TITLE 9. ENVIRONMENT
STATE WATER CONTROL BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and a small business impact review of 9VAC25-210, Virginia Water Protection Permit Program Regulation, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated November 5, 2020, to support this decision.
This regulation is necessary for the protection of state waters and the uses of such waters; animal and aquatic life; and public health, safety, and welfare. This regulation establishes general procedures and requirements for the issuance of Virginia Water Protection (VWP) permits for the activities authorized by such permits in accordance with the provisions of State Water Control Law and the Clean Water Act. This regulation is clearly written and easily understandable.
The regulation is effective, continues to be needed, and is being retained. This regulation establishes procedures and requirements for the issuance of VWP permits. One comment was received during the periodic review supporting the current regulation. Comments were also submitted requesting the regulation be revised.
This regulation establishes procedures for applying for a VWP permit and permit coverage, criteria to be met as part of the permit and permit coverage, and the processes for issuing VWP permits and permit coverage. This regulation is clearly written and easily understandable. This regulation includes the joint application process, a process for obtaining corresponding permits from the Virginia Marine Resources Commission, the Virginia Department of Environmental Quality, and local wetlands boards. This process assists the applicants with obtaining approvals needed for their project through a consolidated submission of information. This process does not conflict with state or federal law.
The Virginia Water Protection Permit Program regulation was last amended by the State Water Control Board in 2020 to conform to changes to state law. This regulation protects water quality in Virginia. This regulation does allow for some activities to occur under the provisions of individual permits, or general permits and general permit coverage. The use of general permits minimizes the impact the regulations have on a segment of the regulated community, which may potentially benefit small businesses.
Contact Information: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and a small business impact review of 9VAC25-660, Virginia Water Protection General Permit for Impacts Less Than One-Half Acre, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated November 5, 2020, to support this decision.
This regulation is necessary for the protection of state waters and the uses of such waters; animal and aquatic life; and public health, safety, and welfare. This regulation establishes general procedures and requirements for the issuance of coverage under Virginia Water Protection (VWP) general permits for activities for impacts less than one half acre in accordance with the provisions of State Water Control Law and the federal Clean Water Act. This general permit regulation provides a streamlined permitting process for projects meeting certain requirements. This regulation is clearly written and easily understandable.
The regulation is effective, continues to be needed, and is being retained. This regulation issues the VWP general permit for impacts less than one-half acre. The regulation also establishes streamlined procedures and requirements for the issuance of coverage under this general permit. Without general permit regulations, the only option would be to seek authorization under an individual permit.
One comment was received during the periodic review supporting the current regulation. Comments were also submitted requesting the regulation be revised. This regulation establishes procedures for applying for VWP general permit coverage, criteria to be met as part of the permit and permit coverage, and the process for issuing VWP permit coverage. This regulation is clearly written and easily understandable.
The basis for this regulation is State Water Control Law, the Clean Water Act, and the Virginia Water Protection Permit Program regulation (9VAC25-210). The general permit is a streamlined permitting process for projects that would otherwise be required to obtain an individual permit under 9VAC25-210. This regulation includes the joint application process, a process for obtaining corresponding permits from the Virginia Marine Resources Commission, the Virginia Department of Environmental Quality, and local wetlands boards. This process assists the applicants with obtaining approvals needed for their project through a consolidated submission of information. This process does not conflict with state or federal law.
The Virginia Water Protection General Permit for Impacts Less Than One-Half Acre was last amended by the State Water Control Board in 2020 to conform to changes in state law. This regulation protects water quality in Virginia. This regulation does allow for some activities to occur under the provisions of general permits and general permit coverage. The use of general permits minimizes the impact the regulations have on a segment of the regulated community, which may potentially benefit small businesses.
Contact Information: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and a small business impact review of 9VAC25-670, Virginia Water Protection General Permit for Facilities and Activities of Utility and Public Service Companies Regulated by the Federal Energy Regulatory Commission or the State Corporation Commission and Other Utility Line Activities, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated November 5, 2020, to support this decision.
This regulation is necessary for the protection of state waters and the uses of such waters; animal and aquatic life; and public health, safety, and welfare This regulation establishes general procedures and requirements for the issuance of coverage under Virginia Water Protection (VWP) general permits for facilities and activities of utility and public service companies regulated by the Federal Energy Regulatory Commission (FERC) or the State Corporation Commission (SCC) and other utility line activities in accordance with the provisions of State Water Control Law and the federal Clean Water Act. This general permit regulation provides a streamlined permitting process for projects meeting certain requirements. This regulation is clearly written and easily understandable.
