TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMONWEALTH TRANSPORTATION BOARD

Proposed Regulation

Title of Regulation: 24VAC30-21. General Rules and Regulations of the Commonwealth Transportation Board (amending 24VAC30-21-10, 24VAC30-21-20, 24VAC30-21-50; repealing 24VAC30-21-30, 24VAC30-21-40).

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

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 18, 2025.

Agency Contact: Jo Anne Maxwell, Director, Governance and Legislative Affairs, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, or email joanne.maxwell@vdot.virginia.gov.

Basis: Section 33.2-210 of the Code of Virginia gives the Commonwealth Transportation Board (CTB) the authority to promulgate regulations for the protection of, for covering traffic on, and for the use of systems of state highways.

Purpose: The proposed amendments protect the health, safety, and welfare of citizens by reducing confusion for regulated entities by removing text that is unnecessary and by ensuring regulatory requirements are only associated with the most appropriate regulation and not unnecessarily restated in multiple regulations.

Substance: The proposed amendments (i) streamline regulatory text and remove requirements restated in other regulations, (ii) clarify definitions, and (iii) clarify the restrictions on activities occurring on bridges that form a part of the system of state highways.

Issues: The primary benefit to the public is that the proposed amendments ensure that the regulation is easy to read and understand. This action is not anticipated to present a disadvantage to the public or the Commonwealth.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. In response to Executive Order 19 (2022) and Executive Directive 1 (2022), the Commonwealth Transportation Board (CTB) proposes to amend the regulation governing activities, including maintenance work, that occur on highways that are under the jurisdiction of the CTB and Virginia Department of Transportation (VDOT). The proposed changes would update definitions, remove requirements that are duplicative of other VDOT regulations, and consolidate and streamline the remaining requirements.

Background. Executive Directive 1 (2022) directs executive branch entities under the authority of the Governor to initiate regulatory processes to reduce by at least 25% the number of regulations not mandated by federal or state statute, in consultation with the Office of the Attorney General, and in a manner consistent with the laws of the Commonwealth.² Accordingly, VDOT reports that the CTB conducted a review of this regulation and identified amendments that would remove redundant requirements and increase the clarity of the regulation. This action would also be used to conduct a new periodic review. The most substantive changes are summarized as follows: The definition of right-of-way in 24VAC30-21-10 would be updated to explicitly include the subsurface below and area above the property, which would clarify that work involving utilities that cross a highway are included in the purview of this regulation. This and other wording changes in the definition are intended to conform the definition to current law and practice. 24VAC30-21-20 currently pertains to permits and 24VAC30-21-30 pertains to the use of right-of-way; these sections would be combined. 24VAC30-21-30 would be repealed in its entirety and most requirements would be added to 24VAC30-21-20, which would be renamed "General provisions concerning permits and use of right-of-way". The permit requirement currently in 24VAC30-21-20 A would be amended to add a reference to 24VAC 30151 Land Use Permit Regulations and subsections B and C would be struck as they are duplicative of requirements in that regulation. A prohibition on parking, currently in 24VAC30-21-30, would be removed as it is duplicative of language in 24VAC30-640 Parking on Primary and Secondary Highways. Lastly, an exemption for highway maintenance vehicles or vessels currently in 24VAC30-21-30 would be expanded to included fire and law enforcement vehicles or vessels. All other requirements in 24VAC30-21-30 would be moved to 24VAC30-21-20 as is. 24VAC30-21-40 would be repealed in its entirety as it is duplicative of 24VAC30-73 Access Management Regulations and 24VAC30-151 Land Use Permit Regulations.

Estimated Benefits and Costs: The proposed amendments largely serve to clarify and streamline the text without changing the intent of the regulation. Thus, to the extent that the proposed changes are consistent with current practice and statute, they are not expected to create new costs. One of the proposed changes would newly exempt fire and law enforcement from restrictions on activities on bridges that are part of the highway network. These restrictions currently prohibit (i) fishing; (ii) using a bridge as a wharf from which to load or unload a vehicle, to deposit property, or for any other purpose except crossing; and (iii) fastening or laying a vessel alongside a bridge. To the extent that fire or law enforcement agencies need to tie a boat or other water vessel to a bridge, they would benefit from having these exemptions in the regulation rather than having to obtain permission from VDOT to do so.

