for highway discontinuances do not occur frequently.

There are two main similarities between abandonments and discontinuances when the actions are completed. The similarities are:

• The action removes the associated road from VDOT’s highway systems and the agency no longer maintains the road
• The road no longer provides sufficient public service to warrant state maintenance

When a Secondary discontinuance is completed, the road remains a public facility and the road’s jurisdictional authority is returned to the locality. A discontinued Primary road remains under the jurisdiction of the Commonwealth Transportation Board and the

Commissioner of Highways. A discontinued road continues to be open to public use, but is no longer maintained by VDOT.

Because discontinuances are infrequent, when a locality or Residency proposes this action, Office of Land Use staff will ask the reason for the discontinuance and why an abandonment is not the correct action. This is documented via submission of the “VDOT Abandonment & Discontinuance Confirmation Form” to confirm that discontinuance is the proper highway system change action for the situation.

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March 2025

Types of Highway System Changes – Discontinuances (continued)

The following are examples of when a highway discontinuance is the correct change to the road:

• Property owners no longer want their road maintained by VDOT, but need to reserve the ROW to provide legal access to parcels

• County wants to use the road adjacent to its courthouse only for public safety vehicles

• The road no longer provides a sufficient public convenience to warrant maintenance at public expense (serves less than three occupied dwellings), but the ROW is needed to provide legal access to other properties (i.e. it prevents land locking property)

If you have any questions about discontinuances, do not hesitate to contact the VDOT Office of Land Use.

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March 2025

Types of Highway System Changes (continued)

d. Transfers

A highway transfer takes place when a road or a segment of road is moved from one VDOT highway system to another or from the Primary system to the local system. The most common transfers occur when roads are changed between the Primary and

Secondary systems.

Highway transfers can take place for a number of reasons. This change may occur due to funding issues or a locality’s use of a road. The most common reason for a transfer is when a shift in the Primary alignment occurs and all or a portion of the old alignment still provides sufficient service to remain in the VDOT system as a Secondary route.

Transfers are a highway system change and must complete the legal change process to be accomplished. A road that is renumbered, but remains in the same highway system, is not considered a transfer but is a renumbering.

With relation to §33.2-314 transfers, VDOT Department Memoranda 14-1 provides criteria on when this Code section should be used for Secondary to Primary transfers. This is discussed in detail in the §33.2-314 section of this Guide.

With relation to approval authority, the following are the bodies or individuals that approve

system transfers

• Transfer from Primary to Secondary system not related to new road construction or transfer from VDOT Primary to the local system (Urban, Arlington, or Henrico local systems) (§33.2-315.A) – CTB
• Transfer from Primary to Secondary system related to new road construction (§33.2-315.B) – VDOT Commissioner
• Transfer from Secondary to Primary system not related to new road construction

(§33.2-314.A) – CTB

• Transfer from Secondary to Primary system related to new road construction (§33.2-314.B) – VDOT Commissioner

e. Abandonment of Previously Discontinued Roads

A road that was previously discontinued from the state Secondary system for maintenance can be abandoned using §33.2-914 through §33.2-926 by the locality, although these are not the only statutes that may be applicable for this purpose. These Code sections (§33.2-914 through §33.2-926) apply to county roads that are not part of either the Primary or Secondary highway systems (i.e. roads under the jurisdiction and control of the locality).

Localities should consult their local counsel for the appropriate Code section to use for previously discontinued roads and how to comply with those statutes. VDOT and the CTB typically have no involvement with this type of abandonment. Contact the Office of Land Use if you have questions about the applicability of these Code sections.

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March 2025

4. Interstates and U.S. Highways – Policies & Processes

As with any centerline change to highways in Virginia, highway system changes to Interstates and U.S. Highways in the state are required to complete the legal highway system change process. Interstates and U.S. Highways require an additional level of approval for highway system changes that is not required for State Highways. When a project involves highway system changes to Interstates and U.S. Highways, approval of the changes is also required from AASHTO and/or FHWA.

The Office of Land Use maintains a tracking spreadsheet for all approved assemblies which include U.S. Highways and Interstates. This spreadsheet is distributed twice a year to the VDOT staff who submitted these assemblies to the Office of Land Use to remind these people to complete an AASHTO application.

AASHTO holds two meetings a year to approve changes to U.S. Highways. These take place in the spring and summer. The owners of assemblies which include U.S.

Highways and Interstates are encouraged to complete the related AASHTO application prior to the next deadline.

Ideally, VDOT Projects will submit AASHTO applications prior to the VDOT approval of the Project’s highway system changes. However, the submission of AASHTO applications after the approval of VDOT highway changes is allowed.

VDOT staff should contact the Office of Land Use as soon as possible when a pending Interstate or U.S. Highway change is planned. If the Interstate or U.S. Highway project involves more than one locality or state, each affected locality or state must concur with the proposed system changes and route numbering. The AASHTO and FHWA applications should include a statement of concurrence from all impacted localities or states. The Residency will draft the AASHTO application. The Office of Land Use will work with the Residency or District to finalize the required AASHTO and/or FHWA application.

Virginia Interstates and U.S. Highways are listed on pages 19 and 20.

a. AASHTO Approval Authority and Process – Interstate and U.S. Highway Changes AASHTO is the organization which has the authority to review the establishment, extension, relocation, elimination, and numbering of all roads within the Interstate and U.S. Highway systems. As part of the AASHTO policy, state highway agencies should receive AASHTO approval prior to erecting, removing, or revising any markers on Interstates and U.S. Highways.

AASHTO is also responsible for assigning special route designations on U.S. Highways, such as ‘business route’, ‘by-pass route’ and ‘alternate route.’ The organization’s authority exists independently of the FHWA’s authority to control or designate federal construction funding.

15

[TABLE 15-1] As with any centerline change to highways in Virginia, highway system changes to Interstates and U.S. Highways in the state are required to complete the legal highway system change process. Interstates and U.S. Highways require an additional level of approval for highway system changes that is not required for State Highways. When a project involves highway system changes to Interstates and U.S. Highways, approval of the changes is also required from AASHTO and/or FHWA.

The Office of Land Use maintains a tracking spreadsheet for all approved assemblies which include U.S. Highways and Interstates. This spreadsheet is distributed twice a year to the VDOT staff who submitted these assemblies to the Office of Land Use to remind these people to complete an AASHTO application.

AASHTO holds two meetings a year to approve changes to U.S. Highways. These take place in the spring and summer. The owners of assemblies which include U.S.

Highways and Interstates are encouraged to complete the related AASHTO application prior to the next deadline.

Ideally, VDOT Projects will submit AASHTO applications prior to the VDOT approval of the Project’s highway system changes. However, the submission of AASHTO applications after the approval of VDOT highway changes is allowed.

VDOT staff should contact the Office of Land Use as soon as possible when a pending Interstate or U.S. Highway change is planned. If the Interstate or U.S. Highway project involves more than one locality or state, each affected locality or state must concur with the proposed system changes and route numbering. The AASHTO and FHWA applications should include a statement of concurrence from all impacted localities or states. The Residency will draft the AASHTO application. The Office of Land Use will work with the Residency or District to finalize the required AASHTO and/or FHWA application.

[/TABLE]

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March 2025

Interstates and U.S. Highways (continued)

AASHTO website link: AASHTO Association - Home

AASHTO’s CHS Application Website

Special Committee on U.S. Route Numbering - Resources

The Office of Land Use has templates for the required AASHTO applications and examples of approved AASHTO applications. These are routinely used by VDOT Land Use staff to draft AASHTO applications.

Following the completion of a draft AASHTO application, Residency or District staff send it to the Office of Land Use for review. This Office will make any necessary changes based on AASHTO guidance and send the application to the VDOT Commissioner for signature.

After the Commissioner has signed the application, the Office of Land Use will submit the application to AASHTO for its next biannual meeting. The Office of Land Use will inform the District and Residency when the AASHTO application is approved and will attach related documents to the Project’s ICR item in the RIMS system.

b. FHWA Approval Authority and Process – Interstate Changes

The legal processes and state Code sections for administering changes to the Interstate System are the same as those used for administering changes to the Primary System.

For the purposes of this section of the Guide, the emphasis is on the process for obtaining Interstate designation on a route and the numbering of Interstates.

At the request of a state or states, the FHWA may designate sections of the National Highway System (NHS) as Interstate Highways and may add highways to the Interstate System that are designated as NHS high priority corridors and future Interstate corridors.

There are two basic eligibility requirements for roads to be designated as Interstates:

• The road must be constructed to Interstate standards
• The road must be a logical addition to the Interstate system

There are two processes for a state to obtain Interstate designation on a route: the Administrative path and the Congressional path. In the Administrative path, a state requests the FHWA to designate a route as an Interstate pursuant to the FHWA’s authority granted in the United States Code. In the Congressional path, Congress designates a future Interstate corridor via statutory language.

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March 2025

Interstates and U.S. Highways (continued)

The major differences in these two paths are as follows

1. In the Administrative path, the FHWA must make a determination that the route is

a logical addition to the Interstate system. In the Congressional path, no such determination is required.

2. In the Administrative path, the state or states must make a commitment to construct the highway to Interstate standards within twenty-five years of the designation as an Interstate highway. In the Congressional path, no such time restriction commitment is required.
3. In the Administrative path, the FHWA must designate future Interstate corridors.

In the Congressional path, future Interstate corridors are designated by law.

However, a more specific corridor location requires FHWA approval to ensure consistency with the statutory language.

4. In the Administrative path, an approved final environmental review is required prior to FHWA designation as an Interstate. In the Congressional path, the Interstate designation typically precedes the environmental review.
5. In the Administrative path, the route number must be approved by the FHWA (and

AASHTO). In the Congressional path, the route number may be assigned via statutory language.

Any VDOT Residency staff that may be administering highway system changes to the Interstate system should coordinate efforts closely with the Office of Land Use and Maintenance Division to ensure that the necessary FHWA processes and approvals are being followed and obtained prior to final submission of the changes for CTB approval.

FHWA is responsible for the regulating of Interstates and the U.S. Highway Systems.

This authority is included in the FHWA Federal Aid Policy Guide, Subchapter E-Planning: Section 470, “Federal-aid Highway Systems.”

The Federal Highway Administrator is given the approval authority for all federal-aid

highway system actions involving the designation of or revision to Interstates and U.S.

Highways, including the renumbering of these routes. The Federal Highway Administrator is also authorized to approve functional classification actions on federal-aid highway systems.

Pursuant to the FHWA Federal Aid Policy Guide, state highway agencies have the responsibility of proposing to and obtaining approval from the FHWA for all highway system changes that involve the designation or revision to Interstate and U.S. Highways.

This policy guide also makes it incumbent upon the state highway agency to submit any proposed changes to the Interstate system to the AASHTO Standing Committee on Highways.

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March 2025

Interstates and U.S. Highways (continued)

SUBCHAPTER E - PLANNING

PART 470 - HIGHWAY SYSTEMS Subpart A - Federal-Aid Highway Systems

eCFR :: 23 CFR Part 470 Subpart A -- Federal-aid Highway Systems

c. CTB Approval of Interstates and U.S. Highways The Commonwealth Transportation Board is authorized to administer changes to the Interstate and U.S. Highway systems under §33.2-300 of the Code of Virginia. Per the terms of this law, highway system changes to the Interstate and U.S. Highways are to be administered in the same manner as highway system changes to the Primary System.

VDOT Residency staff shall use the guidance contained herein for Primary System changes when administering highway system changes to the Interstate and U.S. Highway systems.

When completing highway changes involving U.S. Highways and Interstates, the CTB should approve a conditional resolution prior to submitting the respective applications to FHWA (Interstates only) and AASHTO.

VDOT Residency staff should provide the Office of Land Use with as much notice as reasonably possible if they will be submitting a highway system change to an Interstate or U.S. Highway.

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March 2025

d. Virginia Interstates and U.S. Highways

Virginia Interstates

I-64 I-295

I-66 I-381

I-77 I-395

I-81 I-464

I-85 I-495

I-95 I-564

I-195 I-581

I-264 I-664

U. S. Highways in Virginia

US-1 BUS US-1 (City of Fredericksburg) BUS US-19 (Town of Lebanon) US-11 BUS US-19 (Town of Tazewell)

ALT US-11 (City of Roanoke) TRK US-19 BUS US-11 (City of Staunton) US-21 BUS US-11 (City of Lexington) US-23 TRK US-11 BUS US-23 (Town of Gate City) ALT US-11 (City of Roanoke) BUS US-23 (Town of Pound) US-13 BUS US-23 (Town of Wise) BUS US-13 (Town of Accomac) BUS US-23 (City of Norton) BUS US-13 (Town of Exmore) US-29 BUS US-13 (Town of Eastville) BUS US-29 (City of Danville) BUS US-13 (Town of Cheriton) BUS US-29 (Town of Chatham) BUS US-13 (City of Suffolk) BUS US-29 (Town of Gretna) US-15 BUS US-29 (Town of Altavista) BUS US-15 (Town of Leesburg) BUS US-29 (City of Lynchburg) BUS US-15 (Town of Warrenton) BUS US-29 (Town of Amherst) BUS US-15 (Town of Remington) BUS US-29 (Nelson County) BUS US-15 (Town of Culpeper) BUS US-29 (City of Charlottesville)

BUS US-15 (Town of Farmville) BUS US-29 (Town of Madison) BUS US-15 (Town of Keysville) BUS US-29 (Town of Culpeper) BUS US-15 (Loudoun County) BUS US-29 (Town of Remington) US-17 BUS US-29 (Town of Warrenton) ALT US-17 (Spotsylvania County) US-33 BUS US-17 (Stafford County) BUS US-33 (Town of Elkton) BUS US-17 (City of Fredericksburg) BUS US-33 (Town of Stanardsville) BUS US-17 (Fauquier County) US-48 BUS US-17 (Middlesex County) US-50 BUS US-17 (Gloucester County) US-52 BUS US-17 (Town of Warrenton) US-58 BUS US-17 (City of Chesapeake) ALT US-58 BUS US-17 (Spotsylvania County) BUS US-58 (Town of Lawrenceville)

US-19S

19

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U. S. Highways in Virginia (continued)

BUS US-58 (Town of Boydton) US-421 BUS US-58 (City of Emporia) BUS US-421 (Town of Gate City) BUS US-58 (City of Franklin) US-460 BUS US-58 (City of Suffolk) ALT US-460 (City of Salem) BUS US-58 (Town of Courtland) BUS US-460 (Town of Tazewell)

BUS US-58 (City of Virginia Beach) BUS US-460 (Town of Blackstone) BUS US-58 (Town of Gate City) BUS US-460 (Town of Burkeville) BUS US-58 (City of Martinsville) BUS US-460 (City of Suffolk) BUS US-58 (Town of South Hill) BUS US-460 (Town of Pearisburg) BUS US-58 (Lee County) BUS US-460 (Town of Bedford) BUS US-58 (Town of Stuart) BUS US-460 (Town of Christiansburg) BUS US-58 (Town of Clarksville) BUS US-460 (Town of Blacksburg) BUS US-58 (City of Danville) BUS US-460 (Town of Richlands) BUS US-58 (Patrick County) BUS US-460 (Town of Pamplin City) BUS US-58 (Lee County) BUS US-460 (City of Lynchburg) BUS US-58 (City of Franklin) BUS US-460 (Town of Farmville) US-60 BUS US-460 (City of Petersburg) BUS US-60 (Town of Clifton Forge) BUS US-460 (Town of Appomattox) US-211 ALT US-460 (City of Norfolk) BUS US-211 (Town of Warrenton) BUS US-460 (Town of Grundy) BUS US-211 (Town of Washington) US-501

BUS US-211 (Town of Luray) ALT US-501 (City of Buena Vista) US-219 BUS US-501 (City of Lynchburg) US-220 US-522 BUS US-220 (Town of Clifton Forge) BUS US-522 (Town of Washington) BUS US-220 (City of Roanoke) BUS US-220 (Town of Rocky Mount) BUS US-220 (City of Martinsville) BUS US-220 (Town of Ridgeway)

US-221

US-250 BUS US-250 (City of Charlottesville) US-258 BUS US-258 (Town of Smithfield) BUS US-258 (City of Franklin) US-301 ALT US-301 (City of Petersburg)

BUS US-301 (Town of Bowling Green)

US-311

US-340 BUS US-340 (Town of Luray) US-360 BUS US-360 (Hanover County) BUS US-360 (Amelia County) BUS US-360 (Town of Burkeville) BUS US-360 (Town of Keysville) 20

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March 2025

5. Primary Roads – Codes, Policies & Processes

The state’s Primary system consists of all roads and bridges under the jurisdiction and control of the Commonwealth Transportation Board (CTB) and the Commissioner of Highways. Primary roads are not part of the Secondary state highway system.

Roads within the state’s Primary system have route numbers less than 600, though there are several exceptions due to highway numbering conventions (e.g. I-664 and Rt. 895).

This type of road also includes Interstates, U.S. Highways, Frontage roads, State Park roads, and Institutional roads which serve such state institutions as public colleges, universities, and correctional facilities.

A number of Primary highway system changes are required to be approved by the CTB, the Commissioner, or the Chief of Policy. When VDOT staff is administering Primary highway changes, the VDOT Residency should inform the Office of Land Use about these

changes early in this process. After receiving the complete HSC assembly, the Office of Land Use will process the proposed VDOT approval letters or CTB agenda item, have the CTB documents reviewed by VDOT’s Governance Division, and submit the CTB meeting documents to the Commissioner’s Office for inclusion on the CTB’s earliest possible agenda. Highway changes requiring Commissioner or Chief of Policy approval will be sent to the Commissioner’s Staff by the Office of Land Use as soon as possible.

This section of the Guide is divided into the following categories

a. Additions b. Abandonments c. Discontinuances d. Transfers e. Institutional Roads f. State Parks g. Locally Administered Projects

h. VDOT Projects

Pertaining to Primary roads, Section 1-221 of the Code of Virginia defines “locality” as meaning a county, city, or town. Section 33.2-100 of the Code of Virginia defines “the Board” as meaning the Commonwealth Transportation Board. These terms have the same meaning as referenced in this section.

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March 2025

a. Primary Additions

Code Section §33.2-310 – Addition to Primary Route Additions to the state’s Primary system are most often accepted using §33.2-310. This Code section is used when Primary mileage is added to the system as part of a project that relocates or adjusts an existing Primary road. This most often occurs when a VDOT Project adds Primary centerline mileage. In most cases, a corresponding road

abandonment or discontinuance is associated with this type of addition.

Primary roads can be constructed by developers and localities, but this is rare. This usually happens when the road being constructed is part of a locality’s Transportation Improvement Plan and project funding is administered by an entity other than VDOT.

The Office of Land Use is authorized to approve §33.2-310 Primary additions. Therefore, these additions do not need to be approved by the CTB or VDOT executives.

Although not required by law, VDOT procedure requires that a resolution or letter of support be obtained from the locality for Primary system changes. This is done to provide assurance that the locality has been informed of and is involved with the Primary highway system change process.

A VDOT Project HSC assembly can either be accompanied by a locality resolution or a letter of support (if the Project meets the letter of support requirements listed below). The

letter of support is most often signed by the Board of Supervisors Chair, County Administrator/Manager, the Clerk of the Board of Supervisors, Director of the county Transportation Department, or the County Attorney. There is a template for this type of letter on the Office of Land Use DOTi page.

In order for a Primary highway change to use a locality letter of support rather than a resolution, the related change must be the result of a VDOT Project and the ROW must be owned by the state. There is no construction deadline for the use of a letter of support regarding a Primary highway change.

If a developer constructed Primary road is to be added to the state system, it is required to have an approved resolution from the locality. A letter of support cannot be used.

The letter of support requirement difference between a VDOT Project and a developer built project is that a locality has previously approved the VDOT Project additions in public settings via the locality’s Six-Year Improvement Program (SYIP). For a developer built

project, this type of prior local approval does not occur because developer built projects do not involve the appropriation of state funding, a public notification process, and are not included in the county’s SYIP.

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March 2025

Primary Additions (continued)

Example of §33.2-310 Primary Addition

In the example below, segments AB and BC (in red) are being added to the Primary

system using §33.2-310. These two added segments are replacing the corresponding segments AD and DC (in blue) that are being abandoned pursuant to §33.2-906.

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March 2025

Primary Additions (continued)

Code Section §33.2-314.A – Primary Addition Involving New Primary Roads and Bypasses

During a review of HSC Code sections, VDOT’s Governance Division determined that §33.2-314.A should be used in limited instances for the addition of some Primary roads.

Section 33.2-314.A is only to be used for additions when new Primary roads are added to the system that involve:

• A completely new Primary road with a new route number
• The creation of new Primary Bypass roads

Please contact the Office of Land Use for assistance to determine if §33.2-310 or §33.2-314.A should be used for a specific Primary addition.

The approval of a §33.2-314.A Primary addition has not been delegated to any VDOT management or staff. Therefore, §33.2-314.A additions must be approved by the CTB.

In order to proceed to the CTB to add a §33.2-314.A Primary route, the locality must approve a resolution or letter of support for VDOT to legally accept the road. The resolution for a §33.2-314.A addition should follow the same format as a §33.2-310 resolution.

Due to the CTB approval required for a §33.2-314.A Primary addition, please contact the Office of Land Use if you have a proposed addition using this Code section.

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March 2025

Primary Additions (continued)

Example of §33.2-314.A Primary Addition

The road segments in purple below, involving Routes 58 and FR-1081, are being added to the Primary system using §33.2-314.A. This Code section is used because Route 58 is defined as a Bypass and Route FR-1081 is a newly created Primary road. There are

also no corresponding abandonments or discontinuances.

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b. Primary Abandonments

Code Section 33.2-902 – Abandonment of Primary Route Without Replacement Road

Section 33.2-902 is used when an existing VDOT Primary road is being abandoned and

there is no corresponding replacement road being constructed. This type of abandonment is initiated when VDOT or an interested landowner would like to abandon all or a portion of an existing Primary road. Typically this is done when a road no longer provides sufficient service to abutting properties to warrant public maintenance, or if abandonment is required as a prerequisite to the conveyance of surplus right of way.

Because the Primary system is under the authority of the CTB and Commissioner of Highways, it is the responsibility of VDOT to administer and advertise §33.2-902 Primary abandonments.

There may be instances when §33.2-906 can be used for a Primary abandonment without a replacement road. This is the case if the proposed abandonment is related to the completion of a construction or a maintenance project (see section on §33.2-906 for more details).

Notice of Intent to Abandon (NOIA) – Section 33.2-902 requires that the proposed Primary abandonment be advertised so that the public has prior knowledge of the intended

abandonment. VDOT will publish either a NOIA Willingness Advertisement or a NOIA Public Hearing Advertisement that complies with the public notification requirements of §33.2-902. Samples of these advertisements are included on the HSC/SSAR DOTi page.

NOIA Willingness Advertisement vs. NOIA Public Hearing Advertisement – VDOT may choose to publish either a willingness to hold a public hearing advertisement or a public hearing advertisement. The willingness advertisement indicates that VDOT will hold a public hearing if requested. The public hearing advertisement indicates VDOT will hold a public hearing, and it gives notice of the date, time, and place of the public hearing. The willingness advertisement is typically used in situations where objections to the abandonment are not expected, because it saves VDOT the time and expense of conducting a public hearing. The NOIA public notification requirements are the same for both types of advertisements.

• NOTE: Some localities will always request a public hearing. Local VDOT staff

administering the abandonment should coordinate with the respective locality to determine if this is the case prior to any advertisement’s publication.

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Primary Abandonments - §33.2-902 (continued)

§33.2-902 Public Notification Requirements: In order to comply with §33.2-902’s public notification requirements:

1. VDOT MUST choose 1a or 1b below -a. Post a notice of the pending abandonment at least three days before the first day of a regular term of the circuit court at the front door of the courthouse of the county in which the section of the highway is located, or if the section of the highway is located in two or more counties, at the front door of the courthouse of each county (this posting option is usually not used), b. Publish a notice of the abandonment in two or more issues of the same newspaper published in the county in which the section of the highway or the crossing is located. Samples of this notice are included on the HSC/SSAR DOTi page.

2. VDOT shall also send registered mail notice of the intent to abandon to the governing body of the county or counties in which the road is located. This letter should request either a letter of support or resolution related to Primary abandonment from the local governing body. Although not required by §33.2-902,

the letter/resolution of support is a VDOT procedural requirement to provide the CTB with assurance that the locality supports the pending abandonment. Samples of the registered letter and letter/resolution of support are included on the HSC/SSAR DOTi page.

3. If the highway is located in a town, VDOT shall also send registered mail notice of intent to abandon to the governing body of the town. This letter should also request a letter/resolution of support from the town.

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Primary Abandonments - §33.2-902 (continued)

Holding a §33.2-902 Abandonment Public Hearing

• NOIA Willingness Advertisement: If one or more landowners in the county or town where the abandonment is located requests a public hearing be held within 30

days after the NOIA Willingness Advertisement is first posted, published, and mailed, VDOT shall hold a public hearing for consideration of the abandonment.

VDOT shall then publish a Public Hearing Advertisement that gives notice of the date, time, and place of the hearing.

• NOIA Public Hearing Advertisement: If VDOT opts to forgo a NOIA Willingness Advertisement or if a public hearing is requested during the NOIA Willingness Advertisement, VDOT shall give notice of the date, time, and location of the public hearing. The public hearing must be held within the county (or one of the counties) where the proposed abandonment is located. The NOIA Public Hearing advertisement shall be published a minimum of 30 days in advance of the date of the public hearing and shall be published in accordance with the §33.2-902 Public Notification Requirements given herein. o NOTE: A transcript of any comments received at the public hearing is to be included in the HSC assembly sent to the Office of Land Use.

If no requests for a public hearing are received within 30 days after publication of the NOIA Willingness Advertisement, or if after a public hearing is held and VDOT is satisfied that no public necessity exists for the continuance of the section of highway, the Residency will forward the complete HSC assembly to the Office of Land Use where it will be prepared for the CTB agenda. The HSC assembly must also include the letter or resolution of support from the locality, the highway system change sketch, a copy of the abandonment advertisement, the name of the publication, and the dates advertised.

Additionally, the VDOT Abandonment & Discontinuance Confirmation Form must be submitted with the HSC assembly. The CTB will then approve a resolution either confirming or dismissing the abandonment.

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Primary Abandonments - §33.2-902 (continued)

Deadline for CTB to Act on §33.2-902 Primary Abandonments – When Residency staff begins to process a §33.2-902 Primary abandonment, they need to be aware of the mandatory deadline for the CTB to take action on these abandonments. This Code section states:

“…the Board shall (i) within four months of the 30-day period during which notice was posted where no petition for a public hearing was filed or (ii) within four months after the public hearing enter an order on its minutes abandoning the section of highway as a public highway or the railroad crossing as a public railroad crossing, and with that order the section of highway shall cease to be a public highway, unless the local governing body takes control as provided in this article, or the railroad crossing shall cease to be a public railroad crossing. If the Board is not so satisfied, it shall enter an order dismissing the application within the applicable four months provided in this subsection.”

This Code language means that the CTB must act on the §33.2-902 Primary abandonment within four months of the expiration of the willingness to hold a public hearing as specified in the NOIA Willingness Advertisement OR within four months after the holding of the public hearing. If the CTB action has NOT been taken during this four month period, the entire §33.2-902 Primary abandonment process must be repeated

from the beginning.

Due to this four month deadline, it is extremely important for the Residency to inform the Office of Land Use that the §33.2-902 abandonment is in process. The Residency is encouraged to have the Office of Land Use review the NOIA, the advertisement, and the proposed abandonment prior to the advertisement of the proposed abandonment.

The Residency shall send the full assembly to the Office of Land Use as soon as possible following the end of the willingness period to hold the public hearing or the date of the public hearing (whichever is applicable) and receipt of the locality’s resolution or letter of support.

In order to place an item on an upcoming CTB agenda, the Office of Land Use must draft the CTB documents and meet the deadlines to have the VDOT Governance Division review the agenda item. CTB agenda items are also required to be received by the Commissioner’s office by its designated deadline. Please contact the Office of Land

Use for the related deadlines for upcoming CTB meetings.

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§33.2-902 Abandonment of Primary Route Without Replacement Road

VDOT initiates abandonment on its own motion or receives written request to abandon from the locality or landowner

VDOT sends Notice of Intent to Abandon to the locality via registered mail. (This letter requests a resolution or letter of support for the abandonment from the locality). Residency enters abandonment into RIMS & assigns ICR tracking number.

VDOT publishes either a Willingness to Hold VDOT posts either a Willingness to Hold a Public a Public Hearing or Notice of Public Hearing Hearing or Notice of Public Hearing at the front advertisement for at least 30 days in two or door of the Courthouse for least 3 days before the VDOT chooses one more issues of the same newspaper. first day of regular term of the Circuit Court.

Copies of ad or affidavit of publication Copies of ad or affidavit of publication required part required part of HSC assembly. of HSC assembly.

Willingness Did VDOT publish/to Hold post a Willingness or Public Public Hearing Hearing notice?

Did VDOT VDOT Residency publishes Notice of Public Notice of receive a request for Hearing for at least 30 days in two or more Public Hearing a Public Hearing from Yes issues of the same newspaper & VDOT landowner or provides the Notice of Public Hearing to the locality? locality VDOT Residency staff conducts Public Hearing, local governing body approves Letter of Support or resolution, and VDOT prepares a transcript of any comments received Locality approves Letter of Support or No resolution supporting abandonment VDOT Residency staff prepares RIMS highway system change assembly and submits to Office of Land Use Office of Land Use staff prepares the item for the next CTB meeting CTB must act on the abandonment within a maximum of 4 months after expiration of Willingness to Hold Public Hearing or actual Public Hearing (whichever is applicable).

CTB approves or dismisses the abandonment.

If approved, Office of Land Use staff completes process in RIMS. *NOTE: The Resolution/Letter of Support from the locality and the RIMS assembly should be submitted to the Office of Land Use as soon as possible after the expiration of the willingness or the date of the public hearing, whichever is applicable, and the Resolution/Letter of Support has been approved by the locality due to the time limit for CTB action within §33.2-902.

30

[TABLE 30-1] VDOT publishes either a Willingness to Hold a Public Hearing or Notice of Public Hearing advertisement for at least 30 days in two or more issues of the same newspaper.

Copies of ad or affidavit of publication required part of HSC assembly. | | VDOT posts either a Willingness to Hold a Public Hearing or Notice of Public Hearing at the front door of the Courthouse for least 3 days before the first day of regular term of the Circuit Court.

Copies of ad or affidavit of publication required part of HSC assembly.

[/TABLE]

[TABLE 30-2] VDOT chooses one

[/TABLE]

[TABLE 30-3] Willingness to Hold Public Hearing

[/TABLE]

[TABLE 30-4] Noti Public | ce of Hearing

[/TABLE]

[TABLE 30-5] Yes

[/TABLE]

[TABLE 30-6] No

[/TABLE]

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Example of §33.2-902 Primary Abandonment

In the sketch below, the 0.07 mile segment AB (shown in blue) of Old Route 61 is being abandoned using §33.2-902 because there was no replacement road being constructed.

The abandonment is also not related to any construction or maintenance project.

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Primary Abandonments (continued)

Code Section 33.2-906 – Abandonment of Primary Route With Replacement Road or in Conjunction with Construction or Maintenance Project

Section 33.2-906 is most often used when an existing VDOT Primary road is being abandoned and the segment of road that is being abandoned will be replaced with a new

road, which generally serves the same users as the road that is being abandoned.

This type of abandonment usually occurs when a VDOT Project relocates or shifts a Primary road alignment, resulting in the need to abandon the old road alignment.

Because a replacement road is added in conjunction with this type of abandonment, there is no public notification requirement for a §33.2-906 abandonment. Both the §33.2-906 abandonment and the related addition must be addressed in the same locality resolution or letter of support.

A §33.2-906 abandonment can also be used for a Primary abandonment when a replacement road is not being built IF the VDOT Chief Engineer recommends that this approach is appropriate in connection with the completion of a construction or maintenance project. An example of this situation is when a section of roadway is eliminated and will not be reconstructed. In such a situation, access to affected properties is provided via other existing routes.

If VDOT staff is unsure if the Chief Engineer will support the use of §33.2-906 for a Primary abandonment without a corresponding addition, the Office of Land Use should be contacted to communicate with the Chief Engineer’s office prior to the approval of a locality resolution or letter of support.

Section 33.2-906 Primary abandonments are initiated by VDOT, typically at the Residency or District level, but are officially approved by the VDOT Commissioner.

Approval of these Primary abandonments has been delegated to the VDOT Chief of Policy.

A VDOT Project can be accompanied by either a locality resolution or a letter of support.

In order for a VDOT Project to use a locality letter of support, the following shall apply:

• The highway change must be the result of VDOT Projects
• The related ROW must be owned by VDOT or the Commonwealth

If a non-VDOT built project includes a §33.2-906 Primary abandonment, it must be

supported by VDOT and is required to have an approved resolution of support from the locality. A letter of support cannot be used.

If a Primary abandonment has a road being constructed nearby and VDOT staff is unsure if this new road meets the “replacement road” requirement associated with §33.2-906, please contact the HSC section of the Office of Land Use to discuss the matter.

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Primary Abandonments - §33.2-906 (continued)

Example of §33.2-906 Primary Abandonment with Replacement Road

In the sketch below, segments AD and DC of Route 11 (in blue) are being abandoned using §33.2-906 and replaced by segments AB and BC (in red) of the new road being added to the system using §33.2-310.

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Primary Abandonments - §33.2-906 (continued)

Example of §33.2-906 Primary Abandonment without Replacement Road

In the sketch below, segment AB (in blue) is being abandoned using §33.2-906. There is no related replacement road, but this abandonment is associated with the completion

of this VDOT Project.

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C. Primary Discontinuances

Code Section 33.2-901 – Discontinuance of Primary Routes

The Secretary has stated his concern that discontinued Primary roads remain under the jurisdiction of the CTB and the Commissioner, but at the same time the roads are removed from the VDOT system and are no longer maintained by VDOT.

Until further notice, VDOT Land Use staff should not proceed with §33.2-901 Primary discontinuances unless there are significant compelling reasons for the discontinuance.

As an alternative to Primary discontinuances, the Office of Land Use recommends that these segments be transferred to the Secondary system using §33.2-315. After this transfer, the now Secondary road can either be discontinued using §33.2-908 or the road can remain in the Secondary system depending upon what the locality and VDOT decide. For further questions about this issue, please contact the Office of Land Use.

Primary discontinuances can be initiated by the agency when the Commissioner deems that the road is no longer necessary for the uses of the Primary highway system. This situation usually takes place when the design, construction, or maintenance of a highway is altered, and a section of the highway is no longer necessary for vehicular traffic, but the ROW must be retained for a transportation purpose.

VDOT should contact the locality through written communication to inform the local

officials about the proposed discontinuance.

All Primary discontinuances are approved pursuant to §33.2-901. This is the case regardless of whether there is a replacement road constructed or not.

The purpose and legal effect of highway discontinuances are discussed in Section 3 of this Guide.

Primary discontinuances must be approved by the CTB and are required to be accompanied by an approved resolution or letter of support from the locality.

Section 33.2-901 does not include a public notification requirement and does not implicitly require VDOT to advertise a pending discontinuance or notify adjacent property owners of this action. However, the agency should contact adjacent property owners and those owners who are directly affected by the proposed discontinuance. In this way, VDOT will be able to communicate how the proposed highway change will impact the maintenance

of the road.

In the event that VDOT decides to publicize the proposed Primary discontinuance, it is recommended that the public notification requirements for Secondary discontinuances contained in §33.2-908.B be followed for §33.2-901 Primary discontinuances. This process is outlined in Section 6.e of this Guide.

35

[TABLE 35-1] The Secretary has stated his concern that discontinued Primary roads remain under the jurisdiction of the CTB and the Commissioner, but at the same time the roads are removed from the VDOT system and are no longer maintained by VDOT.

Until further notice, VDOT Land Use staff should not proceed with §33.2-901 Primary discontinuances unless there are significant compelling reasons for the discontinuance.

As an alternative to Primary discontinuances, the Office of Land Use recommends that these segments be transferred to the Secondary system using §33.2-315. After this transfer, the now Secondary road can either be discontinued using §33.2-908 or the road can remain in the Secondary system depending upon what the locality and VDOT decide. For further questions about this issue, please contact the Office of Land Use.

[/TABLE]

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Primary Discontinuances - §33.2-901 (continued)

Example of §33.2-901 Primary Discontinuance

In this sketch, segment BC (in yellow) has been discontinued using §33.2-901. This segment is no longer needed as a part of the Primary system because it does not provide sufficient public service to warrant maintenance. The segment has been replaced by

adding segment AB (in red) pursuant to §33.2-310. Segment AC (in blue) has been abandoned using §33.2-906.

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D. Primary Transfers

There are two main types of Primary transfers that involve transfers from the Primary to the Secondary system. The difference between these two changes is that one deals with road construction and the other is a transfer with no new road being built. The Code sections’ approval authority for these two types of transfers are also different.

Code Section 33.2-315.A – Transfer from Primary to Secondary System NOT Related to New Road Construction and Transfer between Primary System and the Local System

The CTB can transfer highways from the Primary highway system to the Secondary system. The CTB can complete this type of transfer if initiated by VDOT or requested by the local governing body.

A §33.2-315.A Transfer most often takes place when a locality or VDOT wants an existing Primary road transferred to the Secondary system. An example of when this may occur is a change in the nature or use of the subject road.

This type of transfer takes place when no new road construction is involved with the requested transfer.

There may also be instances when a VDOT Primary route is located in a city, an incorporated town, or Arlington or Henrico County and the locality requests that the road be transferred to the local urban system and be maintained by the locality. In this example, the resolution must be approved by the city or town council or the board of supervisors, whichever is appropriate.

Section 33.2-315.A transfers are required to be approved by the CTB and the locality must approve a resolution requesting the transfer. This locality can be a county, city, or incorporated town. For example, if a VDOT maintained Primary road is located in an incorporated town, the town’s governing body must approve a resolution requesting the transfer. Letters of support cannot be used for this type of transfer.

Section 33.2-315.A limits statewide transfers to 150 miles per fiscal year, but this threshold is rarely met.

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Primary Transfers - §33.2-315.A (continued)

Example of §33.2-315.A Transfer

The sketch below depicts the 0.10 mile AB segment (in orange) being transferred from

the Primary (was Route 58) to the Secondary system (to become Route 740) using §33.2-315.A. This transfer was not requested in conjunction with a new road construction project.

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Code Section 33.2-315.B – Transfer from Primary to Secondary System Related to New Road Construction

A §33.2-315.B transfer takes place when the VDOT Chief Engineer recommends that this action is appropriate in connection with the completion of an agency construction or

maintenance project.

Section 33.2-315.B transfers most frequently occur when VDOT constructs a new Primary road and as a result, all or a portion of the old road is transferred from the Primary to the Secondary system. These transfers are approved by the VDOT Commissioner. Prior to this approval, the transfer must first be recommended by VDOT’s Chief Engineer. This transfer approval process is administered by the Office of Land Use. As soon as the Office of Land Use receives the complete HSC assembly, the Office of Land Use staff reviews the request and produces the required approval documents for the Commissioner’s office.

If VDOT staff is unsure if the Chief Engineer will support the use of §33.2-315.B for a transfer, they should contact the Office of Land Use prior to the locality approval of the resolution. Office of Land Use staff will discuss this matter with the Chief Engineer and inform the District or Residency of the decision.

New road construction is required in conjunction with the use of §33.2-315.B. If VDOT staff has any questions about whether a Primary to Secondary transfer should use §33.2-315.A or §33.2-315.B, they should contact the HSC section of the Office of Land Use to discuss.

The locality must approve a resolution requesting the §33.2-315.B transfer. This locality can be a county, a city or incorporated town, depending on the location of the road to be transferred.

Because new road construction is involved with a §33.2-315.B transfer, both the road addition and the transfer must be addressed in the same locality resolution and HSC assembly.

Unlike the annual mileage limitation for §33.2-315A transfers, there is no such limitation for §33.2-315.B transfers.

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Primary Transfers - §33.2-315.B (continued)

Example of a §33.2-315.B Transfer

The sketch below shows segment EFG (in orange) which is being transferred from the Primary (was Route 80) to the Secondary system as Route 804 in conjunction with a VDOT construction project. This segment is connecting to new segment BE (in red)

which is being added to the Secondary system as Route 804.

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E. Institutional Roads

Code Section 33.2-313 – Institutional Road Additions

Section 33.2-313 allows the governing body of a Virginia institution to request the addition of its roads to VDOT’s highway system. These approved road additions become part of the state’s Primary system. Roads which are added to the Primary system pursuant to §33.2-313 will be maintained by VDOT, but policing power for these roads remains with the public institution.

In order for Institutional roads to be added to the state’s Primary system, the following requirements must be met (this information is contained within VDOT DPM 8-3 which was updated in 2021):

• Roads must be located within the grounds of State institutions and meet minimum design requirements
• Roadways shall have a width of at least 22 feet exclusive of ditches
• Drainage facilities shall be adequate to comply with stormwater management requirements

The most common agencies which add roads using §33.2-313 are the Department of Education, the Boards of Visitors for Virginia Public Colleges and Universities, and the Department of Corrections. Section 33.2-313 Institutional road additions do not pay surety and fees to VDOT.

Note: State Park roads are added pursuant to a different Code section (§33.2-311) and public elementary, middle, and high school roads are added using §33.2-325. Private

colleges and universities cannot add roads pursuant to §33.2-313. These roads are typically added pursuant to §33.2-705 when they qualify for street acceptance.

Rather than a locality resolution, the addition of a §33.2-313 Institutional road requires a resolution or letter requesting the addition from the governing body of the institution. This resolution or letter requesting the addition is most commonly provided by the requesting institution. The Office of Land Use will also accept a resolution or a letter of request from the governing body of the state agency (see the Office of Land Use DOTi site for template).

Section 33.2-313 can only be used to add Institutional roads. In the event that an Institutional road is requested to be abandoned or discontinued, the related highway system change needs to be completed pursuant to the applicable Code section for a Primary road change (e.g. §33.2-902, §33.2-901) and a letter of request or resolution is required from the related state agency. VDOT may accept a letter of request from the governing body of the institution for this highway change.

Authority to accept §33.2-313 additions has been delegated by the VDOT Commissioner to the Office of Land Use Director and the agency’s Highway System Program Manager.

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Institutional Roads - §33.2-313 (continued)

Example of a §33.2-313 Institutional Road Addition

The sketch below shows the 0.50 mile AB segment (in red) addition of an Institutional road related to Pocahontas State Correctional Center.

42

[TABLE 42-1] The sketch below shows the 0.50 mile AB segment (in red) addition of an Institutional road related to Pocahontas State Correctional Center.

[/TABLE]

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F. State Park Roads

Code Section 33.2-311 – State Park Road Additions Roads within Virginia state parks which connect to VDOT maintained roads can be added to the state’s highway system in two different ways.

Requests for new state additions connecting state highways outside of State Parks with recreation centers within those parks are made using §33.2-311. Roads to be added pursuant to §33.2-311 must provide direct access to the recreation center within the park.

Section 33.2-311 State Park road additions become part of the Primary system and do not pay surety and fees to VDOT.

Section 33.2-311 is also used when an existing State Park road adds centerline miles.

There are many existing State Park roads which were added to the VDOT system in the past that have Secondary route numbers. Additions to these existing State Park roads within State Parks are accomplished using §33.2-312. These additions become part of the Secondary System and do not pay surety and fees to VDOT.

The Commissioner's approval is needed for the above additions. If you have any questions regarding the use of these Code sections, please contact the Office of Land Use.

Much like Institutional roads, the request for State Park additions do not require a resolution from the locality. These additions need to be accompanied by a request for addition from the Virginia Department of Conservation and Recreation (DCR) which governs state parks. The Office of Land Use has a template for this letter (see the Office of Land Use DOTi site).

The VDOT Commissioner has the approval authority for §33.2-311 State Park additions.

When the Office of Land Use receives a complete HSC assembly for this type of addition, the Office of Land Use reviews the assembly and prepares the documents required for the Commissioner’s approval. The Office of Land Use will notify the VDOT Residency when the State Park road is added to the state’s Primary system. It is the Residency’s responsibility to inform the area State Park that the road has been added to VDOT’s system for maintenance.

Section 33.2-311 can only be used to add State Park roads. If a State Park road needs to be abandoned or discontinued, the related highway system change needs to use and reference the pertinent Code section for a Primary or Secondary road change depending on if the State Park roads have Primary or Secondary route numbers. The request to abandon or discontinue needs to come from the DCR. If you have any questions about which Code section to use for a State Park road, please contact the Office of Land Use.

In the event that the CTB or Commissioner discontinues a state park road, with the concurrence of the DCR, the discontinued road reverts to the control, supervision, and maintenance of the DCR pursuant to §10.1-200 “Duties related to parks and outdoor recreation; additional powers.” If VDOT staff has any questions about this process, please contact the Office of Land Use.

43

[TABLE 43-1] There are many existing State Park roads which were added to the VDOT system in the past that have Secondary route numbers. Additions to these existing State Park roads within State Parks are accomplished using §33.2-312. These additions become part of the Secondary System and do not pay surety and fees to VDOT.

[/TABLE]

[TABLE 43-2] The Commissioner's approval is needed for the above additions. If you have any questions regarding the use of these Code sections, please contact the Office of Land Use.

[/TABLE]

[TABLE 43-3] In the event that the CTB or Commissioner discontinues a state park road, with the concurrence of the DCR, the discontinued road reverts to the control, supervision, and maintenance of the DCR pursuant to §10.1-200 “

[/TABLE]

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State Park Roads - §33.2-311 (continued)

Example of a §33.2-311 State Park Addition

The sketch below depicts segment CD (in red) in the Natural Tunnel State Park being added to the state’s Primary system using §33.2-311.

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G. Locally Administered Projects (LAP’s)

Localities may use county, town, or other funds to construct new roads or to make highway changes. These projects may also include state or federal funds to be completed. VDOT assists localities with the administration and construction of these projects through Local Administered Projects (LAP) staff at the District level. LAP’s are assigned VDOT project numbers and UPC’s. Examples of some LAP’s are Revenue

Sharing projects, Economic Access projects, Airport Access projects, Recreational Access projects, and Enhancement projects.

Depending on the type of addition (e.g. Primary vs. Secondary, institutional, or recreational access), the Code sections used for administering highway system changes resulting from LAP’s are the same as those used for any other type of system change. If you are unsure which Code section needs to be used for HSC’s resulting from locally administered projects, please contact your Residency, District Land Use staff, or the Office of Land Use.

H. VDOT Projects and Highway System Changes

Any project that changes the centerline mileage of a VDOT road must complete the HSC process. This is one of the last steps for a project that VDOT must complete in order to

give VDOT the legal authority to expend public funds for maintenance of a new (or improved) roadway and to maintain an accurate inventory record for maintenance budgeting purposes.

VDOT Projects and highway projects that receive any allocations approved by the CTB do not pay surety and fees.

The Office of Land Use and a statewide team of Land Use and Location and Design staff has recommended organizational procedural changes to ensure that all VDOT Projects complete required HSCs. These procedural changes take place at both the design and closeout phases of VDOT Projects, and upon final approval will be incorporated into this Guide.

These required HSCs will follow the guidance and processes outlined in this document.

If VDOT staff has any questions regarding HSCs for VDOT Projects, the Office of Land Use should be contacted.

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6. Secondary Roads – Codes, Policies & Processes

Virginia’s Secondary System of Highways was created in 1932 with the General Assembly’s “Byrd Act.” This Act transferred these roads to the Virginia Department of Transportation’s authority with local consent. Prior to 1932, these roads were established and administered by localities. Roads within the Secondary system have route numbers of 600 and above.

When roads are added to VDOT’s Secondary system, a locality’s resolution asking for VDOT administration and maintenance of a street is the locality’s implied acceptance of a street as part of their system of local roads.

This section of the Guide is divided into the following categories

a. Additions b. Abandonments c. VDOT Abandonment Certification Letter

d. Vacations e. Discontinuances f. Transfers g. Rural Additions h. Town Additions – Populations under 3,500 i. Public School Access Roads j. VDOT Projects k. Locally Administered Projects l. Recreational and Economic Access Road Projects

Note: Section 1-221 of the Code of Virginia defines “locality” as meaning a county, city, or town. Section 33.2-100 of the Code of Virginia defines “the Board” as meaning the Commonwealth Transportation Board. These terms have the same meaning as referenced in this section of the Guide.

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a. Secondary Additions

Code Section §33.2-705 – Addition to Secondary Route

The majority of Secondary additions are added to VDOT’s system using §33.2-705. This Code section is used when roads added to the Secondary system are constructed by

developers, VDOT Projects, and Locally Administered Projects.

This Code section is also used for “No Cost” Rural Additions. A “No Cost” Rural Addition can generally be defined as a qualified Rural Addition road which does not need any improvements to meet VDOT requirements (see Section 6.g of this Guide for specific guidance on “No Cost” Rural Additions).

In 2009, the CTB approved the initial Secondary Street Acceptance Requirements (SSAR) regulation. The current version of the SSAR was approved in 2024. The Code section which authorized creation of the SSAR is §33.2-334.

Any §33.2-705 addition resulting from private development (i.e. any Secondary route constructed without the use of VDOT funding) will require a resolution for street acceptance. For VDOT construction projects, either a resolution or letter of support may be used.

The standards given below dictate when a locality letter of support may be used. The letter of support is most often signed by the locality’s Board of Supervisors Chair, County Administrator/Manager, the Clerk of the Board of Supervisors, or the County Attorney.

There is a template for this type of letter on the Office of Land Use Highway System Change DOTi page.

In order for a VDOT Project to use a locality letter of support rather than a resolution, the following shall apply:

• The HSCs must be the result of a VDOT Project
• Related ROW must be owned by VDOT or the Commonwealth
• VDOT construction must have been completed after July 1, 2011
• VDOT projects completed prior to July 1, 2011, require a resolution of support from the local governing body
• Letters of support can NOT be used for SSAR, SSR, or Rural Additions.

A completed HSC assembly must be sent to the Office of Land Use for all Secondary

additions. The Office of Land Use is authorized to approve §33.2-705 Secondary additions.

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b. Secondary Abandonments

Code Section 33.2-909 – Abandonment of Secondary Route Without Replacement Road

A county governing body or an interested landowner, including VDOT, can initiate the §33.2-909 abandonment of a Secondary road or segment that is deemed to no longer be necessary for the uses of the highway system.

Section 33.2-909 is used when an existing VDOT Secondary road is being abandoned and there is no corresponding replacement road being constructed. This type of abandonment most commonly occurs when a Secondary road no longer meets Public Service Requirements to be in the state system.

There may be instances when §33.2-912 can be used for a Secondary abandonment when a replacement road is not built. This takes place when the Chief Engineer recommends that §33.2-912 is the appropriate abandonment action in connection with the completion of a construction or maintenance project.

Notice of Intent to Abandon (NOIA) – Because there is no replacement road associated with this type of abandonment, there are public notification and participation requirements

pursuant to §33.2-909 that the locality must follow. These public notification requirements are very similar to the standards that VDOT must adhere to when administering a §33.2-902 Primary abandonment. Samples of the locality’s Notice of Intent to Abandon resolution, NOIA Willingness Advertisement, NOIA Public Hearing Advertisement, and the final locality §33.2-909 abandonment resolution are included on the HSC/SSAR DOTi page.

NOIA Willingness Advertisement vs. NOIA Public Hearing Advertisement – The locality may choose to publish either a willingness to hold a public hearing advertisement or a public hearing advertisement. The willingness advertisement indicates that the locality will hold a public hearing if requested. The public hearing advertisement indicates the locality is going to hold a public hearing and gives notice of the date, time, and place of the public hearing.

The willingness advertisement is typically used in situations where objections to the abandonment are not expected, because it saves the locality the time and expense of

conducting a public hearing. The §33.2-909 NOIA public notification requirements are the same for both advertisements.

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Secondary Abandonments - §33.2-909 (continued)

Public Notification Requirements The locality must notify VDOT when it intends to abandon a Secondary road using §33.2-909. This step is described in item #1 below. To fulfill the public notification requirements mandated in §33.2-909, the locality MUST complete EITHER item #2.A or #2.B below.

The locality shall also publish the intent to abandon advertisement described in item #3 below.

1. The locality shall give notice of its intention to abandon the road to the VDOT Commissioner (this action must be completed). This notice is most often sent to the Residency, District, or the Commissioner’s office. This is done through the NOIA Resolution or a letter to VDOT (either is acceptable). The locality will forward a copy of their approved resolution or letter to the VDOT Residency Administrator.

