Title of Regulation: 24VAC30-72. Access Management Regulations: Principal Arterials (amending 24VAC30-72-20, 24VAC30-72-30, 24VAC30-72-40, 24VAC30-72-60, 24VAC30-72-150, 24VAC30-72-170).

Statutory Authority: § 33.1-198.1 of the Code of Virginia.

Effective Date: May 11, 2011.

Agency Contact: Paul Grasewicz, AICP, Access Management Program Administrator, Department of Transportation, Maintenance Division, 1401 East Broad Street, Richmond, VA 23230, telephone (804) 662-9721, FAX (804) 662-9405, or email paul.grasewicz@vdot.virginia.gov.

Summary:

The amendments (i) replace references to the recently repealed Land Use Permit Manual (24VAC30-150) with references to the new Land Use Permit Regulations (24VAC30-151); (ii) remove references to the recently repealed Minimum Standards of Entrances to State Highways (24VAC30-71); (iii) remove division names, particularly in the documents incorporated by reference section, to accommodate changes in division names and transfer of responsibilities within VDOT; and (iv) correct minor typographical errors.

24VAC30-72-20. Authority to regulate entrances to highways.

A. VDOT's authority to regulate highway entrances and manage access to highways is provided in §§ 33.1-13, 33.1-197, 33.1-198, 33.1-198.1, and 33.1-199 of the Code of Virginia, and its authority to make regulations concerning the use of highways generally is provided in § 33.1-12 (3) of the Code of Virginia. Each proposed highway entrance creates a potential conflict point that impacts the safe and efficient flow of traffic on the highway; therefore, private property interests in access to the highway must be balanced with public interests of safety and mobility. Managing access to highways can reduce traffic congestion, help maintain the levels of service, enhance public safety by decreasing traffic conflict points, support economic development by promoting the efficient movement of people and goods, reduce the need for new highways and road widening by improving the performance of existing highways, preserve the public investment in new highways by maximizing their efficient operation, and better coordinate transportation and land use decisions.

B. Where a plan of development with the specific location of an entrance or entrances was proffered pursuant to § 15.2-2297, 15.2-2298, or 15.2-2303 of the Code of Virginia prior to July 1, 2008, such entrances shall be exempt from the spacing standards for entrances and intersections in Appendix F of the Road Design Manual (see 24VAC30-70-170 24VAC30-72-170 A) provided the requirements of § 15.2-2307 of the Code of Virginia have been met. Entrances shown on a subdivision plat, site plan, preliminary subdivision plat that is valid pursuant to §§ 15.2-2260 and 15.2-2261 approved in accordance with §§ 15.2-2286 and 15.2-2241 through 15.2-2245 prior to July 1, 2008, shall be exempt from the spacing standards for entrances and intersections in Appendix F of the Road Design Manual.

C. The Commonwealth Transportation Board has the authority to designate highways as limited access and to regulate access rights to those facilities as provided in § 33.1-58 of the Code of Virginia. No private or commercial entrances shall be permitted within limited access rights-of-way except as may be provided for by the regulation titled Change of Limited Access Control (24VAC30-401).

D. Notwithstanding Part IV (24VAC30-150-1680 et seq.) of the Land Use Permit Manual and the Minimum Standards of Entrances to State Highways (24VAC30-71) after the effective implementation date as set forth in 24VAC30-72-30 the The VDOT district administrators or their designees are authorized to issue private entrance permits and commercial entrance permits in accordance with the provisions of this chapter.

E. In cases where the provisions and requirements of this chapter conflict with the Land Use Permit Manual (24VAC30-150) and the Minimum Standards of Entrances to State Highways (24VAC30-71) Regulations (see 24VAC30-72-170 G), the provisions and requirements of this chapter shall govern.

24VAC30-72-30. Application to principal arterials.

A. This chapter shall apply on July 1, 2008, to highways with a functional classification as a principal arterial.

B. Entrance permits to a highway that does not have a functional classification as a principal arterial shall be governed by the provisions of the Land Use Permit Manual (24VAC30-150) and the Minimum Standards of Entrances to State Highways (24VAC30-71) Access Management Regulations: Minor Arterials, Collectors, and Local Streets (24VAC30-73).

C. The commissioner shall annually update and publish maps of the Commonwealth on the VDOT website that show all highways with a functional classification as a principal arterial.

24VAC30-72-40. Administrative procedures and rules for obtaining commercial and private entrance permits.

All applications for entrance permits shall be obtained from and submitted to the district administrator's designee for the county in which the work is to be performed. The permit applicant shall submit the permit application form, and the entrance permit, if approved, will be issued in accordance with the applicable administrative rules, requirements, and procedures of this chapter and the Land Use Permit Manual (24VAC30-150) Regulations (see 24VAC30-72-170 G).

24VAC30-72-60. General provisions governing commercial and private entrances.