Businesses and Other Entities Affected. The proposed changes would largely remove redundant language and clarify the text. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁴ Since the proposed changes do not change the substance of the regulation or create new costs, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposed amendments do not adversely affect small businesses.

Localities⁷ Affected.⁸ The proposed amendments do not disproportionately affect particular localities or affect costs for local governments.

Projected Impact on Employment. The proposed amendments do not affect total employment.

Effects on the Use and Value of Private Property. The proposed amendments neither affect the use and value of private property nor real estate development costs.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf.

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Commonwealth Transportation Board concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The proposed amendments (i) update definitions, (ii) combine 24VAC30-21-20 and 24VAC30-21-30, (iii) update cross-references, (iv) remove duplicative requirements, (v) clarify restrictions on activities occurring on bridges that form a part of the system of state highways, and (vi) expand exemptions for highway maintenance vehicles or vessels to include fire and law-enforcement vehicles or vessels.

24VAC30-21-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Board" means the Commonwealth Transportation Board.

"Commissioner" means the Commissioner of Highways, the individual who serves as the chief executive officer of the Virginia Department of Transportation (VDOT) or his designee.

"Commonwealth" means the Commonwealth of Virginia.

"Right of way "Right-of-way" means that property within the entire area of every way or place of whatever nature within the system of state highways under the ownership, control, or jurisdiction of the board or VDOT that is open or is to may be opened within the future for the use of the public for purposes of travel for public travel or use or both in the Commonwealth. This definition includes those rights-of-way in which the Commonwealth has a prescriptive easement for maintenance and public travel. The area set out above includes not only property within a right-of-way includes the traveled portion but the entire area within and without the traveled portion, from boundary line to boundary line, and also all way and associated boundary lines and the area in between, the subsurface below and area above the property, parking and recreation areas that are under the ownership, control, or jurisdiction of the board or VDOT, rest and service areas, and other permanent easements for a specific purpose appurtenant to the right-of-way.

"System of state highways" means all highways and, roads, streets, and trails under the ownership, control, or jurisdiction of the board VDOT, including, but not limited to, the primary, secondary, and interstate systems.

"VDOT" means the Virginia Department of Transportation, the Commissioner of Highways, or a designee.

24VAC30-21-20. General provisions concerning permits and use of right-of-way.

A. No work, occupancy, or nontransportation uses of any nature shall may be allowed or performed on the system of state highways or any real property under the ownership, control, or jurisdiction of the board or VDOT, including, but not limited to, the right of way right-of-way of any highway in the system of state highways, until written permission is first obtained from VDOT. Written permission under this section is granted by way of permit. In addition, pursuant to 24VAC30-151 or by the letting of a contract by and between VDOT or the board and any other party, which automatically grants to that party automatically such permission for the area under contract, unless otherwise stated in the contract. VDOT is authorized to establish specific requirements for such permits, including, but not limited to, permit authority, application procedure, and conditions under which a permit may be denied or revoked.

B. No land use permit shall be issued until the applicant has complied with the conditions set forth in and pursuant to applicable VDOT regulations filed as part of the Virginia Administrative Code.

C. Applicants to whom permits are issued shall at all times indemnify and save harmless the board, members of the board, the Commonwealth, and all Commonwealth employees, agents, and officers from responsibility, damage, or liability arising from the exercise of the privileges granted by these permits.

D. B. Any structure placed upon or within the right of way right-of-way pursuant to a permit issued by VDOT or otherwise shall be relocated or removed whenever ordered by VDOT. Such relocation or removal shall be accomplished at no expense to the Commonwealth unless VDOT agrees or has agreed otherwise.