A copy of the resolution or letter is to be included in the RIMS HSC assembly sent to the Office of Land Use.

2. Locality chooses either A or B: A. Post the Notice of Intent to Abandon at least three days before the first day of a regular term of the circuit court at the front door of the courthouse of the county in which the section of highway is to be abandoned. B. Post the Notice of Intent to Abandon in at least three places on and along

the highway to be abandoned for at least 30 days. This 30 day period generally takes place concurrently with the NOIA.

3. Publish the Notice of Intent to Abandon in two or more issues of the same newspaper having general circulation in the county (this action must be completed).

Additional Notification Requirements for §33.2-909

• If a proposed §33.2-909 abandonment is located in more than one locality, all affected localities must agree to the abandonment and all affected localities must adhere to the public notification requirements. A resolution is required from all localities in which the abandoned road is located.
• Public Water Landings and §33.2-909 Secondary Abandonments – If the abandonment involves a public water landing, the locality shall also provide notice

of the abandonment to the Virginia Department of Wildlife Resources.

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Secondary Abandonments - §33.2-909 (continued)

Holding a §33.2-909 Abandonment Public Hearing

• NOIA Willingness Advertisement: If one or more landowners in the county or town where the abandonment is located requests a public hearing be held within 30 days after the NOIA Willingness Advertisement is first posted, published, and

mailed, the locality shall hold a public hearing for consideration of the abandonment. The locality shall publish a NOIA Public Hearing Advertisement that gives notice of the date, time, and place of the hearing. If no request is made to hold a public hearing, the locality may proceed to the approval of the abandonment resolution.

• NOIA Public Hearing Advertisement: If the locality opts to forgo a NOIA Willingness Advertisement or if a public hearing is requested during the NOIA Willingness Advertisement, the locality shall give notice of the date, time, and location of the public hearing. The public hearing must be held within the county (or counties) where the proposed abandonment is located. The NOIA Public Hearing advertisement shall be published a minimum of 30 days in advance of the date of the public hearing and shall be published in accordance with the §33.2-909 Public Notification Requirements given herein. o NOTE: A transcript of any comments received at the public hearing is to

be included in the HSC assembly sent to the Office of Land Use.

If the locality is satisfied that no public necessity exists for the continuance of the Secondary road, it can approve a resolution or adopt an ordinance abandoning the section of highway. The locality has four months after the end of the willingness advertisement or the date of the public hearing to approve the resolution or the ordinance.

If the locality does not approve the resolution or pass the ordinance within this 4-month period, the entire Secondary abandonment process must be repeated.

If the locality is not satisfied that the Secondary road should be abandoned, the locality shall dismiss the proposed abandonment within the four month period designated in §33.2-909. If such is the case, the locality shall provide VDOT a resolution indicating that, upon consideration of public opposition to the petition and any other mitigating factors, the locality does not support the abandonment and requests that the mileage remain in the VDOT inventory. A copy of the public hearing transcripts should also be provided if a public hearing is held.

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§33.2-909 Abandonment of Secondary Route Without Replacement Road

Locality receives written request to abandon Secondary road from VDOT or any citizen

Locality provides Notice of Intent to Abandon resolution or letter to VDOT Commissioner*

Locality posts the NOIA Locality posts the NOIA advertisement advertisement in at least 3 places at least 3 days before the first day of Locality chooses one on or along road to be regular term of the Circuit Court at the abandoned for at least 30 days front door of Courthouse Locality publishes NOIA Public Hearing Locality publishes NOIA advertisement for at least 30 days in advertisement for at least 30 days Locality chooses one two or more issues of the same in two or more issues of the same newspaper & the locality provides newspaper notice of the public hearing to VDOT* Did locality receive Yes a request for a Public Hearing?

No Within 4 months of the NOIA advertisement expiration or the date of Locality conducts Public Hearing & the public hearing (if one is requested), provides VDOT with a transcript of the locality approves resolution any comments received. requiring the abandonment & forwards a copy to the VDOT Residency VDOT Residency staff prepares RIMS highway system change assembly and submits to Office of Land Use Office of Land Use staff reviews 33.2-909 Secondary abandonment & completes the abandonment approval in RIMS.

Office of Land Use informs the Residency of this approval. *Note: If the abandonment involves a public landing, the locality shall also provide notice to the Virginia Department of Wildlife Resources.

51

[TABLE 51-1] Locality posts the NOIA advertisement in at least 3 places on or along road to be abandoned for at least 30 days | | Locality posts the NOIA advertisement at least 3 days before the first day of regular term of the Circuit Court at the front door of Courthouse

[/TABLE]

[TABLE 51-2] Locality chooses one

[/TABLE]

[TABLE 51-3] Locality chooses one

[/TABLE]

[TABLE 51-4] Y | es

[/TABLE]

[TABLE 51-5] N | o

[/TABLE]

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Secondary Abandonments - §33.2-909 (continued)

Example of §33.2-909 Secondary Abandonment

The sketch below shows the 0.10 mile AB segment (in blue) of Route 678 being abandoned pursuant to §33.2-909. Notice that a replacement road is not built in

conjunction with this abandonment.

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Code Section 33.2-912 – Abandonment of Secondary Route With Replacement Road or in Conjunction with Construction or Maintenance Project

Section 33.2-912 is used when an existing VDOT Secondary road is being proposed for abandonment and the segment of road that is being abandoned will be replaced with a new road. The road to be added typically serves the same users as the road that is being

abandoned. This type of abandonment most often occurs when a VDOT Project relocates or shifts a Secondary road alignment, resulting in the need to abandon the old road alignment. Because a replacement road is added in conjunction with this type of abandonment, there is no public notification requirement for a §33.2-912 abandonment.

The VDOT Commissioner can approve the above type of §33.2-912 abandonment.

When a §33.2-912 Secondary abandonment is associated with a replacement road, the abandonment of the old road and the addition of the new road (usually a §33.2-705 Secondary addition) must be included in the same locality resolution or letter of support and HSC assembly.

If VDOT staff is administering a Secondary abandonment and are unsure if the new road meets the “replacement road” requirement associated with §33.2-912, please contact the Office of Land Use.

This Code section can also be used when a replacement road is not built if the Chief

Engineer recommends that §33.2-912 is the appropriate abandonment action in connection with the completion of a construction or maintenance project.

The locality required documentation for a §33.2-912 abandonment can differ if the abandonment and new addition involve a VDOT Project as opposed to other types of development. A VDOT Project can either be accompanied by a locality resolution or a letter of support. In order for a VDOT Project to use a locality letter of support, the following shall apply:

• The highway change must be the result of a VDOT Project.
• The related ROW must be owned by VDOT or the Commonwealth
• VDOT construction must have been completed after July 1, 2011 (this is part of the state Code).
• VDOT projects completed prior to July 1, 2011, require a resolution of support from the local governing body.

Any §33.2-912 abandonment that is not related to a VDOT Project is required to have an

approved resolution from the locality.

Section 33.2-912 Secondary abandonments are approved by the VDOT Chief of Policy.

This abandonment and corresponding addition will be approved by the Office of Land Use in RIMS effective the day the Chief of Policy approves the abandonment.

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Secondary Abandonments - §33.2-912 (continued)

Example of §33.2-912 Secondary Abandonment with Replacement Road

Segments BC, CD, and DE of Route 645 (in blue) are being abandoned using §33.2-912.

These abandoned segments are being replaced by the corresponding segments indicated in red which are being added to the Secondary system pursuant to §33.2-705.

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Secondary Abandonments - §33.2-912 (continued)

Example of §33.2-912 Secondary Abandonment with Chief Engineer’s Recommendation

In the sketch below, segment MN (in blue) is being abandoned using §33.2-912. There is no replacement road being constructed that serves the users of this segment. This road segment needed to be abandoned to construct the realignment of the Route 17 ramp. This is an example of a §33.2-912 abandonment for which the Chief Engineer recommended this action related to the completion of the related VDOT construction project.

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c. VDOT Abandonment Certification Letter

Code Section 33.2-913 – VDOT Letter Certifying Completed Secondary Abandonment

Following the VDOT completion of a §33.2-909 or a §33.2-912 Secondary abandonment, the locality can request an official letter from VDOT certifying that the abandonment has been finalized. In addition to confirming that the abandonment has been approved, another reason for this letter is to confirm that any surplus right-of-way associated with the abandonment is no longer needed by VDOT for any transportation purpose.

In order to make this confirmation, the Office of Land Use will email the Residency that submitted the abandonment. The Residency will respond with an email stating that the abandoned road in question and its right-of-way are no longer needed by VDOT.

After the abandonment has been legally completed and the communication has been received from the Residency Administrator/Engineer, the Office of Land Use’s Highway System Program Manager sends the official §33.2-913 letter to the Chair of the local governing body. The Residency Administrator/Engineer and the VDOT Right-of-Way Division Administrator are copied on this correspondence. Attachments included with this letter are the approved abandonment cover sheet, the sketch of the road that was

abandoned, and the communication from the Residency Administrator/Engineer.

The locality request for the §33.2-913 letter is most often included within the abandonment resolution, but the Office of Land Use will complete this letter if a request is received from a locality staff person. This county communication is in writing and is most often included in an email.

If VDOT staff has any questions about the §33.2-913 abandonment certification, do not hesitate to contact the Office of Land Use.

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d. Secondary Vacations

Code Section 15.2-2272 – Vacation of Certain Secondary Roads

The highway vacation process defined in §15.2-2272 may only be used to abandon roads within the Secondary system if all of the following conditions are satisfied:

• The land shown on the plat to be vacated has been the subject of a rezoning or special exception application approved following public hearings required by §15.2-2204 of the Code of Virginia, and
• The VDOT Commissioner or his designee is notified by the locality in writing prior to the public hearing, and
• The vacation is necessary in order to implement a proffered condition accepted by the locality’s governing body pursuant to §15.2-2297, §15.2-2298 or §15.2-2303 of the Code of Virginia or to implement a condition of special exception approval.

The vacation process is considered by VDOT to be an alternative method to abandonment and all other actions concerning facilities of the Secondary system continue

to apply. Due to the strict requirements associated with the vacation process, this Code section is rarely used to abandon roadways.

The proposed vacation of the road must be published once a week for two consecutive weeks in a newspaper having general circulation in the locality. This notice shall specify the time and place of the related public hearing.

Similar to §33.2-909, the locality is required to provide its intention to vacate the road to the VDOT Commissioner. This notice is most often in the form of a letter from the locality and is sent to the Residency, District, or the Commissioner’s office. A copy of this letter is to be included in the HSC assembly sent to the Office of Land Use.

When the §15.2-2272 vacation process is completed, the local document to approve of the action is a copy of the executed and recorded Deed of Vacation rather than a resolution or a letter of support. This deed must be signed by all the owners of lots shown on the plat and also signed on behalf of the local Board.

The effect of completing a road vacation using §15.2-2272 is

• A road is no longer part of the Secondary system of highways
• Pursuant to §33.2-925 of the Code of Virginia, these roads or facilities may be vacated under the provisions of §15.2-2272 as an alternative means of abandoning such roads to the procedures prescribed by §33.2-915 through §33.2-929. Such actions may be appealed under the provisions cited in §15.2-2272.

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e. Secondary Discontinuances

Secondary discontinuances are accomplished pursuant to either subsection B or C of

§33.2-908. Which subsection of §33.2-908 that must be used is primarily dependent upon whether or not a replacement road has been constructed that serves the same properties as the road being discontinued.

Upon recommendation by the Chief Engineer, the Commissioner may discontinue roads affected by construction or maintenance projects when it is deemed the appropriate action.

Localities cannot discontinue Secondary roads. Only the CTB has the authority to discontinue Secondary roads not related to construction projects.

Code Section 33.2-908.B – Discontinuance of Secondary Route Without Replacement Road

A §33.2-908.B Secondary discontinuance can be initiated upon a petition from the local governing body of a county or town. The CTB can also initiate this type of discontinue

when it deems that the road is no longer required for public convenience.

Section 33.2-908.B is used when an existing VDOT Secondary road is being discontinued and there is no corresponding replacement road being constructed. Section 33.2-908.B discontinuances are most commonly requested by a locality that wants to end VDOT maintenance of a road.

The CTB can also initiate a §33.2-908.B discontinuance when a road no longer provides sufficient public service to warrant VDOT maintenance, but the right of way needs to be retained for vehicular access to adjoining properties or other public conveniences such as storm water management facilities, utilities, and trails.

If the locality requests a discontinuance and the local VDOT Residency concurs with it, VDOT shall complete both of the following actions:

1. Provide notice of the proposed discontinuance by registered mail to the locality and each landowner whose property adjoins or is accessed by the segment of road

to be discontinued. This letter should include instructions for requesting a public hearing. Section 33.2-908.B specifies that only the locality or an abutting landowner may request a public hearing. It is recommended that the deadline for requesting a public hearing should be no less than 30 days after the newspaper publication date of the Notice of Intent to Discontinue.

2. Publish a Notice of Intent to Discontinue for at least 30 days prior to CTB action in one issue of a newspaper having general circulation within the locality. It is recommended that this notice be published at or about the same time as the registered letters to the locality and the affected landowners are posted. A copy of the advertisement or an affidavit of publication from the newspaper is a required part of the HSC assembly submitted to the Office of Land Use.

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Secondary Discontinuances - §33.2-908.B (continued)

If VDOT recommends a discontinuance on the CTB’s own motion, VDOT shall complete both of the following actions:

1. Provide the locality and abutting landowners a Notice of Intent to Discontinue, at least 30 days in advance of CTB action, via registered mail. Although not specified

in §33.2-908, it is recommended that abutting landowners be provided the same 30 days of notice in this event. This letter should include instructions for requesting a public hearing. Section 33.2-908 specifies that only the locality or an abutting landowner may request a public hearing. It is recommended that the deadline for requesting a public hearing should be no less than 30 days after the newspaper publication date of the Notice of Intent to Discontinue.

2. Publish a Notice of Intent to Discontinue for at least 30 days prior to CTB action by publishing the notice in one issue of a newspaper having general circulation within the locality. It is recommended that this notice be published at or about the same time as the registered letters to the locality and the landowners are posted. A copy of the advertisement or an affidavit of publication from the newspaper is a required part of the HSC assembly submitted to the Office of Land Use.

See the flowchart on the next page for the general steps VDOT staff must perform for processing a §33.2-908.B Discontinuance.

VDOT may rely on the locality’s tax records to obtain names and addresses of abutting landowners.

If the locality (county or town) or any abutting landowner requests a public hearing within 30 days of the Notice of Intent to Discontinue, VDOT shall hold a public hearing in the locality in which the road is located. However, VDOT may opt to forgo the Notice of Intent to Discontinue advertisement and conduct a discontinuance public hearing without a request from the locality or an abutting property owner.

Note: Section 33.2-908.B does not specify minimum public notification requirements if a public hearing is requested. However, it is recommended that the public notice be published in accordance with the same requirements as the Notice of Intent to Discontinue.

If no public hearing is requested or following a public hearing, the locality may approve a resolution supporting the discontinuance. Following the receipt of this resolution and the

public hearing transcript (if one is held), the VDOT Residency will complete a discontinuance HSC assembly and send it to the Office of Land Use, where it will be prepared for CTB approval. The CTB must give final approval for §33.2-908.B discontinuances.

Any appeals to roads discontinued pursuant to §33.2-908.B shall be sent to the Circuit Court of the affected locality, conforming to the procedure prescribed in §33.2-905.

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Section 33.2-908.B Discontinuance Public Notification Process

VDOT/CTB or locality initiates the proposed Secondary discontinuance and selects how to advertise the highway change Option 2) Hold a Public Select advertising option Option 1) Willingness to Hearing without request from Hold a Public Hearing locality or property owners – advertisement Public Hearing administered by VDOT VDOT Residency staff VDOT Residency staff prepares Notice of Intent to prepares Notice of Public Discontinue newspaper Hearing newspaper advertisement and sends advertisement and sends registered letters to the locality registered letters to the locality and abutting property owners and abutting property owners VDOT Residency staff contacts VDOT Residency staff contacts newspaper and arranges publication of newspaper and arranges publication of the “Willingness” advertisement. the “Public Hearing” advertisement.

Publication date is the beginning of the Publication date is the beginning of the 30 day public notice, 30 day public notice, AND Yes AND VDOT Residency staff sends VDOT Residency staff sends registered letters to locality and registered letters to locality and abutting property owners. Posted date abutting property owners. Posted date is the beginning of the 30 day locality/ is the beginning of the 30 day locality/landowner notice. landowner notice.

At Least 30 days At Least 30 days Did VDOT receive a request for a Public Hearing VDOT Residency staff conducts the from the locality or abutting Public Hearing and VDOT prepares a property owner? transcript of any comments received.

Locality approves resolution, VDOT Residency staff prepares RIMS highway No system change assembly and submits to Office of Land Use Office of Land Use staff prepares the item for the next CTB meeting CTB approves or dismisses the discontinuance. If approved, Office of Land Use staff completes process in RIMS.

*These two events should coincide so that the 30 day notice of each runs concurrently.

60

[TABLE 60-1] Select adver | tising option

[/TABLE]

[TABLE 60-2] Y | es

[/TABLE]

[TABLE 60-3] At Least | 30 days

[/TABLE]

[TABLE 60-4] At Least | 30 days

[/TABLE]

[TABLE 60-5] No

[/TABLE]

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Secondary Discontinuances - §33.2-908.B (continued)

Example of §33.2-908.B Secondary Discontinuance

Segment AB (in yellow) is being discontinued in the sketch below because it no longer provides sufficient public service to warrant state maintenance, but the right of way is needed to provide continued vehicular access to adjoining properties. Therefore, it is

being discontinued instead of abandoned.

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Code Section 33.2-908.C – Discontinuance of Secondary Route With Replacement Road or with Chief Engineer’s Recommendation

There are two situations when Subsection C of §33.2-908 can be used for a Secondary discontinuance. These include:

• When there is a replacement road constructed which serves the same properties as the road to be discontinued, or
• When there is no replacement road constructed, the proposed discontinuance is the result of a construction or maintenance project, AND the Chief Engineer gives their recommendation that §33.2-908.C is the appropriate Code section to use.

An example of the second situation is a Project that results in a road or section of road that no longer meets public service requirements, but the road’s ROW must be retained to provide vehicular access to one or more parcels that would otherwise be left land locked without access if the road were abandoned.

When a §33.2-908.C discontinuance is completed in conjunction with a replacement road, the locality resolution or letter of support must include the new addition and the discontinuance in the same locality document and HSC assembly.

Because §33.2-908.C discontinuances are processed in connection with an addition, or construction and maintenance projects, publication of a Notice of Intent to Discontinue is not required. Section 33.2-908.C discontinuances do not require public notification.

The required locality documentation for a §33.2-908.C discontinuance depends upon when the Project was completed. A VDOT Project can either be accompanied by a locality resolution or a letter of support. In order for a VDOT Project to use a locality letter of support, the following should apply:

• The highway change must be the result of a VDOT Project
• The affected ROW must be owned by VDOT or the Commonwealth
• VDOT construction must have been completed after July 1, 2011 (this is part of the state Code)
• VDOT projects completed prior to July 1, 2011, require a resolution from the local governing body

If a §33.2-908.C discontinuance results from construction of a privately funded project,

an approved resolution from the locality is required.

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Secondary Discontinuances - §33.2-908.C (continued)

Example of §33.2-908.C Secondary Discontinuance

In this sketch, the AB segment (in yellow) is being discontinued because it does not provide enough public service to warrant continued maintenance, but the right-of-way is still needed to prevent land locking property and to provide vehicular access to adjoining

properties. The discontinued segment has been replaced by segment AB (in red).

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f. Secondary Transfers

There are two types of Secondary transfers that involve a change from the Secondary to the Primary system. One type of transfer is for construction project related system changes while the other is for non-project related system changes.

Code Section 33.2-314.A – Transfer from Secondary to Primary System NOT

Related to New Road Construction (Non-Project Related)

The CTB approves §33.2-314.A transfers from the Secondary to the Primary system when it deems this to be the proper action. Upon approval, the road is then added to the Primary system and renumbered accordingly.

Section 33.2-314.A transfers take place when a locality wants an existing Secondary road transferred to the Primary system when it is not related to any type of construction or maintenance project. A locality resolution is required for a §33.2-314.A transfer.

The criteria for transferring Secondary roads to the Primary system are as follows (see VDOT Department Memorandum 14-1 for reference):

1. The road must connect to an existing Primary or interstate highway.
2. The road must meet the majority of the following criteria: a. Provides a reasonably direct connection between activity centers not already connected by an existing primary or interstate highway

b. Has a traffic volume of at least 10,000 vehicles per day c. Carries at least 200 tractor-trailers or buses per day d. Has a functional classification of arterial e. Designated as part of the National Highway System (NHS) f. Meets the minimum lane width & shoulder width design standards for a highway of its current functional classification and traffic volume.

The mileage which can be transferred pursuant to §33.2-314.A cannot exceed 50 miles statewide during any fiscal year.

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Secondary Transfers (continued)

Section 33.2-314.A Example Sketch

In this example, segments of Secondary Route 600 (AB, BC, & CD in orange) are being transferred to the Primary system as Route 599 due to a change in the nature and use of the road resulting from private development and amendment to the locality’s

Comprehensive Plan.

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Secondary Transfers (continued)

Code Section 33.2-314.B – Transfer from Secondary to Primary System Related to New Road Construction (Project Related)

Section 33.2-314.B transfers take place when the VDOT Chief Engineer recommends

that it is the appropriate action in connection with the completion of a construction or maintenance project.

Section 33.2-314.B transfers usually occur when VDOT or the locality constructs a new road, and as a result, all or a portion of the old road is transferred from the Secondary to the Primary system.

Upon recommendation by the Chief Engineer, the Commissioner may approve the transfer of these roads from the Secondary to the Primary system.

The locality must approve a resolution or a letter of support for the §33.2-314.B transfer.

This locality can be a county, a city, or incorporated town, depending on the location of the road to be transferred.

There is no annual mileage limitation for §33.2-314.B transfers.

For questions about whether a proposed transfer should use §33.2-314.A or §33.2-314.B, contact the Office of Land Use to discuss.

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Secondary Transfers (continued)

Example of §33.2-314.B Transfer

Segment BCD (in turquoise) is being transferred from the Secondary (was Rt. 707) to the Primary system (to become Rt. 55) in conjunction with this VDOT Project.

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g. Rural Additions

Rural Additions are public roads that qualify for state maintenance, but have not been

accepted by VDOT.

VDOT staff must first determine if candidate roads are eligible to be accepted as Rural Additions. The following are the general requirements for Rural Addition roads:

1. The streets must have been shown on a plat that has been recorded or otherwise opened to public use and used by motor vehicles for at least 20 years and constantly open to public use
2. At least 40 feet of right-of-way, or in the event of extenuating circumstances as defined in the CTB guidance, a minimum dedicated width of no less than 30 feet.
3. Streets must have drainage easements and accommodations, which meet current storm water management requirements and policies.

4. Right-of-way must be unrestricted and unencumbered by utility or other easements. The locality or the Commonwealth must have fee simple title to the right of way.

5. Public Service Requirements for Rural Additions – Must serve at least three occupied dwelling units, excluding nonresidential units. Nonresidential units (e.g. business, industrial uses) can be present on a Rural Addition road, but the road must also include a minimum of three occupied dwelling units.

6. Residency believes the road can safely accommodate anticipated traffic volume
7. Roads must be physically connected to a road currently in the VDOT system or the Urban system.
8. Special requirements if “speculative interest” exist. "Speculative interest" means that the original developer or a successor developer retains ownership in two or more lots abutting such street for development or speculative purposes. In instances where it is determined that speculative interest is involved, the governing body of the county shall require a pro rata participation by such original developer, developers, or successor developers as prescribed in §33.2-335.D as a condition for the county's recommendation for the addition.

In instances where it is determined that speculative interest exists, the basis

for the pro rata percentage required of such developer, developers, or successor developers shall be the proportion that the value of the abutting parcels owned or partly owned by the developer, developers, or successor developers bears to the total value of all abutting property as determined by the current valuation of the property for real estate purposes. If this process is not completed, the street(s) may not be accepted into the Secondary system as a Rural Addition.

68

[TABLE 68-1] In instances where it is determined that speculative interest exists, the basis for the pro rata percentage required of such developer, developers, or successor developers shall be the proportion that the value of the abutting parcels owned or partly owned by the developer, developers, or successor developers bears to the total value of all abutting property as determined by the current valuation of the property for real estate purposes.

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Rural Additions (continued)

9. Section 55.1-308 of the Code of Virginia (see below) pertains to private roads which serve subdivisions of 50 or fewer lots for which the related right-of-way has NOT been dedicated for public use. Unlike regular Rural Additions where the right-of-way has been previously dedicated to public use, §55.1-308 provides a mechanism for localities to add older subdivision streets to the

VDOT system that meet all other Rural Addition requirements except for right-of-way dedication. In such cases, every lot owner must give written consent to have the right-of-way dedicated to public use, and this consent must be recorded with the locality’s Clerk of Court. This written consent must also be included with the Rural Addition HSC assembly that is sent to the Office of Land Use. Contact the Office of Land Use if you have any questions about this requirement.

§ 55.1-308. Private roads; public use; maintenance and improvements.

Notwithstanding any provision of a recorded deed or plat to the contrary, a private road serving a subdivision of 50 or fewer lots may be dedicated for public use and may be taken into the secondary state highway system, subject to the provisions and requirements set

forth in §§ 33.2-335 and 33.2-336, if the owner of the fee interest in such private road obtains the written consent of every lot owner in the subdivision whose lot is served by the private road and the holder of any restrictive covenant or easement rights over and concerning the private road prior to making such dedication and before requirements for acceptance of the road into the secondary state highway system are met. Such consent shall be recorded in the land records of the clerk's office of the circuit court of the county in which the private road is located.

The following are the general steps involved when a locality requests a Rural Addition:

10. Homeowners who live on potential Rural Addition roads should contact the local VDOT Residency and the locality to determine if the road is eligible for the Rural Addition program and to determine if the project will be a Cost or No-Cost rural addition. The citizens should also discuss possible funding sources with the locality if road improvements are required.
11. If the street is determined to be a “Qualifying” or Cost Rural Addition, Residency staff will inspect the road, prepare a list of improvements needed to meet VDOT minimum standards (if any), and prepare a cost estimate for said improvements. The cost estimate is used by the locality to identify funding sources and to determine pro rata participation amounts if speculative interest(s) exist. See the following section on Ineligible Project Costs for important restrictions/limitations on Rural Addition funding uses.

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Rural Additions – General Steps (continued)

3. If no improvements are necessary to meet Rural Addition design standards, the locality can request the addition as a “No Cost” Rural Addition pursuant to §33.2-705 (see page 79 for Rural Addition minimum requirements).
4. If improvements are needed, the street must first be formally added to the Secondary system pursuant to §33.2-335, because Rural Addition funds

cannot be expended on roads that are not legally in the VDOT system.

• The resolution from the locality requesting the addition must also identify the source and amount of funding secured to make the roadway improvements. If a source of adequate funds is not identified, the road cannot be added as a Rural Addition.

5. Once the Office of Land Use approves the addition, the VDOT Residency will establish a project UPC to track actual construction costs, and the allocated funding will be deposited. At this point, construction of the needed improvements can begin. Rural Additions can be constructed by a third party contractor under a duly advertised and awarded construction contract, or they can be constructed by state forces/hired equipment.

• State forces/hired equipment construction contracts have funding limitations for actual project costs as defined in §33.2-234.

“No Cost” Rural Additions If roads do NOT need any improvements to be accepted as Rural Additions, these roads can be accepted as “No Cost” Rural Additions pursuant to §33.2-705. Residency staff should use the §33.2-705 No Cost Rural Addition resolution template which includes language specifically for a “No Cost” Rural Addition. “No Cost” Rural Additions do not require localities to post surety and fees to VDOT.

Qualified or “Cost” Rural Additions Qualified or “Cost” Rural Additions are roads which require physical improvements to be accepted into the Secondary system. This process will follow the general steps listed above. A “Cost” qualified Rural Addition resolution must identify the source(s) and amount of funding the locality has allocated for the roadway improvements (see resolution template on the Office of Land Use DOTi site).

Qualified Rural Additions must be accepted into the Secondary system BEFORE the expenditure of any Rural Addition funds by VDOT to improve a road(s). This order of

events is necessary because VDOT cannot improve a Qualified Rural Addition until it is legally accepted into the state system. Section 33.2-335 “Cost” Rural Additions do not require localities to post surety and fees to VDOT.

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Rural Additions (continued)

CTB Rural Addition Guidance

In February 1988, the CTB approved its Rural Addition Policy. In December 2017, VDOT repealed this policy as a regulatory document and re-classified it as a guidance

document.

CTB RURAL ADDITION GUIDANCE Approved by the Commonwealth Transportation Board on February 18, 1988

1. Rural additions to the Secondary System of State Highways will be considered when requested by resolution of the Boards of Supervisors of the several counties where the proposed roads provide sufficient public service to warrant the expenditure of highway funds for maintenance and improvement thereof; provided, however, that a minimum 40’ unrestricted right of way plus additional widths for cuts and fills where necessary, along with adequate drainage easements, are established and recorded in the deed books of the county at no cost to the Commonwealth; except that a lesser right of way width, but not less than 30’, may be considered where buildings or permanent structures (not including fences) were in place prior to December 31, 1961 (date of the Transportation Board’s policy on right of way for the Secondary System). Further, the resolution of the Board of Supervisors shall specifically guarantee the necessary right of way and easements for the proposed road addition. Where a county has a policy requiring greater widths of right of way, its policy becomes the policy of the Commonwealth Transportation Board in that county.

2. Rural additions to the Secondary System will be limited during any one fiscal year to not more than 1¼% of each county’s Secondary mileage at the end of the preceding calendar year, provided that the total mileage added to the system can be improved to a minimum standard for rural roads as established by the Department of Transportation with a maximum expenditure of not more than a sum equal to 5% of the allocation of construction funds for use on the Secondary System in such county.

3. Streets within subdivisions developed prior to July 1, 1949, may be considered as rural additions in accordance with Sections 1 and 2 aforementioned, provided that neither the original developer, developers, nor successor developers retain speculative interest in property abutting such streets. Ownership or partnership in two or more parcels, or equivalent frontage, abutting such streets shall constitute a speculative interest for the purposes of this policy. The Board of Supervisors requesting the addition of such subdivision streets meeting the requirements of Sections 1 and 2 shall submit with its resolution of request a certified copy of a plat of the area involved indicating street right of way, drainage easements, and place of recordation of the plat, including a detailed listing of the lot ownership at the time of submission.

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Rural Additions – CTB Guidance (continued)

4. The addition of streets in subdivisions developed subsequent to July 1, 1949, and prior to the adoption of a subdivision control ordinance in the county, the street requirements of which are equal to or greater than the requirements of the Department of Transportation for subdivision streets, or prior to November 15, 1959, (date of revised the Transportation Board’s general policy on subdivision additions), whichever occurred first, may be considered under Sections 1 and 2 aforementioned provided all of the following are complied with: a. The county has passed a subdivision control ordinance having street requirements meeting or exceeding the Department of Transportation’s Subdivision Street Requirements. b. Neither the original developer, developers, nor successor developers retain a speculative interest in property abutting such streets. Ownership or partnership in two or more parcels, or equivalent frontage, abutting such streets shall constitute a speculative interest for the purposes of this policy. c. One-half of the Department of Transportation’s estimated cost for developing the streets to minimum rural standards as established by the Department of Transportation is donated through the county. d. A certified copy of the plat indicating street right of way, drainage easements, and place of recordation and a detailed record of lot ownership, along with the required donation, shall be furnished with the submission of the resolution requesting the addition.

5. Where a county policy requires that a rural addition meeting the requirements of Section 1 be graded, drained, and surfaced to minimum standards for rural additions as established by the Department of Transportation or where this work has been accomplished by the property owners living thereon prior to recommendation for acceptance into the Secondary System, consideration may be given to the waiving of the mileage requirements. However, no consideration may be given to the waiving of the monetary limitations as set forth in Section 2 above, except with the express permission of the Commonwealth Transportation Commissioner.

6. The Commonwealth Transportation Commissioner, through the Deputy Commissioner and Chief Engineer, is directed to set up standards and administrative procedures to see that the provisions of this policy are adhered to and complied with.

7. All portions of the general policy for acceptance of subdivision streets into the Secondary System of State Highways, as approved by this Board on October 29, 1959 and subsequent revisions, in conflict with this policy are rescinded only to the extent of such conflict; and

8. The Boards of Supervisors of the several counties are urgently requested to instruct their appointed viewers or road engineer to give careful consideration to the public necessity for any requested addition, and to carefully weigh the need for the addition against other road needs in the county, so that the program of improving existing secondary roads not be hindered by expenditures of available funds upon roads of questionable public service.

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Rural Additions – CTB Guidance (continued)

Minimum Standards for New Rural Additions to Secondary System

Traffic Volume (five years hence) Roadway Width Width & Type of Surface

Not more than 10 22 feet 14 feet, hard surface VPD 10 VPD to 25 VPD 22 feet 16 feet, hard surface

25 VPD to 50 VPD 24 feet 16 feet, hard surface

50 VPD to 100 VPD 24 feet 16 feet, hard surface Roadway width, base, and surface in accordance with criteria set forth in the agency’s Geometric Design Standards/Rural Local Road Over 100 VPD System for the applicable terrain classification and anticipated traffic volume.

Grades and alignment for any Rural Addition shall not be less stringent than the minimums as set forth in the Geometric Design Standards/Rural Local Road System of the Road Design Manual for the applicable terrain classification and anticipated traffic volume.

Any bridge located on a Rural Addition shall be constructed to the applicable width and capacity as set forth in the Geometric Design Standards/Rural Road System of the Road Design Manual for the anticipated traffic volume.

It is recommended that the Guidelines for RRR Projects (VDOT’s “Resurfacing, Restoration and Rehabilitation” Guidelines) located in Appendix A-4 of the Road Design Manual be followed.

Deviations from the above shall be justified and approved by the Office of Land Use.

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[TABLE 73-1] Traffic Volume (five years hence) | Roadway Width | Width & Type of Surface Not more than 10 VPD | 22 feet | 14 feet, hard surface 10 VPD to 25 VPD | 22 feet | 16 feet, hard surface 25 VPD to 50 VPD | 24 feet | 16 feet, hard surface 50 VPD to 100 VPD | 24 feet | 16 feet, hard surface Over 100 VPD | Roadway width, base, and surface in accordance with criteria set forth in the agency’s Geometric Design Standards/Rural Local Road System for the applicable terrain classification and anticipated traffic volume. | Grades and alignment for any Rural Addition shall not be less stringent than the minimums as set forth in the Geometric Design Standards/Rural Local Road System of the Road Design Manual for the applicable terrain classification and anticipated traffic volume. | | Any bridge located on a Rural Addition shall be constructed to the applicable width and capacity as set forth in the Geometric Design Standards/Rural Road System of the Road Design Manual for the anticipated traffic volume. | |

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Rural Additions (continued)

Physical and Right-of-Way Requirements for Rural Additions Qualified Rural Additions can utilize the design standards in VDOT’s “Resurfacing, Restoration and Rehabilitation” (RRR) Guidelines within VDOT’s Road Design Manual, the AASHTO Guidelines for Geometric Design of Low-Volume Roads, and the 1988 CTB

Guidance on Rural Additions. These design standards may be used for Rural Addition improvements, except that pavement width, ROW width, and pavement type must meet the minimum standards established in the CTB’s Rural Additions Guidance.

Improvements may exceed VDOT standards, provided the costs in excess of the prescribed minimum is funded by sources other than those administered by VDOT.

A formal agreement with the county is required if a stormwater management facility receives runoff from the road or the road crosses a dam or an extrinsic structure. Any and all agreements must be in force before the road is accepted as part of the system.

Copies of any such agreements are to be included in the Highway System Change assembly sent to the Office of Land Use when the street is added to the system.

Ineligible Rural Addition Project Costs Rural Addition funds administered by VDOT are reserved for engineering costs and construction only. Costs for providing a clear, unencumbered ROW and any relocation of such items as utilities, mailboxes, fences, septic systems, and wells are ineligible costs

and cannot be funded with Rural Addition funds administered by VDOT. The county must obtain separate financing for such costs.

Rural Addition Funding Options for Road Improvements

1. Rural Addition Funds

• Counties are allowed to set aside five percent of the Secondary road construction funds they are allocated in order to improve qualifying roads that are not state maintained, within the funding and mileage limitations as given in the CTB Rural Addition Guidance. Rural Addition Funds do not require a locality match.

2. Revenue Sharing Funds in accordance with §33.2-357.

• Local match required (1:1 match for state funds)

• Projects must be started within 1 year of allocation

• Revenue sharing funds used for rural additions are restricted to subdivision streets.

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Rural Additions (continued)

3. Local Funds

• County’s general fund. There are no funding limitations for this funding source.
• Special assessment of the landowners served. Localities can use this type of funding in conjunction with Rural Addition Funds, provided that the special assessment accounts for at least one-half of the project costs. o In order to use this funding, §33.2-335 stipulates that special assessments cannot be done unless 75% or more of the landowners of the abutting parcels agree to the assessment.
• Revenue derived from the sale of bonds
• The locality may permit one or more of the landowners abutting the street to pay one-half of the qualifying costs. Thereafter, the locality shall use funds collected via special assessment to reimburse said

landowner(s).

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General Rural Addition Review & Acceptance Process

Homeowners contact locality and VDOT Residency staff assists VDOT Residency to determine if locality with the “No Cost” roads are eligible for Rural Addition Rural Addition 33.2-705 program (see “Rural Addition process and prepares the General Requirements” for details) locality resolution Locality approves resolution If the road is Rural Addition eligible, and VDOT Residency sends VDOT staff will complete a site visit to RIMS assembly to the Office determine if any physical improvements No of Land Use are required for acceptance Office of Land Use reviews and accepts No Cost Rural Are physical Addition improvements required for street acceptance?

Yes

VDOT Residency prepares list of required improvements consistent with the Guidance in this Manual and the Subdivision Street Design Guide. This list also contains a cost estimate to complete the improvements.

VDOT Residency sends the list and Street(s) is ineligible to be cost estimate to the homeowners and accepted as a Rural locality officials Addition No

Has locality Are Speculative Yes assured pro rata Interests involved? participation? VDOT Residency sends RIMS assembly to the Office of Land Use No Yes Has the locality Improvements are not secured funding for made and road cannot Office of Land Use reviews necessary No be added as a Rural and accepts 33.2-335 “Cost” improvements? Addition Rural Addition – Residency is notified of acceptance Yes Accepted “Cost” Rural Addition Locality approves resolution for road can now be improved 33.2-335 “Cost” Rural Addition using the locality identified which identifies funding source. funding

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[TABLE 76-1] N | o

[/TABLE]

[TABLE 76-2] Y | es

[/TABLE]

[TABLE 76-3] | | Has locality assured pro rata participation? | Yes | Has the locality secured funding for necessary improvements? | |

[/TABLE]

[TABLE 76-4] Ye

[/TABLE]

[TABLE 76-5] N | o

[/TABLE]

[TABLE 76-6] No

[/TABLE]

[TABLE 76-7] Y | es

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Example of a Rural Addition

In this example, the 1.37 mile segment AB (in red) of Route 900 (Grouse Ridge Road), is being added to the Secondary system as a Rural Addition pursuant to §33.2-335.

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h. Town Additions – Populations Under 3,500

Incorporated towns with populations under 3,500 may add Secondary roads to the state system pursuant to §33.2-339 or §33.2-340. Towns selected which of these Code sections would be used for additions.

The list of Virginia towns which are governed by §33.2-339 and §33.2-340 are included in Appendix “H” of this Guide.

When requesting a Town addition pursuant to §33.2-339 or §33.2-340, the resolution is approved by the Town Council.

In the event a town desires to change the Code section under which it adds roads, it must make this request to the CTB.

Towns may also add streets pursuant to §33.2-705 in accordance with the SSR/SSAR.

Town additions pursuant to §33.2-705 are required to post surety and fees, and the resolution must be approved by the county Board of Supervisors. A letter or resolution of support from the Town is not required but is recommended.

The major differences in these statutes are as follows

• §33.2-339 – The total length of additions in a town operating under this statute is limited to 0.25 centerline miles per fiscal year. Although §33.2-339 is silent on design requirements, it has been the long-standing policy of the CTB that

new Secondary additions meet the current VDOT minimum standards in place at the time of said additions. It is recommended that the RRR Guidelines in Appendix A-4 of the Road Design Manual be used in the development of town streets to be added pursuant to §33.2-339. In addition to this requirement, the Resident Administrator/Engineer has the authority to determine if the road(s) should be accepted pursuant to §33.2-339. Section 33.2-339 town additions do not require localities to post surety and fees.

• §33.2-340 – There is no mileage limitation for additions that can be approved within a fiscal year pursuant to this Code section. However, §33.2-340 provides specific requirements for pavement widths, pavement type, and ROW widths that must be in place at the time of the addition. Because certain §33.2-340 Town additions must meet SSAR requirements (see the following table of Town addition minimum standards), surety and fees are applicable. If a town is the developer of roads to be added pursuant to §33.2-340 and a surety is required,

the town has the option to provide surety via resolution from the town’s governing body.

Sample resolutions for §33.2-339 and §33.2-340 town additions can be found on the Office of Land Use DOTi site.

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Town Additions (continued)

Minimum Standards for Town Additions (Population Under 3,500) §33.2-339 Additions (Maximum Mileage Allowed = 0.25 Mile per Fiscal Year)

• Unrestricted ROW Width – 30 feet minimum
• Pavement Width – 16 feet minimum
• Pavement Type – Hard Surface

Minimum Standards for Town Additions (Population Under 3,500) §33.2-340 Additions (No Y early Mileage Limitations)

For Streets Established & Unrestricted Right Pavement Pavement Used by Motor Vehicles of Way Width Width Type Before July 1, 1950 30 feet minimum 12 feet minimum Hard Surface*

50 feet minimum 20 feet minimum Hard Surface After July 1, 1950 & established by the locality After January 1, 1996 for streets functionally classified as local streets Current Current Current that meet current VDOT SSAR/SSR SSAR/SSR SSAR/SSR standards for pavement Requirements Requirements Requirements width and right of way width In this context “Hard Surface” means surface treatment, plant mix asphalt, or concrete pavement.

Drainage easements for all town additions should be of sufficient size and dimension so as to be compliant with the applicable storm water management regulations and requirements in place at the time of the addition.

The Code sections and procedures for the abandonment and discontinuance of town streets are the same as for any other type of Secondary abandonment or discontinuance.

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[TABLE 79-1] | | | Unrestricted Right of Way Width | Pavement Width | Pavement Type | For Streets Established & | | | | | Used by Motor Vehicles | | | | Before July 1, 1950 | | | 30 feet minimum | 12 feet minimum | Hard Surface After July 1, 1950 & established by the locality | | | 50 feet minimum | 20 feet minimum | Hard Surface After January 1, 1996 for streets functionally classified as local streets that meet current VDOT standards for pavement width and right of way width | | | Current SSAR/SSR Requirements | Current SSAR/SSR Requirements | Current SSAR/SSR Requirements

[/TABLE]

[TABLE 79-2] Unrestricted Right of Way Width

[/TABLE]

[TABLE 79-3] Pavement Width

[/TABLE]

[TABLE 79-4] Pavement Type

[/TABLE]

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Town Additions (continued)

Example of a §33.2-339 Town Addition

The example below shows three segments, AB, AC, and DE (in red), being added to the Secondary system pursuant to §33.2-339.

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i. Public School Access Roads - §33.2-325

Roads accessing public schools that connect to VDOT or other publicly maintained streets may be accepted into the state’s Secondary system. The main function of these roads is to provide school buses and other vehicles access to school buildings. Public school access roads are given 9000 series route numbers. These school roads are a subset of public roads over which school authorities exercise limited police powers

regarding access and use of the road.

In order for a public school road to be accepted into the Secondary system, the local school system should coordinate with the local governing body to approve a §33.2-325 resolution and complete the acceptance process. Upon receipt of the approved resolution, the Residency completes a HSC assembly which is sent to the Office of Land Use for final approval (see Office of Land Use DOTi site for a resolution template).

Section 33.2-325 public school access roads do not require localities to post surety and fees.

Prior to street acceptance, school access road must be constructed to the applicable standards for the anticipated traffic. The standards for school access roads are included in Section 8 of Appendix B(1) in VDOT’s Road Design Manual and Appendix H of this Guide.

The accepted roadway must be clearly defined and distinctly not a portion of a parking

lot; however, the travel way through a parking lot may be added as a public school access road.

The School Board and the Board of Supervisors together must guarantee an unencumbered ROW or a perpetual easement. The resolution for a §33.2-325 public school road addition, located in a town less than 3,500 in population that does not maintain its roads, must be approved by the county, not the Town Council, because the schools are under the county’s jurisdiction.

The right-of-way for new school access roads shall be of a sufficient width to accommodate all roadway elements intended for VDOT maintenance, but in no case shall the right-of-way width be less than 40 feet, pursuant to the design requirements given in VDOT’s Road Design Manual.

In the event that a road serves land uses other than a school, the portion of the addition that lies beyond the school’s property will be considered as a normal Secondary system addition and not a school access road. When this occurs, the entire Secondary road needs to meet the design requirements of the governing regulation (SSAR or SSR) and the portion of the road serving the non-school use will be assigned a different route

number.

The Code sections and procedures for the abandonment and discontinuance of public school access roads are the same as for any other type of Secondary abandonment or discontinuance

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Public School Access Roads (continued)

Example of a §33.2-325 Public School Access Road Addition

In the sketch below, the 0.31 mile segment AB (in red) is being added to the Secondary

system as a §33.2-325 Public School Access Road for a public elementary school.

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j. VDOT Projects and Highway System Changes

As previously stated in the Primary system section of this Guide, all Projects that change the centerline mileage of a road must complete the HSC process. This process is required to give VDOT the legal authority to expend public funds for maintenance of a new (or improved) roadway and to maintain an accurate inventory record for maintenance budgeting purposes.

These required HSCs will follow the guidance and processes outlined in this document.

If VDOT staff has any questions regarding HSCs for VDOT Projects, the Office of Land Use should be contacted.

k. Locally Administered Projects (LAP’s)

Localities may use county or town funds to construct new roads or to make highway changes. These projects may also include state or federal funds to be completed. VDOT assists localities with the administration and construction of these projects through Local Administered Projects (LAP) staff at the District level. LAP’s are assigned VDOT project numbers and UPC’s. Examples of some LAP’s are Revenue Sharing projects, Economic Development Access projects, Recreational Access projects, and Enhancement projects.

Highway system changes that are constructed by LAPs which do not receive any CTB allocated funds require localities to post surety and fees to VDOT.

Depending on the type of highway system changes, the Code sections used for administering the changes resulting from LAP’s are the same as those used for any other type of highway system change. If you are unsure which Code section needs to be used for HSC’s resulting from locally administered projects, please contact your Residency, District Land Use staff, or the Office of Land Use.

l. Recreational Access Roads & Economic Development Access Road Projects Additions can be made to the Secondary system that are a result of Recreational Access and Economic Development Access projects. These programs are administered by VDOT’s Local Assistance Division and related staff at the Districts. Recreational and

economic access road additions do not require localities to post surety and fees to VDOT.

When these projects are in localities for which VDOT maintains streets, a highway system change assembly is required for all projects that change centerline miles (e.g. addition, abandonment). The locality resolution will contain language stating that all applicable VDOT standards have been met, and it will request that the related Secondary system

changes be approved by VDOT. The HSC assembly will also include the CTB resolution allocating the related access funds. The applicable Secondary system Code sections (e.g. §33.2-705, §33.2-912) are used for these changes.

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7. Appendix Sections

There are various issues that may affect the highway system change process. The Appendices include instructional information on highway system change related topics to better assist VDOT staff in the administration of the highway system change process.

This section of the Guide includes the following appendices

a. Guide to Highway System Legal Changes b. History of the Secondary System of State Highways c. Commonwealth Transportation Board Highway System Change Process

and Approval Documents d. Guidelines for Virtual Public Participation for Highway Changes e. SSAR Refresher Section f. R-O-W Types and Related Information g. Local Street Construction Inspection Programs h. Minimum Standards for Public School Roads i. Special Measurements j. Towns Governed by §33.2-339 and §33.2-340 for Additions k. Locality Resolutions and Letter of Support l. SSAR and SSR Sureties and Fees m. Agreements n. RIMS System and HSC Assemblies o. Data Corrections p. Length Corrections in RIMS q. Highway System Change Sketch Standards and Examples r. Submitting Highway System Change Assemblies

s. VDOT Abandonment and Discontinuance Confirmation Form t. Appeal of Abandonments & Discontinuances After Approval u. Highway Research Requests v. Transfers of Roads Between the VDOT & Urban Systems w. Glossary

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a. Guide to Highway System Legal Changes

The following table contains the majority of the highway changes that are made and includes the Code section, a description of the change, the local action required, and the individual or group which has the authority to approve the action. The Primary and Secondary Road sections of the Guide contain detailed information about each of these

system changes.

Primary System Code Description Requirements §33.2-310 Additions to Primary 1. Description: Additions to Primary System Route – Involving when the relocation of a road is involved.

Primary Relocations This usually takes place in conjunction with an abandonment or discontinuance.

2. Local Action: Local Governing Body resolution or letter of support
3. Approval Authority: Commissioner approves construction via VDOT Programming and Office of Land Use accepts completed project in RIMS

§33.2- Additions to Primary 1. Description: Additions to Primary System 314.A Route – Involving New when a new road or a bypass is built Primaries & Bypasses 2. Local Action: Local Governing Body resolution or letter of support

3. Approval Authority: Commonwealth Transportation Board (CTB) approval §33.2- Abandonment of 1. Description: Abandonment of a Primary 902 Primary Route - Route when a replacement road is NOT Without Replacement built. Public notification process required.

Road 2. Agency Action: Public hearing willingness to abandon is posted

3. Local Action: Local Governing Body resolution or letter of support
4. Approval Authority: Commonwealth Transportation Board (CTB) approval

Note: There is a maximum of four months allowed between public hearing/posting of willingness and when the abandonment is addressed by the CTB. If this period is longer than four months, the process must be restarted.

85

[TABLE 85-1] Primary System | | Code | Description | Requirements §33.2-310 | Additions to Primary Route – Involving Primary Relocations | 1. Description: Additions to Primary System when the relocation of a road is involved.

This usually takes place in conjunction with an abandonment or discontinuance.

2. Local Action: Local Governing Body resolution or letter of support
3. Approval Authority: Commissioner approves construction via VDOT Programming and Office of Land Use accepts completed project in RIMS §33.2-314.A | Additions to Primary Route – Involving New Primaries & Bypasses | 1. Description: Additions to Primary System when a new road or a bypass is built
4. Local Action: Local Governing Body resolution or letter of support
5. Approval Authority: Commonwealth Transportation Board (CTB) approval §33.2-902 | Abandonment of Primary Route -Without Replacement Road | 1. Description: Abandonment of a Primary Route when a replacement road is NOT built. Public notification process required.
6. Agency Action: Public hearing willingness to abandon is posted
7. Local Action: Local Governing Body resolution or letter of support
8. Approval Authority: Commonwealth Transportation Board (CTB) approval Note: There is a maximum of four months allowed between public hearing/posting of willingness and when the abandonment is addressed by the CTB. If this period is longer than four months, the process must be restarted.

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§33.2- Abandonment of 1. Description: Abandonment to the Primary 906 Primary Route - With System involving the construction of a Replacement Road OR replacement road(s) which serves the same Related to a users as the abandoned road(s) OR an Construction or abandonment directly related to a Maintenance Project construction or maintenance project without

a replacement road (use of latter alternative must be approved by Chief Engineer)

2. Local action: Local Governing Body resolution or letter of support
3. Approval Authority: Chief of Policy has authority to approve via VDOT Commissioner delegation of authority §33.2- Discontinuance of 1. Description: Discontinuance of a Primary 901 Primary Route Route (do not pursue §33.2-901 Primary discontinuances after October 2024)
4. Local Action: Local Governing Body resolution or letter of support
5. Approval Authority: CTB approval §33.2- Transfer – From 1. Description: Takes place most often when 315.A Primary to Secondary a locality wants an existing road transferred

System or from from the Primary to the Secondary System Primary to Urban (no new related road construction takes System (Transfer not place). Also used when a road is related to new road transferred from the VDOT Primary to the construction) Urban system.

