Vol. 38 Iss. 2 - September 13, 2021

Chapter 390

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: 24VAC30-390. Virginia Scenic Highways and Byways (repealing 24VAC30-390-10).

Statutory Authority: § 33.2-405 of the Code of Virginia.

Effective Date: October 14, 2021.

Agency Contact: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Virginia Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, FAX (804) 225-4700, or email

Background: Section 33.2-405 of the Code of Virginia states that the Commonwealth Transportation Board (CTB) is authorized to designate any highway as a scenic highway or as a Virginia byway and further requires that the designation be made in cooperation with the Director of the Department of Conservation and Recreation (DCR). DCR and the Virginia Department of Transportation executed a Memorandum of Agreement (MOA) dated July 6, 1995, outlining the general responsibilities and obligations of each party in recommending Scenic Highways and Virginia Byways to the CTB. When the MOA was updated in 2018 to provide clarity to the recommendation process, the CTB adopted a set of written goals and policies to guide it in making future decisions on designating Scenic Highways and Byways. The regulation provides guidance to the CTB when it makes decisions on designating Scenic Highways and Byways, and therefore is redundant and not necessary as the purpose of the regulation can be accomplished through the written goals and policies adopted by the CTB via the MOA with the DCR.


The amendments repeal Virginia Scenic Highways and Byways, (24VAC30-390).

VA.R. Doc. No. R21-6613; Filed August 23, 2021