The regulation is effective, continues to be needed, and is being retained. This regulation issues the VWP general permit for facilities and activities of utility and public service companies regulated by the FERC or the SCC and other utility line activities. The regulation also establishes streamlined procedures and requirements for the issuance of coverage under this general permit. Without general permit regulations, the only option would be to seek authorization under an individual permit.
One comment was received during the periodic review supporting the current regulation. Comments were also submitted requesting the regulation be revised. This regulation establishes procedures for applying for VWP general permit coverage, criteria to be met as part of the permit and permit coverage, and the process for issuing VWP permit coverage. This regulation is clearly written and easily understandable.
The basis for this regulation is State Water Control Law, the Clean Water Act, and the Virginia Water Protection Permit Program regulation (9VAC25-210). The general permit is a streamlined permitting process for projects that would otherwise be required to obtain an individual permit under 9VAC25-210. This regulation includes the joint application process, a process for obtaining corresponding permits from the Virginia Marine Resources Commission, the Virginia Department of Environmental Quality, and local wetlands boards. This process assists the applicants with obtaining approvals needed for their project through a consolidated submission of information. This process does not conflict with state or federal law.
The Virginia Water Protection General Permit for facilities and activities of utility and public service companies regulated by the FERC or the SCC and other utility line activities in 2020 to conform to changes in state law. This regulation protects water quality in Virginia. This regulation does allow for some activities to occur under the provisions of general permits and general permit coverage. The use of general permits minimizes the impact the regulations have on a segment of the regulated community, which may potentially benefit small businesses.
Contact Information: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and a small business impact review of 9VAC25-680, Virginia Water Protection General Permit for Linear Transportation Projects, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated November 5, 2020, to support this decision.
This regulation is necessary for the protection of state waters and the uses of such waters; animal and aquatic life; and public health, safety, and welfare. This regulation establishes general procedures and requirements for the issuance of coverage under Virginia Water Protection (VWP) general permits for linear transportation projects in accordance with the provisions of State Water Control Law and the Clean Water Act. This general permit regulation provides a streamlined permitting process for projects meeting certain requirements. This regulation is clearly written and easily understandable.
The regulation is effective, continues to be needed, and is being retained. This regulation issues the VWP general permit for linear transportation projects. The regulation also establishes streamlined procedures and requirements for the issuance of coverage under this general permit. Without general permit regulations, the only option would be to seek authorization under an individual permit.
One comment was received during the periodic review supporting the current regulation. Comments were also submitted requesting the regulation be revised. This regulation establishes procedures for applying for VWP general permit coverage, criteria to be met as part of the permit and permit coverage, and the process for issuing VWP permit coverage. This regulation is clearly written and easily understandable.
The basis for this regulation is State Water Control Law, the Clean Water Act, and the Virginia Water Protection Permit Program regulation (9VAC25-210). The general permit is a streamlined permitting process for projects that would otherwise be required to obtain an individual permit under 9VAC25-210. This regulation includes the joint application process, a process for obtaining corresponding permits from the Virginia Marine Resources Commission, the Virginia Department of Environmental Quality, and local wetlands boards. This process assists the applicants with obtaining approvals needed for their project through a consolidated submission of information. This process does not conflict with state or federal law.
The Virginia Water Protection General Permit for Linear Transportation Projects was last amended in 2020 to conform to changes in state law. This regulation protects water quality in Virginia. This regulation does allow for some activities to occur under the provisions of general permits and general permit coverage. The use of general permits minimizes the impact the regulations have on a segment of the regulated community, which may potentially benefit small businesses.
Contact Information: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Water Control Board conducted a periodic review and a small business impact review of 9VAC25-690, Virginia Water Protection General Permit for Impacts from Development and Certain Mining Activities, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated November 5, 2020, to support this decision.
This regulation is necessary for the protection of state waters and the uses of such waters; animal and aquatic life; and public health, safety, and welfare. This regulation establishes general procedures and requirements for the issuance of coverage under Virginia Water Protection (VWP) general permits for impacts from development and certain mining activities in accordance with the provisions of State Water Control Law and the federal Clean Water Act. This general permit regulation provides a streamlined permitting process for projects meeting certain requirements. This regulation is clearly written and easily understandable.
The regulation is effective, continues to be needed, and is being retained. This regulation issues the VWP general permit for impacts from development and certain mining activities. The regulation also establishes streamlined procedures and requirements for the issuance of coverage under this general permit. Without general permit regulations, the only option would be to seek authorization under an individual permit.