2. Local Action: Local Governing Body resolution or letter of support

3. Approval Authority: CTB approval Note: Total statewide non-construction §33.2-315.A transfers cannot exceed 150 miles per fiscal year §33.2- Transfer – From 1. Description: Transfer associated with the 315.B Primary to Secondary construction of a road(s) related to a Land System (Transfer Use, VDOT construction project, related to new road maintenance project, locally administered construction) project, etc.

4. Local Action: Local Governing Body resolution or letter of support

5. Approval Authority: VDOT Commissioner approval with Chief Engineer’s recommendation Note: There is no mileage limitation related to this type of construction associated transfer

86

[TABLE 86-1] §33.2-906 | Abandonment of Primary Route - With Replacement Road OR Related to a Construction or Maintenance Project | 1. Description: Abandonment to the Primary System involving the construction of a replacement road(s) which serves the same users as the abandoned road(s) OR an abandonment directly related to a construction or maintenance project without a replacement road (use of latter alternative must be approved by Chief Engineer)

2. Local action: Local Governing Body resolution or letter of support
3. Approval Authority: Chief of Policy has authority to approve via VDOT Commissioner delegation of authority §33.2-901 | Discontinuance of Primary Route | 1. Description: Discontinuance of a Primary Route (do not pursue §33.2-901 Primary discontinuances after October 2024)
4. Local Action: Local Governing Body resolution or letter of support
5. Approval Authority: CTB approval §33.2-315.A | Transfer – From Primary to Secondary System or from Primary to Urban System (Transfer not related to new road construction) | 1. Description: Takes place most often when a locality wants an existing road transferred from the Primary to the Secondary System (no new related road construction takes place). Also used when a road is transferred from the VDOT Primary to the Urban system.
6. Local Action: Local Governing Body resolution or letter of support
7. Approval Authority: CTB approval Note: Total statewide non-construction §33.2-315.A transfers cannot exceed 150 miles per fiscal year §33.2-315.B | Transfer – From Primary to Secondary System (Transfer related to new road construction) | 1. Description: Transfer associated with the construction of a road(s) related to a Land Use, VDOT construction project, maintenance project, locally administered project, etc.
8. Local Action: Local Governing Body resolution or letter of support
9. Approval Authority: VDOT Commissioner approval with Chief Engineer’s recommendation Note: There is no mileage limitation related to this type of construction associated transfer

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§33.2- Additions to State 1. Description: Additions to state park roads 311 Parks 2. Local Action: Department of Conservation and Recreation letter of request

3. Approval Authority: VDOT Commissioner approval

§33.2- Addition of Institutional 1. Description: Additions to state institutional 313 Roads (e.g. State roads such as state colleges, universities, university, prison) prisons, and psychiatric facilities

2. Local Action: Resolution or letter of request from the related Governing Board (e.g.

University Board, Department of Corrections)

3. Approval Authority: Office of Land Use Director or Highway Systems Program Manager via delegation from the Commissioner VDOT must submit all U.S. Highway and Interstate route changes to AASHTO and FHWA (for Interstates only) for final approval.

Secondary System

Code Description Requirements §33.2- Additions to Secondary 1. Description: Most Additions to Secondary 705 Route System including “No Cost” Rural Additions

2. Local Action: Local Governing Body resolution or letter of support
3. Approval Authority: Office of Land Use via delegation from the Commissioner §33.2- Abandonment of 1. Description: Abandonment of a Secondary 909 Secondary Route – Route when a replacement road is NOT Without Replacement built. Public notification process required.

Road 2. Local Action: Local Governing Body resolution, including Code-required public notice of intent to abandon as well as notification of abandonment action to

VDOT

3. Approval Authority/Official Response: Office of Land Use, via delegation from the Commissioner, accepts the abandonment Note: Locality notifies Department of Wildlife Resources if abandonment ends at water or affects a public boat landing

87

[TABLE 87-1] §33.2-311 | Additions to State Parks | 1. Description: Additions to state park roads

2. Local Action: Department of Conservation and Recreation letter of request
3. Approval Authority: VDOT Commissioner approval §33.2-313 | Addition of Institutional Roads (e.g. State university, prison) | 1. Description: Additions to state institutional roads such as state colleges, universities, prisons, and psychiatric facilities
4. Local Action: Resolution or letter of request from the related Governing Board (e.g.

University Board, Department of Corrections)

3. Approval Authority: Office of Land Use Director or Highway Systems Program Manager via delegation from the Commissioner

[/TABLE]

[TABLE 87-2] Secondary System | | Code | Description | Requirements §33.2-705 | Additions to Secondary Route | 1. Description: Most Additions to Secondary System including “No Cost” Rural Additions

2. Local Action: Local Governing Body resolution or letter of support
3. Approval Authority: Office of Land Use via delegation from the Commissioner §33.2-909 | Abandonment of Secondary Route – Without Replacement Road | 1. Description: Abandonment of a Secondary Route when a replacement road is NOT built. Public notification process required.
4. Local Action: Local Governing Body resolution, including Code-required public notice of intent to abandon as well as notification of abandonment action to

VDOT

3. Approval Authority/Official Response: Office of Land Use, via delegation from the Commissioner, accepts the abandonment Note: Locality notifies Department of Wildlife Resources if abandonment ends at water or affects a public boat landing

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§33.2- Abandonment of 1. Description: Abandonment of a Secondary 912 Secondary Route – Route involving the construction of a With Replacement replacement road(s) which serves the Road OR Related to same users as the abandoned road(s) OR VDOT Construction or an abandonment directly related to a Maintenance Project construction or maintenance project without

a replacement road (use of latter alternative must be approved by Chief Engineer)

2. Local Action: Local Governing Body resolution or letter of support
3. Approval Authority: Chief of Policy has authority to approve via VDOT Commissioner delegation of authority §33.2- Discontinuance – 1. Description: Discontinuance of a 908.B Secondary Secondary road when no replacement Discontinuance with No road(s) is constructed. Public notification road replacement process required. constructed 2. Local Action: Local Governing Board resolution
4. Approval Authority: CTB approval

§33.2- Discontinuance – 1. Description: Discontinuance to the 908.C Secondary Secondary system involving the Discontinuance with the construction of a replacement road(s) construction of a which serve the same users as the replacement road OR discontinued road(s) OR an abandonment related to a directly related to a construction or Construction or maintenance project without a replacement Maintenance Project road (use of latter alternative must be approved by Chief Engineer)

2. Local Action: Local Governing Body resolution or letter of support
3. Approval Authority: VDOT Commissioner §33.2- Transfer – From 1. Description: Transfer from the Secondary 314.A Secondary to Primary to the Primary system that is not related to System (Transfer not the construction of a new road(s) related to new road 2. Local Action: Local Governing Body

construction) resolution or letter of support

3. Approval Authority: CTB approval Note: Total statewide §33.2-314.A transfers cannot exceed 50 miles per fiscal year §33.2- Transfer – From 1. Description: Transfer from the Secondary 314.B Secondary to Primary to Primary system related to the System (Transfer construction of a road(s) related to new road 2. Local Action: Local Governing Body construction) resolution or letter of support
4. Approval Authority: VDOT Commissioner

88

[TABLE 88-1] §33.2-912 | Abandonment of Secondary Route – With Replacement Road OR Related to VDOT Construction or Maintenance Project | 1. Description: Abandonment of a Secondary Route involving the construction of a replacement road(s) which serves the same users as the abandoned road(s) OR an abandonment directly related to a construction or maintenance project without a replacement road (use of latter alternative must be approved by Chief Engineer)

2. Local Action: Local Governing Body resolution or letter of support
3. Approval Authority: Chief of Policy has authority to approve via VDOT Commissioner delegation of authority §33.2-908.B | Discontinuance – Secondary Discontinuance with No road replacement constructed | 1. Description: Discontinuance of a Secondary road when no replacement road(s) is constructed. Public notification process required.
4. Local Action: Local Governing Board resolution
5. Approval Authority: CTB approval §33.2-908.C | Discontinuance – Secondary Discontinuance with the construction of a replacement road OR related to a Construction or Maintenance Project | 1. Description: Discontinuance to the Secondary system involving the construction of a replacement road(s) which serve the same users as the discontinued road(s) OR an abandonment directly related to a construction or maintenance project without a replacement road (use of latter alternative must be approved by Chief Engineer)
6. Local Action: Local Governing Body resolution or letter of support
7. Approval Authority: VDOT Commissioner §33.2-314.A | Transfer – From Secondary to Primary System (Transfer not related to new road construction) | 1. Description: Transfer from the Secondary to the Primary system that is not related to the construction of a new road(s)
8. Local Action: Local Governing Body resolution or letter of support
9. Approval Authority: CTB approval Note: Total statewide §33.2-314.A transfers cannot exceed 50 miles per fiscal year §33.2-314.B | Transfer – From Secondary to Primary System (Transfer related to new road construction) | 1. Description: Transfer from the Secondary to Primary system related to the construction of a road(s)
10. Local Action: Local Governing Body resolution or letter of support
11. Approval Authority: VDOT Commissioner

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§33.2- Addition of Public 1. Description: Access road addition from an 325 School Roads – existing publicly maintained road to public Elementary, Middle and school buildings High School 2. Local Action: Local Governing Body resolution

3. Approval Authority: Office of Land Use via

delegation from the Commissioner §33.2- Rural Addition – 1. Description: A qualified Rural Addition 335 Requiring Funds for which requires funds to be improved to Improvements meet VDOT standards

2. Local Action: Local Governing Body resolution listing funding amounts and sources

3. Approval Authority: Office of Land Use via delegation from the Commissioner §33.2- Town Addition 1. Description: This type of Addition uses 339 (Population less than Secondary funds but does not need to 3,500) – Road does meet specific VDOT standards – any NOT need to meet design requirements are at the discretion of VDOT standards the RA/RE (see note below regarding mileage limitation)

4. Local Action: Local Governing Body resolution

5. Approval Authority: Office of Land Use via delegation from the Commissioner Notes: No more than ¼ mile per fiscal year per locality. A town operates either under 33.2-339 or 33.2-340 (it cannot use both). §33.2- Town Addition 1. Description: This type of Town Addition 340 (Population less than needs to meet the ROW and design 3,500) – Road must requirements of §33.2-340, but does not meet minimal standards have an annual mileage limit
6. Local Action: Local Governing Body resolution
7. Approval Authority: Office of Land Use via delegation from the Commissioner Note: A town operates either under 33.2-339

or 33.2-340 (it cannot use both).

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[TABLE 89-1] §33.2-325 | Addition of Public School Roads – Elementary, Middle and High School | 1. Description: Access road addition from an existing publicly maintained road to public school buildings

2. Local Action: Local Governing Body resolution
3. Approval Authority: Office of Land Use via delegation from the Commissioner §33.2-335 | Rural Addition – Requiring Funds for Improvements | 1. Description: A qualified Rural Addition which requires funds to be improved to meet VDOT standards
4. Local Action: Local Governing Body resolution listing funding amounts and sources
5. Approval Authority: Office of Land Use via delegation from the Commissioner §33.2-339 | Town Addition (Population less than 3,500) – Road does NOT need to meet VDOT standards | 1. Description: This type of Addition uses Secondary funds but does not need to meet specific VDOT standards – any design requirements are at the discretion of the RA/RE (see note below regarding mileage limitation)
6. Local Action: Local Governing Body resolution
7. Approval Authority: Office of Land Use via delegation from the Commissioner Notes: No more than ¼ mile per fiscal year per locality. A town operates either under 33.2-339 or 33.2-340 (it cannot use both). §33.2-340 | Town Addition (Population less than 3,500) – Road must meet minimal standards | 1. Description: This type of Town Addition needs to meet the ROW and design requirements of §33.2-340, but does not have an annual mileage limit
8. Local Action: Local Governing Body resolution
9. Approval Authority: Office of Land Use via delegation from the Commissioner Note: A town operates either under 33.2-339 or 33.2-340 (it cannot use both).

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b. History of the Secondary System of State Highways

Prior to the Byrd Road Act of 1932, commonly referred to as the “Byrd Act,” the administrative responsibility for local public roads was under the jurisdiction of the local governing body of each county. Before this legislation, the “Secondary system of state

highways” did not exist.

Under the Byrd Act, the General Assembly transferred the authority to maintain and control these local roads from the counties to the state, creating the Secondary system.

The exceptions to this legislation were those counties that elected to continue the maintenance of their county roads. The Byrd Act created the Secondary system of state highways and placed it under the jurisdiction of the Virginia Department of Transportation

(VDOT).

Arlington, Henrico, Elizabeth City, and Warwick Counties originally elected to continue to maintain their own local roads. Only Arlington and Henrico Counties continue to control non-Primary roads. Elizabeth City was annexed by the City of Hampton, and Warwick County was annexed by the City of Newport News.

The Byrd Act continued certain powers of the local governing bodies, including the powers to create or establish new public roads and the authority to extinguish the rights of the public to use certain public roads. For this reason, each element of the Secondary

system of state highways begins as a road developed with the local governing body’s acceptance of a road as part of the county’s local network of public roads. This is a prerequisite for any new local road to be accepted by VDOT for maintenance.

Through partnership between state and local governments, the local governing bodies retain certain legislative authorities while others are delegated to VDOT. Chief among these is the underlying basis of VDOT’s authority:

“The control, supervision, management and jurisdiction over the secondary system of state highways shall be vested in the Department of Transportation and the maintenance and improvement, including construction and reconstruction, of such secondary system of state highways shall be by the Commonwealth under the supervision of the Commonwealth Transportation Commissioner.” -- §33.2-326 of the Code of Virginia

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c. Commonwealth Transportation Board Highway System Change Process and Approval Documents

The most common VDOT highway system changes which require Commonwealth Transportation Board (CTB) approval are:

1. Section 33.2-314.A – Addition of a new Primary road or bypass
2. Section 33.2-902 – Abandonment of a Primary road without a corresponding replacement road
3. Section 33.2-901 – Discontinuance of a Primary route
4. Section 33.2-315.A – Transfer of a Primary to a Secondary route which is not related to new road construction and Primary to Urban system transfer
5. Section 33.2-908.B – Discontinuance of a Secondary road without a corresponding replacement road
6. Section 33.2-314.A – Transfer of a Secondary to a Primary route which is not related to new road construction

When VDOT staff is working with a locality on one of the above highway changes, the Office of Land Use needs to be informed about this as soon as possible. There are three

main reasons for this

7. There is a statutory time limit for the CTB to approve §33.2-902 abandonments. If this statutory time limit is not met, the entire highway system change process must be repeated from the beginning.
8. All action items to be placed on CTB agendas must be reviewed and approved by VDOT’s Governance Division. The Office of Land Use staff must draft the CTB resolution approving the action and a related CTB decision brief and can only create these documents after the complete highway assembly has been received.
9. Each month CTB items must meet deadlines to be placed on the Board’s next agenda. If this deadline is not met, the highway change must wait until the next CTB meeting.

Prior to the CTB meeting, the District or Residency is required to contact the district’s CTB member to discuss the action item(s). The purpose of this communication is to inform the member of the item, to provide the member the Residency’s recommendation, and to

answer any questions the member may have.

If you have any questions about a potential highway change that requires CTB approval, contact the Office of Land Use.

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d. Guidelines for Virtual Public Participation for Highway Changes

Certain highway system changes require public hearings to be offered or held. This is mandated by the Code of Virginia.

Beginning in 2020, VDOT Land Use staff was required to balance this public hearing requirement with state restrictions related to gatherings in response to the COVID-19

pandemic. As a result, Bristol District staff developed the approach below. This hybrid approach encourages virtual participation as the primary means for providing public comment, while providing alternatives for those citizens without the capability or resources for virtual participation. This document is also located on the Office of Land Use DOTi site for easier access.

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[TABLE 92-1] Certain highway system changes require public hearings to be offered or held. This is mandated by the Code of Virginia.

[/TABLE]

[TABLE 92-2] Beginning in 2020, VDOT Land Use staff was required to balance this public hearing requirement with state restrictions related to gatherings in response to the COVID-19 pandemic. As a result, Bristol District staff developed the approach below. This hybrid approach encourages virtual participation as the primary means for providing public comment, while providing alternatives for those citizens without the capability or resources for virtual participation. This document is also located on the Office of Land Use DOTi site for easier access.

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Highway Change Public Hearings with Virtual Meetings (continued)

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e. SSAR Refresher Section

Prior to 2009, VDOT administered the 2005 Subdivision Street Requirements (SSR). This regulation governed the addition of most Secondary streets not constructed by VDOT.

In 2007, the General Assembly enacted §33.2-334 which directed the CTB to develop acceptance requirements that would improve the connectivity of road and pedestrian

networks, minimize stormwater runoff and impervious surfaces, and update performance bonding and administrative cost recovery fees.

The first edition of this new regulation, titled the Secondary Street Acceptance Requirements (SSAR), was approved by the CTB in February 2009.

In 2011, following a period of poor economic activity, the 2011 General Assembly approved Chapter 870 which required the CTB to solicit public comments and revise the SSAR. As a result, the SSAR experienced a great deal of change and reduced a number of its previous requirements.

In 2022, the General Assembly enacted Chapter 425 to amend the SSAR so that it “shall include flexibility to limit the number of connections to adjacent property or highway networks as deemed appropriate.” This action directed VDOT to convene a stakeholder advisory group to make recommendations for regulatory amendments in response to the legislation. This group met during 2022 and 2023 to develop recommendations for

revisions. This group was composed of representatives from development industry, local government (including emergency services), environmental advocacy organizations, and VDOT staff.

The Chapter 425 revisions to the SSAR became effective on December 18, 2024. These changes include the following:

1. Clarify language associated with connectivity constraints by using “including but not limited to” as opposed to “such as” when listing reasons for connectivity exceptions
2. Add “underground utility trunk easement” as an explicit reason for approving a SSAR connectivity exception
3. New reason to approve SSAR connectivity exception: Each network addition of multi-phased development does not need to individually meet SSAR connectivity requirements if the original approved overall development meets SSAR connectivity requirements & the additional phase of the development

allowing the network addition to meet connectivity is under construction

4. Developer may ask the locality for its opinion regarding connectivity exception for Subsection #3.b; developer requests a written opinion from the locality to waive or modify the additional connections standard related to the allowable exceptions in 24VAC30-92-60 C.3.b for network additions with over 200 dwelling units or over 2,000 vehicles per day

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SSAR Refresher Section (continued)

SSAR Grandfathering

1. 2011 SSAR supersedes the 2005 SSR and the 2009 SSAR
2. Developments submitted prior to July 2009 may use the 2005 SSR
3. Developments submitted between July 1, 2009 and January 31, 2012 may use

either version of the SSAR

4. Plans submitted after January 2012 must use the 2011 SSAR
5. Grandfathered 2009 SSAR developments usually choose to use the 2011 SSAR requirements
6. Subdivision Street Design Guide: SSR developments use Appendix B while SSAR additions use Appendix B(1) of the VDOT Road Design Manual
7. See the Grandfathering section of the SSAR for details about specific types of plans, plats, and sketches. If you have any Grandfathering questions, please contact the Office of Land Use.

Some Major Requirements of the SSAR

8. Every network addition is required to have at least two vehicular access points – one must be a physical connection to a publicly maintained road and the second may be a SSAR defined stub out.
9. If only one connection is made (i.e. dead end or cul-de-sac streets), the District Administrator or Designee must have granted a SSAR connectivity exception for

the addition to be accepted into the VDOT system for maintenance.

3. Pedestrian accommodations are required for some developments and this is mainly based on median lot size.
4. Third party inspection can only be used for SSAR additions

SSAR Waivers (VA Administrative Code sections noted)

5. SSAR applicability may be waived by the Commissioner – Section VAC30-92-

20(C)

2. District Administrator may waive the connection to an existing, state maintained stub out if the connection will be “unsafe” – Section VAC30-92-60(C.1)
3. District Administrator’s Designee – Can waive/modify the “additional connections standard” if any of four situations makes the connection impracticable (not all VDOT Districts have these Designees) – Section VAC30-92-60(C.3)
4. Connectivity requirements for a network addition can be waived/modified by District Administrator’s Designee – Section VAC30-92-60(C.5)
5. Commissioner or his Designee (the Director of the Office of Land Use) can waive

surety and fees with extenuating circumstances beyond developer's control – Section VAC30-92-140

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f. Right-of-Way Types and Related Information

For VDOT’s purposes, there are three basic types of roads

1. Private Roads: Roads not open to public use, not publicly maintained, and exist only to serve abutting properties. The right of way associated with these routes is under private ownership and not administered by the locality or VDOT (e.g. gated

subdivisions).

2. Locality (or County) Roads: Roads dedicated to public use but are not part of the VDOT maintained systems. Examples are undeveloped subdivision streets, streets maintained by the locality or a private organization (i.e. homeowners’ association), and roads that do not meet VDOT’s public benefit requirements.

Right of Way associated with these streets is typically owned by the locality.

3. VDOT Roads: Roads that have been officially accepted as part of either the Primary or Secondary System of State Highways. Right of Way for VDOT roads can be owned by VDOT, the locality, another state agency (e.g. Department of Wildlife Resources or DCR), a state funded institution (e.g. DOC sites or public colleges & universities), or federal agency.

The right of way associated with VDOT maintained roads can typically be placed into one of four categories:

4. Prescriptive Easement: Right of way by prescription generally only applies to roads

accepted into the Secondary System as part of the 1932 Byrd Act. After the Byrd Act, localities were required to guarantee right of way for new additions by resolution. Ownership of prescriptive easement right of way is vested with the underlying fee simple owner(s) of record. VDOT only has an easement across property to maintain the road for public surface transportation use. The thirty feet width claimed by VDOT on prescriptive ROW is derived from statutory language contained in §33.2-105.

2. Dedicated Right of Way: Right of way dedicated to public use pursuant to §15.2-2265 is owned by the locality. When a locality requests VDOT maintenance on streets with dedicated right of way, it does not transfer the right of way ownership to VDOT, but rather transfers the regulatory and maintenance authority for the road to VDOT.
3. Deeded Right of Way: Fee simple right of way is owned by the locality or the Commonwealth by virtue of a deed recorded in the locality wherein the road lays.
4. Permanent Roadway Easement: Sometimes known as a “Federal Land Transfer/Highway Easement Deed,” is an easement for the highway on Federal

land. The Federal Agency continues to own the land, but VDOT has the right to construct and maintain the highway.

NOTE: For roads with prescriptive easement right of way, abandonment of such routes automatically extinguishes the easement. There is no formal document required for VDOT to relinquish the easement and return full use of the property to the underlying fee simple owner. For roads with dedicated or fee simple right of way, abandonment of such routes requires a subsequent real estate transaction by either VDOT or the locality to transfer ownership or any other property rights

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g. Local Comprehensive Street Construction Inspection Program

There are currently two Virginia counties which have agreements with VDOT to administer locality Secondary street inspection programs: Fairfax and Prince William.

The requirements of these programs shall be followed for the inspection and testing of Secondary streets intended to be accepted as part of the state system.

Because the county governments complete the related inspections, the one year surety is waived and the street inspection fee is reduced for street additions constructed in Fairfax and Prince William Counties.

h. Minimum Standards for Public School Roads

The addition of public school roads using §33.2-325 is discussed in Section 6(i) of this guide. Design standards for these roads must follow the requirements included within VDOT’s Road Design Manual and Subdivision Street Design Guide.

The table below provides geometric design standards for school bus routes. For additional guidance on school bus route design refer to the VDOT Road Design Manual’s Subdivision Street Design Guide.

GEOMETRIC DESIGN STANDARDS FOR SCHOOL BUS ACCESS ROADS

ONE WAY SHOULDER & DITCH SECTION CURB & GUTTER SECTION

PAVEMENT WIDTH 15 FEET 15 FEET

SHOULDER WIDTH 2 FEET EACH SIDE (1) N/A

PARKING PROHIBITED PERMITTED (2)

MINIMUM TURNING RADIUS 45 FEET 45 FEET

TWO WAY SHOULDER & DITCH SECTION CURB & GUTTER SECTION

PAVEMENT WIDTH 24 FEET 24 FEET

SHOULDER WIDTH 6 FEET EACH SIDE (1) N/A

PARKING PROHIBITED PERMITTED (2)

MINIMUM TURNING RADIUS 45 FEET 45 FEET (1): If guardrail is required, increase shoulder width by 4 feet. (2): Parking lanes are 7 feet wide minimum and include the gutter pan width in curb & gutter sections.

NOTE: The gutter pan is not considered a portion of the travelway, but is a portion of any parking lanes

97

[TABLE 97-1]

GEOMETRIC DESIGN STANDARDS FOR SCHOOL BUS ACCESS ROADS | |

ONE WAY | SHOULDER & DITCH SECTION | CURB & GUTTER SECTION

PAVEMENT WIDTH | 15 FEET | 15 FEET

SHOULDER WIDTH | 2 FEET EACH SIDE (1) | N/A

PARKING | PROHIBITED | PERMITTED (2)

MINIMUM TURNING RADIUS | 45 FEET | 45 FEET

TWO WAY | SHOULDER & DITCH SECTION | CURB & GUTTER SECTION

PAVEMENT WIDTH | 24 FEET | 24 FEET

SHOULDER WIDTH | 6 FEET EACH SIDE (1) | N/A

PARKING | PROHIBITED | PERMITTED (2)

MINIMUM TURNING RADIUS | 45 FEET | 45 FEET (1): If guardrail is required, increase shoulder width by 4 feet. | | (2): Parking lanes are 7 feet wide minimum and include the gutter pan width in curb & gutter sections. | | NOTE: The gutter pan is not considered a portion of the travelway, but is a portion of any parking lanes | |

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i. Special Measurements

Roundabouts

The design standards for the construction of roundabouts to be maintained by VDOT are contained within Appendix F of the Road Design Manual. How to correctly measure centerline mileage in a new roundabout to be added to the Secondary system is described below.

Centerline mileage for a roundabout should be measured to the geometric center of the roundabout as opposed to the circumference of the roundabout alignment.

Roundabout Measurement

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Special Measurements (continued)

Standard Cul-De-Sacs: The length should be measured along the centerline of the roadway from the nearest intersection to the geometric center of the cul-de-sac plus the cul-de-sac pavement radius. (i.e. L1 + L2)

Standard Cul-De-Sac Measurement

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Special Measurements (continued)

Offset (Bulb) Cul-De-Sacs: The length should be measured along the roadway centerline from the nearest intersection to the Point of Offset (L1), plus the offset distance from the roadway centerline to the geometric center of the cul-de-sac (L2), plus the cul-de-sac pavement radius (L3).

Offset (Bulb) Cul-De-Sac Measurement

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Special Measurements (continued)

Cul-De-Sacs With a Center Island: The length should be measured along the roadway centerline from the nearest intersection to a point where the roadway centerline intersects with the cul-de-sac centerline (L1) plus the centerline circumference of the cul-de-sac (L2).

CUL-DE-SAC WITH CENTER ISLAND MEASUREMENT

NOTE: In this example, traffic is bi-directional. However, traffic may be bi-directional or one-way for this type of cul-de-sac. This directional detail needs to be denoted when

entering the segment data into RIMS. When entering the route data into RIMS, separate PI’s are entered for the road leading to the cul-de-sac and for the cul-de-sac itself.

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j. Towns Governed by §33.2-339 and §33.2-340 for Additions

Incorporated towns with populations under 3,500 can add streets to the Secondary

system using §33.2-339 or §33.2-340. Towns selected which of these Code sections should be used for related additions.

The following are the current lists of towns operating pursuant to §33.2-339 and §33.2-340. In the event a town requests to change its Code section designation for Secondary additions, please contact the Office of Land Use. These requests require the approval of the CTB.

Towns Adding Roads using §33.2-339

1. Accomack – Accomack County, Hampton Roads District
2. Alberta – Brunswick County, Richmond District
3. Amherst – Amherst County, Lynchburg District
4. Appomattox – Appomattox County, Lynchburg District
5. Belle Haven – Accomack and Northampton Counties, Hampton Roads District
6. Bloxom – Accomack County, Hampton Roads District

7. Boones Mill – Franklin County, Salem District

8. Bowling Green – Caroline County, Fredericksburg District

9. Boyce – Clarke County, Staunton District 10. Boydton – Mecklenburg County, Richmond District 11. Boykins – Southampton County, Hampton Roads District 12. Branchville – Southampton County, Hampton Roads District 13. Capron – Southampton County, Hampton Roads District 14. Charlotte – Charlotte County, Lynchburg District 15. Cheriton – Northampton County, Hampton Roads District 16. Claremont – Surry County, Hampton Roads District 17. Clarksville – Mecklenburg County, Hampton Roads District 18. Cleveland – Russell County, Bristol District 19. Clifton – Fairfax County, NOVA District 20. Clinchport – Scott County, Bristol District 21. Clintwood – Dickenson County, Bristol District 22. Clover – Halifax County, Lynchburg District 23. Coeburn – Wise County, Bristol District 24. Columbia – Fluvanna County, Culpeper District

10. Courtland – Southampton County, Hampton Roads District 26. Dayton – Rockingham County, Staunton District 27. Dendron – Surry County, Hampton Roads District 28. Dillwyn – Buckingham County, Lynchburg District 29. Drakes Branch – Charlotte County, Lynchburg District 30. Dungannon – Scott County, Bristol District 31. Eastville – Northampton County, Hampton Roads District 32. Edinburg – Shenandoah County, Staunton District 33. Exmore – Northampton County, Hampton Roads District

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Towns Adding Roads using §33.2-339 (continued)

34. Fincastle – Botetourt County, Salem District 35. Floyd – Floyd County, Salem District 36. Fries – Grayson County, Bristol District 37. Gate City – Scott County, Bristol District 38. Glade Spring – Washington County, Bristol District

35. Glen Lyn – Giles County, Salem District 40. Gordonsville – Orange County, Culpeper District 41. Goshen – Rockbridge County, Staunton District 42. Gretna – Pittsylvania County, Lynchburg District 43. Grundy – Buchanan County, Bristol District 44. Halifax – Halifax County, Lynchburg District 45. Hallwood – Accomack County, Hampton Roads District 46. Hamilton – Loudoun County, NOVA District 47. Haymarket – Prince William County, NOVA District 48. Haysi – Dickenson County, Bristol District 49. Duffield – Scott County, Bristol District 50. Hillsboro – Loudoun County, NOVA District 51. Hillsville – Carroll County, Salem District 52. Honaker – Russell County, Bristol District 53. Independence – Grayson County, Bristol District 54. Iron Gate – Alleghany County, Staunton District

36. Irvington – Lancaster County, Fredericksburg District 56. Ivor – Southampton County, Hampton Roads District 57. Jarratt – Greensville and Sussex Counties, Hampton Roads District 58. Jonesville – Lee County, Bristol District 59. Keller – Accomack County, Hampton Roads District 60. Kenbridge – Lunenburg County, Richmond District 61. Keysville – Charlotte County, Lynchburg District 62. Kilmarnock – Lancaster and Northampton Counties, Fredericksburg District 63. LaCrosse – Mecklenburg County, Richmond District 64. Lawrenceville – Brunswick County, Richmond District 65. Louisa – Louisa County, Culpeper District 66. Lovettsville – Loudoun County, NOVA District 67. Madison – Madison County, Culpeper District 68. McKenney – Dinwiddie County, Richmond District 69. Melfa – Accomack County, Hampton Roads District 70. Middleburg – Loudoun County, NOVA District

37. Middletown – Frederick County, Staunton District 72. Mineral – Louisa County, Culpeper District 73. Monterey – Highland County, Staunton District 74. Montross – Westmoreland County, Fredericksburg District 75. Mount Crawford – Rockingham County, Staunton District 76. Mount Jackson – Shenandoah County, Staunton District 77. Nassawadox – Northampton County, Fredericksburg District 78. New Castle – Craig County, Salem District

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Towns Adding Roads using §33.2-339 (continued)

79. New Market – Shenandoah County, Staunton District 80. Newsoms – Southampton County, Hampton Roads District 81. Nickelsville – Scott County, Bristol District 82. Occoquan – Prince William County, NOVA District 83. Onancock – Accomack County, Hampton Roads District

80. Onley – Accomack County, Hampton Roads District 85. Painter – Accomack County, Hampton Roads District 86. Pamplin City – Appomattox and Prince Edward Counties, Lynchburg District 87. Parksley – Accomack County, Hampton Roads District 88. Pembroke – Giles County, Salem District 89. Pennington Gap – Lee County, Bristol District 90. Phenix – Charlotte County, Lynchburg District 91. Pocahontas – Tazewell County, Bristol District 92. Port Royal – Caroline County, Fredericksburg District 93. Pound – Wise County, Bristol District 94. Quantico – Prince William County, NOVA District 95. Remington – Fauquier County, Culpeper District 96. Rich Creek – Giles County, Salem District 97. Ridgeway – Henry County, Salem District 98. Round Hill – Loudoun County, NOVA District 99. Rural Retreat – Wythe County, Bristol District

81. Saint Charles – Lee County, Bristol District 101. Saint Paul – Russell and Wise Counties, Bristol District 102. Saxis – Accomack County, Hampton Roads District 103. Scottsburg – Halifax County, Lynchburg District 104. Scottsville – Albemarle and Fluvanna Counties, Culpeper District 105. Shenandoah – Page County, Staunton District 106. Stanardsville – Greene County, Culpeper District 107. Stanley – Page County, Staunton District 108. Stephens City – Frederick County, Staunton District 109. Stoney Creek – Sussex County, Hampton Roads District 110. Stuart – Patrick County, Salem County 111. Surry – Surry County, Hampton Roads District 112. Tangier – Accomack County, Hampton Roads District 113. Tappahannock – Essex County, Fredericksburg District 114. The Plains – Fauquier County, Culpeper District 115. Timberville – Rockingham County, Staunton District

82. Urbanna – Middlesex County, Fredericksburg District 117. Wachapreaque – Accomack County, Hampton Roads District 118. Wakefield – Sussex County, Hampton Roads District 119. Warsaw – Richmond County, Fredericksburg District 120. Washington – Rappahannock County, Culpeper District 121. Waverly – Sussex County, Hampton Roads District 122. Webber City – Scott County, Bristol District

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Towns Adding Roads using §33.2-339 (continued)

123. West Point – King William County, Fredericksburg District 124. White Stone – Lancaster County, Fredericksburg District 125. Windsor – Isle of Wight County, Hampton Roads District

Towns Adding Roads using §33.2-340

126. Appalachia – Wise County, Bristol District
127. Cape Charles – Northampton County, Hampton Roads District
128. Cedar Bluff – Tazewell County, Bristol District
129. Chatham – Pittsylvania County, Lynchburg District
130. Chilhowie – Smyth County, Bristol District
131. Craigsville – Augusta County, Staunton District
132. Crewe – Nottoway County, Richmond District
133. Damascus – Washington County, Bristol District
134. Glasgow – Rockbridge County, Staunton District 10. Hurt – Pittsylvania County, Lynchburg District 11. Victoria – Lunenburg County, Richmond District

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k. Locality Resolutions and Letters of Support

Highway system changes require a resolution or a letter of support from the local governing body or state institution in order to be completed. The Office of Land Use DOTi page that includes these document templates in Word format so they can be edited for a

specific highway change. If a specific resolution is needed and is not included on this site, please contact the Office of Land Use.

Highway system change assemblies may include more than one type of change. When this occurs, the changes should generally be addressed in the resolution or letter of support in the following order:

• Abandonments
• Discontinuances
• Transfers

• Renumbering

• Additions

In 2018, the Office of Land Use received approval from the VDOT Chief of Policy to use a letter of support instead of a traditional resolution in certain situations. This letter of support is also included on the OLU DOTi page.

The guidelines for using the letter of support are

• For VDOT Projects Only (including LAP’s with VDOT Project and UPC numbers which meet the requirements below)
• Related ROW must be owned by VDOT or the Commonwealth

• Not to be used for SSAR, SSR, or Rural Additions

• VDOT Project Secondary street construction must have been completed on or after July 1, 2011 (this requirement does not apply to Primary changes).

If VDOT staff has any questions about the use of the letter of support, please contact the Office of Land Use.

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l. SSAR and SSR Sureties and Fees

A developer must guarantee the quality of construction and the performance of streets intended for VDOT acceptance. The developer must follow all of VDOT’s construction and inspection procedures in order for newly constructed streets to be accepted into the

Secondary system (the individual sections of this Guide describe the types of street addition requirements and whether or not surety and fees must be paid to VDOT).

Note: Because Fairfax and Prince William Counties administer comprehensive Street Construction Inspection Programs, additions in these localities do not require sureties.

SSAR Added Streets - The developer will provide the following for roads added that are governed by the SSAR:

1. Surety to warranty proper construction of the street - $3,000 for each tenth of a lane mile and any portion thereafter
2. Street Inspection Fee – To fund VDOT’s direct costs to inspect the new street for acceptance: a. Base rate of $250 per addition, regardless of street length b. Plus $125 per tenth of a centerline mile or portion thereafter
3. Street Inspection Fees for Fairfax and Prince William Counties, Third Party

Inspected Projects, and developments using VDOT’s Comprehensive Street Construction Inspection Program option – Reduced by 75% of standard Street Inspection Fee

4. Administrative Cost Recovery Fee – To recover the review and acceptance processing costs related to the development: a. Base rate of $500 per addition regardless of street length b. Plus $250 per tenth of a centerline mile or any portion thereafter

SSR Added Streets - The developer will provide the following for roads added governed by the SSR:

1. Surety to warranty proper construction of the street - $2,000 for each tenth of a lane mile and any portion thereafter
2. Maintenance Fee - $150 per lane per tenth mile or portion thereof

3. Maintenance Fees for Fairfax and Prince William Counties – 50% of standard base fee

4. Administrative Cost Recovery Fee – The “prevailing fee” within SSAR a. Base rate of $500 per addition regardless of street length b. Plus $250 per tenth of a centerline mile or any portion thereafter

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SSAR and SSR Sureties and Fees (continued)

Forms of Surety - Acceptable forms of surety include the following

1. Performance Bond – Held by VDOT Residency until expiration
2. Cash Deposit – Held and deposited by VDOT, but does not accrue interest
3. Certified Cashier’s Check – Held by and deposited by VDOT, but does not

accrue interest

4. Irrevocable Letter of Credit – Original held by VDOT’s Fiscal Division until expiration
5. Third Party Escrow Account – Executed by VDOT until expiration. Under no circumstances shall VDOT, the Commonwealth, or any other state agency be named the escrow agent.
6. Other surety mutually acceptable to VDOT and the developer

Locality Guarantee of Surety: Instead of a traditional surety, a locality can guarantee the performance of new roads through language in its acceptance resolution. This resolution text can be used in lieu of surety provided by a developer when they are incapable of providing surety or when the locality is the developer of SSR/SSAR street additions. The local governing body becomes financially responsible for the performance of the streets in such cases.

Please contact the Office of Land Use if you have questions about the use of this resolution.

Surety Expiration Dates & RIMS System: When VDOT staff enter an addition assembly in RIMS, they will enter the locality’s resolution date and RIMS will calculate a “Recommended Expiration Date”. This recommended expiration date is the locality’s resolution date, plus one year and one month.

This recommended expiration date is shown in the RIMS data field, but it must be entered and finalized by the Residency.

If there is a need to extend the surety expiration date, the Residency can amend this date at any time before the assembly is submitted to the Office of Land Use. After the assembly has been received by the Office of Land Use, this change to surety expiration date can only be completed by the Office of Land Use or the RIMU Section of the Maintenance Division (depending on which Division it is assigned to in RIMS). The HSC assembly can also be reassigned to the ICR author for revision to the surety date and

resubmittal.

If Residency or District staff needs to extend the surety expiration date based on the final street inspections, the Residency must contact the RIMU Section. The RIMU Section will reopen the HSC assembly and change the surety expiration date. It is the responsibility of the developer to contact the financial institution to officially extend the surety expiration date and to provide VDOT a copy of the revised surety document.

108

[TABLE 108-1] This recommended expiration date is shown in the RIMS data field, but it must be entered and finalized by the Residency.

If there is a need to extend the surety expiration date, the Residency can amend this date at any time before the assembly is submitted to the Office of Land Use. After the assembly has been received by the Office of Land Use, this change to surety expiration date can only be completed by the Office of Land Use or the RIMU Section of the Maintenance Division (depending on which Division it is assigned to in RIMS). The HSC assembly can also be reassigned to the ICR author for revision to the surety date and resubmittal.

If Residency or District staff needs to extend the surety expiration date based on the final street inspections, the Residency must contact the RIMU Section. The RIMU Section will reopen the HSC assembly and change the surety expiration date. It is the responsibility of the developer to contact the financial institution to officially extend the surety expiration date and to provide VDOT a copy of the revised surety document.

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VDOT Surety and Fee Requirements

Surety and fees are NOT required for

1. VDOT Projects

2. Any project that is funded all or partially by CTB approved allocations

3. Town additions related to §33.2-339
4. Institutional roads – §33.2-313
5. State Park roads – §33.2-311
6. No Cost Rural Additions – §33.2-705
7. Cost Rural Additions – §33.2-335
8. Public School roads – §33.2-325
9. Economic Development Access project additions (Industrial Access & Airport Access Programs were merged with this program as a part of §33.2-1509) 10. Recreational access road additions – §33.2-1510

Surety and fees are required for

1. Developer built projects – SSAR & SSR additions
2. Town additions related to §33.2-340
3. Locally administered projects which did not receive any CTB allocated funds

No surety is required for (Fees are required)

1. Fairfax and Prince William County additions (these counties have their own inspection programs and developer projects do not need to pay sureties)
2. Additions for which the local governing body guarantees the quality of the road(s) in the approved resolution (in lieu of conventional surety)

109

[TABLE 109-1] VDOT Surety and Fee Requirements | | Surety and fees are NOT required for: | | | 1. VDOT Projects | | 2. Any project that is funded all or partially by CTB approved allocations | | 3. Town additions related to §33.2-339 | | 4. Institutional roads – §33.2-313 | | 5. State Park roads – §33.2-311 | | 6. No Cost Rural Additions – §33.2-705 | | 7. Cost Rural Additions – §33.2-335 | | 8. Public School roads – §33.2-325 | | 9. Economic Development Access project additions (Industrial Access & Airport | | Access Programs were merged with this program as a part of §33.2-1509) | | 10. Recreational access road additions – §33.2-1510 | Surety and fees are required for: | | | | 1. Developer built projects – SSAR & SSR additions | | 2. Town additions related to §33.2-340 | | 3. Locally administered projects which did not receive any CTB allocated funds

[/TABLE]

[TABLE 109-2] No surety is required for (Fees are required): | | 1. Fairfax and Prince William County additions (these counties have their own | inspection programs and developer projects do not need to pay sureties) | 2. Additions for which the local governing body guarantees the quality | of the road(s) in the approved resolution (in lieu of conventional surety)

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m. Agreements

Some additions to the state’s system of highways require a legal agreement as part of acceptance. Common agreements with relation to street additions are related to subordination of rights, quitclaims, stormwater management, pedestrian accommodations outside of the ROW, dam crossings, and grade separation structures.

The Office of Land Use has a DOTi page that includes most of these agreement document templates in Word format so they can be edited for specific situation.

Most agreements require endorsement by the company and County prior to submission to the Residency. All signatures must be notarized. When an agreement is required for a street addition, the Residency or District should send three (3) originals of the agreement to the Office of Land Use for review, signature, and notarization. Any agreements must be in place before the development’s streets can be added to the state system.

Upon final signature of the agreement, an electronic version of the executed agreement is sent to VDOT Residency or District staff. The Office of Land Use retains one original agreement, and the remaining originals are returned to the Residency or District. One original agreement must then be recorded at the locality’s courthouse.

If a utility removes facilities from an easement that was in place prior to the right-of-way dedication, the utility may vacate their easement when no facilities remain in the easement. A copy of the vacation document should be submitted to VDOT for review prior to the recordation, and should include language that no facilities remain in the easement.

If you need a specific agreement which is not included on the above site, please contact the Office of Land Use.

SSAR and SSR Required Agreements The SSAR and SSR regulations contain specific language which require an agreement in certain situations for Secondary additions. The review and approval of such agreements are a legal requirement for street acceptance. Within the current SSAR, sections which specify the requirement of legally completed agreements include administrative procedures (street acceptance), phased development of streets, design, and agreement requirements.

Some examples of SSAR and SSR required agreements include documents for stormwater management, pedestrian accommodations, dams, grade separation structures, special pavement surfaces, and subordination of rights for existing easement holders.

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Agreements (continued)

The use of the term “agreement” in the SSAR and the SSR is meant to be used as the appropriate type of agreement in a given situation.

These agreements are frequently required because an easement which crosses a proposed VDOT road can be an encumbrance and prevents the locality from

guaranteeing an unencumbered and unrestricted right of way as is required by regulation.

Examples of these agreements can be found on the Office of Land Use DOTi site.

Subordination of Rights Versus Quitclaims Subordination of Rights (SOR) and quitclaims are alternative methods to provide an unencumbered and unrestricted right-of-way. While it is important for VDOT Land Use staff to determine if a SOR or quitclaim is the most appropriate or correct approach for a given situation, it is up to the utility to determine whether they use the SOR agreement or a quitclaim. If the existing easement is for utilities that only serve the property owners adjacent to the road proposed for acceptance, a quitclaim is a reasonable approach, as the abandonment of the road generally means that the customers served by the utility easement are also gone. For utilities that provide service beyond the immediate area, a SOR agreement is usually best, as abandonment or vacation of the road does not impact the need for the utility (and hence, the easement).

For easements that cross right of way to be accepted by VDOT, a public utility owner will

enter into either a SOR agreement with VDOT or quitclaim its prior rights within the right-of-way to the Commonwealth in exchange for a land use permit (LUP-IPP) for in-place utilities. The utility may continue to occupy such street in its existing condition and location. The public utility owner shall be responsible for the utility and resulting damages to persons and property that might result from the presence of the utility.

A quitclaim deed extinguishes all of the utility easement holder’s interest in the subject property and is used when there is no need to keep a subordinated easement in place. The easement is extinguished, and in exchange, VDOT provides a Land Use Permit for the utility to remain in place within the right-of-way. The Land Use Permit remains in effect until VDOT or the permittee needs to remove or relocate the utility. Although VDOT is not a named third party on a quitclaim deed, it is recommended that quitclaim deeds be submitted to VDOT for review prior to recordation to ensure the correct language has been used.

A SOR agreement subordinates a utility’s easement in a particular parcel of land to

VDOT’s (or the locality’s) rights in that land. This agreement is often used when there is a utility easement crossing a ROW that is to become part of the state’s Secondary system, but the ROW is owned by a locality rather than VDOT. As a condition of acceptance into the Secondary system, VDOT requires utilities to subordinate their easement rights to VDOT in order to provide a clear and unencumbered right of way. The SOR agreement requires endorsement by the local authority prior to being submitted to VDOT for processing.

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Agreements (continued)

A SOR agreement is generally used for all petrochemical product transmission or distribution lines or gas pipelines that cross the right-of-way for new streets. The utility company will need the pipeline easement to remain in place if the ROW is ever abandoned.

Whenever a SOR agreement is used, the utility must obtain a Land Use Permit for its existing in-place facilities and a separate Land Use Permit for future maintenance and installation of service connections. The utility easement being subordinated is not extinguished and remains in place, but subordinated to VDOT’s rights. The agreement provides that if the ROW is ever abandoned, the subordinated easement is restored to its original primary position. If the ROW is discontinued, the easement is still subordinate to the locality’s rights to operate and maintain the road.

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n. RIMS System and HSC Assemblies

The Roadway Inventory Management System (RIMS) is administered by VDOT’s Maintenance Division. This is the system that inventories official state mileages for all VDOT maintained routes. This is also the system which coordinates highway system changes with the agency’s RNS (Roadway Network System) mapping system. Every HSC assembly entered into RIMS is assigned an Inventory Change Record (ICR) number

for tracking purposes.

The Maintenance Division has created the “RIMS Field User Training Guide” which can be found at the RIMS site. Once at the RIMS page, go to “Support” and then “Training Document” to access this guide.

Highway system change assemblies submitted to the Office of Land Use should include the following components when applicable and preferably be contained in one PDF document:

1. Form AM-4.0 – Cover sheet describing assembly location, type, resolution date, Code section(s), surety used, fees, SSAR/SSR, and ICR number
2. Surety Type – Copy of Surety used or original Letter of Credit
3. Surety Addendum
4. Fees – Copy of all fee checks

5. Form AM-4.1 – Code section(s) used and assembly checklist

6. Form AM-4.2 – Description of each highway system change (one page per segment, including the segment’s Public Service Requirement). An individual segment is designated as a Proposed Inventory (PI) when entering an HSC assembly in RIMS.

7. Local Governing Body Resolution – Including correct Code section(s)
8. Form AM-4.3 – Listing of all Secondary local Board requested changes and signed by locality official
9. Any related Agreements (i.e. Stormwater Detention) 10. VDOT Abandonment and Discontinuance Confirmation Form (only when abandonments and/or discontinuances are involved) 11. Sketch of Street Assembly – Connection to current VDOT road(s), all street segments to be added/abandon, route numbers, street segment lengths, and distance to adjacent, current VDOT roads

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o. Data Corrections

VDOT completes data corrections most often when there was a small error or there was missing information related to a highway change assembly. There is no locality or CTB action required to complete a data correction. Data corrections are completed with RIMS actions between Residencies, the Office of Land Use, and the VDOT Maintenance

Division. Examples of required data corrections include

• Mileage related to an original highway change was found to be incorrect (check with Office of Land use to determine if a data correction can be used)
• Route number was entered incorrectly in original assembly
• Route re-numbering which does NOT require a system transfer
• Significant non-centerline mileage changes to the roadway typical section (e.g. 2 to 4 lanes, widening, change in surface type, addition of auxiliary lanes, addition of curb & gutter, etc.)

VDOT has used two different working definitions for the term "Data Correction" in the past. This section and the following section will clarify these definitions moving forward.

This section includes the description above referring to minor administrative changes in centerline miles to VDOT maintained roads that do not require legal actions. Data corrections should be entered in RIMS to correct mileage on existing VDOT roads that usually only have one intersection to intersection segment (e.g. cul-de-sac or stub out streets).

The following section refers to mileage measurements on existing VDOT roads between the intersections of new additions and the nearest existing VDOT street intersections. These measurements between new VDOT street intersections and existing VDOT intersections are commonly referred to as "mileage splits" and are used to identify the physical location of newly constructed roads.

Data corrections involve the administrative correction or revision of an existing highway inventory, but do not involve the addition, deletion, or transfer of centerline mileage. Data corrections do not require formal action on the part of the CTB or the locality. A data

correction can never be used as a substitute for what should be an individual, legal highway system change (e.g. addition, abandonment).

If VDOT staff has questions if a data correction is the proper action to correct a previous highway system change, please contact the Office of Land Use.

114

[TABLE 114-1] VDOT has used two different working definitions for the term "Data Correction" in the past. This section and the following section will clarify these definitions moving forward.

[/TABLE]

[TABLE 114-2] This section includes the description above referring to minor administrative changes in centerline miles to VDOT maintained roads that do not require legal actions. Data corrections should be entered in RIMS to correct mileage on existing VDOT roads that usually only have one intersection to intersection segment (e.g. cul-de-sac or stub out streets).

[/TABLE]

[TABLE 114-3] The following section refers to mileage measurements on existing VDOT roads between the intersections of new additions and the nearest existing VDOT street intersections. These measurements between new VDOT street intersections and existing VDOT intersections are commonly referred to as "mileage splits" and are used to identify the physical location of newly constructed roads.

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p. Length Corrections in RIMS

“Length Correction” is now the official term that will be used for what Land Use staff has referred to in the past as a “mileage split.”

Length Corrections are necessary to ensure that the location of all new intersections of

VDOT roads are accurately incorporated into RIMS and the RNS mapping system. For this reason, it is important to include Length Correction measurements for all new intersections with existing VDOT roads.

Example of Length Correction Measurement

In the example below, the Length Correction measurement is used to correctly locate the intersection of new Route 1000 and existing Route 600 (Node A) along the Route 600 alignment. The intersection is located 0.35 miles from the intersection of Route 600 and Route 700 (Node C), and 0.33 miles from the intersection of Route 600 and Route 800 (Node D).

115

[TABLE 115-1] “Length Correction” is now the official term that will be used for what Land Use staff has referred to in the past as a “mileage split.”

[/TABLE]

[TABLE 115-2] Length Corrections are necessary to ensure that the location of all new intersections of VDOT roads are accurately incorporated into RIMS and the RNS mapping system. For this reason, it is important to include Length Correction measurements for all new intersections with existing VDOT roads.

