Vol. 38 Iss. 2 - September 13, 2021

Chapter 210

REGISTRAR'S NOTICE: The Commonwealth Transportation Board is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 B 3 of the Code of Virginia, which exempts regulations relating to the location, design, specifications, or construction of public buildings or other facilities.

Title of Regulation: 24VAC30-210. Policy on Placing Utilities Underground (repealing 24VAC30-210-10).

Statutory Authority: §§ 33.2-210 and 33.2-348 of the Code of Virginia.

Effective Date: October 14, 2021.

Agency Contact: Jo Anne Maxwell, Governance and Legislative Affairs Division Administrator, Department of Transportation, 1401 East Broad Street, Richmond, VA 23235, telephone (804) 786-1830, or email

Background: The Commonwealth Transportation Board (CTB) adopted this regulation based on authority in § 33.2-348 of the Code of Virginia, which related to the CTB's authority to fund construction and improvement projects for the urban system of state highways and specifically provided limited funding for four localities relating to undergrounding utilities. The regulation consists of a description of the Underground Utility Policy, describing it as a policy that establishes the conditions under which transportation funds shall be used to reimburse a portion of the additional cost involved to place overhead utility facilities underground in connection with new transportation improvement construction and states that the policy applies to projects for the urban system of highways that are created and constructed in accordance with § 33.2-348 of the Code of Virginia. However, § 33.2-348 was repealed, effective July 1, 2016, and the specific statutorily authorized program for funding the relocation of aerial utilities underground was also repealed, effective July 1, 2016. Currently, the Virginia Department of Transportation (VDOT) Utility Manual addresses undergrounding of aerial facilities and provides that additional costs attributable to undergrounding must be borne by the requesting localities.


The amendments repeal Policy on Placing Utilities Underground (24VAC30-210).

VA.R. Doc. No. R21-6882; Filed August 12, 2021