One comment was received during the periodic review supporting the current regulation. Comments were also submitted requesting the regulation be revised. This regulation establishes procedures for applying for VWP general permit coverage, criteria to be met as part of the permit and permit coverage, and the process for issuing VWP permit coverage. This regulation is clearly written and easily understandable.
The basis for this regulation is State Water Control Law, the Clean Water Act, and the Virginia Water Protection Permit Program regulation (9VAC25-210). The general permit is a streamlined permitting process for projects that would otherwise be required to obtain an individual permit under 9VAC25-210. This regulation includes the joint application process, a process for obtaining corresponding permits from the Virginia Marine Resources Commission, the Virginia Department of Environmental Quality, and local wetlands boards. This process assists the applicants with obtaining approvals needed for their project through a consolidated submission of information. This process does not conflict with state or federal law.
The Virginia Water Protection General Permit for Impacts from Development and Certain Mining Activities was last amended by the State Water Control Board in 2020 to conform to changes in state law. This regulation protects water quality in Virginia. This regulation does allow for some activities to occur under the provisions of general permits and general permit coverage. The use of general permits minimizes the impact the regulations have on a segment of the regulated community, which may potentially benefit small businesses.
Contact Information: Melissa Porterfield, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238.
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TITLE 17. LIBRARIES AND CULTURAL RESOURCES
BOARD OF HISTORIC RESOURCES
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Historic Resources conducted a periodic review and a small business impact review of 17VAC5-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated September 22, 2020, to support this decision.
This regulation meets the criteria set out in Executive Order 14, as amended, July 16, 2018, as it is necessary for the protection of public health, safety, and welfare and is clearly written and easily understandable. This regulation satisfies the provisions of the law and legally binding state requirements and is effective in meeting its goals. The regulation is, therefore, being retained without amendment.
This regulation continues to be needed to meet the requirements of state law and regulations concerning public participation guidelines. No complaints or comments have been received concerning the content of the regulation or its complexity. The regulation sets out the state requirements for public participation and does not overlap, duplicate, or conflict with other state laws or regulations.
Contact Information: Jennifer Pullen, Executive Assistant, Department of Historic Resources, 2801 Kensington Avenue, Richmond, VA 23221, telephone (804) 482-6085.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Historic Resources conducted a periodic review and a small business impact review of 17VAC5-20, Regulations Governing Permits for the Archaeological Removal of Human Remains, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated September 22, 2020, to support this decision.
This regulation meets the criteria set out in Executive Order 14, as amended, July 16, 2018, as it is necessary for the protection of public health, safety, and welfare and is clearly written and easily understandable. This regulation satisfies the provisions of the law and legally binding state requirements and is effective in meeting its goals. The regulation is, therefore, being retained without amendment.
This regulation continues to be needed to meet the requirements of state law and regulations concerning the regulations governing permits for the archaeological removal of human remains. No complaints or comments have been received concerning the content of the regulation or its complexity. The regulation sets out the state requirements for issuing permits for the archaeological removal of human remains and does not overlap, duplicate, or conflict with other state laws or regulations.
Contact Information: Jennifer Pullen, Executive Assistant, Department of Historic Resources, 2801 Kensington Avenue, Richmond, VA 23221, telephone (804) 482-6085.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Historic Resources conducted a periodic review and a small business impact review of 17VAC5-30, Evaluation Criteria and Procedures for Designations by the Board of Historic Resources, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated September 22, 2020, to support this decision.
This regulation meets the criteria set out in Executive Order 14, as amended, July 16, 2018, as it is necessary for the protection of public health, safety, and welfare and is clearly written and easily understandable. This regulation satisfies the provisions of the law and legally binding state requirements and is effective in meeting its goals. The regulation is, therefore, being retained without amendment.
This regulation continues to be needed to meet the requirements of state law and regulations concerning the evaluation criteria and procedures for designations by the Board of Historic Resources. No complaints or comments have been received concerning the content of the regulation or its complexity. The regulation sets out the state requirements for evaluating criteria and procedures and does not overlap, duplicate, or conflict with other state laws or regulations.
Contact Information: Jennifer Pullen, Executive Assistant, Department of Historic Resources, 2801 Kensington Avenue, Richmond, VA 23221, telephone (804) 482-6085.