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q. Highway System Change Sketch Standards and Examples

When the Maintenance Division completes its changes to the RIMS system, examples of HSC assemblies with instructional notes will be included in this section.

Highway System Sketch Standards

Sections or road(s) affected by the highway system change(s) must be clearly defined on the sketch. Color coding, while informative and encouraged, is not sufficient in itself.

Named segments, with end point designations is the required format. Attached drawings are acceptable provided they are sufficiently detailed to find termini locations in the field without the aid of a survey crew. The resolution attachment Form AM-4.3 (generated by RIMS when the highway system change assembly is entered) that is incorporated into the locality resolution provides the written legal description of the highway system changes, and the HSC sketch needs to coincide with the resolution attachment.

Changes to the system apply to the full limits of the right-of-way, based upon the centerline length of the roadway measured between readily distinguishable termini identifiable in the field. Examples of acceptable street segment descriptions are: Route 600, 0.50 mile east of Route 600, or cul-de-sac. VDOT’s Roadway Inventory Management System (RIMS) uses a link-node system to inventory streets, whereby nodes are the defined termini for a roadway segment, and a link is the segment of road between two nodes.

If color coding is being used for the sketch, the following standard color scheme should be used:

• Blue – Abandonments/Vacations
• Red – Additions
• Yellow – Discontinuances

• Orange – Transfers

• Green – Data Corrections (including re-numbering) and Length Corrections

• Black – Existing routes

Minimum Elements of a Highway System Change Sketch: The following is the minimum information that must be included on any highway system change sketch:

• VDOT district, residency, & county

• Route number(s)

• VDOT project number/UPC or proposed action [e.g. Project 0600-083-101, C501 (UPC 12345), Beverly Hills Subdivision, or Route 600 Abandonment]

• Nodes/segments clearly defined
• Segment lengths listed
• Distance from nearest intersection involving VDOT maintained routes

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HSC Sketch Standards and Examples (continued)

Highway System Change Sketch Examples VDOT Projects

Main Components

• Include legend with VDOT Project identification, locality, color codes for highway changes, and date created
• Table should include route numbers, each highway system change being requested, segment letters, node/segment identifications, and individual segment lengths
• All roads which have proposed highway changes including segment letters and route numbers

• All connecting VDOT maintained roads including segment letters and route numbers for length corrections/Data Corrections

• VDOT structures and related identification numbers if applicable

• North arrow

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HSC Sketch Standards and Examples (continued)

Highway System Change Sketch Examples Subdivision Sketches

The example below contains the required components of a subdivision addition sketch.

The software or the format used does not matter as long as the sketch contains the correct

information, is neat, and can be easily read.

Main Components

• Name of development and locality

• All new roads proposed to be added to VDOT system including route numbers, road names, and length of each segment

• All connecting roads currently in the VDOT system and route numbers
• SSAR defined stub out street locations identified
• Length corrections (i.e. mileage splits) identified and related distances
• North arrow

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HSC Sketch Standards and Examples (continued)

Example of Sketch Involving Multiple Localities

The sketch below shows a VDOT Project that involves two localities, a water crossing, multiple types of highway changes, the abandonment and addition of bridges, and length corrections corresponding to both localities.

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HSC Sketch Standards and Examples (continued)

Provisions Regarding Right-of-Way for Turnarounds

It is important for VDOT staff to recognize the nature of the right-of-way secured for

turnarounds on new additions. It is especially important in situations where turnarounds are temporary, and there is reasonable expectation for extension of the road(s). In such cases, preservation of the through or normal right of way width is necessary for extension of the road while at the same time releasing the surplus portions of the turnaround right of way for conveyance to the abutting landowner(s) once the road is extended.

Determining whether the right of way for turnarounds is established as fee right of way or a temporary easement is essential in this process.

Turnaround Example Sketch

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HSC Sketch Standards and Examples (continued)

Fee Right of Way for Turnarounds If the hatched area(s) as shown on the example sketch is dedicated to the locality as fee right of way, the right of way may be altered or vacated by the locality pursuant to §15.2-2006 once the street has been extended. The locality should consult with the VDOT Residency prior to initiating any such alteration or vacation to ensure that the area(s) are

no longer needed for maintenance of the roadway or related drainage structures.

Subsequent to the alteration or vacation of the hatched areas, the locality may convey them to the abutting landowner(s) pursuant to §15.2-2008. However, these code sections may not be the only applicable statutes that the locality may use for disposal of surplus right of way, and provisions of local subdivision ordinances may also affect the locality’s processes. Localities should consult with their local counsel in this regard.

If the hatched areas are fee right of way owned by the Commonwealth, they may be declared as surplus right of way when the street is extended and subsequently conveyed to the adjoining landowner(s) upon request in accordance with the VDOT Right of Way Division procedures for surplus right of way conveyance.

Temporary Easements for Turnarounds If the hatched areas as shown on the example sketch are dedicated as a temporary easement, the easement is automatically extinguished upon extension of the street, and no further action is required on the part of the locality or the CTB. In cases where it can

reasonably be expected that the street will be extended, it is recommended to have the hatched areas dedicated as a “temporary easement for turnaround purposes until the road is extended” to avoid the necessity of further action on the part of the locality or the CTB to release the hatched areas for conveyance to adjacent property owners.

Alternative Turnaround Types “Branch” and “T-Type” turnarounds may be considered for short streets less than 0.25 miles in length (including stub outs). Other proposals must be judged on their merits, such as “Y-Type” turnarounds or other non-standard configurations. However, when proposed, the ability of single unit truck design vehicles to reverse direction, without leaving the pavement area, on these alternative types of turnarounds should be proven. Mileage should be measured along centerline to the point where the road extension will begin or to the point of the centerline terminus, whichever is applicable.

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HSC Sketch Standards and Examples (continued)

Alternative Turnaround Examples

For additional guidance on turnaround types and the right of way requirements for turnarounds see Appendix B(1)-SSAR Design Guide of the VDOT Road Design Manual.

SSAR Stub Out Streets If the SSAR “multiple connections” standard is provided through construction of stub out street(s) to adjacent properties, the stub out(s) can be accepted prior to the extension of the route provided that the stub out(s) has been constructed to applicable standards and the appropriate signage has been installed indicating that the street is to be extended in the future. A temporary turnaround is to be provided for stub out streets longer than 150 feet that are proposed for acceptance. Additional ROW needed for the turnaround

outside of the through right of way width should be contained in a temporary easement.

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r. Submitting Highway System Change Assemblies

During 2020 the Office of Land Use established the HSC Portal on the DOTi site so that assemblies could be submitted electronically. The Portal allows Office of Land Use staff to receive assemblies immediately, drastically reducing approval times and the cost of mailing, and avoids assemblies being lost in transit.

There are only two original documents needed by the Office of Land Use. These include:

• Letters of Credit
• HSC agreements which require an original signature and need to be notarized

Please mail the above original documents to the VDOT Office of Land Use, ATTN: Highway Systems Program Manager, 1401 East Broad Street, Richmond, VA 23219. Copies of these two types of documents must be included when the complete HSC assembly is sent to the Office of Land Use.

s. VDOT Abandonment and Discontinuance Confirmation Form

Beginning in August 2023, the Office of Land Use required this completed form be submitted when a highway system change assembly includes an abandonment and/or a discontinuance. When VDOT completes a legal abandonment, this action cannot result in the loss of vehicular access to any current land use or parcel of land. This form is required in order to prevent this loss of access. This form also fulfills the following purposes:

• Ensures that the abandonment does not result in loss of access
• Verifies that abandonment is properly advertised, when applicable

• Documents which type of construction-related abandonment is being requested, when applicable

• For a discontinuance, documents why this is the proper action for the specific situation

This form can be accessed on the “HSC Assembly Submittal Portal.” This submittal portal has been updated to ask the required question “Does this project involve an Abandonment or Discontinuance?” If the response is “Yes,” an additional screen will appear which includes this form.

123

[TABLE 123-1] r. Submitting Highway System Change Assemblies | During 2020 the Office of Land Use established the HSC Portal on the DOTi site so that | assemblies could be submitted electronically. The Portal allows Office of Land Use staff | to receive assemblies immediately, drastically reducing approval times and the cost of | mailing, and avoids assemblies being lost in transit. | There are only two original documents needed by the Office of Land Use. These | include: | | • Letters of Credit | • HSC agreements which require an original signature and need to be notarized Please mail the above original documents to the VDOT Office of Land Use, | ATTN: Highway Systems Program Manager, 1401 East Broad Street, Richmond, VA | 23219. Copies of these two types of documents must be included when the complete | HSC assembly is sent to the Office of Land Use. |

[/TABLE]

[TABLE 123-2] s. VDOT Abandonment and Discontinuance Confirmation Form | Beginning in August 2023, the Office of Land Use required this completed form be | submitted when a highway system change assembly includes an abandonment and/or a | discontinuance. When VDOT completes a legal abandonment, this action cannot result | in the loss of vehicular access to any current land use or parcel of land. This form is | required in order to prevent this loss of access. This form also fulfills the following | purposes: | | • Ensures that the abandonment does not result in loss of access | • Verifies that abandonment is properly advertised, when applicable | • Documents which type of construction-related abandonment is being requested, | when applicable | • For a discontinuance, documents why this is the proper action for the specific | situation This form can be accessed on the “HSC Assembly Submittal Portal.” This submittal | portal has been updated to ask the required question “Does this project involve an | Abandonment or Discontinuance?” If the response is “Yes,” an additional screen will | appear which includes this form. |

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t. Appeals of Abandonments and Discontinuances After Approvals

Although rarely pursued, any landowner, locality, or the Commissioner of Transportation may appeal an order of abandonment or discontinuance to the Circuit Court of an affected locality.

The appeals process for Primary abandonments and discontinuances is stipulated in §33.2-905 of the Code of Virginia. The appeals process for Secondary abandonments is stipulated in §33.2-910 of the Code of Virginia.

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u. Highway Research Requests

The HSC/SSAR Section of the Office of Land Use receives a large number of research requests related to the state’s highway systems and related changes. The Office of Land Use conducts research related to changes to the centerline mileage of roads within VDOT’s Highway Systems.

Our goals for these requests are to obtain the exact information that is needed, complete the request as soon as possible, and return thorough information to the requestor.

Highway research requests should be submitted to the Office of Land Use using email.

In order to accomplish the above goals, it is more efficient if the requestor sends the Section the responses to the questions below. The Office of Land Use may have additional questions related to the request, but generally the research can begin with the information below:

Standard Highway Research Requests Questions

1. Locality involved
2. Road description – Route number, name, etc.

3. What information do you want or question do you have pertaining to this road(s)?

4. If the change involves a Land Development project, what was the subdivision or project name?

5. If it involves a VDOT project, what was the relevant VDOT project number?
6. If your issue does not involve the entire road/route, for what segment or portion of road do you want information (give very specific location, usually related to roads within the VDOT system)?
7. When did possible highway change(s) take place (year & month is great if you know this)?

125

[TABLE 125-1] Standard Highway Research Requests Questions

1. Locality involved
2. Road description – Route number, name, etc.
3. What information do you want or question do you have pertaining to this road(s)?
4. If the change involves a Land Development project, what was the subdivision or project name?
5. If it involves a VDOT project, what was the relevant VDOT project number?
6. If your issue does not involve the entire road/route, for what segment or portion of road do you want information (give very specific location, usually related to roads within the VDOT system)?
7. When did possible highway change(s) take place (year & month is great if you know this)?

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v. Transfer of Roads Between the VDOT and Urban Systems

The two most common transfers between the VDOT system and the Urban system take place when:

• A VDOT Primary road is transferred to the Urban system
• A VDOT Secondary road transfer is related to an annexation or agreement with the Urban system municipality (this can involve the road being added or deleted from the VDOT system)

Transfers: Primary to Urban System When an Urban municipality requests that a VDOT Primary road be transferred to the Urban Maintenance Inventory, §33.2-315.A is used (see Section 5 of this Guide related to Primary highway system changes for more details about this type of transfer).

The local action for a §33.2-315.A transfer is a resolution from the Urban municipality.

The VDOT Residency shall provide notice of the pending transfer to the county. The VDOT notice of the pending transfer should request a letter or resolution of support from the county acknowledging transfer of the road to the municipality’s jurisdiction. This type of transfer must be approved by the CTB.

Upon receipt of the municipality’s resolution and the county’s letter or resolution of support, VDOT Residency staff will prepare a RIMS highway system change assembly for the transfer and submit it to the Office of Land Use. The Office of Land Use will then prepare the CTB agenda brief and submit the transfer to the CTB for approval.

Transfers: Urban System to Secondary System When a road in a town or city needs to be transferred to the VDOT Secondary system, the road must be deleted from the Urban system so that the municipality no longer receives Urban Maintenance Payments for the road. The municipality must submit a resolution and Form U-1 to the VDOT Residency identifying the road to be deleted from the municipality’s Urban Maintenance Inventory. The VDOT Residency will then review and submit the municipality’s resolution and Form U-1 to the Local Assistance Division for processing. See the Urban Construction and Maintenance Manual for specific guidance on additions and deletions to the Urban System.

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Transfer of Roads Between the VDOT & Urban Systems (continued)

Concurrently, the county Board of Supervisors will approve a resolution requesting the road be added to the Secondary System pursuant to §33.2-705 and submit it to the VDOT Residency. The Residency will then prepare and submit a RIMS highway system change

assembly for the Secondary system addition to the Office of Land Use, which includes copies of the municipality’s resolution and Form U-1 for the deletion as well as all of the required components for a Secondary system addition.

For this type of addition, the county usually requests a waiver of surety and/or fees. The county may also use a guarantee of surety within the resolution (see Office of Land Use site for this resolution template).

The Office of Land Use will contact the Local Assistance Division when this addition assembly is received in order to coordinate the proper highway changes for this transfer.

There are generally two situations when Secondary roads are removed from the VDOT system and added to an Urban municipality’s system. These take place when:

• A town transitions from the VDOT system to the Urban system and assumes

maintenance of the roads within its jurisdiction.

• A town or city annexes a portion of the adjacent county which includes roads maintained by VDOT

When these events occur, the Code section used depends on whether the locality is a town or a city. The following are the local government actions and Code sections involved with this type of VDOT Secondary to Urban system transfers:

• Towns – Approval of a §33.2-700 resolution supporting the transfer of specified Secondary roads to the town’s local system

• Cities – Approval of a resolution citing §33.2-320 to transfer the Secondary roads to the Urban System.

• Counties – Letter of Support or resolution of support recognizing the transfer of the Secondary roads to the Urban system

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U. Glossary

The following terms and words, when used in this Guide, shall have the following meaning, unless the context clearly indicates otherwise.

1. AASHTO: American Association of State Highway and Transportation Officials. A regulatory agency responsible for setting technical standards for all phases of highway system development. AASHTO represents all fifty states, Washington D.C. and Puerto Rico and serves as a liaison between the state departments of transportation and the federal government. AASHTO’s primary goal is to foster the development, operation, and maintenance of an integrated national transportation system. The

AASHTO Standing Committee on Highways is vested with the full authority to oversee the numbering and marking thereof of the Intestate and U.S. Highway systems.

2. Addition: A street proposed for incorporation or the act of incorporating a street as part of the Primary or Secondary System of State Highways. Virginia Code sections for additions vary depending on the type of addition.

3. Abandonment: The legal action reserved for a county's Board of Supervisors to

remove a Secondary road from the public domain, pursuant to §33.2-909 or §33.2-912; or the legal action reserved for the Commonwealth Transportation Board to remove a Primary road from the public domain, pursuant to §33.2-902 or §33.2-906.

4. BOS: Board of Supervisors, the governing body of any county or the Suffolk City Council for actions in the former Nansemond County portion of the City of Suffolk.

5. Commissioner: The VDOT Commissioner of Transportation, the chief executive

officer of the Virginia Department of Transportation.

6. Commissioner’s Staff: As referenced in this Guide, this term refers to the Commissioner’s direct reports who are responsible for the review and approval of designated highway system changes.

7. Cost Estimate: VDOT's estimated cost to improve a road to the prescribed minimum standards, exclusive of ineligible project costs.

8. CTB: Commonwealth Transportation Board. The governing body of the Virginia Department of Transportation.

9. Data Correction: A particular type of proposed inventory (PI) that recognizes certain changes to the roadway typical section, such as widening, addition of turn lanes, etc.

10. Dam: A man made structure that is intended to impound water and is subject to differential hydraulic pressure.

128

[TABLE 128-1] | setting technical standards for all phases of highway system development. AASHTO represents all fifty states, Washington D.C. and | Puerto Rico and serves as a liaison between the state departments of transportation | and the federal government. AASHTO’s primary goal is to foster the development, | operation, and maintenance of an integrated national transportation system. The | AASHTO Standing Committee on Highways is vested with the full authority to oversee | the numbering and marking thereof of the Intestate and U.S. Highway systems. |

[/TABLE]

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Glossary (continued)

11. Department: Virginia Department of Transportation (VDOT)

12. Detention Pond: In storm water management, a facility intended for collection and

controlled release of stormwater.

13. Developer: The person or entity responsible for the design and construction of public streets. For Rural Additions, a developer is the original owner(s) or successor owner(s) of a street proposed for state maintenance that retain speculative interest in property abutting a proposed addition. (See Speculative Interest.)

14. Discontinuance: The legal action reserved for the Commonwealth Transportation Board to terminate the Department’s maintenance responsibility of a road, pursuant to §33.2-901 or §33.2-908.

15. Established: The date for which the right of way for a proposed addition was opened to public use as evidenced by deed, plat dedication, or other means; or the date the street was otherwise opened to public use by motor vehicles.

16. Extrinsic Structure: Any structure deemed by the Department to be a nonessential element of a street's transportation function.

17. FHWA: Federal Highway Administration. The U.S. Government agency responsible for the oversight and administration of the Interstate System, the U.S. Numbered Highways System, and the National Highway System.

18. HSC: Highway System Change. Any change record for an individual segment of

roadway, excluding length corrections.

19. ICR: Inventory Change Record. Tracking number assigned by RIMS to each highway system change assembly.

20. LAP: Locally Administered Project

21. Length Correction: A particular type of PI that is used to validate or correct split

mileage values between intersecting routes or nodes.

22. LGB: Local Governing Body. The governing body of a county, city, or town.

23. Locality: A county, city, or town.

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Glossary (continued)

24. Maintenance: (i) ordinary maintenance; (ii) maintenance replacement; (iii) operations that include traffic signal synchronization, incident management, and other intelligent

transportation system functions; and (iv) any other categories of maintenance that may be designated by the Commissioner of Highways.

25. Mileage Limitation: Statutory limits on the amount of mileage that a particular highway system change may apply to in any given fiscal or calendar year. Rural additions pursuant to §33.2-335 have a mileage limitation of 1.25 % of the total Secondary system mileage for a county at the beginning of the current fiscal year.

Transfers pursuant to §33.2-314.A have a statewide mileage limitation of 50 miles per fiscal year. Transfers pursuant to §33.2-315.A have a statewide mileage limitation of 150 miles per fiscal year. Additions pursuant to §33.2-339 have a mileage limitation of 0.25 miles in any year.

26. Minimum Standards: For Rural Additions, the Minimum Standards for New Rural Additions established in the CTB Rural Addition Guidance and the Guide to Highway

System Changes. For new subdivision streets, the standards defined in the SSR or SSAR, whichever is applicable. For other Secondary roads, the standards defined in the VDOT Road Design Manual.

27. Municipality: An incorporated city or town.

28. NOIA: Notice of Intent to Abandon

29. OLU: Office of Land Use, an office of the Virginia Department of Transportation.

30. PI: Proposed inventory. RIMS terminology for a highway system change.

31. Plat or Subdivision Plat: The schematic representation of land divided or to be divided indicating property lines, street right of ways, utility and drainage easements, and other pertinent information.

32. Pro rata Participation: The portion of the estimated cost to improve a rural addition

that is borne by speculative interest, as prescribed in §33.2-335(D)

33. Public Service Requirement: The requisite number of dwellings, businesses, or other public convenience needed to qualify a road for inclusion into the Primary or Secondary system of state highways.

34. RA/RE, Resident Administrator/Engineer: An employee of the department assigned to supervise departmental operations within a specific geographical area of

the state consisting of one to four counties.

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Glossary (continued)

35. Retention Pond: In storm water management, a facility intended to impound and

retain stormwater. It may also serve as a detention pond.

36. Right-of-Way (ROW): The land, property, or interest therein acquired for or devoted to a street.

37. RIMS, Roadway Inventory Management System: System used by VDOT to catalog its roadway inventory and process highway system changes.

38. Road: See Street

39. Rural Addition Fund: Those funds available for improving streets to prescribed minimum standards for acceptance as a part of the Secondary System of State Highways, pursuant to §33.2-335.

40. Speculative Interest: Any interest of a developer(s) as defined in §33.2-335(D).

41. SSAR, Secondary Street Acceptance Requirements: A regulation of the Commonwealth of Virginia for the design, development, and addition of Secondary streets.

42. SSR, Subdivision Street Requirements: A regulation of the Commonwealth of Virginia for the design, development, and addition of subdivision streets.

43. Street: The entire width between the boundary lines of every way or place open to

the use of the public for purposes of vehicular travel in the Commonwealth.

44. Transfer: The moving of roads between the Primary, Secondary, and/or Urban systems of highways.

45. UPC (Universal Project Code): Tracking number assigned to every project with VDOT oversight and/or funding. The UPC is used to track fiscal expenditures for all phases of a project, whereas an ICR is only assigned to track highway system

changes.

46. Urban Maintenance Inventory (UMI): Streets within incorporated cities and towns that maintain their own streets for which the municipality receives Urban Maintenance payments from VDOT pursuant to §33.2-319 of the Code of Virginia.

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Glossary (continued)

47. Vacation: A process reserved for the governing body of a county or municipality under which it may extinguish "any interest in streets, alleys, easements for public

rights of passage, easements for drainage, and easements for a public utility granted" to it "as a condition of the approval of a site plan." (See § § 15.1-480.1 through 15.1-485, Code of Virginia and the section in this guide "Adjustments in the Secondary System.") The Attorney General's Office has held that a vacation does not apply to roads maintained as a part of the Secondary system of state highways.

48. VDOT: Virginia Department of Transportation

49. VDWR: Virginia Department of Wildlife Resources (formerly the Virginia Department of Game and Inland Fisheries)

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Office of Land Use

Guide to

Highway System Changes

March 2025

1

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March 2025

Office of Land Use

Guide to

Highway System Changes

March 2025

For further information, contact: VDOT Office of Land Use 1401 East Broad Street

Richmond, VA 23219 Copyright 2025, Virginia

2

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NOTES

Blue underlined text are hyperlinks to document sections or websites. On computers, access by Ctrl + click on highlighted text.

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Table of Contents

Section Page Number

1. Purpose of the “Guide to Highway System Changes” 6

2. Definition of State Highway Systems and Road Types 7 a. Interstates and U.S. Highways 7 b. Primary 7 c. Secondary 7 d. Urban System 8 e. Frontage Roads 8 f. Counties That Maintain Roads 8 g. Towns – Under 3,500 Population That Maintain Roads 8 h. Privately Maintained Roads 9

3. Types of Highway System Changes 10 a. Additions 10 b. Abandonments 10 c. Discontinuances 12 d. Transfers 14 e. Abandonment of Previously Discontinued Roads 14

4. Interstates and U.S. Highways – Policies & Processes 15 a. AASHTO Approval Authority and Process 15 b. FHWA Approval Authority and Process 16 c. Commonwealth Transportation Board Approval 18 d. Virginia Interstates and U.S. Highways 19

5. Primary Roads – Codes, Policies & Processes 21 a. Additions 22 b. Abandonments 26 c. Discontinuances 35 d. Transfers 37 e. Institutional Roads 41 f. State Parks 43 g. Locally Administered Projects 45 h. VDOT Projects 45

6. Secondary Roads – Codes, Policies & Processes 46 a. Additions 47 b. Abandonments 48 c. VDOT Abandonment Certification Letter 56 d. Vacations 57 e. Discontinuances 58 f. Transfers 64 g. Rural Additions 68 h. Town Additions – Populations Under 3,500 78 i. Public School Access Roads 81 j. VDOT Projects 83 k. Locally Administered Projects 83 l. Recreational and Economic Access Road Projects 83

4

[TABLE 4-1] | FHWA Approval & Process 15 | CTB Approval 16 |

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Section Page Number

7. Appendices 84 a. Guide to Highway System Legal Changes 85 b. History of the Secondary System of State Highways 90 c. CTB Highway System Change Process and Approval Documents 91

d. Guidelines for Virtual Public Participation for Highway Changes 92 e. SSAR Refresher Section 94 f. R-O-W Types and Related Information 96 g. Local Street Construction Inspection Programs 97 h. Minimum Standards for Public School Roads 97 i. Special Measurements 98 j. Towns Governed by §33.2-339 and §33.2-340 for Additions 102 k. Locality Resolutions and Letter of Support 106 l. SSAR and SSR Sureties and Fees 107 m. Agreements 110 n. RIMS System and HSC Assemblies 113 o. Data Corrections 114 p. Length Corrections in RIMS 115 q. Highway System Change Sketch Standards and Examples 116 r. Submitting Highway System Change Assemblies 123

s. VDOT Abandonment & Discontinuance Confirmation Form 123 t. Appeal of Abandonments & Discontinuances After Approval 124 u. Highway Research Requests 125 v. Transfers of Roads Between the VDOT & Urban Systems 126 w. Glossary 128

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1. Purpose of the “Guide to Highway System Changes”

All highway system adjustments altering centerline miles require an HSC assembly, including additions, abandonments, discontinuances, and transfers.

These changes are legally required because

• It is the law – VDOT must add and remove roadway segments per the Code of Virginia
• VDOT generally cannot spend money on non-VDOT facilities
• VDOT should not maintain roads which are legally not within the VDOT maintenance system

• Federal government will not reimburse the state for roads not legally accepted into our systems damaged by natural disasters

• Highway system databases support customer service, budgeting, pavement contracts, mapping, traffic, and crash data; if roads are not legally in the system, these are compromised (e.g., paving contracts)

• Annual FHWA reports must accurately reflect mileage, affecting VDOT funding
• These systems depend on VDOT LRS for federal reporting, budgeting, paving, snow removal, planning, legal, and data collection
• VDOT must accurately reflect roads in highway systems

The “Guide to Highway System Changes” provides statewide guidance to VDOT staff on completing legal highway system changes, replacing the previous “Guide to Additions, Abandonments and Discontinuances,” covering most change types.

The Guide is organized as follows

• Definition of state highway systems and road types
• Types of Highway System Changes
• Interstates and U.S. Highways
• Primary Roads

• Secondary Roads

• Appendices include additional info and examples. For questions about this Guide or highway changes, contact the Office of Land Use. Our goal is correct, efficient system changes.

6

[TABLE 6-1]

• It is the law – VDOT must add and remove segments of roadway in accordance with the requirements of the Code of Virginia
• It is illegal in the majority of cases for VDOT to spend money on non-VDOT facilities

[/TABLE]

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2. Definition of State Highway Systems and Road Types

To understand highway system changes, it is important to have a

A working knowledge of road types in VDOT Highway Systems is essential; these include roads legally accepted into the state’s highway system and maintained by VDOT.

The main types of roads in Virginia highway systems are listed and described:

a. Interstates and U.S. Highways

• Roads classified by the federal government as Interstates and U.S.

Highways

• Centerline changes to Interstates and U.S. Highways require approval from AASHTO and/or FHWA for system changes

not required for State Highways

b. Primary

• Primary roads are under jurisdiction of the CTB and Commissioner of Highways
• Roads in the highway system with route numbers under 600, including Frontage roads
• These roads are outside the Secondary highway system
• Limited Access Highways are typically Primary roads with no easements or rights of light, air, or access

c. Secondary

• Virginia’s Secondary highway system was created in 1932 by the Byrd Act
• The Act transferred roads from local control to Virginia with local consent
• The Byrd Act placed designated roads under VDOT jurisdiction
• Secondary system roads have route numbers 600 and above

7

[TABLE 7-1]

• Roads classified by the federal government as Interstates and U.S.

Highways

• Centerline changes to Interstates and U.S. Highways are required to complete an additional level of approval with the American Association of State Highway and Transportation Officials (AASHTO) and/or the Federal Highway Administration (FHWA) for highway system changes not required for State Highways

[/TABLE]

[TABLE 7-2] | properties with no easement or access rights to the limited access highway |

[/TABLE]

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Definition of State Highway Systems and Road Types (continued)

d. Urban System – Roads maintained by cities and towns with VDOT funding

• Independent cities located in the state
• All incorporated towns with populations over 3,500 per the last US census
• Virginia towns under 3,500 population that maintain their roads (see item “g” below)
• Urban System changes are processed via the Local Assistance Division’s Urban Policy

e. Frontage Roads

• Roads built adjacent to limited access roads, including Interstates, for property access

• Frontage roads are part of the state’s Primary system

• Changes to Frontage roads require Primary system processes and state Code sections

f. Counties that Maintain Roads – Arlington, Henrico and Certain Buchanan County Roads

• In 1932, the Byrd Road Act allowed counties to join the Secondary system
• Some counties retained local control over these roads

• Arlington and Henrico are the two Virginia counties controlling non-Primary roads

• Buchanan County maintains certain designated Secondary roads

• VDOT maintains most Primary roads within these two counties

g. Towns under 3,500 population maintaining roads – ten towns have elected to maintain local roads, considered part of the Urban System. Changes are handled via the Local Assistance Division’s Urban Policy.

These towns include

• Altavista – Campbell County, Lynchburg District
• Chase City – Mecklenburg County, Richmond District

• Dublin – Pulaski County, Salem District

• Elkton – Rockingham County, Staunton District

• Grottoes – Augusta and Rockingham Counties, Staunton District
• Lebanon – Russell County, Bristol District
• Narrows – Giles County, Salem District
• Pearisburg – Giles County, Salem District
• Saltville – Smyth and Washington Counties, Bristol District
• Wise – Wise County, Bristol District

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Definition of State Highway Systems and Road Types (continued)

h. Privately Maintained Roads

• Roads with restricted access, regulated hours, or limited use, including local public roads under county control not part of the secondary highway system
• Private roads typically restrict access by property ownership or membership
• These roads are not maintained by VDOT and are not in the state’s highway system

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3. Types of Highway System Changes

There are four main highway system change categories:

• Additions
• Abandonments
• Discontinuances
• Transfers between state systems or to local control

a. Additions

Developments and projects adding centerline mileage to VDOT’s system are “additions,” usually approved by local Boards of Supervisors via resolution for VDOT acceptance.

Most new streets accepted by VDOT result from land subdivisions (residential, commercial, industrial, mixed use). Local and VDOT projects also add streets.

The following bodies or individuals approve general additions

• Primary additions involving relocations and VDOT Projects (§33.2-310) – Office of Land Use

• Primary additions include New Primary roads and Bypasses (§33.2-314.A) – CTB

• Secondary additions including “No Cost Rural Additions” (§33.2-705) – Office of Land Use

• Other highway additions are covered in Primary and Secondary Roads sections of this Guide

b. Abandonments

Legal abandonment removes a road from VDOT’s inventory, ending maintenance, closing it to public use, and removing it from public thoroughfare status.

Abandoning a prescriptive easement road terminates the easement, making it no longer public, with land control reverting to the fee owner.

Abandoning roads with ROW dedicated to public use or deeded to VDOT closes the road and allows ROW sale or transfer (see VDOT Right-of-Way Division for surplus property details).

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March 2025

Types of Highway System Changes – Abandonments (continued)

When roads are abandoned, VDOT staff must know if a replacement road serving similar users exists, as it affects the applicable Code section, notification, and approval process.

Abandonment without a replacement occurs when no public use is needed or safety warrants it; if a replacement is built, abandonment and addition must be addressed in one resolution.

VDOT bodies or individuals authorized to approve road abandonments:

• Primary abandonment without a replacement road constructed (§33.2-902) – CTB

• Primary abandonment with a replacement road or required for a construction/maintenance project (§33.2-906) – VDOT Chief of Policy

• Secondary abandonment without a replacement road (§33.2-909) – Office of Land Use

• Secondary abandonment with a replacement road or required for construction/maintenance (§33.2-912) – VDOT Chief of Policy

Abandonments cannot cut vehicular access; VDOT staff must submit the “VDOT Abandonment & Discontinuance Confirmation Form” to verify proper advertising, replacement service, and access retention.

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March 2025

Types of Highway System Changes (continued)

c. Discontinuances

Discontinuance, reserved for the CTB, relieves VDOT of maintenance and jurisdiction over a roadway.

Discontinuance occurs when a roadway no longer benefits the public enough for VDOT maintenance, but ROW must be retained.

retained for a transportation purpose. A locality cannot discontinue a VDOT roadway.

Regarding approval authority for discontinuances, the following bodies or individuals approve them:

• All Primary discontinuances (§33.2-901) – CTB
• Secondary discontinuance without a replacement road (§33.2-908.B) – CTB
• Secondary discontinuance with a replacement road or required for construction/maintenance (§33.2-908.C) – VDOT Commissioner

Confusion may exist between VDOT “abandonment” and “discontinuance,” as they are legally distinct.

they should not be used interchangeably.

Discontinuances are less common than abandonments due to infrequent reasons.

Two main similarities exist between abandonments and discontinuances upon completion:

• This action removes the road from VDOT’s highway system, and the agency no longer maintains it
• The road no longer provides sufficient public service to warrant state maintenance

A completed Secondary discontinuance keeps the road a public facility with jurisdiction returned to the locality; a discontinued Primary road remains under the Commonwealth Transportation Board.

The Commissioner of Highways; a discontinued road remains open but is no longer maintained by VDOT.

Because discontinuances are infrequent, when a locality or Residency proposes this action, Office of Land Use staff will ask the reason for the discontinuance and why an abandonment is not the correct action. This is documented via submission of the “VDOT Abandonment & Discontinuance Confirmation Form” to confirm that discontinuance is the proper highway system change action for the situation.

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March 2025

Types of Highway System Changes – Discontinuances (continued)

Examples when a highway discontinuance is appropriate:

• Property owners no longer want VDOT maintenance but need to reserve ROW for legal access.

• County wants to use the road adjacent to its courthouse only for public safety vehicles

• The road no longer offers sufficient public convenience for maintenance at public expense (serves fewer than three occupied dwellings), but the ROW is needed for legal access, preventing land locking

For questions on discontinuances, contact the VDOT Office of Land Use.

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March 2025

Types of Highway System Changes (continued)

d. Transfers

A highway transfer occurs when a road or segment moves between VDOT systems, most commonly between Primary and Secondary systems.

Secondary systems.

Transfers occur for reasons like funding or local use; most often when a Primary alignment shifts but the old segment remains a viable Secondary route.

Transfers require completing the legal process; renumbering within the same system is not a transfer.

VDOT Memoranda 14-1 details criteria for §33.2-314 transfers from Secondary to Primary, discussed further in this Guide.

Approval authority bodies or individuals are:

system transfers

• Transfer from Primary to Secondary system not related to new construction or from VDOT Primary to local systems (§33.2-315.A) – CTB
• Transfer from Primary to Secondary related to new construction (§33.2-315.B) – VDOT Commissioner
• Transfer from Secondary to Primary system not related to new road construction

(§33.2-314.A) – CTB

• Transfer from Secondary to Primary related to new construction (§33.2-314.B) – VDOT Commissioner

e. Abandonment of Previously Discontinued Roads

Previously discontinued roads can be abandoned by localities under §§33.2-914 to 33.2-926, applicable to county roads outside Primary or Secondary systems.

Localities should consult counsel for applicable statutes; VDOT and CTB usually do not involve themselves; contact Land Use for questions.

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March 2025

4. Interstates and U.S. Highways – Policies & Processes

Changes to Interstates and U.S. Highways require completing the legal process, plus approval from AASHTO and/or FHWA, unlike State Highways.

The Office of Land Use maintains a tracking spreadsheet of approved assemblies including U.S. Highways and Interstates, distributed biannually to VDOT staff to remind them to complete AASHTO applications.

AASHTO holds two meetings a year to approve changes to U.S. Highways. These take place in the spring and summer. The owners of assemblies which include U.S.

Highways and Interstates are encouraged to complete the AASHTO application before the next deadline.

VDOT Projects should submit AASHTO applications before VDOT approves highway system changes, but submissions after approval are permitted.

VDOT staff must promptly contact the Office of Land Use for planned Interstate or U.S. Highway changes. If multiple localities or states are involved, each must concur, and applications should include their statements. The Residency drafts, and the Office of Land Use finalizes, the AASHTO and FHWA applications.

Virginia Interstates and U.S. Highways are listed on pages 19 and 20.

a. AASHTO Approval Authority and Process – Interstate and U.S. Highway Changes AASHTO is the organization which has the authority to review the establishment, extension, relocation, elimination, and numbering of all roads within the Interstate and U.S. Highway systems. As part of the AASHTO policy, state highway agencies should receive AASHTO approval prior to erecting, removing, or revising any markers on Interstates and U.S. Highways.

AASHTO assigns special U.S. Highway route designations like ‘business’, ‘bypass’, and ‘alternate’, independently of FHWA’s federal funding authority.

15

[TABLE 15-1] Like other highway centerline changes, interstate and U.S. Highway system changes require completing the legal process. These changes need extra approval from AASHTO and/or FHWA, unlike State Highways.

The Office of Land Use maintains a tracking spreadsheet for all approved assemblies which include U.S. Highways and Interstates. This spreadsheet is distributed twice a year to the VDOT staff who submitted these assemblies to the Office of Land Use to remind these people to complete an AASHTO application.

AASHTO holds biannual meetings in spring and summer to approve U.S. Highway changes. Owners of assemblies including U.S.

Highways and Interstates are encouraged to complete the related AASHTO application prior to the next deadline.

Ideally, VDOT Projects will submit AASHTO applications prior to the VDOT approval of the Project’s highway system changes. However, the submission of AASHTO applications after the approval of VDOT highway changes is allowed.

VDOT staff should contact the Office of Land Use as soon as possible when a pending Interstate or U.S. Highway change is planned. If the Interstate or U.S. Highway project involves more than one locality or state, each affected locality or state must concur with the proposed system changes and route numbering. The AASHTO and FHWA applications should include a statement of concurrence from all impacted localities or states. The Residency will draft the AASHTO application. The Office of Land Use will work with the Residency or District to finalize the required AASHTO and/or FHWA application.

[/TABLE]

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March 2025

Interstates and U.S. Highways (continued)

AASHTO website link: AASHTO Association - Home

AASHTO’s CHS Application Website

Special Committee on U.S. Route Numbering - Resources

The Office of Land Use provides templates and examples of approved AASHTO applications, routinely used by VDOT Land Use staff to draft applications.

After drafting, Residency or District staff send applications to the Office of Land Use for review, which makes necessary changes and submits to the VDOT Commissioner for signature.

Post-signature, the Office of Land Use submits the application to AASHTO’s next biannual meeting, informs the District/Residency of approval, and attaches documents to the RIMS system.

b. FHWA Approval Authority and Process – Interstate Changes

Legal processes and Code sections for Interstate changes mirror those for the Primary System.

This section emphasizes obtaining Interstate designation and numbering.

FHWA may designate NHS sections as Interstates and add highways designated as NHS high-priority or future corridors at states’ requests.

Two basic eligibility requirements exist for Interstate designation:

• The road must meet Interstate standards
• The road must logically add to the Interstate system

States can obtain Interstate designation via two processes: Administrative, where FHWA designates under U.S. Code, and Congressional, where Congress designates via law.

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March 2025

Interstates and U.S. Highways (continued)

The major differences in these two paths are as follows

1. In the Administrative path, FHWA must determine that the route is

a logical addition to the Interstate system. In the Congressional path, no such determination is required.

2. In the Administrative path, states must commit to constructing the highway to Interstate standards within 25 years of designation; no such restriction applies in the Congressional path.
3. In the Administrative path, the FHWA must designate future Interstate corridors.

In the Congressional path, future Interstate corridors are designated by law.

FHWA approval is needed for specific corridor locations to ensure statutory consistency.

4. In the Administrative path, final environmental review must be approved before FHWA designates as an Interstate; in the Congressional path, designation usually precedes review.
5. In the Administrative path, the route number must be approved by FHWA.

In the Congressional path, route numbers may be assigned by law (AASHTO).

VDOT Residency staff must coordinate with the Office of Land Use and Maintenance to ensure FHWA processes and approvals are completed before submitting changes for CTB approval.

FHWA is responsible for regulating Interstates and U.S. Highway Systems.

This authority is included in the FHWA Federal Aid Policy Guide, Subchapter E-Planning: Section 470, “Federal-aid Highway Systems.”

The Federal Highway Administrator has approval authority for all federal-aid

highway system actions involving designation or revision of Interstates and U.S.

Highways, including renumbering routes. The Federal Highway Administrator is authorized to approve functional classification actions on federal-aid highway systems.

Pursuant to the FHWA Federal Aid Policy Guide, state highway agencies must propose and obtain FHWA approval for all highway system changes involving designation or revision of Interstates and U.S. Highways.

This policy guide requires the state highway agency to submit proposed Interstate system changes to the AASHTO Standing Committee on Highways.

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March 2025

Interstates and U.S. Highways (continued)

SUBCHAPTER E - PLANNING

PART 470 - HIGHWAY SYSTEMS Subpart A - Federal-Aid Highway Systems

eCFR :: 23 CFR Part 470 Subpart A -- Federal-aid Highway Systems

c. CTB Approval of Interstates and U.S. Highways The Commonwealth Transportation Board is authorized under §33.2-300 of the Virginia Code to administer changes to the Interstate and U.S. Highway systems, same as for the Primary System.

VDOT Residency staff shall use this guidance for Primary System changes when administering Interstate and U.S. Highway system changes.

When completing highway changes involving U.S. Highways and Interstates, the CTB should approve a conditional resolution before submitting applications to FHWA (Interstates only) and AASHTO.

VDOT Residency staff should give the Office of Land Use as much notice as possible when submitting a highway system change to an Interstate or U.S. Highway.

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March 2025

d. Virginia Interstates and U.S. Highways

Virginia Interstates

I-64 I-295

I-66 I-381

I-77 I-395

I-81 I-464

I-85 I-495

I-95 I-564

I-195 I-581

I-264 I-664

U. S. Highways in Virginia

US-1 BUS US-1 (City of Fredericksburg) BUS US-19 (Town of Lebanon) US-11 BUS US-19 (Town of Tazewell)

ALT US-11 (City of Roanoke) TRK US-19 BUS US-11 (City of Staunton) US-21 BUS US-11 (City of Lexington) US-23 TRK US-11 BUS US-23 (Town of Gate City) ALT US-11 (City of Roanoke) BUS US-23 (Town of Pound) US-13 BUS US-23 (Town of Wise) BUS US-13 (Town of Accomac) BUS US-23 (City of Norton) BUS US-13 (Town of Exmore) US-29 BUS US-13 (Town of Eastville) BUS US-29 (City of Danville) BUS US-13 (Town of Cheriton) BUS US-29 (Town of Chatham) BUS US-13 (City of Suffolk) BUS US-29 (Town of Gretna) US-15 BUS US-29 (Town of Altavista) BUS US-15 (Town of Leesburg) BUS US-29 (City of Lynchburg) BUS US-15 (Town of Warrenton) BUS US-29 (Town of Amherst) BUS US-15 (Town of Remington) BUS US-29 (Nelson County) BUS US-15 (Town of Culpeper) BUS US-29 (City of Charlottesville)

BUS US-15 (Town of Farmville) BUS US-29 (Town of Madison) BUS US-15 (Town of Keysville) BUS US-29 (Town of Culpeper) BUS US-15 (Loudoun County) BUS US-29 (Town of Remington) US-17 BUS US-29 (Town of Warrenton) ALT US-17 (Spotsylvania County) US-33 BUS US-17 (Stafford County) BUS US-33 (Town of Elkton) BUS US-17 (City of Fredericksburg) BUS US-33 (Town of Stanardsville) BUS US-17 (Fauquier County) US-48 BUS US-17 (Middlesex County) US-50 BUS US-17 (Gloucester County) US-52 BUS US-17 (Town of Warrenton) US-58 BUS US-17 (City of Chesapeake) ALT US-58 BUS US-17 (Spotsylvania County) BUS US-58 (Town of Lawrenceville)

US-19S

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U. S. Highways in Virginia (continued)

BUS US-58 (Town of Boydton) US-421 BUS US-58 (City of Emporia) BUS US-421 (Town of Gate City) BUS US-58 (City of Franklin) US-460 BUS US-58 (City of Suffolk) ALT US-460 (City of Salem) BUS US-58 (Town of Courtland) BUS US-460 (Town of Tazewell)

BUS US-58 (City of Virginia Beach) BUS US-460 (Town of Blackstone) BUS US-58 (Town of Gate City) BUS US-460 (Town of Burkeville) BUS US-58 (City of Martinsville) BUS US-460 (City of Suffolk) BUS US-58 (Town of South Hill) BUS US-460 (Town of Pearisburg) BUS US-58 (Lee County) BUS US-460 (Town of Bedford) BUS US-58 (Town of Stuart) BUS US-460 (Town of Christiansburg) BUS US-58 (Town of Clarksville) BUS US-460 (Town of Blacksburg) BUS US-58 (City of Danville) BUS US-460 (Town of Richlands) BUS US-58 (Patrick County) BUS US-460 (Town of Pamplin City) BUS US-58 (Lee County) BUS US-460 (City of Lynchburg) BUS US-58 (City of Franklin) BUS US-460 (Town of Farmville) US-60 BUS US-460 (City of Petersburg) BUS US-60 (Town of Clifton Forge) BUS US-460 (Town of Appomattox) US-211 ALT US-460 (City of Norfolk) BUS US-211 (Town of Warrenton) BUS US-460 (Town of Grundy) BUS US-211 (Town of Washington) US-501

BUS US-211 (Town of Luray) ALT US-501 (City of Buena Vista) US-219 BUS US-501 (City of Lynchburg) US-220 US-522 BUS US-220 (Town of Clifton Forge) BUS US-522 (Town of Washington) BUS US-220 (City of Roanoke) BUS US-220 (Town of Rocky Mount) BUS US-220 (City of Martinsville) BUS US-220 (Town of Ridgeway)

US-221

US-250 BUS US-250 (City of Charlottesville) US-258 BUS US-258 (Town of Smithfield) BUS US-258 (City of Franklin) US-301 ALT US-301 (City of Petersburg)

BUS US-301 (Town of Bowling Green)

US-311

US-340 BUS US-340 (Town of Luray) US-360 BUS US-360 (Hanover County) BUS US-360 (Amelia County) BUS US-360 (Burkeville) BUS US-360 (Keysville) 20

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March 2025

5. Primary Roads – Codes, Policies & Processes

The state’s Primary system includes roads and bridges under the CTB and Commissioner of Highways; Primary roads are not part of the Secondary system.

Primary roads have route numbers under 600, with exceptions like I-664 and Rt. 895.

Includes Interstates, U.S. Highways, Frontage, State Park, and Institutional roads serving state institutions.

Primary highway changes require approval by CTB, Commissioner, or Chief of Policy. VDOT staff must inform the Office of Land Use of these

Changes early; after HSC assembly, Land Use processes approval letters or CTB items, reviews with Governance, and submits documents for earliest agenda. Changes needing Commissioner or Policy approval are sent promptly.

This Guide section is divided into categories

a. Additions b. Abandonments c. Discontinuances d. Transfers e. Institutional Roads f. State Parks g. Locally Administered Projects

h. VDOT Projects

Section 1-221 of Virginia Code defines “locality” as county, city, or town; Section 33.2-100 defines “the Board” as the CTB; both terms have same meaning here.

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March 2025

a. Primary Additions

Code §33.2-310 is used for Primary system additions, typically when a VDOT project adds mileage by relocating or adjusting existing roads, often with associated abandonment or discontinuance.

This addition often involves abandonment or discontinuance.

Developers and localities rarely construct Primary roads, usually when part of a TIP and funded outside VDOT.

Land Use can approve §33.2-310 Primary additions; CTB or VDOT approval is not required.

VDOT procedure recommends, but does not require, a resolution or support letter from the locality for Primary changes to ensure local involvement.

A VDOT Project HSC assembly may include a locality resolution or support letter if requirements are met.

Support letters are usually signed by key officials; a template is available on the Land Use DOTi page.

A support letter can replace a resolution if the change results from a VDOT Project and ROW is state-owned; no deadline applies.

Developer-constructed Primary roads require an approved resolution; support letters are not acceptable.

VDOT Projects are supported by prior local approval via the SYIP; developer-built projects lack this prior approval.

Developer projects lack prior approval as they do not involve state funding, public notice, or inclusion in the SYIP.

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March 2025

Primary Additions (continued)

Example of §33.2-310 Primary Addition

In the example, segments AB and BC (in red) are added to the Primary

System using §33.2-310., replacing segments AD and DC (in blue) being abandoned per §33.2-906.

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March 2025

Primary Additions (continued)

Code Section §33.2-314.A – Primary Addition Involving New Primary Roads and Bypasses

VDOT’s Governance Division determined that §33.2-314.A should be used selectively for adding some Primary roads during HSC Code review.

Section 33.2-314.A applies only to additions of new Primary roads to the system:

• A completely new Primary road with a new route number
• The creation of new Primary Bypass roads

Contact the Office of Land Use to determine if §33.2-310 or §33.2-314.A applies for a specific Primary addition.

Approval of a §33.2-314.A Primary addition is not delegated to VDOT staff; it must be approved by the CTB.

Locality must approve a resolution or support letter for VDOT to submit to the CTB for a §33.2-314.A addition, following the same format as a §33.2-310 resolution.

Because CTB approval is required for a §33.2-314.A addition, contact the Office of Land Use for proposals under this section.

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March 2025

Primary Additions (continued)

Example of §33.2-314.A Primary Addition

Routes 58 and FR-1081 in purple are added to the Primary system via §33.2-314.A, because Route 58 is a Bypass and FR-1081 is a new Primary road. There are

also no corresponding abandonments or discontinuances.

25

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March 2025

b. Primary Abandonments

Code Section 33.2-902 – Abandonment of Primary Route Without Replacement Road

Section 33.2-902 applies when an existing VDOT Primary road is abandoned and

No replacement road is constructed. This abandonment is initiated by VDOT or landowners when a road no longer serves properties or as a prerequisite for surplus right of way conveyance.

VDOT is responsible for administering and advertising §33.2-902 Primary abandonments under CTB and Highway Commission authority.

§33.2-906 can be used for Primary abandonment without a replacement if related to construction or maintenance projects (see §33.2-906 details).

Section 33.2-902 requires advertising the proposed Primary abandonment as Notice of Intent to Abandon (NOIA) for public awareness.

VDOT will publish a NOIA Willingness or Public Hearing Advertisement per §33.2-902; samples are on the HSC/SSAR DOTi page.

VDOT may publish a NOIA Willingness (if a hearing is requested) or a Public Hearing Advertisement (with details). Willingness is used when objections are unlikely, saving time and cost. Notification requirements are identical.

• NOTE: Some localities will always request a public hearing. Local VDOT staff

Coordinate with the locality before publication to determine if this applies.

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March 2025

Primary Abandonments - §33.2-902 (continued)

§33.2-902 Public Notification Requirements: To comply with §33.2-902’s notification rules:

1. VDOT must select 1a or 1b: a. Post notice at least 3 days before court at the courthouse of the county where the highway is located, or if in multiple counties, at each courthouse (rarely used); b. Publish notice in two or more issues of a local newspaper. Samples are on the HSC/SSAR DOTi page.

2. VDOT shall send registered mail notice of intent to abandon to the county governing body, requesting support or resolution for Primary abandonment. Not required by §33.2-902,

The support letter/resolution is a VDOT procedural requirement to assure CTB of local support. Samples are on the HSC/SSAR DOTi page.

3. If in a town, VDOT shall send registered mail notice of intent to abandon to the town's governing body and request a support letter/resolution.

27

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March 2025

Primary Abandonments - §33.2-902 (continued)

Holding a §33.2-902 Abandonment Public Hearing

• NOIA Willingness Advertisement: If landowners in the county or town request a public hearing within 30 days, it shall be held.

Within days after the NOIA Willingness Advertisement is posted, published, and mailed, VDOT shall hold a public hearing to consider abandonment.

VDOT shall publish a Public Hearing Advertisement with the hearing's date, time, and location.

