REGULATIONS
Vol. 38 Iss. 12 - January 31, 2022

TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
DEPARTMENT OF TRANSPORTATION
Chapter 151
Final

REGISTRAR'S NOTICE: The Commonwealth Transportation Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The Commonwealth Transportation Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 24VAC30-151. Land Use Permit Regulations (amending 24VAC30-151-710).

Statutory Authority: § 33.2-210 of the Code of Virginia.

Effective Date: March 4, 2022.

Agency Contact: Jo Anne P. Maxwell, Regulatory Coordinator, Policy Division, Virginia Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email joanne.maxwell@vdot.virginia.gov.

Summary:

Pursuant to Chapter 387 of the 2021 Acts of Assembly, Special Session I, the amendment updates a reference to the Code of Virginia where a section cited was repealed.

24VAC30-151-710. Fees.

A. Single use permit. A nonrefundable application fee shall be charged to offset the cost of reviewing and processing the permit application and inspecting the project work, in accordance with the requirements in this subsection:

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

2. Additive costs shall be applied as indicated in this subdivision. The district administrator's designee will determine the total permit fees using the following schedule:

Activity

Fee

Private Entrances

none

Commercial Entrance

$150 for first entrance

$50 for each additional entrance

Street Connection

$150 for first connection

$50 for each additional connection

Temporary Logging Entrance

$10 for each entrance

Temporary Construction Entrance

$10 for each entrance

Turn Lane

$10 per 100 linear feet

Crossover

$500 per crossover

Traffic Signal

$1,000 per signal installation

Reconstruction of Roadway

$10 per 100 linear feet

Curb and Gutter

$10 per 100 linear feet

Sidewalk

$10 per 100 linear feet

Tree Trimming (for outdoor advertising)

in accordance with § 33.2-1221 of the Code of Virginia

Tree Trimming (all other activities)

$10 per acre or 100 feet of frontage

Landscaping

$10 per acre or 100 feet of frontage

Storm Sewer

$10 per 100 linear feet

Box Culvert or Bridge

$5 per linear foot of attachment

Drop Inlet

$10 per inlet

Paved Ditch

$10 per 100 linear feet

Under Drain or Cross Drain

$10 per crossing

Above-ground Structure (including poles, pedestals, fire hydrants, towers, etc.)

$10 per structure

Pole Attachment

$10 per structure

Span Guy

$10 per crossing

Additive Guy and Anchor

$10 per guy and anchor

Underground Utility - Parallel

$10 per 100 linear feet

Overhead or Underground Crossing

$10 per crossing

Excavation Charge (including Test Bores and Emergency Opening)

$10 per opening

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

$150

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

$10

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

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

5. The district administrator's designee may establish an account to track plan review and inspection costs and may bill the permittee not more often than every 30 calendar days. If an account is established for these costs, the permittee shall be responsible for the nonrefundable application fee and the billed costs. When actual costs are billed, the district administrator's designee shall waive the additive fees in subdivision 2 of this subsection.

B. Districtwide permits. Districtwide permits, as defined in 24VAC30-151-30, are valid for a period of two years. The biennial fee for a districtwide permit for utilities and logging operations is $750 per district. The biennial fee for a districtwide permit for surveying is $200 per district. The central office permit manager may exercise discretion in combining requests for multijurisdictional districtwide permits.

C. Miscellaneous permit fees. To connect the facility to the transmission grid pipeline, the operator of a nonutility renewable energy facility that produces not more than two megawatts of electricity from a renewable energy source, not more than 5,000 mmBtus/hour of steam from a renewable energy source, or landfill gas from a solid waste management facility, shall remit to VDOT a one-time permit fee of $1,500 per mile as full compensation for the use of the right-of-way in accordance with § 67-1103 § 56-617 of the Code of Virginia.

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

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

2. Prior-rights permits as defined in 24VAC30-151-30 and 24VAC30-151-390.

3. As-built permits as defined in 24VAC30-151-30.

4. Springs and wells as defined in 24VAC30-151-280.

5. Crest stage gauges and water level recorders as defined in 24VAC30-151-500.

6. Filming for movies as defined in 24VAC30-151-520.

7. Roadside memorials as defined in 24VAC30-151-550.

8. No loitering signs as defined in 24VAC30-151-570.

VA.R. Doc. No. R22-7052; Filed January 06, 2022