A. No entrance of any nature may be constructed within the right-of-way until the location has been approved by VDOT and an entrance permit has been issued. The violation of any provision of this chapter and any condition of approval of an entrance permit shall be subject to the penalties for violations specified in the Land Use Permit Manual (24VAC30-150) Regulations (see 24VAC30-72-170 G).

B. VDOT will permit reasonably convenient access to a parcel of record. VDOT is not obligated to permit the most convenient access, nor is VDOT obligated to approve the permit applicant's preferred entrance location or entrance design. If a parcel is served by more than one road in the systems of state highways, the district administrator's designee shall determine upon which road or roads the proposed entrance or entrances is or are to be constructed.

C. When two or more properties are to be served by the same entrance, the permit applicant shall ensure that there is a recorded agreement between the parties specifying the use and future maintenance of the entrance. A copy of this recorded agreement shall be included in the entrance permit application submitted to the district administrator's designee. The shared entrance shall be identified on any site plan or subdivision plat of the property.

D. The district administrator's designee may require the permit applicant to alter any proposed entrance location or design, whether private or commercial, to obtain the best possible operational characteristics, including, but not limited to, sight distance and entrance spacing.

E. Entrance standards established by localities that are stricter than those of VDOT shall govern.

24VAC30-72-150. Temporary entrances (construction/logging entrances).

A. Construction of temporary construction or logging entrances upon the systems of state highways shall be authorized in accordance with the provisions in the Land Use Permit Manual (24VAC30-150) Regulations (see 24VAC30-72-170 G). The permit applicant must contact the appropriate district administrator's designee to approve the location prior to installing an entrance or utilizing an existing entrance. The district administrator's designee shall also be contacted to arrange and conduct a final inspection prior to closing a temporary construction or logging entrance. In the event that adequate sight distance is not achieved, additional signage that meets the Manual on Uniform Traffic Control Devices standards (see 24VAC30-72-170 D) and certified flaggers shall be used to ensure safe ingress and egress.

B. Entrances shall be designed and operated in such a manner as to prevent mud and debris from being tracked from the site onto the highway's paved surface. If debris is tracked onto the highway, it shall be removed by the permittee immediately as directed by the district administrator's designee.

C. The permittee must restore, at the permittee's cost, all disturbed highway rights-of-way, including, but not limited to, ditches, shoulders, roadside and pavement, to their original condition when removing the entrance. All such restorations are subject to approval by the district administrator's designee.

24VAC30-72-170. Documents incorporated by reference.

A. Road Design Manual (effective January 1, 2005, revised July 2008)

Note: Appendix F (Access Management Design Standards for Entrances and Intersections) contains the access management standards referenced in Chapters 863 and 928 of the 2007 Acts of Assembly and Chapters 274 and 454 of the 2008 Acts of Assembly.

Location and Design Division (VDOT) VDOT Location and Design Engineer 1401 E. Broad Street Richmond, Virginia 23219

B. 2007 Road and Bridge Specifications (effective July 2008)

Scheduling and Contract Division (VDOT) VDOT State Contract Engineer 1401 E. Broad Street Richmond, Virginia 23219

C. Road and Bridge Standards (effective February 1, 2001)

Location and Design Division (VDOT) VDOT Location and Design Engineer 1401 E. Broad Street Richmond, Virginia 23219

D. The Manual on Uniform Traffic Control Devices for Streets and Highways, 2003 Edition (effective December 22, 2003, revised November 2004)

Federal Highway Administration Superintendent of Documents U.S. Government Printing Office P.O. Box 371954 Pittsburgh, PA 15250-7954

E. A Policy on Geometric Design of Highways and Streets, Fifth Edition, 2004

American Association of State Highway and Transportation Officials (AASHTO) 444 North Capitol St. N.W., Suite 225 Washington, D.C. 20001

F. Change of Limited Access Control, 24VAC30-401

Traffic Engineering Division (VDOT) VDOT 1401 E. Broad St. Richmond, VA 23219

G. Land Use Permit Manual, 24VAC30-150 Regulations, 24VAC30-151

Asset Management Division (VDOT) VDOT 1401 E. Broad St. Richmond, VA 23219

H. Policy for Integrating Bicycle and Pedestrian Accommodations, eff. March 18, 2004

Asset Management Division (VDOT) VDOT 1401 E. Broad St. Richmond, VA 23219

I. Highway Capacity Manual 2000

Transportation Research Board 500 Fifth Street, NW Washington, DC 20001

J. Traffic Impact Analysis Regulations, 24VAC30-155

Asset Management Division (VDOT) VDOT 1401 E. Broad St. Richmond, VA 23219

K. Minimum Standards of Entrances to State Highways, 24VAC30-71

Traffic Engineering Division 1401 E. Broad St. Richmond, VA 23219