• NOIA Public Hearing Advertisement: If VDOT opts to forgo a NOIA Willingness Advertisement or if a public hearing is requested during the NOIA Willingness Advertisement, VDOT shall give notice of the date, time, and location of the public hearing. The public hearing must be held within the county (or one of the counties) where the proposed abandonment is located. The NOIA Public Hearing advertisement shall be published a minimum of 30 days in advance of the date of the public hearing and shall be published in accordance with the §33.2-902 Public Notification Requirements given herein. o NOTE: A transcript of any comments received at the public hearing is to be included in the HSC assembly sent to the Office of Land Use.

If no public hearing requests are received within 30 days after the NOIA advertisement, or if VDOT finds no public necessity after a hearing, the Residency forwards the HSC assembly to Land Use for CTB, including support letter/resolution, highway change sketch, advertisement copy, publication name, and dates.

The VDOT Abandonment & Discontinuance Confirmation Form must accompany the HSC assembly. CTB will then approve or dismiss the abandonment.

28

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March 2025

Primary Abandonments - §33.2-902 (continued)

Deadline for CTB action on §33.2-902 Primary Abandonments – Residency staff must be aware of the mandatory deadline for CTB action once processing begins, as per this Code section:

The Board shall, within four months of the 30-day posting period without a petition or after a public hearing, order abandonment or dismiss the application if not satisfied.

The CTB must act within four months after the willingness period or public hearing; if not, the abandonment process must restart.

from the beginning.

Due to the four-month deadline, Residency must inform Land Use of the abandonment in process and have Land Use review the NOIA, advertisement, and proposal beforehand.

Residency shall send the full assembly to Land Use promptly after the willingness period or hearing and upon receiving the locality’s support letter/resolution.

To place an item on the CTB agenda, Land Use must prepare documents, meet review deadlines, and submit to the Commissioner’s office by its deadline. Contact the Office of Land

Use for the related deadlines for upcoming CTB meetings.

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March 2025

§33.2-902 Abandonment of Primary Route Without Replacement Road

VDOT initiates abandonment or receives written request from locality or landowner.

VDOT sends Notice of Intent to Abandon by registered mail requesting support; Residency enters abandonment into RIMS and assigns ICR number.

VDOT posts a Willingness to Hold a Public Hearing or Notice of Public Hearing at the courthouse for at least 3 days before the first court session, or publishes in two issues of the same newspaper for at least 30 days.

Copies of the ad or affidavit of publication are required as part of the HSC assembly. of HSC assembly.

Willingness Did VDOT publish/to Hold post a Willingness or Public Public Hearing Hearing notice?

Did VDOT VDOT Residency publishes Notice of Public Notice of receive a request for Hearing for at least 30 days in two or more Public Hearing a Public Hearing from Yes issues of the same newspaper & VDOT landowner or provides the Notice of Public Hearing to the locality? locality VDOT Residency staff conducts Public Hearing, local governing body approves Letter of Support or resolution, and VDOT prepares a transcript of any comments received Locality approves Letter of Support or No resolution supporting abandonment VDOT Residency staff prepares RIMS highway system change assembly and submits to Office of Land Use Office of Land Use staff prepares the item for the next CTB meeting CTB must act on the abandonment within a maximum of 4 months after expiration of Willingness to Hold Public Hearing or actual Public Hearing (whichever is applicable).

CTB approves or dismisses the abandonment.

If approved, Land Use staff completes RIMS process. Resolution/Letter of Support from locality and RIMS assembly must be submitted promptly after expiration of willingness or public hearing date, once approved by locality, due to CTB time limit in §33.2-902.

30

VDOT publishes Willingness or Notice of Public Hearing for at least 30 days in two or more newspaper issues.

Copies of ad or affidavit of publication required part of HSC assembly. | | VDOT posts either a Willingness to Hold a Public Hearing or Notice of Public Hearing at the front door of the Courthouse for least 3 days before the first day of regular term of the Circuit Court.

Copies of ad or affidavit of publication required part of HSC assembly.

[/TABLE]

[TABLE 30-2] VDOT chooses one

[/TABLE]

[TABLE 30-3] Willingness to Hold Public Hearing

[/TABLE]

[TABLE 30-4] Notice of Hearing

[/TABLE]

[TABLE 30-5] Yes

[/TABLE]

[TABLE 30-6] No

[/TABLE]

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March 2025

Example of §33.2-902 Primary Abandonment

In the sketch below, 0.07 mile segment AB of Old Route 61 is abandoned under §33.2-902 due to no replacement road being constructed.

The abandonment is unrelated to any construction or maintenance project.

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March 2025

Primary Abandonments (continued)

Code Section 33.2-906 – Abandonment of Primary Route with Replacement Road or Construction/Maintenance

Section 33.2-906 is used when an existing VDOT Primary road is abandoned and replaced with a new

road, serving the same users as the abandoned segment.

This abandonment occurs when a VDOT project relocates or shifts a Primary road, requiring abandonment of the old alignment.

Since a replacement road accompanies this abandonment, no public notification is required for §33.2-906; both abandonment and addition must be addressed in the same locality resolution or support letter.

§33.2-906 can be used for Primary abandonment without a replacement road if the VDOT Chief Engineer recommends it for a construction or maintenance project, such as eliminating a roadway section without reconstruction, with access via other routes.

If VDOT staff is unsure about Chief Engineer support for §33.2-906 without a related addition, contact the Office of Land Use before approving a locality resolution or support letter.

Section 33.2-906 Primary abandonments are initiated by VDOT at the Residency or District level and approved by the VDOT Commissioner.

Approval of these abandonments is delegated to the VDOT Chief of Policy.

A VDOT Project may include a locality resolution or support letter.

To use a locality support letter for a VDOT Project, the following applies:

• The highway change must result from VDOT Projects
• The related ROW must be owned by VDOT or the Commonwealth

If a non-VDOT built project includes a §33.2-906 Primary abandonment, it must be

Supported by VDOT; requires an approved resolution of support from the locality. A letter of support cannot be used.

If a Primary abandonment involves nearby construction and VDOT staff is unsure if the new road meets §33.2-906, contact the Office of Land Use HSC section.

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March 2025

Primary Abandonments - §33.2-906 (continued)

Example of §33.2-906 Primary Abandonment with Replacement Road

In the sketch, segments AD and DC of Route 11 (blue) are abandoned per §33.2-906 and replaced by AB and BC (red) of the new road added via §33.2-310.

33

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March 2025

Primary Abandonments - §33.2-906 (continued)

Example of §33.2-906 Primary Abandonment without Replacement Road

In the sketch, segment AB (blue) is abandoned per §33.2-906; no replacement road, but associated with project completion.

of this VDOT Project.

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March 2025

C. Primary Discontinuances

Code Section 33.2-901 – Discontinuance of Primary Routes

The Secretary is concerned that discontinued Primary roads stay under CTB and Commissioner jurisdiction but are removed from VDOT system and not maintained by VDOT.

Until further notice, VDOT Land Use staff should not proceed with §33.2-901 Primary discontinuances unless there are compelling reasons.

Alternatively, the Office of Land Use recommends transferring segments to the Secondary system via §33.2-315; then, they can be discontinued per §33.2-908 or remain as Secondary, based on local and VDOT decisions. Contact the Office for questions.

The agency can initiate Primary discontinuance when the Commissioner deems the road unnecessary for the Primary system, typically after design, construction, or maintenance changes, with ROW retained for transportation.

VDOT should contact the locality through written communication to inform the local

officials about the proposed discontinuance.

All Primary discontinuances are approved under §33.2-901, regardless of replacement road construction.

The purpose and legal effect of highway discontinuances are discussed in Section 3 of this Guide.

Primary discontinuances require CTB approval and an approved resolution or support letter from the locality.

Section 33.2-901 lacks a public notification requirement; VDOT should contact affected property owners to communicate the impact of the highway change.

of the road.

If VDOT publicizes the discontinuance, follow the public notification requirements for Secondary discontinuances in §33.2-908, as outlined in Section 6.e of this Guide.

35

[TABLE 35-1] The Secretary is concerned that discontinued Primary roads stay under CTB and Commissioner jurisdiction but are removed from VDOT system and not maintained by VDOT.

Until further notice, VDOT Land Use staff should not proceed with §33.2-901 Primary discontinuances unless there are significant compelling reasons for the discontinuance.

As an alternative to Primary discontinuances, the Office of Land Use recommends that these segments be transferred to the Secondary system using §33.2-315. After this transfer, the now Secondary road can either be discontinued using §33.2-908 or the road can remain in the Secondary system depending upon what the locality and VDOT decide. For further questions about this issue, please contact the Office of Land Use.

[/TABLE]

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Primary Discontinuances - §33.2-901 (continued)

Example of §33.2-901 Primary Discontinuance

In this sketch, segment BC (yellow) has been discontinued using §33.2-901. It is no longer part of the Primary system due to insufficient public service; it has been replaced by

adding segment AB (red) per §33.2-310. Segment AC (blue) has been abandoned via §33.2-906.

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D. Primary Transfers

Two main types of Primary transfers involve moving from Primary to Secondary systems: one involves road construction, the other does not. Their approval authorities differ.

Code Section 33.2-315.A – Transfer from Primary to Secondary System NOT Related to New Road Construction or Transfer to Local System

The CTB can transfer highways from Primary to Secondary if initiated by VDOT or requested by the local governing body.

A §33.2-315.A transfer occurs when a locality or VDOT requests an existing Primary road transfer, often due to a change in road use or nature.

This transfer occurs when no new road construction is involved.

If a VDOT Primary route in a city, town, or Arlington/Henrico County is requested for transfer to the local system, approval by the city/town council or board of supervisors is required.

Section 33.2-315.A requires CTB approval and a resolution from the locality (county, city, or town). Letters of support are not accepted.

Section 33.2-315.A limits transfers to 150 miles annually, rarely reached.

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Primary Transfers - §33.2-315.A (continued)

Example of §33.2-315.A Transfer

The sketch below depicts the 0.10 mile AB segment (in orange) being transferred from

from Primary (formerly Route 58) to Secondary (Route 740) via §33.2-315.A; not linked to new construction.

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Code Section 33.2-315.B – Transfer from Primary to Secondary for New Road Construction

A §33.2-315.B transfer occurs when the VDOT Chief Engineer recommends it after agency construction or maintenance.

maintenance project.

Most Section 33.2-315.B transfers occur when VDOT builds a new Primary road, transferring old roads to Secondary, approved by the Commissioner after Chief Engineer recommendation, managed by the Office of Land Use.

If VDOT staff doubts Chief Engineer support for a §33.2-315.B transfer, they should consult the Office of Land Use before locality approval; staff will discuss with the Chief Engineer.

New road construction is required for §33.2-315.B transfers. VDOT staff should consult the Office of Land Use if uncertain whether to use A or B.

The locality must approve a resolution requesting the §33.2-315.B transfer, which can be a county, city, or town depending on the road's location.

Since new road construction is involved with a §33.2-315.B transfer, both the road addition and transfer must be addressed in the same resolution and HSC assembly.

Unlike the annual mileage limit for §33.2-315A transfers, no limit applies to §33.2-315.B transfers.

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Primary Transfers - §33.2-315.B (continued)

Example of a §33.2-315.B Transfer

The sketch shows segment EFG (orange) transferred from Primary (Route 80) to Secondary as Route 804, connecting to new segment BE (red).

which is being added to the Secondary system as Route 804.

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E. Institutional Roads

Code Section 33.2-313 – Institutional Road Additions

Section 33.2-313 lets Virginia institutions request adding roads to VDOT’s highway system, making them part of the Primary system. VDOT maintains them, but policing remains with the institution.

To add Institutional roads to the Primary system, requirements in VDOT DPM 8-3 (2021 update) must be met.

• Roads within State institutions' grounds must meet minimum design requirements
• Roadways shall be at least 22 feet wide, excluding ditches
• Drainage facilities must meet stormwater management requirements

Common agencies adding roads under §33.2-313 include the Department of Education, Boards of Visitors, and Corrections. These additions do not pay surety or fees to VDOT.

Note: State Park roads are added under §33.2-311, and public school roads under §33.2-325. Private

Colleges and universities cannot add roads under §33.2-313; instead, roads qualify for acceptance under §33.2-705.

Adding a §33.2-313 Institutional road requires a resolution or letter from the institution’s governing body, often provided by the institution or a state agency, per DOTi template.

Section 33.2-313 adds Institutional roads; abandonment or discontinuation requires a highway change under applicable Code sections and a request from the agency, accepted by VDOT.

VDOT Commissioner delegates authority to accept §33.2-313 additions to the Office of Land Use Director and Highway System Program Manager.

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Institutional Roads - §33.2-313 (continued)

Example of a §33.2-313 Institutional Road Addition

The sketch shows a 0.50 mile AB segment (red) addition of an Institutional road for Pocahontas State Correctional Center.

42

[TABLE 42-1] shows the 0.50 mile AB segment (red) addition of an Institutional road for Pocahontas State Correctional Center.

[/TABLE]

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F. State Park Roads

Code Section 33.2-311 – State Park Road Additions Roads within Virginia state parks connecting to VDOT roads can be added in two ways.

Requests for new additions connecting outside state highways to park recreation centers are made using §33.2-311, which must provide direct access to the recreation center.

Section 33.2-311 State Park road additions become part of the Primary system and do not pay surety and fees to VDOT.

Section 33.2-311 is also used when an existing State Park road adds centerline miles.

Many existing State Park roads with Secondary route numbers were added previously; additions within parks use §33.2-312, becoming part of the Secondary System without surety or fees.

Commissioner’s approval is required for these additions. For questions on Code sections, contact the Office of Land Use.

Like Institutional roads, State Park additions do not require local resolution but need a request from DCR; the Office of Land Use provides a template (see DOTi).

The VDOT Commissioner has the approval authority for §33.2-311 State Park additions.

Upon receiving a complete HSC assembly, the Office of Land Use reviews, prepares documents for the Commissioner, and notifies the VDOT Residency, which must inform the park of the addition.

Section 33.2-311 only adds State Park roads; abandonment/discontinuation requires relevant Code sections for Primary or Secondary roads, requested by DCR. Contact the Office of Land Use for questions.

If the CTB or Commissioner discontinues a state park road with DCR’s concurrence, control reverts to DCR per §10.1-200. Questions should be directed to the Office of Land Use.

43

[TABLE 43-1] Many existing State Park roads with Secondary numbers were added previously; additions use §33.2-312, becoming part of the Secondary System without surety or fees.

[/TABLE]

[TABLE 43-2] Approval by the Commissioner is required; contact the Office of Land Use for questions on Code sections.

[/TABLE]

[TABLE 43-3] If the CTB or Commissioner discontinues a state park road with DCR’s concurrence, control reverts to DCR per §10.1-200.

[/TABLE]

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State Park Roads - §33.2-311 (continued)

Example of a §33.2-311 State Park Addition

The sketch shows segment CD (in red) in Natural Tunnel State Park being added to the Primary system via §33.2-311.

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G. Locally Administered Projects (LAP’s)

Localities may use local, state, or federal funds for new roads or changes. VDOT assists through LAP staff at district level. LAPs include Revenue, etc.

Sharing, Economic Access, Airport Access, Recreational Access, and Enhancement projects.

Depending on addition type (Primary, Secondary, institutional, recreational), the same Code sections apply. Contact your Residency, District Land Use, or the Office of Land Use if unsure.

H. VDOT Projects and Highway System Changes

Any project changing VDOT road centerline mileage must complete the HSC process, a final step for VDOT to

authorize VDOT to expend funds for maintenance and keep accurate inventory records for budgeting.

VDOT projects with CTB-approved allocations do not pay surety or fees.

The Office of Land Use and statewide teams recommend procedural changes to ensure all VDOT Projects complete HSCs, to be incorporated upon final approval during design and closeout phases.

These required HSCs will follow the guidance and processes outlined in this document.

For questions on HSCs for VDOT Projects, contact the Office of Land Use.

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6. Secondary Roads – Codes, Policies & Processes

Virginia’s Secondary System was created in 1932 by the Byrd Act, transferring roads to VDOT with local consent. Before 1932, localities managed these roads. Secondary roads have route numbers 600+.

Adding roads to VDOT’s Secondary system requires a locality resolution requesting VDOT maintenance, implying acceptance of the street as part of their local roads.

This section of the Guide is divided into the following categories

a. Additions b. Abandonments c. VDOT Abandonment Certification Letter

d. Vacations e. Discontinuances f. Transfers g. Rural Additions h. Town Additions (pop. <3,500) i. Public School Access Roads j. VDOT Projects k. Local Projects l. Recreational/Economic Access Roads

Note: Virginia Code §1-221 defines “locality” as county, city, or town; §33.2-100 defines “the Board” as the Commonwealth Transportation Board. Terms are used consistently in this Guide.

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a. Secondary Additions

Code Section §33.2-705 – Addition to Secondary Route

Most Secondary additions use §33.2-705 when roads are added to VDOT’s system, especially when constructed by

developers, VDOT Projects, and Locally Administered Projects.

§33.2-705 also covers “No Cost” Rural Additions, defined as qualified roads needing no improvements to meet VDOT standards (see Section 6.g).

In 2009, CTB approved the initial SSAR; the current version was approved in 2024, authorized by §33.2-334.

§33.2-705 additions from private development require a resolution; VDOT projects may use a resolution or support letter.

Standards below specify when a locality support letter may be used, typically signed by the Board Chair, Administrator, Clerk, or Attorney.

A template for support letters is available on the Office of Land Use DOTi page.

To use a locality support letter instead of a resolution for a VDOT Project, the following applies:

• HSCs must result from a VDOT Project
• Related ROW must be owned by VDOT or the Commonwealth
• VDOT construction must have been completed after July 1, 2011
• Projects completed before July 1, 2011, require local government support resolution
• Support letters cannot be used for SSAR, SSR, or Rural Additions.

A completed HSC assembly must be sent to the Office of Land Use for all Secondary

additions. The Office of Land Use can approve §33.2-705 Secondary additions.

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b. Secondary Abandonments

Code §33.2-909 – Abandonment of Secondary Route Without Replacement

County governing bodies, landowners, including VDOT, can initiate §33.2-909 abandonment of roads no longer needed for the highway system.

§33.2-909 applies when abandoning a VDOT Secondary road without a replacement, often when it no longer meets Public Service Requirements.

There may be instances when §33.2-912 can be used for a Secondary abandonment when a replacement road is not built. This takes place when the Chief The Engineer recommends §33.2-912 as appropriate for abandonment related to construction or maintenance.

Notice of Intent to Abandon (NOIA) – No replacement road means public notification and participation are required

pursuant to §33.2-909, localities must follow public notification standards similar to VDOT’s for §33.2-902. Samples of relevant notices are on the HSC/SSAR DOTi page.

NOIA Willingness vs. Public Hearing Advertisement – Localities may publish either a willingness to hold a hearing or the actual hearing notice, including date, time, and place.

The willingness advertisement is used when objections are unlikely, saving time and expense.

public hearing. The §33.2-909 notification requirements are identical for both ads.

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Secondary Abandonments - §33.2-909 (continued)

Public Notification Requirements – Localities must notify VDOT of secondary road abandonment via §33.2-909, completing either item #2.A or #2.B.

The locality shall publish the intent to abandon advertisement in item #3 below.

1. Locality shall notify VDOT Commissioner of abandonment via NOIA Resolution or letter, and forward a copy to the Residency Administrator.

Include a copy of the resolution or letter in the RIMS HSC assembly sent to the Office of Land Use.

2. Locality chooses either A or B: A. Post the Notice of Intent to Abandon at least three days before the first day of a regular term of the circuit court at the front door of the courthouse of the county in which the section of highway is to be abandoned. B. Post the Notice of Intent to Abandon in at least three places on and along

The highway must be abandoned for at least 30 days, usually concurrent with the NOIA.

3. Publish NOIA in at least two issues of a general circulation newspaper in the county.

Additional Notification Requirements for §33.2-909

• If abandonment spans multiple localities, all must agree and follow notification requirements; resolutions are required from each.
• For public water landings and secondary abandonments, locality shall provide notice if involved.

of the abandonment to the Virginia Department of Wildlife Resources.

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Secondary Abandonments - §33.2-909 (continued)

Holding a §33.2-909 Abandonment Public Hearing

• If landowners request a public hearing within 30 days after NOIA advertisement, it shall be held.

After mailing, the locality shall hold a public hearing with a NOIA Public Hearing Advertisement. If no request, it may approve the abandonment resolution.

• NOIA Public Hearing Advertisement: If the locality opts to skip a NOIA Willingness Advertisement or requests a public hearing during it, they must notify the date, time, and location. The hearing must be within the county where the abandonment is located. The advertisement must be published at least 30 days prior, following §33.2-909 requirements. A transcript of comments is to

be included in the HSC assembly sent to the Office of Land Use.

If no public necessity exists, the locality can approve a resolution or ordinance abandoning the road within four months after the willingness ad or public hearing.

If not approved within four months, the abandonment process must restart.

If not satisfied, the locality shall dismiss the abandonment within four months, providing VDOT a resolution and, if applicable, public hearing transcripts, requesting the mileage remain in VDOT inventory.

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§33.2-909 Abandonment of Secondary Route Without Replacement Road

Locality receives written request to abandon Secondary road from VDOT or any citizen

Locality provides Notice of Intent to Abandon resolution or letter to VDOT Commissioner*

Locality posts the NOIA Locality posts the NOIA advertisement advertisement in at least 3 places at least 3 days before the first day of Locality chooses one on or along road to be regular term of the Circuit Court at the abandoned for at least 30 days front door of Courthouse Locality publishes NOIA Public Hearing Locality publishes NOIA advertisement for at least 30 days in advertisement for at least 30 days Locality chooses one two or more issues of the same in two or more issues of the same newspaper & the locality provides newspaper notice of the public hearing to VDOT* Did locality receive Yes a request for a Public Hearing?

No Within 4 months of the NOIA advertisement expiration or the date of Locality conducts Public Hearing & the public hearing (if one is requested), provides VDOT with a transcript of the locality approves resolution any comments received. requiring the abandonment & forwards a copy to the VDOT Residency VDOT Residency staff prepares RIMS highway system change assembly and submits to Office of Land Use Office of Land Use staff reviews 33.2-909 Secondary abandonment & completes the abandonment approval in RIMS.

Office of Land Use notifies Residency of approval. If involving a public landing, notify Virginia Department of Wildlife Resources.

51

[TABLE 51-1] Locality posts the NOIA advertisement in at least 3 places on or along road to be abandoned for at least 30 days | | Locality posts the NOIA advertisement at least 3 days before the first day of regular term of the Circuit Court at the front door of Courthouse

[/TABLE]

[TABLE 51-2] Locality chooses one

[/TABLE]

[TABLE 51-3] Locality chooses one

[/TABLE]

[TABLE 51-4] Yes

[/TABLE]

[TABLE 51-5] No

[/TABLE]

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Secondary Abandonments - §33.2-909 (continued)

Example of §33.2-909 Secondary Abandonment

The sketch shows the 0.10 mile AB segment (in blue) of Route 678 being abandoned per §33.2-909. Notice no replacement road is built in

conjunction with this abandonment.

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Code Section 33.2-912 – Abandonment of Secondary Route With Replacement Road or in Conjunction with Construction or Maintenance Project

Section 33.2-912 applies when a VDOT secondary road is abandoned and replaced with a new road serving the same users as the abandoned segment.

This occurs when a VDOT project relocates a secondary road, requiring abandonment of the old, with no public notification needed for §33.2-912.

The VDOT Commissioner may approve §33.2-912 abandonment.

When linked to a replacement road, abandonment and addition (usually §33.2-705) must be in the same locality resolution or support letter and HSC assembly.

VDOT staff unsure if the new road meets §33.2-912 replacement criteria should contact the Office of Land Use.

This section applies when no replacement road is built if the Chief

Engineer recommends that §33.2-912 is the appropriate abandonment action in connection with the completion of a construction or maintenance project.

Documentation for §33.2-912 varies if involving a VDOT project, which may need a resolution or support letter; conditions apply.

• The highway change must result from a VDOT Project.
• The related ROW must be owned by VDOT or the Commonwealth
• VDOT construction must be completed after July 1, 2011 (per state Code).
• Projects completed before July 1, 2011, require a resolution of support from the local governing body.

§33.2-912 abandonment not related to a VDOT project requires an

approved resolution from the locality.

Section 33.2-912 Secondary abandonments are approved by the VDOT Chief of Policy.

The Office of Land Use approves this abandonment and addition in RIMS when the Chief of Policy approves it.

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Secondary Abandonments - §33.2-912 (continued)

Example of §33.2-912 Secondary Abandonment with Replacement Road

Segments BC, CD, and DE of Route 645 (in blue) are being abandoned using §33.2-912.

These segments are replaced by red segments added to the secondary system per §33.2-705.

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Secondary Abandonments - §33.2-912 (continued)

Example of §33.2-912 Secondary Abandonment with Chief Engineer’s Recommendation

In the sketch below, segment MN (in blue) is being abandoned using §33.2-912. No replacement road is being constructed for this segment. It was abandoned to realign the Route 17 ramp. This is an example of a §33.2-912 abandonment recommended by the Chief Engineer for the related VDOT project.

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c. VDOT Abandonment Certification Letter

Code Section 33.2-913 – VDOT Letter Certifying Completed Secondary Abandonment

After VDOT completes a §33.2-909 or §33.2-912 secondary abandonment, the locality can request a VDOT certification letter confirming finalization and that surplus right-of-way is no longer needed for transportation.

The Office of Land Use will email the submitting Residency, which will respond confirming the abandoned road and right-of-way are no longer needed by VDOT.

Once legally completed and confirmed by the Residency, the Office of Land Use’s Highway System Program Manager sends the §33.2-913 letter to the local governing body chair, copying the Residency and VDOT Right-of-Way Division. Attachments include the approved cover sheet and sketch.

abandoned, and the Residency communication.

The locality’s request for the §33.2-913 letter is usually in the abandonment resolution, but the Office of Land Use will prepare it upon request, typically via email.

VDOT staff questions about the §33.2-913 certification should be directed to the Office of Land Use.

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d. Secondary Vacations

Code Section 15.2-2272 – Vacation of Certain Secondary Roads

The process in §15.2-2272 can only be used to abandon roads in the Secondary system if all conditions are met:

• The land to be vacated on the plat has been rezoned or approved via special exception after public hearings per §15.2-2204.
• The locality notifies the VDOT Commissioner or designee in writing before the public hearing.
• The vacation is needed to implement a proffered condition accepted by the governing body under §15.2-2297, §15.2-2298, or §15.2-2303, or a special exception condition.

VDOT considers vacation an alternative to abandonment, and all other Secondary system actions continue

to apply. Due to strict requirements, this Code section is rarely used for abandonment.

The proposed vacation must be published weekly for two weeks in a local newspaper, specifying the hearing time and place.

Like §33.2-909, the locality must notify the VDOT Commissioner of its intent to vacate, usually via letter sent to the Residency, District, or Commissioner, with a copy included in the HSC to Land Use.

Upon completion, the approved document is a recorded Deed of Vacation, signed by all lot owners and the local Board, replacing resolutions or support letters.

The effect of completing a road vacation using §15.2-2272 is

• A road is no longer part of the Secondary system of highways
• Under §33.2-925, roads may be vacated via §15.2-2272, as an alternative to procedures in §33.2-915–§33.2-929, with appeals under §15.2-2272.

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e. Secondary Discontinuances

Secondary discontinuances are conducted under subsection B or C of

§33.2-908 is used depending on whether a replacement road serving the same properties has been constructed.

The Commissioner may discontinue roads affected by projects upon Chief Engineer’s recommendation.

Localities cannot discontinue Secondary roads; only the CTB can discontinue those unrelated to construction projects.

Code Section 33.2-908.B – Discontinuance of Secondary Route Without Replacement Road

§33.2-908.B secondary discontinuance can be initiated by petition from a county or town governing body or by the CTB.

when it deems the road no longer necessary for public convenience.

§33.2-908.B applies when a VDOT secondary road is discontinued without a replacement; often requested by localities ending VDOT maintenance.

The CTB may initiate §33.2-908.B when a road no longer warrants VDOT maintenance but requires right of way for access, utilities, or public facilities.

If the locality requests a discontinuance and VDOT Residency concurs, VDOT shall complete both actions:

1. Notify the locality and each adjoining landowner of the proposed discontinuance by registered mail.

The letter should include public hearing request instructions. §33.2-908.B states only the locality or abutting landowner may request a hearing, with a 30-day minimum deadline after notice publication.

2. Publish a Notice of Intent to Discontinue at least 30 days before CTB action in a local newspaper. It should coincide with registered mail notices. An affidavit or copy is required for HSC submission.

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Secondary Discontinuances - §33.2-908.B (continued)

If VDOT recommends discontinuance on its own motion, VDOT shall complete both actions:

1. Send the locality and abutting landowners a Notice of Intent to Discontinue at least 30 days before CTB action via registered mail.

§33.2-908 recommends 30-day notice to abutting landowners, including hearing request instructions. Only the locality or landowner may request a hearing, with a 30-day deadline after notice.

2. Publish a Notice of Intent to Discontinue at least 30 days before CTB in a local newspaper, ideally with registered mail notices. An affidavit or copy is required for HSC.

See the next page's flowchart for VDOT steps in §33.2-908.B discontinuance processing.

VDOT may use locality tax records to obtain abutting landowners’ names and addresses.

If a public hearing is requested within 30 days, VDOT shall hold it in the locality; VDOT may also conduct a hearing without a request or notice.

Section 33.2-908.B does not specify minimum notification; it is recommended to publish notices as for the Notice of Intent to Discontinue.

If no hearing is requested or after a hearing, the locality may approve a resolution supporting discontinuance. After receiving this resolution and the

After the hearing transcript (if held), VDOT Residency completes a discontinuance HSC assembly for the Office of Land Use, then CTB approval is required.

Appeals of roads discontinued under §33.2-908.B shall be sent to the Circuit Court of the affected locality per §33.2-905.

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Section 33.2-908.B Discontinuance Public Notification Process

VDOT/CTB or locality initiates the proposed Secondary discontinuance and selects how to advertise the highway change Option 2) Hold a Public Select advertising option Option 1) Willingness to Hearing without request from Hold a Public Hearing locality or property owners – advertisement Public Hearing administered by VDOT VDOT Residency staff VDOT Residency staff prepares Notice of Intent to prepares Notice of Public Discontinue newspaper Hearing newspaper advertisement and sends advertisement and sends registered letters to the locality registered letters to the locality and abutting property owners and abutting property owners VDOT Residency staff contacts VDOT Residency staff contacts newspaper and arranges publication of newspaper and arranges publication of the “Willingness” advertisement. the “Public Hearing” advertisement.

Publication date is the beginning of the Publication date is the beginning of the 30 day public notice, 30 day public notice, AND Yes AND VDOT Residency staff sends VDOT Residency staff sends registered letters to locality and registered letters to locality and abutting property owners. Posted date abutting property owners. Posted date is the beginning of the 30 day locality/ is the beginning of the 30 day locality/landowner notice. landowner notice.

At Least 30 days At Least 30 days Did VDOT receive a request for a Public Hearing VDOT Residency staff conducts the from the locality or abutting Public Hearing and VDOT prepares a property owner? transcript of any comments received.

Locality approves resolution; VDOT prepares RIMS assembly for Office of Land Use, then CTB approval. If approved, process completes in RIMS.

*These events should coincide so the 30-day notices run concurrently.

60

[TABLE 60-1] Select advertising option

[/TABLE]

[TABLE 60-2] Y | es

[/TABLE]

[TABLE 60-3] At Least | 30 days

[/TABLE]

[TABLE 60-4] At Least | 30 days

[/TABLE]

[TABLE 60-5] No

[/TABLE]

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Secondary Discontinuances - §33.2-908.B (continued)

Example of §33.2-908.B Secondary Discontinuance

Segment AB (yellow) is being discontinued as it no longer provides sufficient public service for state maintenance, but the right of way is needed for continued vehicular access to adjoining properties. Therefore, it is

being discontinued instead of abandoned.

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Code Section 33.2-908.C – Discontinuance of Secondary Route With Replacement Road or with Chief Engineer’s Recommendation

Two situations allow use of Subsection C of §33.2-908 for Secondary discontinuance:

• When a replacement road serving the same properties is constructed, or
• If no replacement road exists, and the discontinuance results from a construction or maintenance project, the Chief Engineer recommends using §33.2-908.

An example is a project resulting in a road that no longer meets public service requirements, but the ROW must be retained to provide vehicular access to parcels that would otherwise be landlocked if abandoned.

When a §33.2-908.C discontinuance occurs with a replacement road, the locality resolution or support letter must include both in the same document and HSC assembly.

§33.2-908.C discontinuances, processed with additions or projects, do not require a Notice of Intent or public notification.

Locality documentation for §33.2-908.C depends on project completion; VDOT projects may use a resolution or support letter, with specific conditions:

• The highway change must result from a VDOT Project.
• The affected ROW must be owned by VDOT or the Commonwealth
• VDOT construction must be completed after July 1, 2011 (per state Code).
• Projects before July 1, 2011, require a resolution from the local governing body.

If a §33.2-908.C discontinuance results from a private project,

an approved locality resolution is required.

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Secondary Discontinuances - §33.2-908.C (continued)

Example of §33.2-908.C Secondary Discontinuance

In this sketch, AB (yellow) is discontinued as it lacks sufficient public service for maintenance, but the ROW is needed to prevent land locking and provide access to adjoining

properties. The segment is replaced by AB (red).

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f. Secondary Transfers

Two types of Secondary transfers change from Secondary to Primary: one for construction projects, the other for non-project changes.

Code Section 33.2-314.A – Transfer from Secondary to Primary System NOT

Related to New Road Construction (Non-Project Related)

The CTB approves §33.2-314.A transfers from Secondary to Primary when deemed proper; the road is added and renumbered accordingly.

Section 33.2-314.A transfers occur when a locality requests transfer of a Secondary road to the Primary system not related to construction or maintenance; a resolution is required.

Criteria for transferring Secondary to Primary are as follows (see VDOT Memorandum 14-1):

1. The road must connect to an existing Primary or interstate highway.
2. The road must meet most criteria: a. Provides a reasonably direct connection between activity centers not already connected by an existing primary or interstate highway.

b. Has a traffic volume of at least 10,000 vehicles per day c. Carries at least 200 tractor-trailers or buses per day d. Has a functional classification of arterial e. Designated as part of the National Highway System (NHS) f. Meets the minimum lane width & shoulder width design standards for a highway of its current functional classification and traffic volume.

Under §33.2-314.A, transfer mileage cannot exceed 50 miles annually statewide.

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Secondary Transfers (continued)

Section 33.2-314.A Example Sketch

In this example, segments of Secondary Route 600 (AB, BC, & CD in orange) are being transferred to the Primary system as Route 599 due to a change in the nature and use of the road resulting from private development and amendment to the locality’s

Comprehensive Plan.

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Secondary Transfers (continued)

Code Section 33.2-314.B – Transfer from Secondary to Primary System Related to New Road Construction (Project Related)

Section 33.2-314.B transfers take place when the VDOT Chief Engineer recommends

that it is the appropriate action in connection with the completion of a construction or maintenance project.

Section 33.2-314.B transfers usually occur when VDOT or the locality constructs a new road, and as a result, all or a portion of the old road is transferred from the Secondary to the Primary system.

Upon recommendation by the Chief Engineer, the Commissioner may approve the transfer of these roads from the Secondary to the Primary system.

The locality must approve a resolution or a letter of support for the §33.2-314.B transfer.

This locality can be a county, a city, or incorporated town, depending on the location of the road to be transferred.

There is no annual mileage limitation for §33.2-314.B transfers.

For questions about whether a proposed transfer should use §33.2-314.A or §33.2-314.B, contact the Office of Land Use to discuss.

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Secondary Transfers (continued)

Example of §33.2-314.B Transfer

Segment BCD (in turquoise) is transferred from Secondary (formerly Rt. 707) to Primary (becoming Rt. 55) with this VDOT project.

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g. Rural Additions

Rural Additions are public roads that qualify for state maintenance, but have not been

accepted by VDOT.

VDOT staff must first determine if candidate roads qualify as Rural Additions; the following are general requirements:

1. Streets must be on a recorded plat, used by motor vehicles, and open to public use for at least 20 years.
2. At least 40 feet of ROW, or a minimum of 30 feet in extenuating circumstances per CTB guidance.
3. Streets must have drainage easements meeting current stormwater management standards.

4. Right-of-way must be unrestricted, unencumbered by easements, with fee simple title held by the locality or Commonwealth.

5. Rural Additions must serve at least three occupied dwelling units; nonresidential units may be present but must include at least three occupied dwellings.

6. Residency believes the road can safely accommodate anticipated traffic volume
7. Roads must connect to a current VDOT or Urban system road.
8. If "speculative interest" exists—ownership by developers in multiple lots— the county shall require pro rata participation per §33.2-335D for recommendation.

When speculative interest exists, the basis

The pro rata percentage for developers or successors is based on the value of abutting parcels relative to total abutting property value, as per current real estate valuation. If incomplete, the street cannot be accepted into the Secondary system as a Rural Addition.

68

[TABLE 68-1] When speculative interest exists, the pro rata percentage is based on the value of abutting parcels relative to total abutting property value, as per current valuation.

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Rural Additions (continued)

9. Section 55.1-308 addresses private roads serving subdivisions of 50 or fewer lots not dedicated for public use, providing a mechanism for localities to add older subdivision streets.

For VDOT systems meeting all Rural Addition requirements except right-of-way dedication, each lot owner must give written consent recorded with the Clerk of Court, included in the Rural Addition HSC sent to the Office of Land Use. Contact the Office for questions.

§ 55.1-308. Private roads; public use; maintenance and improvements.

Notwithstanding deed or plat provisions, private roads serving 50 or fewer lots may be dedicated for public use and added to the secondary highway system, subject to applicable provisions.

Per §§ 33.2-335 and 33.2-336, private roads in subdivisions of 50 or fewer lots may be dedicated if the owner obtains written consent from all lot owners and holders of covenants or easements, recorded in the county land records before acceptance.

The general steps for a locality requesting a Rural Addition:

10. Homeowners on potential Rural Addition roads should contact VDOT Residency and the locality to determine eligibility, project type (Cost or No-Cost), and funding options if improvements are needed.
11. If the street is determined to be a “Qualifying” or Cost Rural Addition, Residency staff will inspect the road, prepare a list of improvements needed to meet VDOT minimum standards (if any), and prepare a cost estimate for said improvements. The cost estimate is used by the locality to identify funding sources and to determine pro rata participation amounts if speculative interest(s) exist. See the following section on Ineligible Project Costs for important restrictions/limitations on Rural Addition funding uses.

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Rural Additions – General Steps (continued)

3. If no improvements are needed to meet Rural Addition standards, the locality can request a “No Cost” Rural Addition under §33.2-705 (see page 79 for minimum requirements).
4. If improvements are needed, the street must first be added to the Secondary system under §33.2-335, because Rural Addition funds

cannot be expended on roads that are not legally in the VDOT system.

• The locality’s resolution requesting the addition must identify the source and amount of secured funding; without adequate funds, the road cannot be added as a Rural Addition.

5. After Office of Land Use approval, VDOT will establish a project UPC to track costs and deposit funds. Construction can then begin, either by third-party contractor or state forces/hired equipment.

• State forces/hired equipment contracts have funding limits per §33.2-234.

No Cost Rural Additions, requiring no improvements, can be accepted under §33.2-705 using the designated resolution template; they do not require surety or fees to VDOT.

Cost Rural Additions require physical improvements for acceptance; the resolution must specify funding sources and amounts, following the general steps above.

Qualified Rural Additions must be accepted into the Secondary system before VDOT expends funds for improvements.

This order is necessary because VDOT cannot improve a Qualified Rural Addition until accepted into the state system; §33.2-335 Cost Rural Additions do not require surety or fees.

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Rural Additions (continued)

CTB Rural Addition Guidance

In February 1988, CTB approved its Rural Addition Policy; in December 2017, VDOT repealed it as a regulation, reclassifying as guidance.

document.

CTB RURAL ADDITION GUIDANCE Approved by the Commonwealth Transportation Board on February 18, 1988

1. Rural additions to the Secondary System are considered upon county Board resolution if roads serve public needs; minimum 40’ ROW plus necessary widths and easements recorded at no cost, or 30’ if prior structures exist. The resolution must guarantee ROW and easements. County policies on ROW widths apply.

2. Rural additions to the Secondary System are limited annually to 1¼% of each county’s mileage at year's end, with total improvements meeting minimum standards and not exceeding 5% of construction funds allocated to the county.

3. Streets in subdivisions developed before July 1, 1949, may qualify as rural additions per Sections 1 and 2 if neither the original, successor, nor developers retain speculative interest in abutting property. Ownership or partnership in two or more parcels or frontage constitutes a speculative interest. The Board of Supervisors requesting such addition must submit a resolution with a certified plat showing right of way, drainage easements, recordation, and lot ownership details.

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Rural Additions – CTB Guidance (continued)

4. Streets in subdivisions developed after July 1, 1949, and before a county subdivision ordinance or November 15, 1959, may qualify if: a. The county has a subdivision ordinance meeting or exceeding DOT standards. b. No speculative interest is retained by developers in abutting property. c. Half of DOT’s estimated development cost is donated. d. A certified plat with right of way, easements, recordation, lot ownership, and donation is submitted with the resolution.

5. Where a county policy requires that a rural addition meeting the requirements of Section 1 be graded, drained, and surfaced to minimum standards for rural additions as established by the Department of Transportation or where this work has been accomplished by the property owners living thereon prior to recommendation for acceptance into the Secondary System, consideration may be given to the waiving of the mileage requirements. However, no consideration may be given to the waiving of the monetary limitations as set forth in Section 2 above, except with the express permission of the Commonwealth Transportation Commissioner.

6. The Commonwealth Transportation Commissioner, through the Deputy Commissioner and Chief Engineer, is directed to set up standards and administrative procedures to see that the provisions of this policy are adhered to and complied with.

7. All portions of the general policy for acceptance of subdivision streets into the Secondary System of State Highways, as approved by this Board on October 29, 1959 and subsequent revisions, in conflict with this policy are rescinded only to the extent of such conflict; and

8. The Boards of Supervisors of the several counties are urgently requested to instruct their appointed viewers or road engineer to give careful consideration to the public necessity for any requested addition, and to carefully weigh the need for the addition against other road needs in the county, so that the program of improving existing secondary roads not be hindered by expenditures of available funds upon roads of questionable public service.

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Rural Additions – CTB Guidance (continued)

Minimum Standards for New Rural Additions to Secondary System

Traffic Volume (five years hence) Roadway Width Width & Type of Surface

Not more than 10 22 feet 14 feet, hard surface VPD 10 VPD to 25 VPD 22 feet 16 feet, hard surface

25 VPD to 50 VPD 24 feet 16 feet, hard surface

50 VPD to 100 VPD 24 feet 16 feet, hard surface Roadway width, base, and surface in accordance with criteria set forth in the agency’s Geometric Design Standards/Rural Local Road Over 100 VPD System for the applicable terrain classification and anticipated traffic volume.

Grades and alignment for any Rural Addition shall not be less stringent than the minimums as set forth in the Geometric Design Standards/Rural Local Road System of the Road Design Manual for the applicable terrain classification and anticipated traffic volume.

Any bridge located on a Rural Addition shall be constructed to the applicable width and capacity as set forth in the Geometric Design Standards/Rural Road System of the Road Design Manual for the anticipated traffic volume.

It is recommended that the Guidelines for RRR Projects (VDOT’s “Resurfacing, Restoration and Rehabilitation” Guidelines) located in Appendix A-4 of the Road Design Manual be followed.

Deviations from the above shall be justified and approved by the Office of Land Use.

73

[TABLE 73-1] Traffic Volume (five years hence) | Roadway Width | Width & Type of Surface Not more than 10 VPD | 22 feet | 14 feet, hard surface 10 VPD to 25 VPD | 22 feet | 16 feet, hard surface 25 VPD to 50 VPD | 24 feet | 16 feet, hard surface 50 VPD to 100 VPD | 24 feet | 16 feet, hard surface Over 100 VPD | Roadway width, base, and surface in accordance with criteria set forth in the agency’s Geometric Design Standards/Rural Local Road System for the applicable terrain classification and anticipated traffic volume. | Grades and alignment for any Rural Addition shall not be less stringent than the minimums as set forth in the Geometric Design Standards/Rural Local Road System of the Road Design Manual for the applicable terrain classification and anticipated traffic volume. | | Any bridge located on a Rural Addition shall be constructed to the applicable width and capacity as set forth in the Geometric Design Standards/Rural Road System of the Road Design Manual for the anticipated traffic volume. | |

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Rural Additions (continued)

Physical and Right-of-Way Requirements for Rural Additions Qualified Rural Additions can utilize the design standards in VDOT’s “Resurfacing, Restoration and Rehabilitation” (RRR) Guidelines within VDOT’s Road Design Manual, the AASHTO Guidelines for Geometric Design of Low-Volume Roads, and the 1988 CTB

Guidance on Rural Additions. These design standards may be used for Rural Addition improvements, except that pavement width, ROW width, and pavement type must meet the minimum standards established in the CTB’s Rural Additions Guidance.

Improvements may exceed VDOT standards, provided the costs in excess of the prescribed minimum is funded by sources other than those administered by VDOT.

A formal agreement with the county is required if a stormwater management facility receives runoff from the road or the road crosses a dam or an extrinsic structure. Any and all agreements must be in force before the road is accepted as part of the system.

Copies of any such agreements are to be included in the Highway System Change assembly sent to the Office of Land Use when the street is added to the system.

Ineligible Rural Addition Project Costs Rural Addition funds administered by VDOT are reserved for engineering costs and construction only. Costs for providing a clear, unencumbered ROW and any relocation of such items as utilities, mailboxes, fences, septic systems, and wells are ineligible costs

and cannot be funded with Rural Addition funds administered by VDOT. The county must obtain separate financing for such costs.

Rural Addition Funding Options for Road Improvements

1. Rural Addition Funds

• Counties may reserve 5% of Secondary construction funds to improve qualifying non-state roads within CTB Rural Addition limits. No local match required.

2. Revenue Sharing Funds per §33.2-357.

• Local match required (1:1 match for state funds)

• Projects must be started within 1 year of allocation

• Revenue sharing funds used for rural additions are restricted to subdivision streets.

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Rural Additions (continued)

3. Local Funds

• County’s general fund has no funding limits.
• Landowner special assessments can supplement Rural Addition Funds if covering at least half of costs, with 75% landowner approval per §33.2-335.
• Revenue from bond sales
• Localities may allow abutting landowners to pay half of costs; collected funds are used for reimbursement.

landowner(s).

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General Rural Addition Review & Acceptance Process

Homeowners contact locality and VDOT Residency staff assists VDOT Residency to determine if locality with the “No Cost” roads are eligible for Rural Addition Rural Addition 33.2-705 program (see “Rural Addition process and prepares the General Requirements” for details) locality resolution Locality approves resolution If the road is Rural Addition eligible, and VDOT Residency sends VDOT staff will complete a site visit to RIMS assembly to the Office determine if any physical improvements No of Land Use are required for acceptance Office of Land Use reviews and accepts No Cost Rural Are physical Addition improvements required for street acceptance?

Yes

VDOT Residency prepares list of required improvements consistent with the Guidance in this Manual and the Subdivision Street Design Guide. This list also contains a cost estimate to complete the improvements.

VDOT Residency sends the list and Street(s) is ineligible to be cost estimate to the homeowners and accepted as a Rural locality officials Addition No

Has locality Are Speculative Yes assured pro rata Interests involved? participation? VDOT Residency sends RIMS assembly to the Office of Land Use No Yes Has the locality Improvements are not secured funding for made and road cannot Office of Land Use reviews necessary No be added as a Rural and accepts 33.2-335 “Cost” improvements? Addition Rural Addition – Residency is notified of acceptance Yes Accepted “Cost” Rural Addition Locality approves resolution for road can now be improved 33.2-335 “Cost” Rural Addition using the locality identified which identifies funding source. funding

76

[TABLE 76-1] N | o

[/TABLE]

[TABLE 76-2] Y | es

[/TABLE]

[TABLE 76-3] | | Has locality assured pro rata participation? | Yes | Has the locality secured funding for necessary improvements? | |

[/TABLE]

[TABLE 76-4] Ye

[/TABLE]

[TABLE 76-5] N | o

[/TABLE]

[TABLE 76-6] No

[/TABLE]

[TABLE 76-7] Y | es

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Example of a Rural Addition

In this example, the 1.37 mile segment AB (in red) of Route 900 (Grouse Ridge Road), is being added to the Secondary system as a Rural Addition pursuant to §33.2-335.

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h. Town Additions – Populations Under 3,500

Incorporated towns with populations under 3,500 may add Secondary roads to the state system pursuant to §33.2-339 or §33.2-340. Towns selected which of these Code sections would be used for additions.

The list of Virginia towns which are governed by §33.2-339 and §33.2-340 are included in Appendix “H” of this Guide.

When requesting a Town addition pursuant to §33.2-339 or §33.2-340, the resolution is approved by the Town Council.

If a town wants to change the Code section for adding roads, it must request this from the CTB.

Towns may add streets under §33.2-705 per SSR/SSAR.

Town additions under §33.2-705 require posting surety and fees; resolution approval by the county Board is needed. Support letter is optional.

The major differences in these statutes are as follows

• §33.2-339 limits town additions to 0.25 miles/year. While silent on design, CTB policy applies.

New Secondary additions must meet current VDOT standards. RRR Guidelines are recommended. Resident Admin/Engineer can decide acceptance. Town additions under §33.2-339 do not require surety or fees.

• No mileage limit for additions per §33.2-340, but pavement widths, type, and ROW must meet requirements. Town additions may need surety and fees if developer.

The town may provide surety via resolution from its governing body.

Sample resolutions for §33.2-339 and §33.2-340 are available on the Office of Land Use DOTi site.

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Town Additions (continued)

Standards for Town Additions (Population <3,500) §33.2-339 (Max Mileage = 0.25 mile/year)

• Unrestricted ROW minimum: 30 ft
• Pavement Width – 16 feet minimum
• Pavement Type – Hard Surface

Standards for Town Additions (Population <3,500) §33.2-340 (No early mileage limits)

For Streets Established & Unrestricted Right Pavement Pavement Used by Motor Vehicles of Way Width Width Type Before July 1, 1950 30 feet minimum 12 feet minimum Hard Surface*

50 feet minimum 20 feet minimum Hard Surface After July 1, 1950 & established by the locality After January 1, 1996 for streets functionally classified as local streets Current Current Current that meet current VDOT SSAR/SSR SSAR/SSR SSAR/SSR standards for pavement Requirements Requirements Requirements width and right of way width In this context “Hard Surface” means surface treatment, plant mix asphalt, or concrete pavement.

Drainage easements for town additions must comply with storm water management regulations at the time of addition.

Code and procedures for abandoning or discontinuing town streets are the same as for other Secondary streets.

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[TABLE 79-1] | | | Unrestricted Right of Way Width | Pavement Width | Pavement Type | For Streets Established & | | | | | Used by Motor Vehicles | | | | Before July 1, 1950 | | | 30 feet minimum | 12 feet minimum | Hard Surface After July 1, 1950 & established by the locality | | | 50 feet minimum | 20 feet minimum | Hard Surface After January 1, 1996 for streets functionally classified as local streets that meet current VDOT standards for pavement width and right of way width | | | Current SSAR/SSR Requirements | Current SSAR/SSR Requirements | Current SSAR/SSR Requirements

[/TABLE]

[TABLE 79-2] R/W Width

[/TABLE]

[TABLE 79-3] Pavement Width

[/TABLE]

[TABLE 79-4] Pavement Type

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Town Additions (continued)

Example of a §33.2-339 Town Addition

The example shows three segments, AB, AC, and DE, added to the Secondary system under §33.2-339.

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i. Public School Access Roads - §33.2-325

Roads serving public schools connecting to VDOT or maintained streets may be accepted into the Secondary system. They provide access for buses and vehicles, assigned 9000 series route numbers, and are a subset of public roads with limited police powers.

regarding access and use of the road.

To accept a public school road into the Secondary system, the local school system must coordinate with the local governing body to approve a §33.2-325 resolution and complete the process. The Residency then completes an HSC assembly sent to the Office of Land Use for final approval (see DOTi site for template).

Section 33.2-325 public school access roads do not require localities to post surety and fees.

Before street acceptance, school access road must meet standards for expected traffic, as outlined in Section 8 of Appendix B(1) in VDOT’s Road Design Manual and Appendix H of this Guide.

The accepted roadway must be clearly defined and not part of a parking

lot; however, the travel way through a parking lot may be added as a public school access road.