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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
COMMONWEALTH TRANSPORTATION BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board (CTB) conducted a periodic review and a small business impact review of 24VAC30-61, Rules and Regulations Governing the Transportation of Hazardous Materials through Bridge-Tunnel Facilities, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated September 18, 2020, to support this decision.
This regulation meets the criteria set out in Executive Order 14. The regulation is necessary for the protection of the public health, safety, and welfare. A hazardous material spill in a bridge-tunnel facility can be particularly difficult to clean up and can cause significant damage, especially when the facility is in an urban area or near water. The regulation is clearly written and easily understandable.
The CTB is proposing to retain the regulation as is. The regulation provides restrictions on the transport of hazardous materials over state-owned bridge-tunnel facilities (four urban, water-proximate facilities in the Hampton Roads District, and two rural, distanced-from water facilities in the Bristol District). The Commonwealth Transportation Board believes the existing regulation is the least burdensome means for addressing the purpose of the regulation. There is a continued need for this regulation as it provides safety guidelines and rules for transporting hazardous materials through bridge-tunnel facilities. The CTB has received no complaints concerning this regulation. There is no overlap, duplication, or conflict with federal or state law or regulation. Only members of the trucking industry traveling on specific facilities are affected by this regulation, so it is limited in the number of affected parties as well as the location of the routes. The regulation was last reviewed in 2010.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board (CTB) conducted a periodic review and a small business impact review of 24VAC30-315, Standards for Use of Traffic Control Devices to Classify, Designate, Regulate, and Mark State Highways, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated September 20, 2020, to support this decision.
The CTB recommends retaining the regulation as is. The regulation is required by federal law and promotes the health, safety and welfare of the travelling public. The regulation is necessary for the protection of public health, safety, and welfare. Uniform standards for traffic control devices (signs, roadway markings, traffic signals, work zone devices, and highway/rail grade crossing devices) promote safe, orderly, and efficient use of the highways for all road users. The regulation is clearly written and easily understandable.
The regulation remains needed. The CTB has received no complaints concerning the regulation, and although long and detailed, the regulation is not complex. The regulation adopts federal standards as required by federal law and does not conflict with that federal law. The regulation was adopted in 2012 pursuant to a CTB resolution dated December 7, 2011, and has not been amended since.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board (CTB) conducted a periodic review and a small business impact review of 24VAC30-340, Debarment or Suspension of Contractors, and determined that this regulation should be repealed. The board is publishing its report of findings dated September 21, 2020, to support this decision.
Although the regulation is clearly written and easily understandable, the regulation is not necessary for the protection of public health, safety, and welfare because it merely provides guidance to CTB in making future determinations on debarment, which ensure that the Virginia Department of Transportation does not conduct business with a person or firm that has an unsatisfactory record of integrity and business ethics. Because the Department of General Services (DGS) has adopted procedures for debarment that apply to all state agencies, the regulation is not necessary.
The CTB recommends repeal of 24VAC30-340, Debarment or Suspension of Contractors and recommends further that Virginia Department of Transportation review the current policy to ensure that it continues to satisfy requirements of Virginia law and federal rules. There is not a continuing need for the regulation. Because DGS has adopted procedures for debarment that apply to all state agencies, the regulation is not necessary. CTB has received no complaints concerning the regulation. The regulation is not overly complex. The regulation is not necessary in light of the procedures for debarment adopted by DGS. The decision to repeal the regulation will have no impact on small business given that CTB may follow the procedures adopted by another state agency. The policy was last updated in 1995.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and a small business impact review of 24VAC30-390, Virginia Scenic Highways and Byways, and determined that this regulation should be repealed. The board is publishing its report of findings dated September 8, 2020, to support this decision.
The regulation is intended to preserve highway corridors with high aesthetic or cultural values leading to or within areas of historical, natural, or recreational values, and to preserve and enhance the natural beauty and cultural value of lands through which state highways traverse. More than 3,500 miles of highway in the Commonwealth have received such a designation. Although the regulation is clearly written and easily understandable, it is not necessary for the protection of the public health, safety, and welfare, because the purpose for which the regulation was adopted can be accomplished through other means.