C. The following restrictions apply to activities occurring on bridges forming a part of the system of state highways:

1. No person may fish or seine from any bridge except when facilities are provided for such purposes as set out in § 33.2-278 of the Code of Virginia.

2. No person may use any bridge as a wharf from which to load or unload a vehicle, as a place of deposit of property, or for any other purpose except crossing.

3. No master or owner of a vessel may make it fast to or lay it alongside such bridge.

4. Provisions of this subsection shall not apply to highway maintenance vehicles or vessels or fire and law-enforcement vehicles or vessels.

D. No person may, without the consent of VDOT, remove, injure, destroy, break, deface, or in any way tamper with property, real or personal, that is growing or has been placed on the right-of-way by or with the consent of VDOT.

E. No person may cause water to flow from any source upon the right-of-way, cause an increase of the water at present lawfully on the right-of-way, or concentrate the flow of water upon the right-of-way without the written consent of VDOT.

F. No road, railroad, or tracks of any description may be laid along, upon, or across any portion of a highway in the system of state highways without the written consent of VDOT.

24VAC30-21-30. General provisions concerning use of right of way. (Repealed.)

A. No person, firm, or corporation shall use or occupy the right of way of any highway for any purpose except travel, except as may be authorized by VDOT, either pursuant to regulation or as provided by law.

B. Except as permitted by subdivision 2 of this subsection, the following restrictions apply to activities occurring on bridges forming a part of the system of state highways:

1. No person, firm, or corporation shall stand or park a vehicle of any description on any bridge unless authorized by VDOT.

2. No person shall fish or seine from any bridge except when facilities are provided for such purposes as set out in § 33.2-278 of the Code of Virginia.

3. No person, firm, or corporation shall use any bridge as a wharf from which to load or unload any vehicle, as a place of deposit for any property, or for any other purpose except crossing.

4. No master or owner of any vessel shall make it fast to or lay it alongside such bridge.

5. Provisions of this subsection shall not apply to highway maintenance vehicles or vessels.

C. No person, firm, or corporation shall, without the consent of VDOT, remove, injure, destroy, break, deface, or in any way tamper with any property, real or personal, that is growing or has been placed on the right of way of any highway within the system of state highways by or with the consent of VDOT.

D. No person, firm, or corporation may cause water to flow from any source upon the right of way of any highway within the system of state highways, nor shall any person, firm, or corporation cause any increase of the water, at present, lawfully on the right of way of any highway or concentrate the flow of water upon the right of way of any highway in the system of state highways without the written consent of VDOT.

E. No road, railroad, or tracks of any description shall be laid along, upon, or across any portion of a highway in the system of state highways without the written consent of VDOT.

24VAC30-21-40. Board authority to regulate entrances from adjacent property to right of way of highways within the state highway system. (Repealed.)

The board, under § 33.2-210 of the Code of Virginia, reserves the power to regulate entrances from adjacent property upon the right of way of any highway within the system of state highways. No entrance of any nature shall be made, built, or constructed upon the right of way of any highway within the system of state highways until the location has been determined in the opinion of the commissioner or designee of VDOT to be acceptable from a public safety standpoint and, further, until approval has been granted by VDOT. The design and construction of such entrances as approved by the commissioner pursuant to §§ 33.2-241 and 33.2-245 of the Code of Virginia must comply with VDOT's regulations where applicable.

24VAC30-21-50. Placement of airport or heliport facilities.

No airport runways, heliports, or similar facilities, either private or commercial, shall may be placed adjacent to highway rights of way rights-of-way in such a manner as to impede the safe flow of vehicular traffic. Runways or similar facilities shall be placed a proper distance to allow a minimum glide slope for aircraft of 3° approaching said runway, or at a height over the roadway of 30 feet, whichever is greater. All airports or heliports, or both, proposed in the vicinity of highway rights of way rights-of-way shall take these minimum road clearances into consideration when planning the location of the end of their runways.