The School Board and Board of Supervisors must guarantee an unencumbered ROW or perpetual easement. For towns under 3,500 residents that do not maintain roads, the county, not Town Council, must approve the §33.2-325 public school road addition, as schools are county jurisdiction.

The right-of-way for new school access roads must be wide enough for all VDOT-maintained roadway elements, but at least 40 feet, per VDOT’s Road Design Manual.

If a road serves land beyond the school, that part is a standard Secondary addition, not a school access road, and must meet SSAR or SSR design requirements, with the non-school portion assigned a different route.

number.

Procedures for abandoning or discontinuing public school access roads are the same as for other Secondary roads.

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Public School Access Roads (continued)

Example of a §33.2-325 Public School Access Road Addition

In the sketch below, the 0.31-mile segment AB (in red) is added to the Secondary

system as a §33.2-325 Public School Access Road for a public elementary school.

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j. VDOT Projects and Highway System Changes

All projects changing road centerline mileage must complete the HSC process to authorize VDOT funding and ensure accurate inventory for maintenance budgeting.

These required HSCs will follow the guidance and processes outlined in this document.

If VDOT staff has any questions regarding HSCs for VDOT Projects, the Office of Land Use should be contacted.

k. Locally Administered Projects (LAP’s)

Localities may fund new roads or changes with county, town, state, or federal funds. VDOT assists via LAP staff at district level; LAPs include Revenue Sharing, Economic Development, Recreational, and Enhancement projects.

LAP-constructed highway changes without CTB funds require localities to post surety and fees to VDOT.

Code sections for LAP highway changes are the same as for other system changes. Contact Residency, District Land Use, or the Office of Land Use if unsure.

l. Recreational Access Roads & Economic Development Access Road Projects Additions can be made to the Secondary system that are a result of Recreational Access and Economic Development Access projects. These programs are administered by VDOT’s Local Assistance Division and related staff at the Districts. Recreational and

These additions do not require localities to post surety or fees to VDOT.

For projects in VDOT-maintained localities changing centerline miles, a highway system change assembly is required, with resolution confirming standards met and requesting Secondary system changes.

changes be approved by VDOT. The HSC assembly will also include the CTB resolution allocating the related access funds. The applicable Secondary system Code sections (e.g. §33.2-705, §33.2-912) are used for these changes.

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7. Appendix Sections

Various issues may affect the highway system change process; Appendices provide instructional info to assist VDOT staff.

This Guide section includes the following appendices

a. Guide to Highway System Legal Changes b. History of the Secondary System of State Highways c. Commonwealth Transportation Board Highway System Change Process

and Approval Documents d. Guidelines for Virtual Public Participation for Highway Changes e. SSAR Refresher Section f. R-O-W Types and Related Information g. Local Street Construction Inspection Programs h. Minimum Standards for Public School Roads i. Special Measurements j. Towns Governed by §33.2-339 and §33.2-340 for Additions k. Locality Resolutions and Letter of Support l. SSAR and SSR Sureties and Fees m. Agreements n. RIMS System and HSC Assemblies o. Data Corrections p. Length Corrections in RIMS q. Highway System Change Sketch Standards and Examples r. Submitting Highway System Change Assemblies

s. VDOT Abandonment and Discontinuance Confirmation Form t. Appeal of Abandonments & Discontinuances After Approval u. Highway Research Requests v. Transfers of Roads Between the VDOT & Urban Systems w. Glossary

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a. Guide to Highway System Legal Changes

The table lists most highway changes, including Code section, description, required local action, and approving authority. The Guide's Primary and Secondary sections detail these

system changes.

Primary System Code Description Requirements §33.2-310 Additions to Primary 1. Description: Additions to Primary System Route – Involving when the relocation of a road is involved.

Primary Relocations Usually occurs with abandonment or discontinuance.

2. Local Action: Local Governing Body resolution or letter of support
3. Approval: Commissioner approves via VDOT programming; Office of Land Use accepts in RIMS

§33.2- Additions to Primary 1. Description: Additions to Primary System 314.A Route – Involving New when a new road or a bypass is built Primaries & Bypasses 2. Local Action: Local Governing Body resolution or letter of support

3. Approval: CTB approval §33.2- Abandonment of 1. Description: Abandonment of a Primary 902 Primary Route - Route when a replacement road is NOT Without Replacement built. Public notification process required.

Road 2. Agency Action: Public hearing willingness to abandon is posted

3. Local Action: Local Governing Body resolution or letter of support
4. Approval Authority: Commonwealth Transportation Board (CTB) approval

Note: Maximum four months between public hearing/posting and CTB action; longer requires restart.

85

[TABLE 85-1] Primary System | | Code | Description | Requirements §33.2-310 | Additions to Primary Route – Involving Primary Relocations | 1. Description: Additions to Primary System when the relocation of a road is involved.

This usually takes place in conjunction with an abandonment or discontinuance.

2. Local Action: Local Governing Body resolution or letter of support
3. Approval Authority: Commissioner approves construction via VDOT Programming and Office of Land Use accepts completed project in RIMS §33.2-314.A | Additions to Primary Route – Involving New Primaries & Bypasses | 1. Description: Additions to Primary System when a new road or a bypass is built
4. Local Action: Local Governing Body resolution or letter of support
5. Approval Authority: Commonwealth Transportation Board (CTB) approval §33.2-902 | Abandonment of Primary Route -Without Replacement Road | 1. Description: Abandonment of a Primary Route when a replacement road is NOT built. Public notification process required.
6. Agency Action: Public hearing willingness to abandon is posted
7. Local Action: Local Governing Body resolution or letter of support
8. Approval Authority: Commonwealth Transportation Board (CTB) approval Note: Maximum four months between public hearing/posting and CTB action; longer requires restart.

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§33.2- Abandonment of 1. Description: Abandonment to the Primary 906 Primary Route - With System involving the construction of a Replacement Road OR replacement road(s) which serves the same Related to a users as the abandoned road(s) OR an Construction or abandonment directly related to a Maintenance Project construction or maintenance project without

a replacement road (use of latter alternative must be approved by Chief Engineer)

2. Local action: Governing Body resolution or support letter
3. Approval Authority: Chief of Policy has authority to approve via VDOT Commissioner delegation of authority §33.2- Discontinuance of 1. Description: Discontinuance of a Primary 901 Primary Route Route (do not pursue §33.2-901 Primary discontinuances after October 2024)
4. Local Action: Local Governing Body resolution or letter of support
5. Approval Authority: CTB approval §33.2- Transfer – From 1. Description: Takes place most often when 315.A Primary to Secondary a locality wants an existing road transferred

System or from from the Primary to the Secondary System Primary to Urban (no new related road construction takes System (Transfer not place). Also used when a road is related to new road transferred from the VDOT Primary to the construction) Urban system.

2. Local Action: Local Governing Body resolution or letter of support

3. Approval Authority: CTB approval Note: Total statewide non-construction §33.2-315.A transfers cannot exceed 150 miles per fiscal year §33.2- Transfer – From 1. Description: Transfer associated with the 315.B Primary to Secondary construction of a road(s) related to a Land System (Transfer Use, VDOT construction project, related to new road maintenance project, locally administered construction) project, etc.

4. Local Action: Local Governing Body resolution or letter of support

5. Approval Authority: VDOT Commissioner approval with Chief Engineer’s recommendation Note: No mileage limit for this transfer type

86

[TABLE 86-1] §33.2-906 | Abandonment of Primary Route with Replacement or related to construction/maintenance. 1. Description: Abandonment involving replacement roads or without, requiring Chief Engineer approval.

2. Local action: Local Governing Body resolution or letter of support
3. Approval Authority: Chief of Policy, delegated by VDOT Commissioner §33.2-901 | Discontinuance of Primary Route | 1. Description: Discontinuance of a Primary Route (not pursued after October 2024 §33.2-901)
4. Local Action: Local Governing Body resolution or letter of support
5. Approval Authority: CTB approval §33.2-315A | Transfer – From Primary to Secondary or Urban System (no new construction) | 1. Description: Usually when a locality transfers an existing road from Primary to Secondary or Urban system, with no new construction.
6. Local Action: Local Governing Body resolution or letter of support
7. Approval Authority: CTB approval Note: Total statewide non-construction §33.2-315.A transfers cannot exceed 150 miles per fiscal year §33.2-315.B | Transfer – From Primary to Secondary System (Transfer related to new road construction) | 1. Description: Transfer associated with the construction of a road(s) related to a Land Use, VDOT construction project, maintenance project, locally administered project, etc.
8. Local Action: Local Governing Body resolution or letter of support
9. Approval Authority: VDOT Commissioner approval with Chief Engineer’s recommendation Note: There is no mileage limitation related to this type of construction associated transfer

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§33.2- Additions to State 1. Description: Additions to state park roads 311 Parks 2. Local Action: DCR letter of request

3. Approval Authority: VDOT Commissioner approval

§33.2- Addition of Institutional 1. Description: Additions to state institutional 313 Roads (e.g. State roads such as state colleges, universities, university, prison) prisons, and psychiatric facilities

2. Local Action: Resolution or letter from the Governing Board (e.g.

University Board, Department of Corrections)

3. Approval Authority: Office of Land Use Director or Highway Systems Program Manager via delegation from the Commissioner VDOT must submit all U.S. Highway and Interstate route changes to AASHTO and FHWA (for Interstates only) for final approval.

Secondary System

Code Description Requirements §33.2- Additions to Secondary 1. Description: Most Additions to Secondary 705 Route System including “No Cost” Rural Additions

2. Local Action: Local Governing Body resolution or letter of support
3. Approval Authority: Office of Land Use via delegation from the Commissioner §33.2- Abandonment of 1. Description: Abandonment of a Secondary 909 Secondary Route – Route when a replacement road is NOT Without Replacement built. Public notification process required.

Road 2. Local Action: Local Governing Body resolution, including public notice of intent and notification of abandonment.

VDOT

3. Approval Authority: Office of Land Use, via delegation from the Commissioner, accepts abandonment. Note: Locality notifies Wildlife Resources if abandonment affects water or boat landing.

87

[TABLE 87-1] §33.2-311 | Additions to State Parks | 1. Description: Additions to state park roads

2. Local Action: DCR letter of request
3. Approval Authority: VDOT Commissioner approval §33.2-313 | Addition of Institutional Roads | 1. Description: Additions to state institutional roads like colleges, prisons, psychiatric facilities.
4. Local Action: Resolution or letter of request from the related Governing Board (e.g.

University Board, Department of Corrections)

3. Approval Authority: Office of Land Use Director or Highway Systems Program Manager via delegation from the Commissioner

[/TABLE]

[TABLE 87-2] Secondary System | | Code | Description | Requirements §33.2-705 | Additions to Secondary Route | 1. Description: Most Additions to Secondary System including “No Cost” Rural Additions

2. Local Action: Local Governing Body resolution or letter of support
3. Approval Authority: Office of Land Use via delegation from the Commissioner §33.2-909 | Abandonment of Secondary Route | 1. Description: Abandonment when no replacement road is built. Public notification required.
4. Local Action: Local Governing Body resolution, including public notice of intent and notification of abandonment.

VDOT

3. Approval Authority/Official Response: Office of Land Use, via delegation from the Commissioner, accepts the abandonment Note: Locality notifies Department of Wildlife Resources if abandonment ends at water or affects a public boat landing

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§33.2- Abandonment of 1. Description: Abandonment of a Secondary 912 Secondary Route – Route involving the construction of a With Replacement replacement road(s) which serves the Road OR Related to same users as the abandoned road(s) OR VDOT Construction or an abandonment directly related to a Maintenance Project construction or maintenance project without

a replacement road (use of latter alternative must be approved by Chief Engineer)

2. Local Action: Local Governing Body resolution or letter of support
3. Approval Authority: Chief of Policy has authority to approve via VDOT Commissioner delegation of authority §33.2- Discontinuance – 1. Description: Discontinuance of a 908.B Secondary Secondary road when no replacement Discontinuance with No road(s) is constructed. Public notification road replacement process required. constructed 2. Local Action: Local Governing Board resolution
4. Approval Authority: CTB approval

§33.2- Discontinuance – 1. Description: Discontinuance to the 908.C Secondary Secondary system involving the Discontinuance with the construction of a replacement road(s) construction of a which serve the same users as the replacement road OR discontinued road(s) OR an abandonment related to a directly related to a construction or Construction or maintenance project without a replacement Maintenance Project road (use of latter alternative must be approved by Chief Engineer)

2. Local Action: Local Governing Body resolution or letter of support
3. Approval Authority: VDOT Commissioner §33.2- Transfer – From 1. Description: Transfer from the Secondary 314.A Secondary to Primary to the Primary system that is not related to System (Transfer not the construction of a new road(s) related to new road 2. Local Action: Local Governing Body

construction) resolution or letter of support

3. Approval Authority: CTB approval Note: Total statewide §33.2-314.A transfers cannot exceed 50 miles per fiscal year §33.2- Transfer – From 1. Description: Transfer from the Secondary 314.B Secondary to Primary to Primary system related to the System (Transfer construction of a road(s) related to new road 2. Local Action: Local Governing Body construction) resolution or letter of support
4. Approval Authority: VDOT Commissioner

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[TABLE 88-1] §33.2-912 | Abandonment of Secondary Route – With Replacement or related to VDOT project | 1. Description: Abandonment of a secondary route with a replacement road serving the same users or related to a project without a replacement (approval required)

2. Local Action: Local Governing Body resolution or letter of support
3. Approval Authority: Chief of Policy has authority to approve via VDOT Commissioner delegation of authority §33.2-908.B | Discontinuance – Secondary Discontinuance with No road replacement constructed | 1. Description: Discontinuance of a Secondary road when no replacement road(s) is constructed. Public notification process required.
4. Local Action: Local Governing Board resolution
5. Approval Authority: CTB approval §33.2-908.C | Discontinuance – Secondary Discontinuance with the construction of a replacement road OR related to a Construction or Maintenance Project | 1. Description: Discontinuance to the Secondary system involving the construction of a replacement road(s) which serve the same users as the discontinued road(s) OR an abandonment directly related to a construction or maintenance project without a replacement road (use of latter alternative must be approved by Chief Engineer)
6. Local Action: Local Governing Body resolution or letter of support
7. Approval Authority: VDOT Commissioner §33.2-314.A | Transfer – From Secondary to Primary System (Transfer not related to new road construction) | 1. Description: Transfer from the Secondary to the Primary system that is not related to the construction of a new road(s)
8. Local Action: Local Governing Body resolution or letter of support
9. Approval Authority: CTB approval. Total transfers cannot exceed 50 miles/year §33.2-314A | Transfer – From Secondary to Primary (related to new construction) | 1. Description: Transfer involving construction of roads.
10. Local Action: Local Governing Body resolution or letter of support
11. Approval Authority: VDOT Commissioner

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§33.2- Addition of Public 1. Description: Access road addition from an 325 School Roads – existing publicly maintained road to public Elementary, Middle and school buildings High School 2. Local Action: Local Governing Body resolution

3. Approval Authority: Office of Land Use via

delegation from the Commissioner §33.2- Rural Addition – 1. Description: A qualified Rural Addition 335 Requiring Funds for which requires funds to be improved to Improvements meet VDOT standards

2. Local Action: Governing Body resolution with funding details

3. Approval Authority: Office of Land Use via delegation from the Commissioner §33.2- Town Addition 1. Description: This type of Addition uses 339 (Population less than Secondary funds but does not need to 3,500) – Road does meet specific VDOT standards – any NOT need to meet design requirements are at the discretion of VDOT standards the RA/RE (see note below regarding mileage limitation)

4. Local Action: Local Governing Body resolution

5. Approval Authority: Office of Land Use via delegation from the Commissioner Notes: No more than ¼ mile per fiscal year per locality. A town operates either under 33.2-339 or 33.2-340 (it cannot use both). §33.2- Town Addition 1. Description: This type of Town Addition 340 (Population less than needs to meet the ROW and design 3,500) – Road must requirements of §33.2-340, but does not meet minimal standards have an annual mileage limit
6. Local Action: Local Governing Body resolution
7. Approval Authority: Office of Land Use via delegation from the Commissioner Note: A town operates either under 33.2-339

or 33.2-340 (it cannot use both).

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[TABLE 89-1] §33.2-325 | Addition of Public School Roads – Elementary, Middle and High School | 1. Description: Access road addition from an existing publicly maintained road to public school buildings

2. Local Action: Local Governing Body resolution
3. Approval Authority: Office of Land Use via delegation from the Commissioner §33.2-335 | Rural Addition – Funded improvements | 1. Description: Rural Addition needing funds to meet VDOT standards.
4. Local Action: Local Governing Body resolution listing funding amounts and sources
5. Approval Authority: Office of Land Use via delegation from the Commissioner §33.2-339 | Town Addition (Population under 3,500) – Road need not meet VDOT standards | 1. Description: Uses Secondary funds but no specific VDOT standards; design is at RA/RE discretion (see note on mileage)
6. Local Action: Local Governing Body resolution
7. Approval Authority: Office of Land Use via delegation from the Commissioner Notes: No more than ¼ mile annually per locality. Towns operate under either 33.2-339 or 33.2-340 (not both). §33.2-340 | Town Addition (Population under 3,500) – Road must meet minimal standards | 1. Description: Needs to meet ROW and design requirements of §33.2-340 but has no mileage limit
8. Local Action: Local Governing Body resolution
9. Approval Authority: Office of Land Use via delegation from the Commissioner Note: A town operates under either 33.2-339 or 33.2-340 (not both).

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b. History of the Secondary System of State Highways

Prior to the Byrd Road Act of 1932, commonly referred to as the “Byrd Act,” the administrative responsibility for local public roads was under the jurisdiction of the local governing body of each county. Before this legislation, the “Secondary system of state

highways” did not exist.

The Byrd Act transferred local road authority from counties to the state, creating the Secondary system.

Counties electing to maintain their roads remained outside the Secondary system, which was placed under VDOT jurisdiction.

(VDOT).

Arlington, Henrico, Elizabeth City, and Warwick Counties initially maintained their roads; only Arlington and Henrico still control non-Primary roads; others were annexed.

The Byrd Act continued certain powers of the local governing bodies, including the powers to create or establish new public roads and the authority to extinguish the rights of the public to use certain public roads. For this reason, each element of the Secondary

system of state highways begins as a road developed with the local governing body’s acceptance of a road as part of the county’s local network of public roads. This is a prerequisite for any new local road to be accepted by VDOT for maintenance.

State-local partnership allows local authorities to retain some legislative powers, delegated others to VDOT, based on the following authority:

Control, supervision, management, and jurisdiction over the secondary system are vested in the Department of Transportation, with maintenance by the Commonwealth under the Transportation Commissioner’s supervision. -- §33.2-326

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c. CTB Highway System Change Process and Approval Documents

Common VDOT highway changes requiring CTB approval are:

1. Section 33.2-314.A – Addition of a new Primary road or bypass
2. Section 33.2-902 – Abandonment of a Primary road without a corresponding replacement road
3. Section 33.2-901 – Discontinuance of a Primary route
4. Section 33.2-315.A – Transfer of a Primary to a Secondary route not related to new construction and Primary to Urban transfer
5. Section 33.2-908.B – Discontinuance of a Secondary road without a corresponding replacement road
6. Section 33.2-314.A – Transfer of a Secondary to a Primary route not related to new construction

VDOT staff working with localities on these changes must inform the Office of Land Use promptly. There are three

main reasons for this

7. A statutory time limit exists for CTB approval of §33.2-902 abandonments; if missed, the entire highway change process restarts.
8. All CTB agenda items must be reviewed and approved by VDOT’s Governance Division. Land Use staff must draft the resolution and decision brief after receiving the complete highway assembly.
9. Monthly, CTB items must meet deadlines to be on the next agenda; if missed, the change waits until the next meeting.

Before the CTB meeting, the District or Residency must contact the district’s CTB member to discuss the item, inform the member of the recommendation, and to

answer any questions the member may have.

For questions about highway changes requiring CTB approval, contact the Office of Land Use.

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d. Guidelines for Virtual Public Participation for Highway Changes

Some highway changes require public hearings as mandated by the Code of Virginia.

Beginning in 2020, VDOT Land Use staff was required to balance this public hearing requirement with state restrictions related to gatherings in response to the COVID-19

pandemic. As a result, Bristol District staff developed the approach below. This hybrid approach encourages virtual participation as the primary means for providing public comment, while providing alternatives for those citizens without the capability or resources for virtual participation. This document is also located on the Office of Land Use DOTi site for easier access.

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[TABLE 92-1] Some highway changes require public hearings as mandated by the Code of Virginia.

[/TABLE]

[TABLE 92-2] Starting in 2020, VDOT Land Use staff balanced public hearing requirements with COVID-19 restrictions. Bristol District developed a hybrid approach prioritizing virtual participation, with alternatives for those lacking resources. This document is on the Office of Land Use DOTi site.

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Highway Change Public Hearings (continued)

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e. SSAR Refresher Section

Before 2009, VDOT managed the 2005 SSR, governing most secondary streets not built by VDOT.

In 2007, the General Assembly enacted §33.2-334 which directed the CTB to develop acceptance requirements that would improve the connectivity of road and pedestrian

networks, minimize stormwater runoff and impervious surfaces, and update performance bonding and administrative cost recovery fees.

The initial SSAR regulation was approved by CTB in February 2009.

In 2011, Chapter 870 required CTB to solicit public input and revise SSAR, leading to significant changes and reduced requirements.

In 2022, Chapter 425 amended SSAR to allow flexibility in limiting connections to adjacent properties or highways. VDOT convened a stakeholder group in 2022-2023 to recommend amendments.

The group included development, local government, environmental groups, and VDOT representatives.

Chapter 425 revisions to SSAR took effect on December 18, 2024, including:

1. Use “including but not limited to” instead of “such as” when listing reasons for connectivity exceptions.
2. Add “underground utility trunk easement” as an explicit reason for approving a SSAR connectivity exception
3. New reason to approve SSAR connectivity exception: Each network addition of multi-phased development does not need to individually meet SSAR connectivity requirements if the original approved overall development meets SSAR connectivity requirements & the additional phase of the development

Allowing network additions to meet connectivity during construction

4. Developer may request a written opinion from the locality on connectivity exceptions for Subsection #3.b, related to over 200 units or 2,000 vehicles/day, per 24VAC30-92-60 C.3.b.

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SSAR Refresher Section (continued)

SSAR Grandfathering

1. 2011 SSAR supersedes the 2005 SSR and the 2009 SSAR
2. Developments submitted prior to July 2009 may use the 2005 SSR
3. Developments submitted between July 1, 2009 and January 31, 2012 may use

either version of the SSAR

4. Plans submitted after January 2012 must use the 2011 SSAR
5. Grandfathered 2009 SSAR developments typically use the 2011 SSAR requirements.
6. Subdivision Street Design Guide: SSR uses Appendix B; SSAR additions use Appendix B(1) of VDOT Road Design Manual.
7. See SSAR Grandfathering section for plan, plat, sketch details. Contact Office of Land Use for questions.

Some Major Requirements of the SSAR

8. Each network addition must have at least two vehicular access points: one to a public road and one SSAR stub out.
9. If only one connection (dead end or cul-de-sac), a SSAR connectivity exception must be granted by the District Administrator or Designee.

the addition to be accepted into the VDOT system for maintenance.

3. Pedestrian accommodations are required for some developments, mainly based on median lot size.
4. Third-party inspection is only allowed for SSAR additions.

SSAR Waivers (VA Administrative Code sections noted)

5. SSAR applicability may be waived by the Commissioner – Section VAC30-92-

20(C)

2. District Administrator may waive connection to an existing, state-maintained stub if unsafe – Section VAC30-92-60(C.1).
3. District Administrator’s Designee may waive/modify the “additional connections standard” if any of four situations make the connection impractical (not all districts have Designees) – Section VAC30-92-60(C.3).
4. Connectivity requirements for a network addition can be waived/modified by District Administrator’s Designee – Section VAC30-92-60(C.5)
5. Commissioner or his Designee (the Director of the Office of Land Use) can waive

surety and fees with extenuating circumstances beyond developer's control – Section VAC30-92-140

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f. Right-of-Way Types and Related Information

VDOT recognizes three basic road types

1. Private Roads: Roads not open to the public, not maintained publicly, and serve only abutting properties. The right of way is privately owned and not managed by the locality or VDOT (e.g., gated

subdivisions).

2. Locality (or County) Roads: Roads dedicated to public use but not part of VDOT systems. Examples include undeveloped subdivision streets, streets maintained by the locality or a private organization (e.g., homeowners’ association), and roads not meeting VDOT’s public benefit criteria.

Right of Way associated with these streets is typically owned by the locality.

3. VDOT Roads: Roads that have been officially accepted as part of either the Primary or Secondary System of State Highways. Right of Way for VDOT roads can be owned by VDOT, the locality, another state agency (e.g. Department of Wildlife Resources or DCR), a state funded institution (e.g. DOC sites or public colleges & universities), or federal agency.

The right of way with VDOT maintained roads can usually be categorized into four types:

4. Prescriptive Easement: Right of way by prescription generally only applies to roads

Accepted into the Secondary System via the 1932 Byrd Act, localities must guarantee right of way for new additions by resolution. Ownership of prescriptive easements remains with fee simple owners; VDOT holds an easement for maintenance. The 30-foot width is based on §33.2-105.

2. Dedicated Right of Way: Right of way dedicated to public use under §15.2-2265 is owned by the locality. When requesting VDOT maintenance, the locality transfers regulatory and maintenance authority, not ownership.
3. Deeded Right of Way: Fee simple ownership by the locality or Commonwealth via recorded deed in the locality where the road is located.
4. Permanent Roadway Easement: Sometimes known as a “Federal Land Transfer/Highway Easement Deed,” is an easement for the highway on Federal

The Federal Agency owns the land, but VDOT has rights to construct and maintain the highway.

For prescriptive easement roads, abandonment automatically extinguishes the easement; no formal document is needed. For fee simple roads, abandonment requires a real estate transaction to transfer ownership or rights.

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g. Local Comprehensive Street Construction Inspection Program

Two Virginia counties, Fairfax and Prince William, have agreements with VDOT to administer local Secondary street inspection programs.

These programs' requirements must be followed for inspecting and testing streets to be accepted into the state system.

Since county governments perform inspections, the one-year surety is waived and inspection fees are reduced for additions in Fairfax and Prince William.

h. Minimum Standards for Public School Roads

Public school roads using §33.2-325 are discussed in Section 6(i). Design must follow VDOT’s Road Design Manual and Subdivision Street Design Guide.

The table below shows geometric standards for school bus routes. Refer to VDOT’s Road Design Manual for more guidance.

GEOMETRIC DESIGN STANDARDS FOR SCHOOL BUS ACCESS ROADS

ONE WAY SHOULDER & DITCH SECTION CURB & GUTTER SECTION

PAVEMENT WIDTH 15 FEET 15 FEET

SHOULDER WIDTH 2 FEET EACH SIDE (1) N/A

PARKING PROHIBITED PERMITTED (2)

MINIMUM TURNING RADIUS 45 FEET 45 FEET

TWO WAY SHOULDER & DITCH SECTION CURB & GUTTER SECTION

PAVEMENT WIDTH 24 FEET 24 FEET

SHOULDER WIDTH 6 FEET EACH SIDE (1) N/A

PARKING PROHIBITED PERMITTED (2)

MINIMUM TURNING RADIUS 45 FEET 45 FEET (1): If guardrail is required, increase shoulder width by 4 feet. (2): Parking lanes are 7 feet wide minimum and include the gutter pan width in curb & gutter sections.

NOTE: The gutter pan is part of parking lanes, not the travelway.

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[TABLE 97-1]

GEOMETRIC DESIGN STANDARDS FOR SCHOOL BUS ACCESS ROADS | |

ONE WAY | SHOULDER & DITCH SECTION | CURB & GUTTER SECTION

PAVEMENT WIDTH | 15 FEET

SHOULDER WIDTH | 2 FEET EACH SIDE (1) | N/A

PARKING | PROHIBITED | PERMITTED (2)

MINIMUM TURNING RADIUS | 45 FEET

TWO WAY | SHOULDER & DITCH SECTION | CURB & GUTTER SECTION

PAVEMENT WIDTH | 24 FEET

SHOULDER WIDTH | 6 FEET EACH SIDE (1) | N/A

PARKING | PROHIBITED | PERMITTED (2)

MINIMUM TURNING RADIUS | 45 FEET (1): If guardrail is required, increase shoulder width by 4 feet. | | (2): Parking lanes are 7 feet wide minimum and include the gutter pan width in curb & gutter sections. | | NOTE: The gutter pan is not considered a portion of the travelway, but is a portion of any parking lanes | |

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i. Special Measurements

Roundabouts

The design standards for roundabouts maintained by VDOT are in Appendix F of the Road Design Manual. Measurement of centerline mileage for new secondary system roundabouts is described below.

Centerline mileage for a roundabout should be measured to its geometric center, not the circumference of the alignment.

Roundabout Measurement

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Special Measurements (continued)

Standard Cul-De-Sacs: Measure along the centerline from the nearest intersection to the cul-de-sac center plus the pavement radius (L1 + L2).

Standard Cul-De-Sac Measurement

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Special Measurements (continued)

Offset (Bulb) Cul-De-Sacs: Measure from the nearest intersection to the Point of Offset (L1), then add the offset (L2) and pavement radius (L3).

Offset (Bulb) Cul-De-Sac Measurement

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Special Measurements (continued)

Cul-De-Sacs with a Center Island: Measure from the nearest intersection to the intersection with the cul-de-sac centerline (L1), then add the cul-de-sac circumference (L2).

CUL-DE-SAC WITH CENTER ISLAND MEASUREMENT

NOTE: In this example, traffic is bi-directional. However, traffic may be bi-directional or one-way for this type of cul-de-sac. This directional detail needs to be denoted when

entering the segment data into RIMS. When entering the route data into RIMS, separate PI’s are entered for the road leading to the cul-de-sac and for the cul-de-sac itself.

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j. Towns Governed by §33.2-339 and §33.2-340 for Additions

Incorporated towns with populations under 3,500 can add streets to the Secondary

system using §33.2-339 or §33.2-340. Towns selected which of these Code sections should be used for related additions.

The following are the current lists of towns operating pursuant to §33.2-339 and §33.2-340. In the event a town requests to change its Code section designation for Secondary additions, please contact the Office of Land Use. These requests require the approval of the CTB.

Towns Adding Roads using §33.2-339

1. Accomack – Accomack County, Hampton Roads District
2. Alberta – Brunswick County, Richmond District
3. Amherst – Amherst County, Lynchburg District
4. Appomattox – Appomattox County, Lynchburg District
5. Belle Haven – Accomack and Northampton Counties, Hampton Roads District
6. Bloxom – Accomack County, Hampton Roads District

7. Boones Mill – Franklin County, Salem District

8. Bowling Green – Caroline County, Fredericksburg District

9. Boyce – Clarke County, Staunton District 10. Boydton – Mecklenburg County, Richmond District 11. Boykins – Southampton County, Hampton Roads District 12. Branchville – Southampton County, Hampton Roads District 13. Capron – Southampton County, Hampton Roads District 14. Charlotte – Charlotte County, Lynchburg District 15. Cheriton – Northampton County, Hampton Roads District 16. Claremont – Surry County, Hampton Roads District 17. Clarksville – Mecklenburg County, Hampton Roads District 18. Cleveland – Russell County, Bristol District 19. Clifton – Fairfax County, NOVA District 20. Clinchport – Scott County, Bristol District 21. Clintwood – Dickenson County, Bristol District 22. Clover – Halifax County, Lynchburg District 23. Coeburn – Wise County, Bristol District 24. Columbia – Fluvanna County, Culpeper District

10. Courtland – Southampton County, Hampton Roads District 26. Dayton – Rockingham County, Staunton District 27. Dendron – Surry County, Hampton Roads District 28. Dillwyn – Buckingham County, Lynchburg District 29. Drakes Branch – Charlotte County, Lynchburg District 30. Dungannon – Scott County, Bristol District 31. Eastville – Northampton County, Hampton Roads District 32. Edinburg – Shenandoah County, Staunton District 33. Exmore – Northampton County, Hampton Roads District

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Towns Adding Roads using §33.2-339 (continued)

34. Fincastle – Botetourt County, Salem District 35. Floyd – Floyd County, Salem District 36. Fries – Grayson County, Bristol District 37. Gate City – Scott County, Bristol District 38. Glade Spring – Washington County, Bristol District

35. Glen Lyn – Giles County, Salem District 40. Gordonsville – Orange County, Culpeper District 41. Goshen – Rockbridge County, Staunton District 42. Gretna – Pittsylvania County, Lynchburg District 43. Grundy – Buchanan County, Bristol District 44. Halifax – Halifax County, Lynchburg District 45. Hallwood – Accomack County, Hampton Roads District 46. Hamilton – Loudoun County, NOVA District 47. Haymarket – Prince William County, NOVA District 48. Haysi – Dickenson County, Bristol District 49. Duffield – Scott County, Bristol District 50. Hillsboro – Loudoun County, NOVA District 51. Hillsville – Carroll County, Salem District 52. Honaker – Russell County, Bristol District 53. Independence – Grayson County, Bristol District 54. Iron Gate – Alleghany County, Staunton District

36. Irvington – Lancaster County, Fredericksburg District 56. Ivor – Southampton County, Hampton Roads District 57. Jarratt – Greensville and Sussex Counties, Hampton Roads District 58. Jonesville – Lee County, Bristol District 59. Keller – Accomack County, Hampton Roads District 60. Kenbridge – Lunenburg County, Richmond District 61. Keysville – Charlotte County, Lynchburg District 62. Kilmarnock – Lancaster and Northampton Counties, Fredericksburg District 63. LaCrosse – Mecklenburg County, Richmond District 64. Lawrenceville – Brunswick County, Richmond District 65. Louisa – Louisa County, Culpeper District 66. Lovettsville – Loudoun County, NOVA District 67. Madison – Madison County, Culpeper District 68. McKenney – Dinwiddie County, Richmond District 69. Melfa – Accomack County, Hampton Roads District 70. Middleburg – Loudoun County, NOVA District

37. Middletown – Frederick County, Staunton District 72. Mineral – Louisa County, Culpeper District 73. Monterey – Highland County, Staunton District 74. Montross – Westmoreland County, Fredericksburg District 75. Mount Crawford – Rockingham County, Staunton District 76. Mount Jackson – Shenandoah County, Staunton District 77. Nassawadox – Northampton County, Fredericksburg District 78. New Castle – Craig County, Salem District

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Towns Adding Roads using §33.2-339 (continued)

79. New Market – Shenandoah County, Staunton District 80. Newsoms – Southampton County, Hampton Roads District 81. Nickelsville – Scott County, Bristol District 82. Occoquan – Prince William County, NOVA District 83. Onancock – Accomack County, Hampton Roads District

80. Onley – Accomack County, Hampton Roads District 85. Painter – Accomack County, Hampton Roads District 86. Pamplin City – Appomattox and Prince Edward Counties, Lynchburg District 87. Parksley – Accomack County, Hampton Roads District 88. Pembroke – Giles County, Salem District 89. Pennington Gap – Lee County, Bristol District 90. Phenix – Charlotte County, Lynchburg District 91. Pocahontas – Tazewell County, Bristol District 92. Port Royal – Caroline County, Fredericksburg District 93. Pound – Wise County, Bristol District 94. Quantico – Prince William County, NOVA District 95. Remington – Fauquier County, Culpeper District 96. Rich Creek – Giles County, Salem District 97. Ridgeway – Henry County, Salem District 98. Round Hill – Loudoun County, NOVA District 99. Rural Retreat – Wythe County, Bristol District

81. Saint Charles – Lee County, Bristol District 101. Saint Paul – Russell and Wise Counties, Bristol District 102. Saxis – Accomack County, Hampton Roads District 103. Scottsburg – Halifax County, Lynchburg District 104. Scottsville – Albemarle and Fluvanna Counties, Culpeper District 105. Shenandoah – Page County, Staunton District 106. Stanardsville – Greene County, Culpeper District 107. Stanley – Page County, Staunton District 108. Stephens City – Frederick County, Staunton District 109. Stoney Creek – Sussex County, Hampton Roads District 110. Stuart – Patrick County, Salem County 111. Surry – Surry County, Hampton Roads District 112. Tangier – Accomack County, Hampton Roads District 113. Tappahannock – Essex County, Fredericksburg District 114. The Plains – Fauquier County, Culpeper District 115. Timberville – Rockingham County, Staunton District

82. Urbanna – Middlesex County, Fredericksburg District 117. Wachapreaque – Accomack County, Hampton Roads District 118. Wakefield – Sussex County, Hampton Roads District 119. Warsaw – Richmond County, Fredericksburg District 120. Washington – Rappahannock County, Culpeper District 121. Waverly – Sussex County, Hampton Roads District 122. Webber City – Scott County, Bristol District

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Towns Adding Roads using §33.2-339 (continued)

123. West Point – King William County, Fredericksburg District; White Stone – Lancaster County, Fredericksburg District; Windsor – Isle of Wight County, Hampton Roads District

Towns Adding Roads using §33.2-340

126. Appalachia – Wise County, Bristol District
127. Cape Charles – Northampton County, Hampton Roads District
128. Cedar Bluff – Tazewell County, Bristol District
129. Chatham – Pittsylvania County, Lynchburg District
130. Chilhowie – Smyth County, Bristol District
131. Craigsville – Augusta County, Staunton District
132. Crewe – Nottoway County, Richmond District
133. Damascus – Washington County, Bristol District
134. Glasgow – Rockbridge County, Staunton District; Hurt – Pittsylvania County, Lynchburg District; Victoria – Lunenburg County, Richmond District

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k. Locality Resolutions and Letters of Support

Highway system changes require a resolution or a letter of support from the local governing body or state institution in order to be completed. The Office of Land Use DOTi page that includes these document templates in Word format so they can be edited for a

specific highway change. If a specific resolution is needed and is not included on this site, please contact the Office of Land Use.

Highway system change assemblies may include more than one type of change. When this occurs, the changes should generally be addressed in the resolution or letter of support in the following order:

• Abandonments
• Discontinuances
• Transfers

• Renumbering

• Additions

In 2018, the Office of Land Use received approval from VDOT Chief of Policy to use support letters instead of resolutions in certain cases. The letter is on the OLU DOTi page.

The guidelines for using the letter of support are

• For VDOT Projects Only (including LAP’s with VDOT Project and UPC numbers which meet the requirements below)
• Related ROW must be owned by VDOT or the Commonwealth

• Not for SSAR, SSR, or Rural Additions

• VDOT secondary street construction must be completed on or after July 1, 2011 (not applicable to Primary changes).

For questions about support letters, contact the Office of Land Use.

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l. SSAR and SSR Sureties and Fees

A developer must guarantee the quality of construction and the performance of streets intended for VDOT acceptance. The developer must follow all of VDOT’s construction and inspection procedures in order for newly constructed streets to be accepted into the

Secondary system (this Guide describes street addition requirements and whether surety and fees must be paid to VDOT).

Note: Fairfax and Prince William Counties' comprehensive Inspection Programs exempt additions from sureties.

SSAR Added Streets - Developers must provide the following for roads governed by SSAR:

1. Surety to warranty proper street construction - $3,000 per tenth of a lane mile and any portion thereafter
2. Street Inspection Fee – Funds VDOT’s inspection costs: a. $250 base rate per addition, regardless of length; b. $125 per tenth of a centerline mile or part thereafter
3. Street Inspection Fees for Fairfax and Prince William Counties, Third Party

Inspected Projects using VDOT’s Inspection Program – 75% reduction of standard Street Inspection Fee

4. Administrative Cost Recovery Fee – To recover review and acceptance costs: a. $500 base per addition b. $250 per tenth mile or part thereafter

SSR Added Streets - Developers must provide the following for roads governed by SSR:

1. Surety to warranty proper street construction - $2,000 per tenth lane mile or part thereafter
2. Maintenance Fee - $150 per lane per tenth mile or portion thereof

3. Maintenance Fees for Fairfax and Prince William Counties – 50% of standard base fee

4. Administrative Cost Recovery Fee – The “prevailing fee” within SSAR: a. $500 base per addition; b. $250 per tenth mile or part

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SSAR and SSR Sureties and Fees (continued)

Forms of Surety - Acceptable include:

1. Performance Bond – Held by VDOT Residency until expiration
2. Cash Deposit – Held and deposited by VDOT, but does not accrue interest
3. Certified Cashier’s Check – Held and deposited by VDOT, does not

accrue interest

4. Irrevocable Letter of Credit – Original held by VDOT’s Fiscal Division until expiration
5. Third Party Escrow Account – Executed by VDOT until expiration. VDOT, the Commonwealth, or any state agency shall not be escrow agent.
6. Other surety acceptable to VDOT and developer

Locality Guarantee of Surety: Instead of a traditional surety, a locality can guarantee new roads via its acceptance resolution, which can replace developer surety when they cannot provide it or when the locality is the SSR/SSAR developer. The governing body then assumes financial responsibility.

Contact the Office of Land Use with questions about this resolution.

Surety Expiration Dates & RIMS System: When VDOT staff enter an addition assembly in RIMS, they will enter the locality’s resolution date and RIMS will calculate a “Recommended Expiration Date”. This recommended expiration date is the locality’s resolution date, plus one year and one month.

The recommended expiration date appears in RIMS but must be finalized by the Residency.

To extend the surety expiration date, the Residency can amend it before submitting to the Office of Land Use. After submission, only the Office of Land Use or RIMU can change it, or reassign the HSC assembly for revision.

resubmittal.

If final inspections require extending the surety, Residency contacts RIMU to reopen the HSC assembly and change the date. Developers must contact the financial institution to extend the surety and provide VDOT with the revised document.

108

[TABLE 108-1] The expiration date appears in RIMS but must be finalized by the Residency.

To extend the surety date, Residency can amend it before submission; after, only the Office of Land Use or RIMU can change it, or reassign the HSC for revision.

If Residency or District staff needs to extend the surety expiration date based on the final street inspections, the Residency must contact the RIMU Section. The RIMU Section will reopen the HSC assembly and change the surety expiration date. It is the responsibility of the developer to contact the financial institution to officially extend the surety expiration date and to provide VDOT a copy of the revised surety document.

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VDOT Surety and Fee Requirements

Surety and fees are NOT required for

1. VDOT Projects

2. Projects funded wholly or partly by CTB allocations

3. Town additions related to §33.2-339
4. Institutional roads – §33.2-313
5. State Park roads – §33.2-311
6. No Cost Rural Additions – §33.2-705
7. Cost Rural Additions – §33.2-335
8. Public School roads – §33.2-325
9. Economic Development Access project additions (Industrial Access & Airport Access Programs were merged with this program as a part of §33.2-1509) 10. Recreational access road additions – §33.2-1510

Surety and fees are required for

1. Developer built projects – SSAR & SSR additions
2. Town additions related to §33.2-340
3. Locally administered projects without CTB funds

No surety required; fees are required

1. Fairfax and Prince William County additions (own inspection programs, no surety required)
2. Additions guaranteed by local governing body in approved resolution (instead of surety)

109

[TABLE 109-1] VDOT Surety and Fee Requirements | | Surety and fees are NOT required for: | | | 1. VDOT Projects | | 2. Any project that is funded all or partially by CTB approved allocations | | 3. Town additions related to §33.2-339 | | 4. Institutional roads – §33.2-313 | | 5. State Park roads – §33.2-311 | | 6. No Cost Rural Additions – §33.2-705 | | 7. Cost Rural Additions – §33.2-335 | | 8. Public School roads – §33.2-325 | | 9. Economic Development Access project additions (Industrial Access & Airport | | Access Programs were merged with this program as a part of §33.2-1509) | | 10. Recreational access road additions – §33.2-1510 | Surety and fees are required for: | | | | 1. Developer built projects – SSAR & SSR additions | | 2. Town additions related to §33.2-340 | | 3. Locally administered projects without CTB funds

[/TABLE]

[TABLE 109-2] No surety required; fees are required: | | 1. Fairfax and Prince William County additions (these counties have their own | inspection programs and developer projects do not need to pay sureties) | 2. Additions for which the local governing body guarantees the quality | of the road(s) in the approved resolution (in lieu of conventional surety)

[/TABLE]

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m. Agreements

Additions to the state highway system require legal agreements for acceptance, including subordination of rights, quitclaims, stormwater, pedestrian outside ROW, dam crossings, and grade separation.

The Office of Land Use provides DOTi templates in Word for editing per situation.

Most agreements need company and County endorsement before submission; signatures must be notarized. Three originals go to Land Use for review, signature, notarization, before street addition.

After final signature, an electronic copy is sent to VDOT Residency/District; Land Use keeps one original, others are returned; one must be recorded locally.

Utilities may vacate easements if no facilities remain; submit vacation document to VDOT for review before recordation, including language confirming no facilities remain.

Contact the Office of Land Use for agreements not listed above.

SSAR and SSR require agreements in certain secondary additions; review and approval are legal for street acceptance, covering procedures, phased development, design, and requirements.

Examples include stormwater, pedestrian, dams, grade separation, special pavement, and easement subordination agreements.

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Agreements (continued)

In SSAR and SSR, “agreement” refers to the appropriate agreement type per situation.

Agreements are often required because crossing easements can encumber and hinder locality rights.

Guaranteeing unencumbered, unrestricted right of way as regulation requires.

Examples are available on the Office of Land Use DOTi site.

SOR and quitclaims are alternatives for unencumbered rights; VDOT staff advise, utilities choose. Quitclaims suit local-only utilities; SOR suits those serving beyond the area.

For easements crossing ROW accepted by VDOT, utility owners will

Utility will either sign a SOR or quitclaim rights to VDOT in exchange for a Land Use Permit; they may continue occupying the street and are responsible for damages.

A quitclaim extinguishes the easement; VDOT issues a Land Use Permit for utility stay until removal or relocation. Submit deeds for review before recordation.

A SOR subordinates a utility’s easement to

The SOR subordinates utility easements to VDOT or locality rights, often for ROW in the Secondary system; local endorsement is required before VDOT submission.

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Agreements (continued)

SOR is used for petrochemical and gas pipelines crossing new street ROW; easements remain if ROW is abandoned.

Using SOR requires separate Land Use Permits for existing and future facilities; easements stay in place, subordinate to VDOT, and restore if ROW is abandoned.

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n. RIMS System and HSC Assemblies

RIMS, managed by VDOT Maintenance, inventories state mileages, coordinates with RNS mapping, and assigns an ICR number to each HSC assembly.

for tracking purposes.

The Maintenance Division created the “RIMS Field User Training Guide” at the RIMS site under “Support” > “Training Document”.

Highway system change assemblies submitted to the Office of Land Use should include applicable components, preferably in one PDF.

1. Form AM-4.0 – Cover sheet with assembly location, type, resolution date, Code sections, surety, fees, SSAR/SSR, ICR number
2. Surety Type – Copy of Surety used or original Letter of Credit
3. Surety Addendum
4. Fees – Copy of all fee checks

5. Form AM-4.1 – Code section(s) used and assembly checklist

6. Form AM-4.2 – Description of each highway system change (one page per segment, including Public Service Requirement). A segment is designated as Proposed Inventory (PI) when entering an HSC assembly in RIMS.

7. Local Governing Body Resolution – Including correct Code section(s)
8. Form AM-4.3 – Listing all secondary local Board requested changes signed by official
9. Related Agreements (e.g., Stormwater Detention), VDOT Abandonment/Discontinuance Form (if applicable), and Street Assembly Sketch showing connections, segments, route numbers, lengths, and distances

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o. Data Corrections

VDOT completes data corrections for small errors or missing info related to highway change assemblies. No locality or CTB action is required; corrections are made via RIMS between Residencies, Land Use, and Maintenance.

Division. Examples of required data corrections include

• Mileage for original highway change may be incorrect; check with Office of Land Use for data correction
• Route number was entered incorrectly in original assembly
• Route re-numbering not requiring system transfer
• Major non-centerline mileage changes to roadway typical section (e.g., 2 to 4 lanes, widening, surface change, auxiliary lanes, curb & gutter, etc.)

VDOT has used two definitions for "Data Correction"; this section clarifies these moving forward.

This section covers minor administrative changes in centerline miles on VDOT roads that don't require legal actions. Corrections are entered in RIMS for existing roads, usually with one intersection segment.

This section covers mileage measurements between new additions and nearest existing VDOT intersections, called "mileage splits," used to locate new roads.

Data corrections are administrative revisions of highway inventory, not adding, deleting, or transferring mileage. No formal CTB or locality action is needed.

Corrections cannot substitute for legal highway system changes (e.g., addition, abandonment).

If VDOT staff questions whether a data correction is appropriate for a previous highway change, contact the Office of Land Use.

114

[TABLE 114-1] VDOT's two past definitions of "Data Correction" are clarified here and in the following section.

[/TABLE]

[TABLE 114-2] Covers minor administrative centerline mile changes on VDOT roads needing corrections in RIMS, typically on single-segment roads.

[/TABLE]

[TABLE 114-3] Describes mileage measurements between new additions and existing VDOT intersections, called "mileage splits," for locating new roads.

[/TABLE]

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p. Length Corrections in RIMS

“Length Correction” is now the official term for what Land Use previously called a “mileage split.”

Length Corrections are necessary to ensure that the location of all new intersections of

VDOT roads are accurately incorporated into RIMS and the RNS mapping system. For this reason, it is important to include Length Correction measurements for all new intersections with existing VDOT roads.

Example of Length Correction Measurement

In the example, Length Correction locates the new Route 1000 and Route 600 intersection (Node A), 0.35 miles from Route 600/700 (Node C) and 0.33 miles from Route 600/800 (Node D).

115

[TABLE 115-1] “Length Correction” replaces the previous term “mileage split.”

[/TABLE]

[TABLE 115-2] Length Corrections ensure new VDOT intersections are accurately incorporated into RIMS and RNS; measurements must be included for all new intersections.

[/TABLE]

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q. Highway System Change Sketch Standards and Examples

When Maintenance Division completes RIMS changes, examples of HSC assemblies with notes will be included in this section.

Highway System Sketch Standards

Affected sections or roads must be clearly defined on the sketch; color coding is encouraged but not sufficient alone.

Use named segments with end point designations; attached drawings are acceptable if detailed enough to locate termini in the field without survey crew. The RIMS-generated Form AM-4.3 provides the legal description, which must match the HSC sketch.

System changes apply to full right-of-way limits, based on centerline length between field-identified termini. Examples include Route 600 or cul-de-sac. RIMS uses a link-node system with nodes as termini and links as segments.

If color coding is used, the following standard scheme applies:

• Blue – Abandonments/Vacations
• Red – Additions
• Yellow – Discontinuances

• Orange – Transfers

• Green – Data Corrections (including re-numbering) and Length Corrections

• Black – Existing routes

Minimum elements for a highway system change sketch: required information includes:

• VDOT district, residency, & county

• Route number(s)

• VDOT project number/UPC or proposed action (e.g., Project 0600-083-101, C501, Beverly Hills Subdivision, or Route 600 Abandonment)

• Nodes/segments clearly defined
• Segment lengths listed
• Distance from nearest intersection involving VDOT maintained routes

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HSC Sketch Standards and Examples (continued)

Highway System Change Sketch Examples VDOT Projects

Main Components

• Include legend with VDOT Project identification, locality, color codes for highway changes, and date created
• Table must include route numbers, each highway change requested, segment letters, node/segment IDs, and segment lengths
• All roads which have proposed highway changes including segment letters and route numbers

• All connecting VDOT maintained roads including segment letters and route numbers for length corrections/Data Corrections

• VDOT structures and related identification numbers if applicable

• North arrow

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HSC Sketch Standards and Examples (continued)

Highway System Change Sketch Examples Subdivision Sketches

The example below contains the required components of a subdivision addition sketch.

The software or the format used does not matter as long as the sketch contains the correct

information, is neat, and easily readable.

Main Components

• Name of development and locality

• All new roads proposed for VDOT system, including route numbers, names, and segment lengths.

• All connecting roads currently in the VDOT system and route numbers
• SSAR-defined stub street locations identified
• Length corrections (i.e. mileage splits) identified and related distances
• North arrow

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HSC Sketch Standards and Examples (continued)

Example of Sketch Involving Multiple Localities

The sketch below shows a VDOT project involving two localities, a water crossing, various highway changes, bridge abandonment and addition, and length corrections for both localities.

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HSC Sketch Standards and Examples (continued)

Provisions Regarding Right-of-Way for Turnarounds

VDOT staff must recognize the nature of secured right-of-way

For new turnarounds, especially temporary ones with expected extension, preserve the full right of way width for extension and release surplus portions to landowners after extension.