The CTB is proposing that this regulation be repealed. Section 33.2-405 of the Code of Virginia allows the CTB cooperate with the Department of Conservation and Recreation (DCR) to designate Scenic Highways and Byways. The CTB adopted a policy in 1973 on making such designations and entered into a memorandum of agreement (MOA) with DCR in 1995. The adopted policy and MOA were amended in 2018. The current regulation just provides guidance to the CTB when it makes future decisions on designating Scenic Highways and Byways and therefore is not necessary as a regulation. The purpose of the regulation can be accomplished through the written goals and policies adopted by the CTB and by the MOA with DCR. Repealing this regulation does not impact small businesses. The Commonwealth Transportation Board has received no complaints concerning this regulation. The regulation is not complex, and is consistent with federal and state law. The regulation was reviewed in 2006 and again in 2018.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board (CTB) conducted a periodic review and a small business impact review of 24VAC30-490, Roads in the Grounds of State Institutions, and determined that this regulation should be repealed. The board is publishing its report of findings dated September 1, 2020, to support this decision.
This regulation consists of internal Virginia Department of Transportation (VDOT) documents, specifically a department memorandum and CTB policy regarding roads in the grounds of state institutions. These internal documents facilitate VDOT's ability to fulfill its mission which is clearly related to public safety and welfare; however VDOT does not believe that these documents should continue to be a regulation, as no regulation is statutorily required and the purpose of the regulation can be met by CTB policy and departmental memorandum.
The regulation is not required by federal law or regulations or by state law. The regulation is also duplicative of internal VDOT documents designed to carry out the CTB policy on the standards for roads in the grounds of state institutions to be accepted into the primary state highway system. VDOT believes that the purpose of the regulation can be met by the CTB policy and departmental memorandum, therefore VDOT recommends repeal of this regulation. There is no continued need for this regulation. VDOT has received no complaints concerning the regulation. The regulation is not complex and does not conflict with state or federal law. The regulation was last reviewed in 2001. Repealing this regulation does not impact small businesses, as CTB policy and internal VDOT department memorandum regarding roads in the grounds of state institutions will remain in place at VDOT.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830.
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board (CTB) conducted a periodic review and a small business impact review of 24VAC30-500, Roads in the Grounds of State Parks, and determined that this regulation should be repealed. The board is publishing its report of findings dated September 3, 2020, to support this decision.
Although the regulation is clearly written and easily understandable, it is not necessary for the protection of the public health, safety, and welfare. The regulation gives discretionary guidance to the CTB and Commissioner of Highways concerning future actions of the CTB or Commissioner of Highways. The purpose of the regulation therefore can be accomplished through the Virginia Department of Transportation's (VDOT's) existing guidance document, CTB's policy, and the Commissioner of Highways' department memorandum on the subject.
VDOT recommends repeal of the regulation because the regulation gives discretionary guidance to the CTB and Commissioner of Highways concerning future actions of the CTB or Commissioner of Highways. The purpose of the regulation therefore can be accomplished through existing VDOT guidance and CTB policy and the Commissioner of Highways’ department memorandum on the subject. Repealing this regulation does not impact small businesses because the regulation concerns the responsibility for maintenance of roads on state-owned park grounds and the purpose of the regulation can be accomplished by existing internal documents, such as a guidance document, CTB policy, and department memorandum. Therefore, VDOT has determined that there is no continued need for the regulation. VDOT has received no complaints concerning the regulation. The regulation is not complex and does not conflict with federal or state law. The regulation has not been amended.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830.
DEPARTMENT OF TRANSPORTATION
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department of Transportation (VDOT) conducted a periodic review and a small business impact review of 24VAC30-540, Conveyance of Land and Disposal of Improvements, and determined that this regulation should be retained in its current form. The department is publishing its report of findings dated September 23, 2020, to support this decision.
The regulation sets forth policy and procedures for the Commissioner of Highways to recommend transfer or conveyance of residue and surplus land that had been acquired in contemplation of a highway construction project based upon highest and best use. The regulation is necessary for the protection of public health, safety, and welfare, and is clearly written and easily understandable.
VDOT recommends retaining the regulation as is. The regulation is an effective mechanism in helping to ensure that the agency's resources are used effectively, and it clearly articulates policy and protocol for the transfer or conveyance of residue and surplus land with an emphasis on highest and best use. A periodic review of this regulation was last performed in September 2001 and the regulation was amended effective June 2001. This regulation helps to ensure effective use of highway resources by setting forth the policy and procedures for the conveyance of land no longer needed by VDOT. Typically, the original landowner is offered right of first refusal, with exceptions to that policy clearly articulated in the regulation. The regulation also emphasizes the importance of conveying surplus VDOT right of way based on its highest and best use.
This regulation is clearly written and easily understandable. VDOT is unaware of any undue burden placed on small business due to the regulation. VDOT has received no complaints concerning the regulation and the regulation is not overly complex. The regulation is consistent with federal and state law.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830.