Title of Regulation: 24VAC30-401. Change of Limited Access Control (amending 24VAC30-401-20).

Statutory Authority: §§ 33.1-12 and 33.1-58 of the Code of Virginia.

Effective Date: May 11, 2011.

Agency Contact: Richard R. Bennett, State Right of Way Director, Department of Transportation, 1401 East Broad St., Richmond, VA 23219, telephone (804) 786-2923, or email richard.bennett@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The amendments (i) replace references to the recently repealed Land Use Permit Manual (24VAC30-150) with references to the new Land Use Permit Regulations (24VAC30-151) and (ii) change the citation for the General Rules and Regulations of the Commonwealth Transportation Board from 24VAC30-20 to 24VAC30-21 to reflect the new replacement regulation.

24VAC30-401-20. Policy and conditions.

A. Any change in limited access that is not covered under the General Rules and Regulations of the Commonwealth Transportation Board (24VAC30-20-80) (24VAC30-21) as authorized by the CTB or commissioner in the department's Land Use Permit Manual (24VAC30-150) Regulations (24VAC30-151) is considered a change of limited access control.

B. Change of limited access control will be considered only in limited, special situations. The CTB will not consider a change in limited access control without a written determination from the chief engineer.

C. Any proposed change in limited access control shall, at a minimum, meet the following conditions:

1. Requests for limited access control changes shall be made in writing to the district administrator in charge of the construction district where the requested change in limited access control is proposed.

2. Requests must be accompanied by the following:

a. A resolution, letter of support, or formal request, or any combination of these, from the locality within which the highway is located where the change in limited access is proposed.

b. A global traffic analysis prepared by the requestor, which the department will review and approve prior to further action.

c. An environmental analysis of the proposed change in limited access provided by the requestor, which the department will review and approve prior to further action.

3. Prior to review by the department, requestors shall:

a. Pay for expenses associated with the department's posting of a Willingness for Public Comment notice to allow public input to be collected concerning the request prior to CTB action. If the requestor is a locality making a request for change in limited access control for public transportation purposes, the chief engineer may waive the requirement to pay for the posting.

b. Post a deposit sufficient to cover the estimated cost associated with considering the request, including the department's expenses in completing the required reviews, posting, approvals, and any other steps involved. The amount of the deposit will be determined by the estimated amount of research and engineering and the cost of the appraisal required to process the request prior to CTB approval. If the actual cost to consider the request exceeds the estimated cost, the requestor shall pay the department the difference. This sum is in addition to any monetary compensation required.

4. A determination by the chief engineer that the change will not adversely affect the safety or operation of the highway.

5. If the location of the request for limited access control change is in an area determined to be a nonattainment area for air quality, the district must verify that the proposed limited access change has been through an air quality conformity review.

D. If the proposed change in limited access does not meet the conditions set forth above, the chief engineer is authorized to deny the request. The chief engineer shall notify the requestor in writing of the denial and the right to a review by the CTB.

E. The chief engineer shall notify the CTB of all denials.

F. The requestor, within 30 days of the date of denial, and any CTB member may request the full CTB to review any denials for change of limited access.

G. Upon the date of CTB approval of the request, the requestor shall have 180 days to submit the monetary or other consideration, and to secure all necessary permits from the department. Failure to comply with these requirements within the specified period shall render the CTB approval void. The department will convey any necessary land rights as necessary to comply with the request.