Determine if turnaround right of way is fee or temporary easement.

Turnaround Example Sketch

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HSC Sketch Standards and Examples (continued)

Fee right of way areas shown on the sketch can be altered or vacated per §15.2-2006 after street extension, after consulting VDOT Residency.

no longer needed for roadway or drainage maintenance.

After alteration or vacation, the locality may convey areas per §15.2-2008, but must also consider local ordinances and consult counsel.

Fee right of way owned by the Commonwealth can be declared surplus upon street extension and conveyed per VDOT procedures.

Temporary easements shown on the sketch are automatically extinguished upon street extension; no further action needed from locality or CTB.

If street extension is expected, dedicate hatched areas as a temporary easement for turnaround until extension, avoiding further release actions.

Branch and T-Type turnarounds are for streets under 0.25 miles; other designs require merit review. Vehicle reversing ability must be proven. Measure mileage from centerline to extension or terminus.

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HSC Sketch Standards and Examples (continued)

Alternative Turnaround Examples

See Appendix B(1)-SSAR Design Guide of VDOT Road Design Manual for turnaround types and right of way requirements.

SSAR stub out streets can be accepted before extension if built to standards and signed; longer than 150 ft require a temporary turnaround and additional ROW.

outside of the through right of way width should be contained in a temporary easement.

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r. Submitting Highway System Change Assemblies

In 2020, the HSC Portal on DOTi was established for electronic submissions, reducing approval time, mailing costs, and transit loss.

Only two original documents are required by the Office of Land Use.

• Letters of Credit
• HSC agreements requiring original signatures and notarization

Mail original documents to VDOT Office of Land Use, ATTN: Highway Systems Program Manager, 1401 E Broad St, Richmond VA 23219, with copies of both documents.

s. VDOT Abandonment and Discontinuance Confirmation Form

Since August 2023, the form must be submitted with highway change assemblies involving abandonment/discontinuance. It ensures no loss of vehicular access and fulfills specific purposes.

• Ensures abandonment does not cause loss of access
• Verifies that abandonment is properly advertised, when applicable

• Documents which type of construction-related abandonment is being requested, when applicable

• Documents explaining why discontinuance is proper for the specific situation

This form is available on the “HSC Assembly Submittal Portal,” which now asks “Does this project involve an Abandonment or Discontinuance?” If “Yes,” an additional screen appears with this form.

123

[TABLE 123-1] r. Submitting Highway System Change Assemblies | During 2020 the Office of Land Use established the HSC Portal on the DOTi site so that | assemblies could be submitted electronically. The Portal allows Office of Land Use staff | to receive assemblies immediately, drastically reducing approval times and the cost of | mailing, and avoids assemblies being lost in transit. | There are only two original documents needed by the Office of Land Use. These | include: | | • Letters of Credit | • HSC agreements requiring original signatures and notarization Please mail the above original documents to the VDOT Office of Land Use, | ATTN: Highway Systems Program Manager, 1401 East Broad Street, Richmond, VA | 23219. Copies of these two types of documents must be included when the complete | HSC assembly is sent to the Office of Land Use. |

[/TABLE]

[TABLE 123-2] s. VDOT Abandonment and Discontinuance Confirmation Form | Beginning in August 2023, the Office of Land Use required this completed form be | submitted when a highway system change assembly includes an abandonment and/or a | discontinuance. When VDOT completes a legal abandonment, this action cannot result | in the loss of vehicular access to any current land use or parcel of land. This form is | required in order to prevent this loss of access. This form also fulfills the following | purposes: | | • Ensures abandonment does not cause loss of access | • Verifies that abandonment is properly advertised, when applicable | • Documents which type of construction-related abandonment is being requested, | when applicable | • For a discontinuance, documents why this is the proper action for the specific | situation This form can be accessed on the “HSC Assembly Submittal Portal.” This submittal | portal has been updated to ask the required question “Does this project involve an | Abandonment or Discontinuance?” If the response is “Yes,” an additional screen will | appear which includes this form. |

[/TABLE]

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t. Appeals of Abandonments and Discontinuances

Rarely, landowners, localities, or the Commissioner of Transportation may appeal abandonment or discontinuance orders to the Circuit Court of the affected locality.

Appeals for Primary abandonments/discontinuances follow §33.2-905; for Secondary, follow §33.2-910 of Virginia Code.

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u. Highway Research Requests

The HSC/SSAR Section of the Office of Land Use handles numerous research requests on the state highway systems and related changes, including centerline mileage updates.

Goals are to obtain precise info, complete requests promptly, and provide thorough responses.

Highway research requests should be submitted to the Office of Land Use using email.

To meet these goals, requestors should send responses to the questions below; the Office of Land Use may ask further questions, but research can start with this info:

Standard Highway Research Requests Questions

1. Locality involved
2. Road description – Route number, name, etc.

3. What information or questions do you have regarding these roads?

4. If related to a Land Development project, specify the subdivision or project name.

5. If involving a VDOT project, specify the project number
6. If not involving entire road/route, specify segment or portion (specific location, usually within VDOT system)
7. When did possible highway change(s) take place (year & month is great if you know this)?

125

[TABLE 125-1] Standard Highway Research Requests Questions

1. Locality involved
2. Road description – Route number, name, etc.
3. What information or questions do you have regarding these roads?
4. If related to a Land Development project, specify the subdivision or project name.
5. If it involves a VDOT project, what was the relevant VDOT project number?
6. If your issue does not involve the entire road/route, for what segment or portion of road do you want information (give very specific location, usually related to roads within the VDOT system)?
7. When did possible highway change(s) take place (year & month is great if you know this)?

[/TABLE]

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v. Transfer of Roads Between the VDOT and Urban Systems

The two main transfers between VDOT and the Urban system occur when:

• A VDOT Primary road is transferred to the Urban system
• A VDOT Secondary road transfer involves annexation or agreement with the Urban municipality (adding or deleting from VDOT system)

Primary to Urban System transfer occurs when an Urban municipality requests VDOT Primary road transfer to the Urban Maintenance Inventory, per §33.2-315A (see Section 5 for details).

A resolution from the Urban municipality is required for a §33.2-315A transfer.

VDOT Residency must notify the county of pending transfer and request a support letter or resolution. The transfer requires CTB approval.

After receiving the resolution and support letter, VDOT staff prepares a RIMS system change assembly for transfer, which the Office of Land Use submits to the CTB for approval.

Urban to Secondary System transfer requires deleting the road from the Urban system, with a resolution and Form U-1 submitted to VDOT Residency, then reviewed and forwarded to the Local Assistance Division. Refer to the Urban Construction and Maintenance Manual for details.

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Transfer of Roads Between the VDOT & Urban Systems (continued)

Concurrently, the county Board of Supervisors will approve a resolution to add the road to the Secondary System per §33.2-705 and submit it to VDOT Residency, which will prepare and submit a RIMS highway system change

assembly for the Secondary system addition to the Office of Land Use, including copies of the municipality’s resolution, Form U-1 for deletion, and all required components for the addition.

For this addition, the county usually requests a waiver of surety and/or fees and may include a surety guarantee in the resolution (see Office of Land Use site for template).

The Office of Land Use will contact the Local Assistance Division upon receiving this addition assembly to coordinate highway changes for the transfer.

Secondary roads are generally removed from VDOT and added to an Urban municipality’s system in two situations:

• A town transitions from VDOT to Urban system and assumes

maintenance of the roads within its jurisdiction.

• Town or city annexes part of adjacent county including VDOT-maintained roads

When these occur, the applicable Code section depends on whether the locality is a town or city. The following actions and Code sections apply to VDOT Secondary to Urban system transfers:

• Towns – Approval of a §33.2-700 resolution supporting the transfer of specified Secondary roads to the town’s local system

• Cities – Approve a resolution citing §33.2-320 to transfer Secondary roads to the Urban System.

• Counties – Submit a letter or resolution supporting the transfer of Secondary roads to the Urban system.

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U. Glossary

The terms in this Guide have the following meanings unless context indicates otherwise.

1. AASHTO: American Association of State Highway and Transportation Officials. Responsible for setting technical standards for highway system development, representing all states, D.C., Puerto Rico, and liaising with federal agencies. Its goal is to foster an integrated national transportation system.

AASHTO Standing Committee on Highways is vested with the full authority to oversee the numbering and marking thereof of the Intestate and U.S. Highway systems.

2. Addition: A street proposed or incorporated into the Primary or Secondary State Highway System. Virginia Code sections vary by addition type.

3. Abandonment: The legal action reserved for a county's Board of Supervisors to

remove a Secondary road from the public domain per §33.2-909 or §33.2-912; or a Primary road per §33.2-902 or §33.2-906.

4. BOS: Board of Supervisors, governing body of any county or Suffolk City Council for actions in the former Nansemond County part of Suffolk.

5. Commissioner: The VDOT Commissioner of Transportation, the chief executive

officer of the Virginia Department of Transportation.

6. Commissioner’s Staff: The Commissioner’s direct reports responsible for reviewing and approving highway system changes.

7. Cost Estimate: VDOT's estimated cost to improve a road to minimum standards, excluding ineligible costs.

8. CTB: Commonwealth Transportation Board, the Virginia Department of Transportation's governing body.

9. Data Correction: A proposed inventory (PI) recognizing changes to roadway typical sections, such as widening or turn lanes.

10. Dam: A man-made structure intended to impound water and subject to hydraulic pressure.

128

[TABLE 128-1] | Sets technical standards for highway development. AASHTO, representing all states, D.C., and Puerto Rico, liaises between state DOTs and federal government. Its goal is to develop, operate, and maintain an integrated national transportation system. The AASHTO Standing Committee on Highways oversees numbering and marking of Interstate and U.S. Highway systems.

[/TABLE]

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Glossary (continued)

11. Department: Virginia Department of Transportation (VDOT)

12. Detention Pond: In stormwater management, a facility for collection and

controlled release of stormwater.

13. Developer: Person or entity responsible for designing and constructing public streets. For Rural Additions, the original or successor owner(s) of a street proposed for state maintenance with speculative interest in abutting property. (See Speculative Interest.)

14. Discontinuance: Legal action by the Commonwealth Transportation Board to terminate the Department’s maintenance of a road, per §33.2-901 or §33.2-908.

15. Established: Date when the right of way for a proposed addition was opened to public use, evidenced by deed, plat, or other means; or when the street was opened to motor vehicle use.

16. Extrinsic Structure: Any structure the Department considers nonessential to a street's transportation function.

17. FHWA: Federal Highway Administration, responsible for overseeing the Interstate, U.S. Numbered Highways, and National Highway System.

18. HSC: Highway System Change. Any change record for an individual segment of

roadway, excluding length corrections.

19. ICR: Inventory Change Record. Tracking number assigned by RIMS to each highway system change assembly.

20. LAP: Locally Administered Project

21. Length Correction: A type of PI used to validate or correct split

mileage values between intersecting routes or nodes.

22. LGB: Local Governing Body. The governing body of a county, city, or town.

23. Locality: A county, city, or town.

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Glossary (continued)

24. Maintenance: (i) ordinary maintenance; (ii) maintenance replacement; (iii) operations that include traffic signal synchronization, incident management, and other intelligent

transportation system functions; and (iv) other maintenance categories designated by the Commissioner of Highways.

25. Mileage Limitation: Statutory limits on highway system change mileage per fiscal or calendar year. Rural additions under §33.2-335 are limited to 1.25% of the county’s total Secondary system mileage at the start of the fiscal year.

Transfers under §33.2-314A are limited to 50 miles/year; under §33.2-315A, 150 miles/year; additions under §33.2-339 limited to 0.25 miles annually.

26. Minimum Standards: For Rural Additions, standards established in the CTB Rural Addition Guidance and the Guide to Highway

System Changes: For new subdivision streets, standards in the SSR or SSAR; for other secondary roads, standards in the VDOT Road Design Manual.

27. Municipality: An incorporated city or town.

28. NOIA: Notice of Intent to Abandon

29. OLU: Office of Land Use, a division of VDOT.

30. PI: Proposed inventory. RIMS terminology for a highway system change.

31. Plat or Subdivision Plat: Schematic of land division showing property lines, street rights of way, easements, and relevant info.

32. Pro rata Participation: The portion of the estimated cost to improve a rural addition

that is borne by speculative interest, as prescribed in §33.2-335(D)

33. Public Service Requirement: The required number of dwellings, businesses, or public conveniences to qualify a road for inclusion in the Primary or Secondary system of state highways.

34. RA/RE, Resident Administrator/Engineer: An employee of the department assigned to supervise departmental operations within a specific geographical area of

the state consisting of one to four counties.

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Glossary (continued)

35. Retention Pond: In storm water management, a facility intended to impound and

retain stormwater. It may also serve as a detention pond.

36. Right-of-Way (ROW): Land, property, or interest acquired or devoted to a street.

37. RIMS, Roadway Inventory Management System: VDOT system for cataloging roadway inventory and processing highway system changes.

38. Road: See Street

39. Rural Addition Fund: Funds for improving streets to minimum standards for acceptance into the Secondary System of State Highways, pursuant to §33.2-335.

40. Speculative Interest: Developer(s) interest as defined in §33.2-335(D).

41. SSAR, Secondary Street Acceptance Requirements: Virginia regulation for designing, developing, and adding secondary streets.

42. SSR, Subdivision Street Requirements: Virginia regulation for designing, developing, and adding subdivision streets.

43. Street: The width between boundary lines of every way or place open to

public use for vehicular travel in the Commonwealth.

44. Transfer: Moving roads between Primary, Secondary, and/or Urban highway systems.

45. UPC (Universal Project Code): Tracking number assigned to every project with VDOT oversight and/or funding. The UPC is used to track fiscal expenditures for all phases of a project, whereas an ICR is only assigned to track highway system

changes.

46. Urban Maintenance Inventory (UMI): Streets within incorporated cities and towns maintaining their own streets for which the municipality receives Urban Maintenance payments from VDOT pursuant to §33.2-319.

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Glossary (continued)

47. Vacation: A process for governing bodies to extinguish "any interest in streets, alleys, easements for public

Rights of passage, drainage easements, and utility easements granted as a site plan condition (see § 15.1-480.1 to 15.1-485, Virginia Code). The Attorney General's Office states vacation does not apply to roads maintained as part of the Secondary system.

48. VDOT: Virginia Department of Transportation

49. VDWR: Virginia Department of Wildlife Resources (formerly the Virginia Department of Game and Inland Fisheries)

132

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COMMONWEALTH TRANSPORTATION BOARD

POLICY AND PROCEDURES

CONTROL OF RESIDENTIAL CUT-THROUGH TRAFFIC

INTRODUCTION

Section 46.2-809.1 provides that the Commonwealth Transportation Board (CTB) may develop a residential cut-through traffic policy and procedure for the control of residential cut-through traffic on designated secondary highways.

This document sets forth the CTB policy and procedures for the control of residential cut-through traffic on such secondary highways.

POLICY ON RESIDENTIAL CUT-THROUGH TRAFFIC

The policy of the Commonwealth Transportation Board is that the Virginia Department of Transportation (VDOT) will recognize the problems associated with residential cut-through traffic on secondary highways and consider reasonable corrective measures that conform to national standards, use and practice for traffic engineering applications.

PROCEDURE

The procedure for identifying, studying and addressing issues of residential cut-through traffic on secondary highways and the respective roles of the locality and VDOT are laid out in this document.

An overview of the process and the responsible party for each respective task is below:

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THE CUT-THRU TRAFFIC PROCESS

1. Local Community – Request for Cut-Through Traffic Measures

2. Locality / VDOT – Conduct Study (determine eligibility etc.)

3. VDOT – Concurrence with Study and Recommendations

4. Locality – Determination of Public Support

5. Locality / VDOT – Public Meeting

6. BOS or Town Council Endorsement

7. Locality / VDOT - Implementation

8. VDOT / Locality - Review

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[TABLE 2-1]

4. Locality – Deter Sup | mination of Public port

[/TABLE]

[TABLE 2-2]

5. Locality / VDOT | – Public Meeting

[/TABLE]

[TABLE 2-3]

6. BOS or Town Co | uncil Endorsement

[/TABLE]

[TABLE 2-4]

7. Locality / VDOT | - Implementation

[/TABLE]

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DEFINITIONS

Residential Cut-Through Traffic is defined in Section 46.2-809.1 as vehicular traffic passing through a residential area without stopping or without an origin or destination within the area.

Such traffic utilizes a “local residential street” rather than streets whose primary function is to accommodate through traffic.

Local Residential Street is a street within a neighborhood with a functional classification of “local” that primarily provides direct access to residences and other abutting land uses intended for the neighborhood’s use (e.g. a playground or recreation center) or for mobility within the neighborhood. Such streets generally have a speed limit of 25 mph or less.

Note: Streets with a functional classification of “local” that historically served through traffic in an undeveloped or rural area and subsequently experienced significant residential development without provision of other higher functioning roads to accommodate that historical pattern of through traffic, are presumed to still be intended for through traffic and are not considered a “local residential street” for purposes of this policy.

Primary Use Area includes all streets whose residents must traverse the cut through street as the most direct vehicular travel route to their residence, regardless of county or town boundaries.

Note: The section of street identified for cut-through traffic measures and the associated primary use area may not be artificially terminated so as to exclude an adjacent locality or section of street whose residents must likewise traverse the cut through street as the most direct vehicular travel route to their residence.

PROCESS FOR CUT-THROUGH TRAFFIC

1. REQUEST FOR CUT-THROUGH TRAFFIC MEASURES – LOCAL COMMUNIITY

Requests for cut-through traffic measures originate from the Homeowners Association (HOA)

or Civic Association (CA) for the neighborhood and are submitted to the BOS or Town Council.

If there is no HOA or CA, the request may originate from a group comprised of at least 10 residences (or 10% of residences) along the street where cut-through traffic measures are requested. If the BOS or Town Council agrees to pursue cut-through traffic measures, they request the locality to conduct a study to determine the eligibility of the candidate street for cut-through traffic measures and identify appropriate traffic control measures to address the cut-through traffic issue.

2. CONDUCT STUDY (determine eligibility, identify potential measures and impacts etc.) – LOCALITY / VDOT

The locality conducts a study to determine the eligibility of the street proposed for cut-through measures, the nature of the cut-through traffic issue, potential cut-through measures to address the issue and their potential impacts. VDOT confirms interim study findings and conclusions etc. and may assist with the study, depending on the capabilities of the locality, the local VDOT District funding priorities and availability of resources. The study will address

the following components.

i. Eligibility

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To be eligible for consideration of cut-through traffic measures the locality first verifies that the street proposed for cut-through traffic measures is a secondary road (route is numbered 600 or above) in the state system of highways and is a “local residential street” as defined above.

II. Additional Requirements

For streets meeting the above eligibility requirements, the locality then determines that the requirements listed below are met. In order to assess these requirements the locality first

identifies the “primary use area” pertaining to the street identified for cut-through measures, then determines if:

• For at least one hour of the day on a typical travel day of concern (typically a weekday, excluding holidays but may be other days/times of day) in a single travel direction, the street must have a minimum “residential cut-through traffic” volume of 150 vehicles or more that comprises 40% or more of the total vehicular traffic in the same hour and travel direction (e.g. on a street for a particular travel day where there is a total hourly traffic volume of 1,375 vehicles in a single travel direction, 550 or more vehicles within the same hour and travel direction must be cut-through traffic).

• There is a reasonable alternate route for traffic to avoid potential cut-through measures on the candidate street that does not create a similar or greater cut-through traffic issue on other “local residential streets.” Residential cut-through traffic controls may only be imposed where such an alternate route can be reasonably identified. In determining a reasonable alternate routing, consideration must be made to its suitability to carry the

additional traffic (operations and safety per Section iii), continuity/connectivity and the additional time and distance imposed on motorists.

III. Identify cut-through issue, proposed measures and their impacts

If it is determined that the additional requirements are also met, the locality then identifies and documents:

• The nature and origin of the cut-through traffic issue (e.g. cut-through traffic is due to left-turning vehicles at a connecting street upstream during the a.m. peak traffic period).

Note: in some cases improvements to the surrounding street network, such as updating signal timings at associated intersections etc. may alleviate the cut-through traffic issue.

• The recommended cut-through measures to address the issue (e.g. post signs restricting left turns during the a.m. peak traffic period).

• Consideration of any significant impacts on operations and safety such as on the identified alternate route due to the extent of traffic diverted by the proposed cut-through measures which may create extended traffic queues and delay at intersections or decreased safety for pedestrian circulation and activity.

IV. Selection of Cut-Through Traffic Measures

VDOT’s Guidance for Measures to Control Cut-Through Traffic provides guidance for the selection and application of the appropriate cut-through traffic measures. Traffic control techniques used for cut-through traffic measures must conform to traffic engineering standards and practice and may include regulatory signs that prohibit certain traffic movements and the use of barriers that physically prevent certain vehicular traffic movements. § 46.2-830 provides that the Commissioner of Highways may mark state highways and provide a uniform system of

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traffic control devices for such highways under the jurisdiction of the Commonwealth and that all drivers of vehicles shall obey such lawfully erected traffic control devices.

v. Consultation with Local Officials

Potential impacts of the proposed cut-through measures on Fire & Rescue routes, bus routes and student commutes -walking or driving- of nearby schools shall be considered and the associated officials, including law enforcement who may be involved in enforcing the measures, consulted as appropriate. The study recommendations should consider and address concerns appropriately.

VI. Other Affected Locality’s

Where the “primary use area,” the candidate street for cut-through measures or the identified alternate route potentially extends into or impacts an adjacent locality, concurrence must be obtained from the affected locality for the portion of the identified streets within their boundaries and; for the operational or safety impacts on their streets imposed by the proposed

cut-through measures. If agreement between the localities cannot be reached on the various issues, the VDOT District Administrator will render a binding decision.

VII. Study Documentation

Upon completion of the study that addresses the previous requirements, the locality submits the study along with the following documentation for VDOT’s review and confirmation.

• Mapping and other information identifying the candidate street for cut-through measures, the alternative routing and the “primary use area’ including street names, route numbers, functional classification of streets etc.
• Documentation of the methodology used (e.g. trip generation methods) and the associated data (e.g. # of residences, trip rates, traffic count data etc.) used to determine that the candidate street meets the residential cut-through traffic volume.

• Data and related analysis demonstrating the nature and origin of the cut-through traffic

• Description of the proposed cut-through traffic measures (type, location, time of day etc.)

• The assessment of any impacts of the proposed measures such as on the identified alternate route including related data and analysis etc.

3. CONCURRENCE WITH STUDY AND RECOMMENDATIONS – VDOT

VDOT reviews the study results and recommendations, notes any additional items or limitations etc. that need to be addressed and confirms the eligibility of the street for cut-through measures and approves the study results and recommendations for proposed cut-through traffic measures and their relative impacts.

Where VDOT identifies revisions to the study such as a change to the “primary use area,” the

nature of the identified cut-through traffic issue, the alternate route, the impacts of imposed measures etc. they will coordinate with the locality on appropriate adjustments.

Streets not meeting eligibility criteria

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For streets not eligible for cut-through traffic measures, mitigation provided under other VDOT residential programs can be considered, as the requirements for those programs varies.

Disagreement between Localities

Where there is a disagreement between the parties (the locality originating the proposal, an adjacent locality and/or VDOT) in regard to the study conclusions or recommendations, the VDOT District Administrator will render a binding decision.

4. DETERMINATION OF COMMUNITY SUPPORT - LOCALITY

Community Review

Upon VDOT’s confirmation of the study and recommendations, the locality presents the results of the study and the recommended cut-through traffic measures to the community within the “primary use area” for a review period of 30 days. The study recommendations may be presented via a public meeting and/or by a combination of other means normally used by the locality, HOA, CA etc. to properly inform the local community such as websites, bulletins or forums, e-mail and/or postal distribution or newspapers.

Conduct Survey, petition etc.

After the community has reviewed the proposal, the locality conducts a petition, survey, or other appropriate process to determine if the required level of community support for implementation of the proposed cut-through measures is met. At least 2/3 of the occupied

residences on the streets identified in the “primary use area” must support the proposed cut-through measures as indicated by their signature on a petition or by a ballot/vote etc. where each residence gets a single ballot/vote or signature.

5. PUBLIC MEETING – LOCALITY / VDOT

Upon confirmation that the proposed cut-through measures have the required community support, the locality holds a public meeting to provide for public input on the study recommendations.

Pre-Public Meeting Requirements

Thirty days prior to the public meeting, a notice of the public meeting is made to the community. Notice shall include the action to be taken, the date of the public meeting and

contact information for questions and to submit comments. Notice is made by (i) posting signs at the terminus of the route proposed for cut-through measures and (ii) a notice through media normally used by VDOT or the locality, HOA, CA etc. to inform the local community of events and activities such as websites, bulletins or forums, e-mail and/or postal distribution or newspapers. Additionally, the appropriate state and local elected officials representing the residents in the primary use area and any adjacent (affected) localities should be notified of the public meeting.

VDOT participation in public meeting

The local VDOT office will coordinate with the locality on their involvement in the public meeting.

6. BOS OR TOWN COUNCIL ENDORSEMENT

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Following the public meeting, and after appropriate consideration of the public comments received, the BOS or Town Council submits a resolution to VDOT indicating their endorsement for the implementation of cut-through measures and (i) a description of the measures to be implemented (ii) confirmation that the proposal has the appropriate public support and that at least 2/3 of the occupied residences in the “primary use area” support the proposal (iii) the funding to be used for implementation (iv) confirmation that local law enforcement will enforce any proposed regulatory measures, if appropriate.

The approved resolution is conveyed to VDOT along with (i) a synopsis and transcript of the public meeting and (ii) verification and supporting documentation (survey packet, survey methodology etc.) demonstrating that a valid petition, survey or other process was conducted to determine that the required threshold for community support (2/3 of the occupied residences in the “primary use area” concur with the proposed cut-through measures) was obtained.

Funding

The approved cut-through traffic measures may be funded with state secondary road funds with the concurrence of the board of supervisors. Due to limited secondary funding, local funds may also be needed, particularly for measures other than signs.

7. IMPLEMENTATION –LOCALITY / VDOT

VDOT reviews the BOS or Town Council resolution and confirms the measures to be implemented.

Implementation

Prior to the implementation of the identified measures

• Notification to the BOS or Town Council is made of the pending action and the date of implementation.

• Signs providing notification of the pending action will be placed on the affected street(s) for a 30-day period with contact information of appropriate person(s) to answer questions.

• Implementation of the cut-through measures may include temporary construction to allow for the evaluation of their effectiveness.

The Locality then implements the proposed measures, in consultation with VDOT and where they have the appropriate VDOT permitting to complete such work on VDOT’s right-of-way.

VDOT will assist with or carry out the implementation, depending on the capabilities of the locality and the VDOT District funding priorities and resources.

8. REVIEW – VDOT / LOCALITY

After the cut-through measures have been in operation for at least 30 days, if an issue arises or as otherwise deemed necessary, a review of the installed measures may be made to determine their effectiveness and safety. If the review indicates the cut-through measures have resulted in an operational or safety issue, the modification or removal of the measures may be required. VDOT will coordinate with the locality on the appropriate actions to be taken.

Typically, any modifications or removal of measures will be conducted by the party that implemented the original measures, utilizing the same source of funding.

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VDOT will typically conduct a review of the installed measures however, where the locality installed the measures and if VDOT agrees, they may conduct the review in consultation with VDOT, informing VDOT of the results along with the appropriate documentation.

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VDOT GUIDANCE FOR MEASURES TO CONTROL CUT-THROUGH TRAFFIC

Traffic control techniques used for cut-through traffic measures must conform to standard traffic engineering practice for such applications in conformance with the most current adopted editions of the Manual of Uniform Traffic Control Devices (MUTCD) and the Virginia Supplement to the Manual of Uniform Traffic Control Devices, VDOT’s Road and Bridge Specifications and Standards and Road Design Manual.

Traffic control applications may include regulatory signs that prohibit certain traffic movements or barriers that physically prevent certain vehicular movements. Barrier applications must conform to any applicable VDOT design standards and specifications.

Below is guidance for various applications however, there may be other viable applications not included here.

Regulatory Signs

Various regulatory signs placed appropriately at an intersection in conformance with the MUTCD etc. (per above) can be used to prohibit certain traffic movements in order to control cut-through traffic. Examples of such signs that may be used are below.

R3-1 R3-2 R3-3 R3-27

To illustrate the use of these signs, where a cut-through traffic issue is due to left-turning traffic, a sign restricting left turns could be installed. Typically, such issues occur at specific times of the day therefore, a regulatory sign restricting left turns would also include a

supplementary plaque specifying the times it applies (as shown on above sign on the far right).

NOTE: Where these signs are used in conjunction with Virginia Code Section 15.2-2022.1, a supplementary plaque would be added indicating “Except by Permit" or “Except Buses or by Permit" where buses are also exempted to allow residents in the designated area to make turns where they would otherwise be restricted. The application of Section 15.2-2022.1 is limited to use by a county operating under the urban county executive form of government (presently this is only Fairfax County), after an ordinance providing for the issuance of permits to residents in a designated area which allows them to make turns into or out of the area where they are otherwise restricted.

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Other Signs

Various signs are sometimes used where they are not specifically intended under standard traffic engineering practice. For example, All-Way stops (AWSC) are sometimes used at one or more intersections along a street in an attempt to reduce cut-through traffic or slow traffic.

However, such use where it is not warranted may introduce additional safety risks. For example, numerous studies show that unwarranted stop signs may increase safety risks to crossing pedestrians as well as vehicles who presume motorists will stop as required at a stop sign when in reality they may proceed without stopping, in an attempt to make up lost time for stops they perceive as unnecessary.

Therefore AWSC should only be used per standard traffic engineering practice in conformance with the MUTCD which refers to their use to address a specific safety issue at an intersection such as where approaching traffic encounters an intersecting street/location

with a high volume of crossing vehicles/pedestrians and/or cannot properly see such crossing vehicles/pedestrians, thus requiring a stop.

Barriers

Barriers can be constructed in various configurations to physically prevent certain vehicular traffic movements while still allowing access for pedestrians and bicycles as well as emergency vehicles in some instances by utilizing mountable curb or bollards etc.

There are various disadvantages with barriers such as they are in effect (i.e. restrict traffic) for all hours of the day, prohibit (apply to) all types of traffic (i.e. through-traffic as well as local traffic) and impede emergency and transit access as well as large trucks. However, barriers should be constructed to allow access by bicyclists and pedestrians and; provide access for emergency vehicles where applicable by utilizing mountable curb, bollards etc.

Examples of the potential application of barriers drawn from the Federal Highway

Administration (FHWA) “Traffic Calming e-primer” (see https://safety.fhwa.dot.gov/speedmgt/ePrimer_modules/module3pt3.cfm#mod321) are below and include; diagonal diverters, full closures, half closures, median barriers and forced turn islands.

Note: Refer to the above FHWA site for further details on the appropriate application and implementation of the various barriers which may have limitations in regard to their design, operational aspects, maintenance and location/placement. Additional constraints may apply as well in regard to speed limit, vehicle speeds, traffic volumes, emergency vehicles, large buses and trucks etc. Additionally, various barriers may require regulatory or warning signage to properly inform motorists of the approaching barrier, their maximum speed and prohibited or allowable actions (e.g. right turn only, dead end etc.) etc.

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DIAGONAL DIVERTER - A diagonal diverter is a physical barrier placed diagonally across a four-legged intersection that prevents straight-through vehicular traffic movements at an intersection, and thus creates two unconnected intersections. The design can be modified by utilizing mountable curb to allow through access by emergency vehicles. The design used by the Delaware Dept. of Transportation per below provides full pass-through access for bicycles and pedestrians.

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HALF CLOSURE - A half closure is a physical barrier placed at an intersection to prevent selected vehicle traffic movements to or from the intersection, blocking vehicle travel in one direction thus creating a one-way street for a short distance on an otherwise two-way street.

A half closure can block either entering or exiting traffic, depending on its placement. The design used by the Delaware Dept. of Transportation per below provides full access for bicycles and pedestrians.

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FULL CLOSURE – Involves a physical barrier that completely closes the street to through vehicle traffic, either at an intersection or midblock. Various types of barriers may be used to achieve full closure such as a landscaped island, wall, gate, side-by-side bollards, or any other obstruction that leaves an opening smaller than the width of a passenger car. At the entrance to the full closure block, a Dead End or Cul-de-sac sign is required. There are no pavement markings specific to this measure.

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MEDIAN BARRIER – This is a raised island placed along the centerline of a street through an intersection that prevents vehicles from traveling straight through the intersection. It can be designed to allow turns to and from the main street, while still preventing through traffic from the side street from crossing the main roadway. The design used by the Delaware Dept. of Transportation per below provides pass-through access for bicycles and pedestrians.

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[TABLE 14-1] MEDIAN BARRIER – This is a raised island placed along the centerline of a street through an intersection that prevents vehicles from traveling straight through the intersection. It can be designed to allow turns to and from the main street, while still preventing through traffic from the side street from crossing the main roadway.

[/TABLE]

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FORCED TURN ISLAND - Involves a raised traffic island, typically triangular in shape at the mouth of an intersection that blocks certain traffic movements approaching the intersection. It channels traffic to the right and blocks left and through movements and; prevents entering traffic from the leg opposite the island and left-turning traffic from the adjacent leg. The design used by the Delaware Dept. of Transportation per below provides access for bicycles and pedestrians.

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Traffic Calming Devices

Although the primary purpose of certain traffic calming devices is to reduce vehicle speeds certain devices (speed humps, speed tables and other similar vertical devices) can also reduce traffic volumes. However, the reduction of traffic is limited to 20% on average, and may reduce local traffic as well as cut-through traffic therefore, they are not recommended as a primary means to address cut-through traffic.

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COMMONWEALTH TRANSPORTATION BOARD

POLICY AND PROCEDURES

CONTROL OF RESIDENTIAL CUT-THROUGH TRAFFIC

INTRODUCTION

Section 46.2-809.1 authorizes CTB to develop a residential cut-through traffic policy and procedures for controlling such traffic on designated secondary highways.

This document establishes the CTB policy and procedures for controlling residential cut-through traffic on secondary highways.

POLICY ON RESIDENTIAL CUT-THROUGH TRAFFIC

The CTB policy states VDOT will recognize residential cut-through traffic issues on secondary highways and consider reasonable corrective measures conforming to national traffic engineering standards.

PROCEDURE

This document outlines the procedure for identifying, studying, and addressing residential cut-through traffic issues and the roles of localities and VDOT.

Below is an overview of the process and responsible parties for each task:

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THE CUT-THRU TRAFFIC PROCESS

1. Local Community – Request for Cut-Through Traffic Measures

2. Locality / VDOT – Conduct Study (determine eligibility etc.)

3. VDOT – Concurrence with Study and Recommendations

4. Locality – Determination of Public Support

5. Locality / VDOT – Public Meeting

6. BOS or Town Council Endorsement

7. Locality / VDOT - Implementation

8. VDOT / Locality - Review

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[TABLE 2-1]

4. Locality – Deter Suppression of Public Port

[/TABLE]

[TABLE 2-2]

5. Locality / VDOT | – Public Meeting

[/TABLE]

[TABLE 2-3]

6. BOS or Town Council Endorsement

[/TABLE]

[TABLE 2-4]

7. Locality / VDOT | - Implementation

[/TABLE]

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DEFINITIONS

Section 46.2-809.1 defines Residential Cut-Through Traffic as vehicular traffic passing through a residential area without stopping or originating/ending there.

This traffic uses a “local residential street” rather than streets primarily for through traffic.

A Local Residential Street is a neighborhood street with a “local” classification providing direct access to residences or neighborhood land uses, usually with a 25 mph speed limit.

Note: “Local” streets that historically served through traffic in undeveloped or rural areas and now have residential development are presumed to still serve through traffic and are not “local residential streets” under this policy.

Primary Use Area includes streets where residents must use the cut-through street as the most direct route to their residence, regardless of jurisdiction.

Note: The identified section for cut-through measures and primary use area must not be artificially terminated to exclude adjacent localities or streets with residents relying on the cut-through as the most direct route.

PROCESS FOR CUT-THROUGH TRAFFIC

1. REQUEST FOR CUT-THROUGH TRAFFIC MEASURES – LOCAL COMMUNIITY

Requests originate from the HOA

or Civic Association (CA) for the neighborhood and submitted to BOS or Town Council.

If no HOA or CA, a group of at least 10 residences (or 10%) can request measures. If approved, BOS or Town Council requests a study to determine eligibility and suitable traffic control measures.

2. CONDUCT STUDY (assess eligibility, identify measures and impacts) – LOCALITY / VDOT

The locality studies the street’s eligibility, traffic issues, potential measures, and impacts. VDOT confirms findings and may assist, depending on local capabilities, funding, and resources. The study will address:

the following components.

i. Eligibility

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The locality first verifies the street for cut-through measures is a secondary road (numbered 600+) in the state highway system and is a “local residential street” as defined.

II. Additional Requirements

For streets meeting eligibility, the locality then determines that the requirements below are met. To assess these, the locality first

identifies the “primary use area” for the street for cut-through measures, then determines if:

• During at least one hour on a typical travel day (usually a weekday, excluding holidays), in one direction, the street must have at least 150 “residential cut-through” vehicles, constituting 40%+ of total traffic (e.g., if total hourly traffic is 1,375, then 550+ must be cut-through).

• A reasonable alternate route must exist to avoid cut-through measures without causing similar or greater issues on other “local residential streets.” Controls are only imposed if such a route can be reasonably identified, considering its suitability to carry the

additional traffic (operations and safety per Section iii), continuity/connectivity and the additional time and distance imposed on motorists.

III. Identify cut-through issue, proposed measures and their impacts

If additional requirements are met, the locality identifies and documents:

• Nature and origin of cut-through traffic (e.g., due to left-turning vehicles upstream during peak hours).

Note: improvements like updating signal timings at intersections may alleviate the cut-through traffic issue.

• Recommended measures (e.g., signs restricting left turns during peak hours) to address the issue.

• Consider impacts on operations and safety, such as traffic diversion effects on the alternate route, potential queues, delays, or pedestrian safety.

IV. Selection of Cut-Through Traffic Measures

VDOT’s Guidance for controlling cut-through traffic outlines measure selection and application. Techniques must conform to standards and may include signs or barriers. § 46.2-830 authorizes the Commissioner to mark highways and establish traffic control devices.

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traffic control devices for such highways under the jurisdiction of the Commonwealth, and all drivers must obey lawful devices.

v. Consultation with Local Officials

Impacts on Fire & Rescue, bus routes, and student commutes near schools must be considered, with relevant officials, including law enforcement, consulted. Recommendations should address concerns.

VI. Other Affected Locality’s

If the “primary use area,” candidate street, or alternate route extends into or impacts an adjacent locality, concurrence is required for the affected portions and safety or operational impacts of the proposed

measures. If localities cannot agree, the VDOT District Administrator will make a binding decision.

VII. Study Documentation

After completing the study, the locality submits it with the following documentation for VDOT review and approval.

• Mapping and info identifying candidate street, alternative routes, and primary use area, including street names, route numbers, and classifications.
• Documentation of methodology (e.g., trip generation) and data (residences, trip rates, traffic counts) used to confirm cut-through volume on candidate street.

• Data and analysis showing the nature and origin of cut-through traffic

• Description of proposed measures (type, location, time of day, etc.)

• Assessment of impacts of proposed measures on alternate routes, including data and analysis.

3. CONCURRENCE WITH STUDY AND RECOMMENDATIONS – VDOT

VDOT reviews the study, notes any issues, confirms street eligibility, and approves the results and proposed measures and impacts.

If VDOT revises the study, such as changing the “primary use area,” the

nature of the cut-through issue, alternate route, impacts, etc., VDOT will coordinate with the locality for adjustments.

Streets not meeting eligibility criteria

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For streets ineligible for cut-through measures, mitigation under other VDOT residential programs can be considered, as their requirements vary.

Disagreement between Localities

When parties (locality proposing, adjacent locality, or VDOT) disagree on study conclusions or recommendations, the VDOT District Administrator's decision is final.

4. DETERMINATION OF COMMUNITY SUPPORT - LOCALITY

Community Review

After VDOT confirms the study and recommendations, the locality presents results and proposed cut-through measures to the community within the “primary use area” for 30 days, via public meeting or other usual communication methods like websites, bulletins, email, postal mail, or newspapers.

Conduct Survey, petition etc.

After review, the locality conducts a petition, survey, or similar process to verify if at least 2/3 of occupied residences support the proposed cut-through measures.

Support from at least 2/3 of residences in the “primary use area” must be shown via petition or ballot/vote, with each residence having one vote or signature.

5. PUBLIC MEETING – LOCALITY / VDOT

Once community support is confirmed, the locality holds a public meeting for input on the study recommendations.

Pre-Public Meeting Requirements

At least 30 days before the public meeting, a notice is sent to the community, including the action, date, and

Notice includes contact info for questions/comments, posted signs at route termini, media outlets, and notification to relevant officials.

VDOT participation in public meeting

The local VDOT office will coordinate with the locality on their involvement in the public meeting.

6. BOS OR TOWN COUNCIL ENDORSEMENT

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After the public meeting and review, the BOS or Town Council submits a resolution to VDOT endorsing the measures, including a description, support confirmation (2/3 residences), funding, and enforcement assurance.

The resolution, along with a synopsis, transcript, and supporting documentation (survey packet, methodology), confirming support from at least 2/3 of residences, is sent to VDOT.

Funding

Approved measures may be funded with state secondary road funds with board approval; local funds may be needed, especially for non-sign measures.

7. IMPLEMENTATION –LOCALITY / VDOT

VDOT reviews the BOS or Town Council resolution and confirms measures for implementation.

Implementation

Before implementing identified measures

• The BOS or Town Council is notified of pending action and implementation date.

• Notification signs will be placed on affected streets for 30 days, with contact info for questions.

• Implementation may include temporary construction to evaluate effectiveness.

The locality implements measures in consultation with VDOT, with appropriate permits for VDOT right-of-way.

VDOT will assist or implement, depending on locality capabilities and VDOT funding priorities.

8. REVIEW – VDOT / LOCALITY

After 30 days, VDOT and the locality may review measures for effectiveness and safety; if issues arise, modifications or removal may be required, with VDOT coordinating actions.

Modifications or removals are typically conducted by the original implementer using the same funding source.

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VDOT typically reviews installed measures; if local-installed and VDOT agrees, VDOT may review in consultation, informing VDOT of results with documentation.

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VDOT GUIDANCE FOR MEASURES TO CONTROL CUT-THROUGH TRAFFIC

Traffic control techniques for cut-through measures must conform to standard traffic engineering practices per the current MUTCD, Virginia Supplement, VDOT’s Road and Bridge Specifications, and Road Design Manual.

Traffic control may include regulatory signs prohibiting movements or barriers that must conform to VDOT design standards and specifications.

Below is guidance for various applications; other viable options may exist.

Regulatory Signs

Regulatory signs at intersections per MUTCD can prohibit movements to control cut-through traffic; examples are below.

R3-1 R3-2 R3-3 R3-27

For example, to address cut-through caused by left turns, a sign restricting left turns can be installed, often with a time-specific supplementary plaque.

with a supplementary plaque indicating applicable times (as shown on the right).

NOTE: Where these signs are used in conjunction with Virginia Code Section 15.2-2022.1, a supplementary plaque would be added indicating “Except by Permit" or “Except Buses or by Permit" where buses are also exempted to allow residents in the designated area to make turns where they would otherwise be restricted. The application of Section 15.2-2022.1 is limited to use by a county operating under the urban county executive form of government (presently this is only Fairfax County), after an ordinance providing for the issuance of permits to residents in a designated area which allows them to make turns into or out of the area where they are otherwise restricted.

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Other Signs

Some signs, like All-Way Stops (AWSC), are used outside standard practice to reduce cut-through or slow traffic at intersections.

Unwarranted stop signs may increase safety risks to pedestrians and vehicles, as drivers might proceed without stopping, risking accidents.

AWSC should only be used per MUTCD to address specific safety issues at intersections, such as high crossing volume or limited visibility.

where high crossing volume or limited visibility necessitates a stop.

Barriers

Barriers can prevent vehicle movements while allowing pedestrians, bicycles, and emergency access using mountable curbs or bollards.

Barriers restrict all traffic types, impede emergency and transit access, and operate 24/7; they should allow access for pedestrians, bicycles, and emergency vehicles using mountable curbs or bollards.

Examples from the Federal Highway

FHWA “Traffic Calming e-primer” (see https://safety.fhwa.dot.gov/speedmgt/ePrimer_modules/module3pt3.cfm#mod321) lists: diagonal diverters, full/half closures, median barriers, and turn islands.

Refer to FHWA for details on barrier application, limitations, design, maintenance, placement, speed, traffic, and signage requirements.

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Diagonal diverters are barriers placed diagonally at four-way intersections to block straight traffic, creating two unconnected intersections; they can include mountable curbs for emergency, bicycle, and pedestrian access.

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Half closure is a barrier at an intersection that blocks one direction, creating a short one-way segment on a two-way street.

It can block entry or exit; Delaware DOT designs provide full access for bicycles and pedestrians.

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FULL CLOSURE – Uses a physical barrier to fully close the street to through traffic at intersections or midblock, such as islands, walls, gates, bollards, or obstructions leaving openings smaller than a passenger car. Dead End or Cul-de-sac signs are required at the entrance; no pavement markings are specified.

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MEDIAN BARRIER – A raised island along the street centerline through an intersection prevents straight-through vehicle travel. It allows turns to/from the main street and, per Delaware DOT design, provides bicycle and pedestrian access while blocking side street through traffic.

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[TABLE 14-1] MEDIAN BARRIER – A raised island along the street centerline through an intersection prevents straight-through travel, allowing turns while blocking side street traffic.

[/TABLE]

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FORCED TURN ISLAND – A raised, typically triangular island at an intersection prevents certain movements, channels traffic right, blocks left and through, and allows bicycle and pedestrian access per Delaware DOT design.

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Traffic Calming Devices

Some traffic calming devices primarily reduce speeds but can also cut traffic volumes up to 20%, affecting local and cut-through traffic; thus, not recommended as primary measures.

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Guidance Document for Determination of Certain Financial Benefits For Displaced Persons

Effective December 13, 2017 Issued by VDOT’s Right of Way and Utilities Division to accompany Chapter 6 24 VAC 30-41-10 et seq. (Rules and Regulations Governing Relocation Assistance)

CONTENTS

INTRODUCTION ................................................................................................. 1

1. REIMBURSEMENT FOR MOVING PERSONAL PROPERTY - RESIDENTIAL .......... 2

2. OWNER PURCHASE SUPPLEMENT .................................................................. 4

3. RENTAL REPLACEMENT HOUSING PAYMENT .................................................. 7

4. FIXED PAYMENT IN LIEU OF ACTUAL COST (IN-LIEU PAYMENT) ................... 10

5. BUSINESS REESTABLISHMENT EXPENSES .................................................... 14

6. ACTUAL DIRECT LOSS OF TANGIBLE PERSONAL PROPERTY ......................... 17

7. LAST RESORT HOUSING ............................................................................. 20

8. FORMS..…………………………………………………………………………24

iIntroduction This document provides guidance in the determination of various types of financial benefits for residential and non-residential displaced persons. It will help the experienced relocation agent to resolve questions that are encountered in administering the program on the project level. It also provides a reference to assist newly assigned relocation personnel to become familiar with basic financial benefit concepts.

The content of this document augments and expands on information presented in 24 VAC 30-41-10 et seq. To assist the reader, references to the regulation are prominently located before the discussion of each benefit.

There is only limited coverage in this attachment of eligibility criteria, and no coverage of advisory services or program administration. These topics are addressed in the text of 24 VAC 30-41-10 et seq.

This guidance focuses on basic benefits and typical relocation situations, not on unusual cases. One of the features of relocation is the incidence of cases where the facts “fall between the cracks” of existing policy. Unusual or unique case situations should be brought to the attention of management as soon as identified. Decisions may require special interpretation of policy, while recognizing the importance of consistent and equitable administration of the relocation program on a statewide basis. 1

1. REIMBURSEMENT FOR MOVING PERSONAL PROPERTY -

RESIDENTIAL Related Procedure: Part 5 – Moving Costs - Residential Moves The two move options, actual cost and the moving expense schedule, each have features that a displaced person should carefully consider before making a choice. The relocation agent should explain the options on the initial meeting at which relocation benefits are discussed. The agent should not expect a decision until the displaced person has been advised of the amount of the payment under the schedule, and has had an opportunity to secure an estimate for a commercial move.

The Moving Expense Schedule The schedule payments are based on a room count of the dwelling and other storage areas, such as basements and attics, containing personal property. The schedule is developed by VDOT. It is compiled with schedules of other states and published on a national basis by the Federal Highway Administration. It is updated as requested by the Federal Highway Administration. The relocation agent should be sure of using the latest schedule update when working on a project.

Features of Schedule Move

1. Administratively simple for displaced person and VDOT. No support required for claim beyond the room count, and performance of the move.
2. Allows maximum flexibility to displaced person. Move can be performed by family, or a commercial mover may be hired.
3. No additional reimbursement if actual move cost exceeds schedule.
4. No added reimbursement for storage of personal property, packing, unpacking or incidental costs such as appliance hook up. These items are all included in the schedule. 2 Features of Actual Move Expense Reimbursement
5. All reasonable costs are paid, including those specified in last bullet above.
6. Requires close coordination of agent with movers to secure estimates.
7. Storage costs paid up to maximum of 12 months See 24 VAC 30-41-210 C(5).
8. Move reimbursement limited to 50 miles (unless special approval).

Steps in the Process

1. Options and features of each option are explained to the displaced person (see above).
2. A count is taken of all rooms and storage areas containing personal property.
3. Displaced person is advised of the room count, and the schedule amount.
4. If the displaced person has not made a decision to accept the schedule move reimbursement, move bids or estimates are secured. See 24 VAC 30-41-210.
5. Displaced person is asked for a final decision on move reimbursement method.
6. Displaced person moves with own resources, or contracts with a commercial mover to perform the move.

Schedule – (for illustration purposes only) 1st Room 2nd Room Additional Rooms Occupant Owns Furniture $300 $500 +$100 Occupant does not own furniture $225 $260 + $35 Important Points

1. The schedule is revised periodically. The current schedule should be used.
2. A displaced person who does not own furnishings is reimbursed less. Look for the “Occupant does not own furniture column”. This column is included above.
3. A “room” may include outside storage, garage or basement that contains personal property.

Example Move Expense Reimbursement An elderly couple has a lifetime of possessions including antiques, and mementos from travels.

There are 6 rooms in the house plus basement and garage. A commercial mover has submitted an estimate of $2,000. They ask your advice. 3 Agent should suggest an actual cost commercial move. Schedule will only yield $1,100 (8 rooms).

Higher commercial move estimate reflects needed packing, unpacking and insurance. Elderly may not desire to perform move themselves. However the decision is with displaced couple.

2. OWNER PURCHASE SUPPLEMENT

2. OWNER PURCHASE SUPPLEMENT

Related Procedures: 24 VAC 30-41-30 – “comparable replacement housing” defined 24 VAC 30-41-340 through 370 - Eligibility 4 24 VAC 30-41-430 through 480 – Payment DeterminationThe owner purchase supplement is the amount which, when added to the amount of the acquisition price of the displacement dwelling, equals the cost of a comparable dwelling.

It is very important, before determining or processing a claim for any relocation benefit, to verify that necessary eligibility criteria have been met. For consideration for the owner purchase supplement, the displaced family must have been in occupancy for 90 days before the first offer by VDOT to purchase the displacement property. To qualify to submit a claim, the owner occupant displaced person must purchase and occupy a dwelling, within one year, meeting decent, safe, and sanitary (DSS) standards. These requirements are specified in detail in 24 VAC 30-41-30 (“Definitions”).

Steps in the Process

1. Determine Displaced persons eligibility for benefits is determined.
2. Characteristics of the home and the family being displaced are identified by interview, and the premises are inspected. Use form RW–69A to record information.
3. Essential requirements of comparable replacement housing for the displaced household are determined, in terms of number of bedrooms and baths, and type of dwelling, location characteristics, special needs, such as one floor plan to accommodate elderly or disabled etc. See the definition of “comparable replacement housing” in 24 VAC 30-41-30 (“Definitions”).
4. A search is conducted for comparable replacement housing, using resources such as contacts with brokers, published listings and personal observations. At least three dwellings meeting comparable criteria should be located and inspected to select the most comparable dwelling. Use form RW-69B.
5. A price differential is computed as in the following example on the following page, using form RW-62A.
6. Displaced person is advised of maximum Purchase Supplement amount, and the address of the most comparable dwelling through form letter RW-65A(1).
7. Displaced person locates and contracts for purchase of a replacement dwelling and arranges with assigned agent for a DSS inspection.
8. Relocation agent performs DSS inspection. Any deficiencies must be corrected before a claim for Purchase Supplement is submitted. 5
9. Displaced person closes on purchase of replacement dwelling and executes claim for payment on form RW-65A(1) or RW-65B(1).

EXAMPLE Owner Purchase Supplement

Cost of comparable .............................................................................. $105,000 LESS: Acquisition price VDOT pays for displacement dwelling ................ $95,000 Maximum Owner Purchase Supplement (price differential) ..................... $10,000

If displaced person purchases a replacement for $100,000, the actual Owner Purchase Supplement will be $5,000. The payment claim is based on the lower of the estimated cost of comparable housing as determined by VDOT, or the actual cost of the replacement actually purchased.

Discussion

Note that the VDOT determined purchase supplement is a maximum amount. The actual

claim will be based on amount the displaced person actually pays for a replacement

dwelling, if lower. This is known as the “spend to get” rule. It is important that displaced

persons understand this provision at the time they are searching for replacement housing.

The basic concept of the owner purchase supplement as presented above is quite simple.

However, actual cases are often complicated by the infinite variety of displaced person

circumstances and living arrangements that are encountered. In addition, the statutory

model for the owner purchase supplement is the whole take of a dwelling on a typical size

site. In reality, there is great variety in the types of acquisitions, forms of ownership, and

in the physical characteristics of properties acquired. Some of these special situations are

discussed in Part VIII of the regulation. Situations that are not addressed in the regulation

should be brought to the attention of the Regional Manager or the Right of Way Manager.

There should also be close coordination with the Central Office to resolve policy questions

quickly, in a fair and consistent manner.

The owner purchase supplement is one of several items in the total replacement housing

benefit package for which long term owners (over 90 days) are eligible. The other items

are reimbursement of incidental expenses incurred in purchase of replacement housing,

6and payment for increased interest costs. This benefit package is referred to collectively as the replacement housing payment. There is a program limit of $31,000 imposed by law on the total amount for the replacement housing payment. However, there is an overriding provision of law that requires comparable replacement housing be made available to displaced persons. The apparent conflict is resolved by considering claims over $31,000 under the special authority and controlling rules of Last Resort Housing.

Refer to Part XI of the regulation for a full explanation of Last Resort Housing.

Displaced persons must relocate to DSS housing to qualify for payment. The agent should encourage the displaced person to place a clause in any purchase contract that states: “This contract is subject to the house passing an inspection by the Virginia Department of Transportation for compliance with decent safe and sanitary standards”. If an inspection discloses DSS deficiencies, they must be corrected before a claim is accepted by VDOT.

The cost of correcting DSS deficiencies, if paid by the displaced person, may be included in the total cost of the dwelling.

Displaced persons eligible for an owner purchase supplement may choose to rent, rather than purchase replacement housing. They are eligible for consideration for a rent supplement payment as presented in 24 VAC 30-41-510 (“Owner-Occupant for 90 Days or More Who Rents”). 7

3. RENTAL REPLACEMENT HOUSING PAYMENT

Related Procedure: Part 9

The rental replacement housing payment (rental supplement) is simple in its basic

concept. It is the difference in rent before and after relocation (if any) for a period of 42

months. A maximum amount is determined by VDOT based on the rent for a comparable

available unit. The tenant is advised of this maximum amount and the specific dwelling on

which it was based. The tenant displaced person then rents a replacement unit and the

actual amount claimed is based on the lower of the rent on the VDOT identified

comparable unit, or the unit the displaced person actually rents and occupies.

EXAMPLE

Rental Assistance Payment (basic)

Determination of Maximum payment: Rent on available comparable rental unit, including utilities…….……. $600 LESS: Displaced person monthly rent including utilities…………….. $550 Monthly rent difference……………………………………………………………. $50

X 42 months Maximum Rent Supplement amount ..…………………………$2,100 If the replacement unit is less than the comparable rental unit: Rent of replacement unit actually occupied (including utilities) = $575 Actual Rent Supplement amount ($25 X 42 months) = $1,050

The rent supplement amount actually paid is subject to the same “spend to get” limitation

as applicable to owner purchase supplements. The tenant displaced person should be

advised of this provision.

The relocation program assures that housing will be available within a displaced person’s

financial means. For tenants whose gross household income is classified as “low income”

by HUD , housing within financial means is 30% of gross household income. Thus, for

8 tenants paying 30% or more of income in rent and utilities before relocation the rent

supplement determination will be based on monthly income, not rent paid.

EXAMPLE

Rent Supplement (low income)

Same facts as above example except 30% of displaced person gross monthly household income from all sources = $510 (income = $1,700) Determination of maximum payment: .... Rent on available comparable rental unit, including utilities …………………….. $600 Less: 30% of displaced person income …………………………………… $510 Monthly rent difference………………………………………………………… $90 X 42 months Maximum Rent Supplement Amount ......................................................... $3,780 The displaced person rented a $575 replacement unit as in above example. The actual amount claimed is thus $2,730 because of the “spend to get” provision ($575-$510 =$65 X42 months = $2,730)

The term “base monthly rent” is used to express the lower of 30% of income, or the

actual amount paid for housing before displacement.

Steps in the Process

The steps in the process to be performed by the relocation agent are essentially the same

as for the owner purchase supplement. However, two additional data items must be

determined for a tenant displaced person. Monthly gross income must be identified, to

determine if it is classified as “low income” to provide housing within their financial means.

In addition, utility costs (heat, water, sewer, and electric) must be determined if they are

not included in stated rent.

Income

The agent should explain the relevance of income and ask for verification, by way of pay

stubs, W-2 statements etc. If the displaced person declines to provide verification, the

rent supplement should be based on rent actually paid.

9Utilities Utilities are a necessary cost of housing and thus part of the determination of the rental benefit. Utility costs (heat, water, sewer, and electric) are to be added to the rent for the displacement determined comparable, and the replacement dwellings to the extent they are not included in the stated rent. Information may be secured or verified by billing statements or utility company records. If actual billings cannot be determined, the utility company may provide average costs for units of different types and sizes.

Special Rules If the tenant displaced person is paying little or no rent because of a family relationship with the owner, the market rent may be used to determine the rent supplement.

However, if the low rent favorable to the displaced person merely results from long tenancy the actual rent will be used.

The rent supplement is subject to a limit of $7,200. However, just as with the Owner replacement housing payment, a higher computed payment will be paid under authority of Last Resort Housing.

The full amount of a rent supplement may be used as a contribution to a down payment for a tenant displaced person who purchases replacement housing.

A tenant who receives a Section 8 subsidy may usually transfer that subsidy to a replacement dwelling. See 24 VAC 30-41-580 (“Section 8 Housing Assistance Program”). 10

4. FIXED PAYMENT IN LIEU OF ACTUAL COST (In-Lieu Payment) Related Procedure: 24 VAC 30-41-320 Discussion The “In-Lieu of” Payment, as indicated by its name, is an exclusive alternative to all other payments for which a business (also farms and non-profits) may be eligible. It is a payment based only on income of the enterprise and has no relationship to the cost of relocation.

This payment has a maximum $75,000 and minimum $1,000.

The eligibility criteria for the In-Lieu payment are summarized below.

1. Business is not part of an entity having more than 3 other locations engaged in the same activity.
2. The business must contribute materially to the operator’s income.
3. The business must have property on the site acquired, which would be eligible to be moved and a cost would be incurred in such move and the business vacates or relocates from the displacement site.
4. Business cannot be relocated without a substantial loss of patronage.
5. The business is not operated at a dwelling or site solely to rent such dwelling or site to others.

The above is a summary. Refer to 24 VAC 30-41-320 (“Fixed Payment In Lieu or Actual Costs”) for a complete discussion. The application of the above criteria sometimes presents difficulty, particularly items 2 and 4.

The term ”contribute materially” has a specific definition found at 24 VAC 30-41-30. Note that the 4 part definition is very specific and sets a low threshold of eligibility. Only minor economic activities would not qualify as contributing materially to income.

The “substantial loss of patronage” requirement is to be assumed to be satisfied unless there is a specific reason evident for loss of patronage not to occur. This is an 11 acknowledgment that involuntary displacement is bound to cause disruption of a business clientele and income.

In-Lieu payment eligibility is based solely on the above stated criteria. Eligibility is not dependent on any relationship of the amount of the In-Lieu payment to the amount of relocation expenses that would otherwise be eligible for reimbursement.

Benefit Determination The amount of the payment is the average annual income for the business for the 2 tax years preceding the year displaced, as in the following example:

EXAMPLE Fixed Payment In-Lieu Of Actual Cost Joe’s Barber Shop – displaced July 1998 Income: 1998 (1/2 year) ................. $7,000 1997 ................................... $17,000

1996 .................................. $22,000

Payment: $17,000 + $22,000 = $19,500

2 years Joe is eligible for the $19,500 “In-Lieu of” determination even if he does not relocate the business. If the business is relocated and actual move cost is greater than $19,500, the claim will not be changed. The displaced person has accepted this payment option “in lieu of” all other benefits.

Income The displaced person must provide documentary verification of income to be eligible for any In-Lieu claim over the $1,000 minimum level. The agent should ask for certified copies of State or federal tax returns or CPA certified financial reports. Other support may be acceptable on approval of the Regional Manager.

In determination of net income, include income before taxes. Also, include any salary paid to the owner, the owner’s spouse, and dependents. Many specific questions can arise in 12 determining income, and these should be resolved in consultation with the Central Office to assure consistency in administering the program.

Steps in the Process

1. The business operator is interviewed to determine the critical relocation needs, including site, special permits, clientele, and the intentions of the operator to relocate, or discontinue operations. (Use RW-69A(1))
2. The site should be toured with the business operator. Note specialized or complex equipment, inventory storage, offices.
3. The full range of benefits is explained including move expenses, reestablishment cost reimbursement, search expense reimbursement, etc.
4. The “In-Lieu of” payment benefit is explained. If there is interest, information is secured necessary for an eligibility determination (1-5 above)
5. If eligible and displaced person is interested, income facts and necessary documentation to verify income is secured.
6. The displaced business operator is advised of the preliminary determination of the “In-Lieu of” amount.
7. Commitment is sought after business operator has had opportunity to consider benefit options.
8. Claim documentation is assembled and moving cost approval letter is sent.

The Fixed Payment In-Lieu of Actual Cost will be particularly attractive to displaced businesses in the following circumstances:

1. Operator is contemplating retirement, or otherwise has decided to discontinue operations.
2. The “In-Lieu of” payment amount significantly exceeds cost of moving business.
3. Operator desires administrative simplicity of not having to support actual move costs Operator faces loss of clientele, and cash payment will help sustain business after relocationFarms and Non-profits are Eligible A farm operation must be determined to be displaced if the acquisition is a partial take (See 24 VAC 30-41-320 (“Fixed Payment In Lieu of Actual Costs”)). A non-profit 13 organization income, for purposes of the In-Lieu benefit, is gross revenues (fees, donations etc.), less administrative expenses.
4. BUSINESS REESTABLISHMENT EXPENSES Related Procedure: 24 VAC 30-41-310 This benefit is a limited ($25,000 maximum) reimbursement of actual costs incurred by a displaced business (also farm or non-profit) in any of 12 categories. The relocation agent should fully explain the benefit, with particular attention to those items that seem applicable to the specific displaced business. To aid the practical application of this important benefit the reestablishment categories are presented below with examples of cost items that are reimbursable.

Reestablishment Expenses

1. Repairs or improvements required by law.

Is the business subject to health and safety regulations that require that the building be modified? For example: employee shower facilities; sprinkler system; handicap access.

2. Modification to accommodate business operation.

Does the relocation property need renovations to satisfy business needs? For example: Installation of customer counters; office layout; reception area.

3. Construction or installation of exterior signage.

New signage not relocated and paid as a moving cost can be reimbursed as a reestablishment expense.

4. Redecoration or replacement of worn surfaces.

New carpet, paint or wallpaper may be a legitimate need for any business that serves a clientele on site, such as a real estate office, or retail store. 14

5. Advertisement of replacement location.

Any business having a public customer base will have a need to advertise a new location, to some degree. Even a business serving a specialized small clientele will need to print and send notices, as a minimum.

6. Increased Cost of operation for the first two years.

Rent, taxes, insurance, utilities or other operating costs may be reimbursed to the extent they individually exceed what had been paid before displacement.

7. Other items considered essential.

Other legitimate costs proposed for reimbursement should be discussed with the Central Office Relocation Section before approval.

General Discussion It should be evident from the inclusive list and examples that it is not difficult for many displaced businesses to qualify for the maximum claim amount of $25,000. Note that there are no individual item limits, so the claim ceiling may be reached with one or two of the eligible expense categories. The Department has a responsibility to administer this benefit in a manner that is equitable, consistent and in compliance with authorizing legislation.

Therefore, all claims for the reestablishment need to be supported by receipted bills, and clearly referenced to one of the above categories.

Note there is overlap in several of the categories. Repairs and modifications may be performed under items 1,2 or 4.

Note that reinstallation of signage (3) may be paid as a moving expense. It is best to use this option as they are not subject to the $25,000 ceiling as moving expense items. 15 Following items are specifically not eligible for reimbursement: a) purchase of capital assets, b) purchase of raw material or inventory, c) interest on loans. See 24 VAC 30-41-310 C (“Reestablishment Expenses”) for a complete discussion of ineligible items.

The Business reestablishment expense benefit can be an essential help to displaced small businesses, most of which will incur many other unreimbursable direct and indirect costs.

The relocation agent should assist the business operator in identifying legitimate expenses that can be paid with this benefit. 16

6. SUBSTITUTION OF PROPERTY AND ACTUAL DIRECT LOSS OF

TANGIBLE PERSONAL PROPERTY

Related Procedure: 24 VAC 30-41-290

A displaced business (also farm or non-profit organization) owner may choose not to move

certain business personal property to the relocation site. Items may be obsolete, not

functional, or be very bulky. The cost to move such items may exceed their value. The

actual direct loss claim allows the business owner to dispose of such property, and be

reimbursed for any resulting costs or loss, up to the estimated cost to relocate the item.

This payment has two forms, corresponding to whether or not the item not moved is

replaced with an item serving the same function at the replacement business site.

Item is Replaced. (Substitute Equipment Payment)

Under this option the business replaces obsolete equipment with new items serving the

same function.

EXAMPLE

Direct Loss of Tangible Personal Property

Item Replaced (Substitute Equipment Payment)

Speedy Printing Co.

Item not moved – old printing press

Cost of Substitute Item ................................................. $30,000 PLUS: Installation Cost ........................................................ $1,000 Total Cost ............................................................ … $31,000

Proceeds from sale of old printing press .............................. $15,000 LESS: Cost of the sale ........................................................... $1,500 Proceeds of sale................................................ $13,500 Net Loss ($31,000 - $13,500) ………………………………………………………… $17,500

Estimated cost to move and reinstall the old printing press ………….……….$8,000 Speedy Printing Co. is paid $8,000. The payment cannot exceed the estimated cost to move the old printing press.

If the item replaced is traded-in rather than sold, the trade in value is used.

17Item is Not Replaced The Speedy Printing Co. has an obsolete collating machine. They have kept it primarily as a back up for a newer machine. They do not need it at the relocation site and want to sell it before they move. The payment would be as follows:

EXAMPLE Direct Loss of Tangible Personal Property Item Not Replaced Speedy Printing Co.

Item not moved – collating machine

Market value in place for continued use ................................ $5,000 LESS: Net proceeds of sale from site (after selling expenses) ... $3,000 Net Loss ....................................................................................... $2,000

Estimated cost to move and reinstall the item ……………………… $3,000

Direct Loss claim: $2,000 Note that the direct loss claim is the lower of the cost to move, or the net loss on sale.

The direct loss of tangible personal property option allows the business to modernize equipment, or regain cash value for unneeded equipment. The cost to VDOT is no more, and may be less, than if the items were moved.

A program vulnerability in the direct loss benefit is that it is based on estimated, rather than actual cost to move. This can be highly speculative. A specialist should be engaged, and paid, to perform move estimate of equipment that is complex, bulky or otherwise expensive to move.

Another often speculative element is the estimated value for continued use at the existing location (see above example). This will usually be the same as salvage value for equipment that is obsolete and not functioning. However an item not relocated or replaced may have significant value for continued use if it is in use and in good condition. A specialist should be employed to perform the estimate. 18 Steps in the Process

The business operator is interviewed to determine the critical relocation needs, including site, special permits, clientele and to determine the intentions of the operator to relocate, or discontinue operations. (Use RW-69A(1))

The site is toured with the business operator and specialized or complex equipment that appears older or not operational is noted. The function of equipment should be obtained, if it is not obvious.

The full range of benefits is explained including move expenses, reestablishment cost reimbursement, search expense reimbursement etc.

The direct loss option is explained, if it is relevant to the move situation. The business owner is asked to identify specific items that might be sold from the site, or traded in on newer equipment in the process of moving.

All identifying information on direct loss items including make, model, function, age, and condition is obtained and photos are taken of these items.

Estimates are secured for the cost of relocating the specific identified items, including detach and reinstall costs.

The value of items are determined for continued use at the displacement site.

This may require specialist appraisal.

Manner of sale of property likely to yield the highest net proceeds is determined.

All documents and receipts reflecting cost of sale are obtained.

Data on purchase of substitute equipment is secured including function, cost, delivery, setup and installation charges. If item is traded in, trade in value is obtained. Copies of receipted invoices should be obtained. 10.

The direct loss amount is determined using information gathered in above steps, and applying formula in above examples. 11.

Displaced person is advised of amount, and help is offered to complete forms and documentation. 19

7. LAST RESORT HOUSING

Related Procedures: Part 11 – Last Resort Housing 24 VAC 30-41-30 Key Terms (“comparable replacement housing”)

Last Resort Housing (LRH) is the legal and administrative authority to provide comparable

housing when it is not otherwise available. Unavailability may arise because of the lack of

housing supply of the type needed, or because the cost exceeds the displaced person’s

financial means, even with the maximum replacement housing payment of $31,000

(owners), or $7,200 (tenants).

LRH can be very costly in terms of benefit amounts, project lead time, and staff resources.

It is particularly costly if project advertising dates have to be deferred while housing

solutions are planned and implemented. This can delay a needed transportation

improvement or cause higher construction cost. Two strategies can be employed to limit

the need for LRH, or expedite the provision of housing when it is needed. These are

Comparability Review, and Early Identification of Need.

Comparability Review

VDOT is obligated to enable every displaced peson to relocate to comparable replacement

housing. This term might be described as an “as good or better” standard with regard to

housing characteristics. However, care should be taken to ensure that the flexibility that is

provided in the definition of comparable replacement housing is utilized and that

unnecessary upgrading is avoided, particularly in potential LRH situations.

Before determining a benefit under LRH the relocation agent should review the

comparability requirements in reference to the specific displaced persons needs, and

available housing resources.

Special attention should be given to the concept of “functional equivalency”. This key term

in the definition allows for consideration of a range of housing that differs in some physical

20aspects from the displacement house. The important point is that the comparable replacement dwelling perform the same function, and provide the same utility. as the house acquired. It is not necessary that the comparable dwelling must meet a tape measure comparison to the property acquired. Reasonable tradeoffs may be made in specific features when the dwelling is “as good or better’ on an overall basis and satisfies basic needs as to bedrooms and living space. For instance, a garage work area may substitute for basement workshop. Generally, a comparable dwelling should have an equivalent number of rooms and living area. However, a smaller decent safe and sanitary dwelling (which by definition must be “adequate to accommodate” the displaced person), may be considered functionally superior to a larger dwelling in substandard condition. The emphasis is on functional, not physical, equivalency.

Several of the elements of comparable replacement housing deal with the specific needs of a displaced person or family, including financial means, access to employment and access to public and commercial facilities. The needs of potential LRH displaced persons should be identified and critically evaluated. For instance, a displaced person that has a car and presently commutes 15 miles to work, has a greater range of potential “comparable housing” than a neighbor next door who does not have a car and relies on public transit. A displaced family may need to remain in the same school district.

The essential point is that the LRH should be considered applicable only after a careful review is made of the specific requirements of comparability. 21 Early Identification The best approach is to identify the potential need for it early in the relocation process, and intensify efforts to identify and provide housing under normal program parameters.

Most Last Resort Housing cases involve unusual displaced person circumstances or needs such as large family, very low income, disabled or elderly displaced person. These conditions are identifiable at the initial displaced person contact. Initial interviews should be performed as early as possible to explore all conditions relevant to housing needs.

Potential LRH cases identified in the initial contact should be set aside from the overall caseload and marked for priority service. Early identification and action will enable the broadest possible range of housing alternatives to be considered. It will also provide the greatest opportunity for the housing market to produce an existing dwelling meeting the displaced person’s needs, and avoid the need to select upgraded housing, or to construct new housing.

The example on the following page contrasts the replacement housing alternatives considered for a specific LRH case situation, under high priority service vs. normal relocation service. 22

EXAMPLE

Last Resort Housing Options

Facts: Family of 7; 2 (f), 3(m) ages 7,9,11,13,16; youngest autistic-receiving spec. ed. Family income $15,000; 4br home in poor condition, only $10,000 equity. Need 4-5 br replacement; tight housing market. Project ad date – June 1999

Options – LRH Need recognized 9/97 Options – LRH Need recognized 6/98

Ø Explore market(21 months listings) Ø Explore market( 12 months listings) Ø Rehab HUD repossession Ø Purchase upscale 4br(expensive) Ø Good spec. ed. Available in adjacent school Ø Build new house (expensive) district. Find listings Ø Build new house (expensive) Ø Add br to existing 3br house.

Ø Purchase upscale 4br(expensive) Ø Community housing assistance Corp. offers low int. mortgages

238. RELOCATION FORMS The following is a list of all relocation forms and their corresponding reference numbers for the RUMS Library:

RUMS

RUMS LOCATION

FORM # AND DESCRIPTION

R15 Alignment Relocation Assistance Report (No Relocation R16 Alignment Relocation Assistance Report (With Relocation R16A Alignment Relocation Assistance Report - Cost Summary R01 Relocation-General Tab RW59A Notice of Intent to Acquire Owner-occupied R02 Relocation-General Tab RW59B Notice of Intent to Acquire-Tenant Occupied R03 Relocation-General Tab RW59C Notice of Intent to Acquire-Owner w Tenant R04 Relocation-General Tab RW59-1 Relocation Assistance (Residential) R05 Relocation-General Tab RW59-2 Relocation Assistance (Personal Property) R06V2 Relocation-General Tab RW59-3 Relocation Assistance (Business) R21 Relocation-RHP Tab (RW62C) Occupancy Affidavit - Tenants R25V3 Relocation-RHP Tab RW66 Incidental Expenses R29 Relocation-General Tab RW69A Char & Needs of Displaced Individual or Family R30 Relocation-General Tab RW69A1 Char & Needs of Displaced Business,Farm,NPO R90 Relocation-General Tab Ninety Day Assurance Notice 24 R91 Relocation-General Tab Final Vacating Notice

RUMS

RUMS LOCATION

FORM # AND DESCRIPTION

R10 Relocation-Moving Tab Moving Cost Approval - Residential Fixed R11 Relocation-Moving Tab Moving Cost Approval - Commercial Move-Residential R11A Relocation-Moving Tab Moving Cost Approval-Commercial/Self Move-Business R12 Relocation-Moving Tab Moving Cost Approval - Business Fixed Pa R13 Relocation-Moving Tab Moving Cost Approval - Moving Cost Finding R17 Relocation-Moving Tab (RW60A) Moving Cost Application - Family-Individual-PP R18 Relocation-Moving Tab RW60B Moving Cost Application - Bus Farms NPO R26 Relocation-Moving Tab RW67A Moving Cost Payment Claim-Family,Individual, PP R27V2 Relocation-Moving Tab RW67B Moving Cost Payment Claim-Business,Farms,NPO R07 Relocation-RHP Tab RW65A Offer of RHP (180 days or more) R08 Relocation-RHP Tab RW65B Offer of RHP (Less than 180 days) R09 Relocation-RHP Tab RW65C Offer of RHP Owner-Occupant to Rent R14 Relocation-RHP Tab Occupancy Agreement (Purchase) R19 Relocation-RHP Tab (RW62A) Determination of Purchase RHP R20V2 Relocation-RHP Tab (RW62B) Determination of Rental RHP 25 R22 Relocation-RHP Tab RW65A1 Application for Purchase RHP OwnerOcc 90+ R23 Relocation-RHP Tab RW65B1 Application for Purchase RHP OwnerOcc 90+ R32 Relocation-RHP Tab

• Application for Rental RHP

R31 Relocation-RHP Tab (RW69B)Available or Acquired Replacement Housing R28 Relocation-Contacts Tab (RW68A) Contact Record 26

Guidance Document for Determination of Certain Financial Benefits For Displaced Persons

Effective December 13, 2017 Issued by VDOT’s Right of Way and Utilities Division to accompany Chapter 6 24 VAC 30-41-10 et seq. (Rules and Regulations Governing Relocation Assistance)

CONTENTS

INTRODUCTION ................................................................................................. 1

1. REIMBURSEMENT FOR MOVING PERSONAL PROPERTY - RESIDENTIAL .......... 2

2. OWNER PURCHASE SUPPLEMENT .................................................................. 4

3. RENTAL REPLACEMENT HOUSING PAYMENT .................................................. 7

4. FIXED PAYMENT IN LIEU OF ACTUAL COST (IN-LIEU PAYMENT) ................... 10

5. BUSINESS REESTABLISHMENT EXPENSES .................................................... 14

6. ACTUAL DIRECT LOSS OF TANGIBLE PERSONAL PROPERTY ......................... 17

7. LAST RESORT HOUSING ............................................................................. 20

8. FORMS..…………………………………………………………………………24

iIntroduction This document provides guidance in the determination of various types of financial benefits for residential and non-residential displaced persons. It will help the experienced relocation agent to resolve questions that are encountered in administering the program on the project level. It also provides a reference to assist newly assigned relocation personnel to become familiar with basic financial benefit concepts.

The content of this document augments and expands on information presented in 24 VAC 30-41-10 et seq. To assist the reader, references to the regulation are prominently located before the discussion of each benefit.

This attachment limited on eligibility criteria, excluding advisory services or program administration, which are covered in 24 VAC 30-41-10 et seq.

This guidance focuses on basic benefits and typical relocation situations, not on unusual cases. One of the features of relocation is the incidence of cases where the facts “fall between the cracks” of existing policy. Unusual or unique case situations should be brought to the attention of management as soon as identified. Decisions may require special interpretation of policy, while recognizing the importance of consistent and equitable administration of the relocation program on a statewide basis. 1

1. REIMBURSEMENT FOR MOVING PERSONAL PROPERTY -

RESIDENTIAL Related Procedure: Part 5 – Moving Costs - Residential Moves The two move options, actual cost and the moving expense schedule, each have features that a displaced person should carefully consider before making a choice. The relocation agent should explain the options on the initial meeting at which relocation benefits are discussed. The agent should not expect a decision until the displaced person has been advised of the amount of the payment under the schedule, and has had an opportunity to secure an estimate for a commercial move.

The Moving Expense Schedule The schedule payments are based on a room count of the dwelling and other storage areas, such as basements and attics, containing personal property. The schedule is developed by VDOT. It is compiled with schedules of other states and published on a national basis by the Federal Highway Administration. It is updated as requested by the Federal Highway Administration. The relocation agent should be sure of using the latest schedule update when working on a project.

Features of Schedule Move

1. Administratively simple for displaced person and VDOT. No support required for claim beyond the room count, and performance of the move.
2. Allows maximum flexibility; move by family or commercial mover.
3. No additional reimbursement if actual move cost exceeds schedule.
4. No reimbursement for storage, packing, unpacking, or incidental costs like appliance hookup; these are included in the schedule. 2 Features of Actual Move Expense Reimbursement
5. All reasonable costs are paid, including those specified in last bullet above.
6. Requires agent coordination with movers to secure estimates.
7. Storage costs paid up to maximum of 12 months See 24 VAC 30-41-210 C(5).
8. Move reimbursement limited to 50 miles (unless special approval).

Steps in the Process

1. Options and features are explained to the displaced person (see above).
2. All rooms and storage areas with personal property are counted.
3. Displaced person is advised of room count and schedule amount.
4. If no decision on schedule move reimbursement, move bids or estimates are secured. See 24 VAC 30-41-210.
5. Displaced person is asked for a final decision on move reimbursement method.
6. Displaced person moves using own resources or contracts a commercial mover.

Schedule – (for illustration purposes only) 1st Room 2nd Room Additional Rooms Occupant Owns Furniture $300 $500 +$100 Occupant does not own furniture $225 $260 + $35 Important Points

1. The schedule is periodically revised; use the current schedule.
2. A displaced person who does not own furnishings is reimbursed less. Look for the “Occupant does not own furniture column”. This column is included above.
3. A “room” may include outside storage, garage or basement that contains personal property.

Example: An elderly couple with antiques and travel mementos seeks move expense reimbursement.

There are 6 rooms in the house plus basement and garage. A commercial mover has submitted an estimate of $2,000. They ask your advice. 3 Agent should suggest an actual cost commercial move. Schedule will only yield $1,100 (8 rooms).

Higher estimate covers packing, unpacking, insurance. Elderly may prefer not to move themselves; decision rests with the displaced couple.

2. OWNER PURCHASE SUPPLEMENT

2. OWNER PURCHASE SUPPLEMENT

Procedures: 24 VAC 30-41-30 defines “comparable replacement housing”; 24 VAC 30-41-340-370 for eligibility; 24 VAC 30-41-430-480 for payment. Owner purchase supplement equals the difference between acquisition and comparable housing costs.

Before processing claims, verify eligibility: displaced family must occupy the property 90 days before VDOT’s offer; owner occupant must buy and occupy a DSS-compliant dwelling within a year, per 24 VAC 30-41-30.

Steps in the Process

1. Determine Displaced persons eligibility for benefits is determined.
2. Home and family characteristics are identified via interview and inspection; record info on form RW–69A.
3. Essential requirements of comparable replacement housing for the displaced household are determined, in terms of number of bedrooms and baths, and type of dwelling, location characteristics, special needs, such as one floor plan to accommodate elderly or disabled etc. See the definition of “comparable replacement housing” in 24 VAC 30-41-30 (“Definitions”).
4. Search for comparable housing using brokers, listings, observations; locate and inspect at least three to select the most comparable. Use form RW-69B.
5. Price differential is computed using form RW-62A, as shown in the example.
6. Displaced person is advised of max Purchase Supplement and address of most comparable dwelling via form RW-65A(1).
7. Displaced person locates, contracts for purchase, and arranges DSS inspection with assigned agent.
8. Relocation agent performs DSS inspection. Any deficiencies must be corrected before a claim for Purchase Supplement is submitted. 5
9. Displaced person closes on purchase and files claim on form RW-65A(1) or RW-65B(1).

EXAMPLE Owner Purchase Supplement

Cost of comparable .............................................................................. $105,000 LESS: Acquisition price VDOT pays for displacement dwelling ................ $95,000 Maximum Owner Purchase Supplement (price differential) ..................... $10,000

If the replacement costs $100,000, the actual owner purchase supplement is $5,000. Claims are based on the lower of VDOT’s estimate or actual purchase price.

Discussion

Note: VDOT’s purchase supplement is a maximum; actual

claim will be based on amount the displaced person actually pays for a replacement

dwelling, if lower. This is known as the “spend to get” rule. It is important that displaced

persons understand this rule when searching for replacement housing.

The basic owner purchase supplement concept is simple.

However, cases are often complicated by the variety of displaced persons

circumstances and living arrangements that are encountered. In addition, the statutory

The owner purchase supplement model is the full take of a typical dwelling

site. In reality, acquisition types, ownership forms, and

physical characteristics of properties vary. Some special situations are

discussed in Part VIII of the regulation. Situations not addressed in the regulation

should be reported to the Regional Manager or Right of Way Manager.

Coordinate with Central Office to resolve policy questions

promptly, fairly, and consistently.

The owner purchase supplement is part of the total replacement housing

benefit package for owners over 90 days. Other items

include reimbursement of incidental expenses for replacement housing,

6and payment for increased interest costs. This benefit package is referred to collectively as the replacement housing payment. There is a program limit of $31,000 imposed by law on the total amount for the replacement housing payment. However, there is an overriding provision of law that requires comparable replacement housing be made available to displaced persons. The apparent conflict is resolved by considering claims over $31,000 under the special authority and controlling rules of Last Resort Housing.

See Part XI of the regulation for Last Resort Housing details.

Displaced persons must relocate to DSS housing to qualify for payment. The agent should encourage the displaced person to place a clause in any purchase contract that states: “This contract is subject to the house passing an inspection by the Virginia Department of Transportation for compliance with decent safe and sanitary standards”. If an inspection discloses DSS deficiencies, they must be corrected before a claim is accepted by VDOT.

Costs to correct DSS deficiencies paid by the displaced person may be included in the dwelling's total cost.

Displaced persons eligible for an owner purchase supplement may choose to rent, rather than purchase replacement housing. They are eligible for consideration for a rent supplement payment as presented in 24 VAC 30-41-510 (“Owner-Occupant for 90 Days or More Who Rents”). 7

3. RENTAL REPLACEMENT HOUSING PAYMENT

Related Procedure: Part 9

The rental replacement housing payment (rental supplement) is simple in its basic

concept. It is the difference in rent before and after relocation (if any) for 42

months. VDOT determines a maximum based on comparable rent.

available unit. The tenant is informed of this maximum and the specific dwelling.

which it was based. The tenant displaced person then rents a replacement unit and the

actual amount claimed is based on the lower of the rent on the VDOT identified

comparable unit or the actual rented and occupied unit.

EXAMPLE

Rental Assistance Payment (basic)

Determination of Maximum payment: Rent on available comparable rental unit, including utilities…….……. $600 LESS: Displaced person monthly rent including utilities…………….. $550 Monthly rent difference……………………………………………………………. $50

42 months max: $2,100. If actual rent is lower ($575), actual supplement = $25 x 42 = $1,050.

The rent supplement amount actually paid is subject to the same “spend to get” limitation

as with owner purchase supplements. The displaced tenant should be

advised of this provision.

The program ensures housing availability within a displaced person’s

financial means. For tenants classified as “low income” by HUD,

by HUD , housing within financial means is 30% of gross household income. Thus, for

tenants paying 30%+ of income in rent/utilities before relocation.

supplement determination will be based on monthly income, not rent paid.

EXAMPLE

Rent Supplement (low income)

Same facts as above example except 30% of displaced person gross monthly household income from all sources = $510 (income = $1,700) Determination of maximum payment: .... Rent on available comparable rental unit, including utilities …………………….. $600 Less: 30% of displaced person income …………………………………… $510 Monthly rent difference………………………………………………………… $90 X 42 months Maximum Rent Supplement Amount ......................................................... $3,780 The displaced person rented a $575 replacement unit as in above example. The actual amount claimed is thus $2,730 because of the “spend to get” provision ($575-$510 =$65 X42 months = $2,730)

“Base monthly rent” means the lower of 30% of income or the

actual housing cost before displacement.

Steps in the Process

Relocation agent steps are essentially the same

as for the owner purchase supplement. However, two additional data items must be

determined for a tenant displaced person. Monthly gross income must be identified, to

determine if classified as “low income” to provide affordable housing.

In addition, utility costs (heat, water, sewer, and electric) must be determined if they are

not included in stated rent.

Income

Agent should explain income relevance and request verification via pay

stubs, W-2 statements etc. If the displaced person declines to provide verification, the

rent supplement based on actual rent paid.

9Utilities Utilities are a necessary cost of housing and thus part of the determination of the rental benefit. Utility costs (heat, water, sewer, and electric) are to be added to the rent for the displacement determined comparable, and the replacement dwellings to the extent they are not included in the stated rent. Information may be secured or verified by billing statements or utility company records. If actual billings cannot be determined, the utility company may provide average costs for units of different types and sizes.

Special rules: If rent is minimal due to family relationship, market rent may determine the rent supplement.

If low rent results from long tenancy, actual rent is used.

The rent supplement is subject to a limit of $7,200. However, just as with the Owner replacement housing payment, a higher computed payment will be paid under authority of Last Resort Housing.

Full rent supplement can contribute to down payment for displaced tenant purchasing housing.

Section 8 tenants can usually transfer subsidies to replacement dwellings. See 24 VAC 30-41-580.

4. FIXED PAYMENT IN LIEU OF ACTUAL COST (In-Lieu Payment) Related Procedure: 24 VAC 30-41-320 Discussion The “In-Lieu of” Payment, as indicated by its name, is an exclusive alternative to all other payments for which a business (also farms and non-profits) may be eligible. It is a payment based only on income of the enterprise and has no relationship to the cost of relocation.

Payment limits: max $75,000, min $1,000.

In-Lieu payment eligibility criteria summarized below.

1. Business is not part of an entity with over 3 similar locations.
2. Business must materially contribute to income.
3. Business must have movable property on the site, incur move costs, and vacate or relocate.
4. Business cannot relocate without significant patronage loss.
5. Business is not operated solely to rent the dwelling or site.

The above is a summary. Refer to 24 VAC 30-41-320 (“Fixed Payment In Lieu or Actual Costs”) for a complete discussion. The application of the above criteria sometimes presents difficulty, particularly items 2 and 4.

The term ”contribute materially” has a specific definition found at 24 VAC 30-41-30. Note that the 4 part definition is very specific and sets a low threshold of eligibility. Only minor economic activities would not qualify as contributing materially to income.

Substantial patronage loss is assumed unless evidence suggests otherwise, acknowledging displacement disrupts business and income.

In-Lieu payment eligibility is based solely on the above stated criteria. Eligibility is not dependent on any relationship of the amount of the In-Lieu payment to the amount of relocation expenses that would otherwise be eligible for reimbursement.

Benefit: payment equals average annual income over the 2 tax years before displacement, as shown below.

EXAMPLE Fixed Payment In-Lieu Of Actual Cost Joe’s Barber Shop – displaced July 1998 Income: 1998 (1/2 year) ................. $7,000 1997 ................................... $17,000

1996 .................................. $22,000

Payment: $17,000 + $22,000 = $19,500

Joe is eligible for the $19,500 “In-Lieu of” for 2 years, even if he does not relocate. If relocated and move costs exceed $19,500, the claim remains unchanged. The displaced person accepts this payment “in lieu of” all other benefits.

Income The displaced person must provide documentary verification of income to be eligible for any In-Lieu claim over the $1,000 minimum level. The agent should ask for certified copies of State or federal tax returns or CPA certified financial reports. Other support may be acceptable on approval of the Regional Manager.

In determination of net income, include income before taxes. Also, include any salary paid to the owner, the owner’s spouse, and dependents. Many specific questions can arise in 12 determining income, and these should be resolved in consultation with the Central Office to assure consistency in administering the program.

Steps in the Process

1. Operator is interviewed to determine critical needs, including site, permits, clientele, and relocation plans. Use RW-69A(1).
2. The site should be toured with the business operator. Note specialized or complex equipment, inventory storage, offices.
3. Explain the full range of benefits, including move expenses, reestablishment costs, search expenses, etc.
4. Explain the “In-Lieu of” payment; if interested, secure info for eligibility (1-5 above).
5. If eligible and displaced person is interested, income facts and necessary documentation to verify income is secured.
6. Advise the displaced operator of the preliminary “In-Lieu of” amount.
7. Seek commitment after the operator considers benefit options.
8. Assemble claim documents and send moving cost approval.

The Fixed Payment In-Lieu of Actual Cost benefits displaced businesses in specific circumstances:

1. Operator is contemplating retirement or discontinuing operations.
2. The “In-Lieu of” payment significantly exceeds moving costs.
3. Operator desires administrative simplicity of not having to support actual move costs Operator faces loss of clientele, and cash payment will help sustain business after relocationFarms and Non-profits are Eligible A farm operation must be determined to be displaced if the acquisition is a partial take (See 24 VAC 30-41-320 (“Fixed Payment In Lieu of Actual Costs”)). A non-profit 13 organization income, for purposes of the In-Lieu benefit, is gross revenues (fees, donations etc.), less administrative expenses.
4. BUSINESS REESTABLISHMENT EXPENSES Related Procedure: 24 VAC 30-41-310 This benefit is a limited ($25,000 maximum) reimbursement of actual costs incurred by a displaced business (also farm or non-profit) in any of 12 categories. The relocation agent should fully explain the benefit, with particular attention to those items that seem applicable to the specific displaced business. To aid the practical application of this important benefit the reestablishment categories are presented below with examples of cost items that are reimbursable.

Reestablishment Expenses

1. Repairs or improvements required by law.

Is the business subject to health and safety regulations that require that the building be modified? For example: employee shower facilities; sprinkler system; handicap access.

2. Modification to accommodate business operation.

Does the relocation property need renovations to satisfy business needs? For example: Installation of customer counters; office layout; reception area.

3. Construction or installation of exterior signage.

New signage not relocated and paid as a moving cost can be reimbursed as a reestablishment expense.

4. Redecoration or replacement of worn surfaces.

New carpet, paint, or wallpaper may be legitimate needs for on-site businesses like real estate or retail.

5. Advertisement of replacement location.

Any business having a public customer base will have a need to advertise a new location, to some degree. Even a business serving a specialized small clientele will need to print and send notices, as a minimum.

6. Increased operational costs for first two years.

Rent, taxes, insurance, utilities, or other operating costs may be reimbursed if they exceed pre-displacement amounts.

7. Other items considered essential.

Other legitimate costs proposed for reimbursement should be discussed with the Central Office Relocation Section before approval.

General Discussion It should be evident from the inclusive list and examples that it is not difficult for many displaced businesses to qualify for the maximum claim amount of $25,000. Note that there are no individual item limits, so the claim ceiling may be reached with one or two of the eligible expense categories. The Department has a responsibility to administer this benefit in a manner that is equitable, consistent and in compliance with authorizing legislation.

All reestablishment claims must be supported by receipted bills referencing relevant categories.

Categories overlap; repairs and modifications may fall under items 1, 2, or 4.

Reinstallation of signage (3) may be paid as a moving expense, not subject to the $25,000 ceiling. Ineligible items include capital assets, raw materials, inventory, and loan interest. See 24 VAC 30-41-310 for details.

The reestablishment expense benefit helps displaced small businesses, which often face unreimbursed costs.

The relocation agent should help identify legitimate expenses for this benefit.

6. SUBSTITUTION OF PROPERTY AND ACTUAL DIRECT LOSS OF

TANGIBLE PERSONAL PROPERTY

Related Procedure: 24 VAC 30-41-290

A displaced business, farm, or non-profit owner may choose not to move.

certain business personal property to the relocation site. Items may be obsolete, not

functional, or bulky. Moving costs may exceed their value.

actual direct loss claim allows disposal of such property, and be

reimbursed for costs or loss up to the estimated relocation cost.

This payment has two forms, corresponding to whether or not the item not moved is

replaced with an item serving the same function at the replacement business site.

Item is Replaced. (Substitute Equipment Payment)

Under this option the business replaces obsolete equipment with new items serving the

same function.

EXAMPLE

Direct Loss of Tangible Personal Property

Item Replaced (Substitute Equipment Payment)

Speedy Printing Co.

Item not moved – old printing press

Cost of Substitute Item ................................................. $30,000 PLUS: Installation Cost ........................................................ $1,000 Total Cost ............................................................ … $31,000

Sale proceeds: $15,000; Sale cost: $1,500; Net sale: $13,500; Net loss: $17,500

Estimated move/reinstall cost: $8,000; Payment cannot exceed this amount.

Trade-in value applies if replaced item is traded-in instead of sold.

17Item is Not Replaced The Speedy Printing Co. has an obsolete collating machine. They have kept it primarily as a back up for a newer machine. They do not need it at the relocation site and want to sell it before they move. The payment would be as follows:

EXAMPLE Direct Loss of Tangible Personal Property Item Not Replaced Speedy Printing Co.

Item not moved – collating machine

Market value in place for continued use ................................ $5,000 LESS: Net proceeds of sale from site (after selling expenses) ... $3,000 Net Loss ....................................................................................... $2,000

Estimated move/reinstall cost: $3,000

Direct loss claim: $2,000; lower of move cost or sale net loss.

The direct loss of tangible personal property option allows the business to modernize equipment, or regain cash value for unneeded equipment. The cost to VDOT is no more, and may be less, than if the items were moved.

A program vulnerability in the direct loss benefit is that it is based on estimated, rather than actual cost to move. This can be highly speculative. A specialist should be engaged, and paid, to perform move estimate of equipment that is complex, bulky or otherwise expensive to move.

Estimated value for continued use can be speculative; a specialist should appraise it, especially if in good condition and in use. See step 18.

The business operator is interviewed to determine the critical relocation needs, including site, special permits, clientele and to determine the intentions of the operator to relocate, or discontinue operations. (Use RW-69A(1))

The site is toured with the business operator and specialized or complex equipment that appears older or not operational is noted. The function of equipment should be obtained, if it is not obvious.

Explain all benefits: move expenses, reestablishment, search costs, etc.

Explain the direct loss option if relevant; ask owner to identify items for sale or trade-in during move.

All identifying information on direct loss items including make, model, function, age, and condition is obtained and photos are taken of these items.

Obtain estimates for relocating, detaching, and reinstalling identified items.

Determine items' value for continued use at new site.

This may require specialist appraisal.

Determine sale method to maximize net proceeds.

Obtain all sale documents and receipts.

Data on purchase of substitute equipment is secured including function, cost, delivery, setup and installation charges. If item is traded in, trade in value is obtained. Copies of receipted invoices should be obtained. 10.

Calculate direct loss using gathered data and example formulas.

Inform displaced person of amount; assist with forms and documentation.

7. LAST RESORT HOUSING

Related Procedures: Part 11 – Last Resort Housing 24 VAC 30-41-30 Key Terms (“comparable replacement housing”)

Last Resort Housing (LRH) is the authority to provide comparable

housing when it is not otherwise available. Unavailability may arise because of the lack of

housing supply of the type needed, or because the cost exceeds the displaced person’s

financial means, even with the maximum replacement housing payment of $31,000

(owners), or $7,200 (tenants).

LRH can be costly in benefits, project lead time, and staff resources.

It is particularly costly if project advertising dates have to be deferred while housing

solutions are planned and implemented. This can delay a needed transportation

improvement or higher construction costs. Two strategies can limit

the need for LRH, or expedite the provision of housing when it is needed. These are

Comparability Review, and Early Identification of Need.

Comparability Review

VDOT must enable every displaced person to relocate to comparable

housing. This term is described as an “as good or better” standard regarding

housing characteristics. Care should ensure flexibility in the definition of comparable housing

provided in the definition of comparable replacement housing is utilized and that

unnecessary upgrading is avoided, particularly in potential LRH situations.

Before determining a benefit under LRH the relocation agent should review the

comparability requirements in reference to the specific displaced persons needs, and

available housing resources.

Special attention should be given to “functional equivalency,” a key term

in the definition allows consideration of a housing range differing physically

20aspects from the displacement house. The important point is that the comparable replacement dwelling perform the same function, and provide the same utility. as the house acquired. It is not necessary that the comparable dwelling must meet a tape measure comparison to the property acquired. Reasonable tradeoffs may be made in specific features when the dwelling is “as good or better’ on an overall basis and satisfies basic needs as to bedrooms and living space. For instance, a garage work area may substitute for basement workshop. Generally, a comparable dwelling should have an equivalent number of rooms and living area. However, a smaller decent safe and sanitary dwelling (which by definition must be “adequate to accommodate” the displaced person), may be considered functionally superior to a larger dwelling in substandard condition. The emphasis is on functional, not physical, equivalency.

Several of the elements of comparable replacement housing deal with the specific needs of a displaced person or family, including financial means, access to employment and access to public and commercial facilities. The needs of potential LRH displaced persons should be identified and critically evaluated. For instance, a displaced person that has a car and presently commutes 15 miles to work, has a greater range of potential “comparable housing” than a neighbor next door who does not have a car and relies on public transit. A displaced family may need to remain in the same school district.

LRH applies only after reviewing specific comparability requirements. Early identification of potential need is best, to facilitate housing under normal procedures.

Most Last Resort Housing cases involve unusual displaced person circumstances or needs such as large family, very low income, disabled or elderly displaced person. These conditions are identifiable at the initial displaced person contact. Initial interviews should be performed as early as possible to explore all conditions relevant to housing needs.

Potential LRH cases identified in the initial contact should be set aside from the overall caseload and marked for priority service. Early identification and action will enable the broadest possible range of housing alternatives to be considered. It will also provide the greatest opportunity for the housing market to produce an existing dwelling meeting the displaced person’s needs, and avoid the need to select upgraded housing, or to construct new housing.

Next page compares housing options for a LRH case under high priority vs. normal service.

EXAMPLE

Last Resort Housing Options

Family of 7 with 2 (f), 3 (m) aged 7-16; youngest autistic in special ed. Income $15,000; owns a $10,000 equity, poor 4br home. Needs 4-5 br replacement; tight market. Project ad June 1999.

Options – LRH Need recognized 9/97 Options – LRH Need recognized 6/98

Ø Explore market(21 months listings) Ø Explore market( 12 months listings) Ø Rehab HUD repossession Ø Purchase upscale 4br(expensive) Ø Good spec. ed. Available in adjacent school Ø Build new house (expensive) district. Find listings Ø Build new house (expensive) Ø Add br to existing 3br house.

Ø Purchase upscale 4br(expensive) Ø Community housing assistance Corp. offers low int. mortgages

238. RELOCATION FORMS: list of all forms and reference numbers for RUMS Library.

RUMS

RUMS LOCATION

FORM # AND DESCRIPTION

R15 Alignment Relocation Assistance Report (No Relocation R16 Alignment Relocation Assistance Report (With Relocation R16A Alignment Relocation Assistance Report - Cost Summary R01 Relocation-General Tab RW59A Notice of Intent to Acquire Owner-occupied R02 Relocation-General Tab RW59B Notice of Intent to Acquire-Tenant Occupied R03 Relocation-General Tab RW59C Notice of Intent to Acquire-Owner w Tenant R04 Relocation-General Tab RW59-1 Relocation Assistance (Residential) R05 Relocation-General Tab RW59-2 Relocation Assistance (Personal Property) R06V2 Relocation-General Tab RW59-3 Relocation Assistance (Business) R21 Relocation-RHP Tab (RW62C) Occupancy Affidavit - Tenants R25V3 Relocation-RHP Tab RW66 Incidental Expenses R29 Relocation-General Tab RW69A Char & Needs of Displaced Individual or Family R30 Relocation-General Tab RW69A1 Char & Needs of Displaced Business,Farm,NPO R90 Relocation-General Tab Ninety Day Assurance Notice 24 R91 Relocation-General Tab Final Vacating Notice

RUMS

RUMS LOCATION

FORM # AND DESCRIPTION

R10 Relocation-Moving Tab Moving Cost Approval - Residential Fixed R11 Relocation-Moving Tab Moving Cost Approval - Commercial Move-Residential R11A Relocation-Moving Tab Moving Cost Approval-Commercial/Self Move-Business R12 Relocation-Moving Tab Moving Cost Approval - Business Fixed Pa R13 Relocation-Moving Tab Moving Cost Approval - Moving Cost Finding R17 Relocation-Moving Tab (RW60A) Moving Cost Application - Family-Individual-PP R18 Relocation-Moving Tab RW60B Moving Cost Application - Bus Farms NPO R26 Relocation-Moving Tab RW67A Moving Cost Payment Claim-Family,Individual, PP R27V2 Relocation-Moving Tab RW67B Moving Cost Payment Claim-Business,Farms,NPO R07 Relocation-RHP Tab RW65A Offer of RHP (180 days or more) R08 Relocation-RHP Tab RW65B Offer of RHP (Less than 180 days) R09 Relocation-RHP Tab RW65C Offer of RHP Owner-Occupant to Rent R14 Relocation-RHP Tab Occupancy Agreement (Purchase) R19 Relocation-RHP Tab (RW62A) Determination of Purchase RHP R20V2 Relocation-RHP Tab (RW62B) Determination of Rental RHP 25 R22 Relocation-RHP Tab RW65A1 Application for Purchase RHP OwnerOcc 90+ R23 Relocation-RHP Tab RW65B1 Application for Purchase RHP OwnerOcc 90+ R32 Relocation-RHP Tab

• Application for Rental RHP

RHP Replacement Housing (RW69B), Contact Record (RW68A).