TITLE 8. EDUCATION

VIRGINIA MUSEUM OF FINE ARTS

Fast-Track Regulation

Title of Regulation: 8VAC103-20. Parking Regulations, Appeals and Fines (amending 8VAC103-20-20, 8VAC103-20-30, 8VAC103-20-50).

Statutory Authority: § 23.1-3218 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: July 2, 2025.

Effective Date: July 17, 2025.

Agency Contact: David Cary, Director of Government Relations, Virginia Museum of Fine Arts, 200 North Arthur Ashe Boulevard, Richmond, VA 23220, telephone (804) 340-1628, or email david.cary@vmfa.museum.

Basis: Section 23.1-3218 of the Code of Virginia authorizes the Board of Trustees of the Virginia Museum of Fine Arts (VMFA) to manage, control, maintain, and operate the VMFA, including its contents, furnishings, grounds, funds, property, and endowments.

Purpose: This action is essential to protect the welfare of citizens because it facilitates clear, simple, and accurate information regarding the use of grounds and access to public parking at the VMFA.

Rationale for Fast-Track Rulemaking Process: This action is noncontroversial and therefore appropriate for the fast-track rulemaking process because the amendments do not significantly alter VMFA parking policy and have no direct impact on museum revenue.

Substance: The amendments reduce the number of regulatory requirements regarding parking for visitors on the museum grounds without making any change to the intent of the original document. These changes simply consolidate and simplify the regulation. The changes also remove references to parking meters, which were removed from the grounds of the museum approximately 14 years ago.

Issues: The primary advantage to the public is that the VMFA will have simpler, shorter regulatory documents. The primary advantage to the VMFA is reduced confusion among staff about parking regulation and enforcement and permissible actions on the grounds. The board does not anticipate any disadvantages to the public, the agency, 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 One (2022), the Virginia Museum of Fine Arts (VMFA) proposes to amend the regulation governing parking on the museum campus and areas covered in the regulation.

Background. Executive Directive One (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 The proposed changes include removing duplicative language, combining similar provisions, and condensing the schedule of fines by combining fines of the same value. Subsections pertaining to metered parking, and a $10 fine for exceeding the metered parking time limit, would be struck; the VMFA reports that the parking meters were removed in the 2010s.

Estimated Benefits and Costs. The proposed amendments largely serve to condense the text and remove requirements that the board has deemed obsolete, such as references to parking meters that no longer exist, but without changing the intent of the regulation. According to the board, the changes do not significantly alter VMFA policy and simply shorten the current regulatory document and make it simpler to read and comprehend. Thus, to the extent that the proposed changes are consistent with current agency practice and statute, they are not expected to create new costs.

Businesses and Other Entities Affected. As mentioned previously, the proposed changes would primarily shorten the text of the regulation, without making substantive changes to requirements. 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 Virginia Museum of Fine Arts concurs with the Department of Planning and Budget's economic impact analysis.

Summary:

The amendments (i) revise requirements on the display of valid parking permits; (ii) remove requirements on parking meters, which no longer exist on museum grounds; (iii) revise fee schedules; and (iv) clarify language on loading zones and handicap and reserved spaces.

8VAC103-20-20. General provisions.

A. Registration requirements.

1. All employees parking motorized vehicles on the Virginia Museum of Fine Arts campus must display a parking permit issued by the Parking Services Manager, unless the employee has parked in a designated visitor parking area and is paying the going daily rate.

2. Failure to properly register employee vehicles and to display the permit may result in a fine for the parking violation and possible immobilization of the vehicle.

B. Eligibility for permanent parking permits.

1. A current VMFA ID card, or other evidence of eligibility (e.g., an authorizing signature on a an ID card request form or a letter of employment) will be required when registering for a permanent parking permit.

2. Employees may register motorcycles, mopeds, or motorized scooters in addition to passenger vehicles. No more than one registered employee vehicle may be parked in the designated staff parking area at any time.

3. All vehicles registered must be owned by the registrant or a member of the registrant's family.

4. Each trustee will be automatically issued an ID card that serves as a permanent parking pass for the term of his the trustee's appointment to the board. Trustees unable to produce their electronic ID card will pay the going daily visitor rate to exit the parking facility.

C. Volunteer and intern parking.

1. Departments using the services of volunteer staff may register with the Parking Services Manager for parking privileges at no charge for their the use of a limited number of designated parking spaces. Volunteer permits are valid for no more than a single year (12 months).

2. Departments using the services of interns should direct such persons to visit the Parking Services Office to obtain a temporary parking permit. No fee will be collected for the temporary permit assigned for the terms and duration of the assignment. Availability of permits is limited. Interns will be permitted to park in designated areas as space is available.

3. All permits will be recovered and returned to the Parking Services Manager at the termination of the respective agreement.

D. Visitor parking.

1. Visitors may park in the park and pay facilities or pay-by-the-hour parking areas. All visitors are subject to receiving fines or being immobilized or towed for unauthorized parking in permit only or nonparking areas.

2. Only the Parking Services Office may authorize a visitor to park in an area not designated for visitors.

E. Temporary permits/museum permits and museum guest parking.

1. Departments receiving guests may purchase from the Parking Services Office a temporary parking permit at a reduced daily rate.

2. Employees of companies involved in construction or similar projects on campus may park in a designated job site without a permit. This area should be defined in cooperation with the Parking Services Manager. When parking outside the designated zone, a permit is required and must be purchased from the Parking Services Office.

F. Permit usage and requirement.

1. A permanent parking permit or a temporary permit displayed from the rearview mirror of a passenger vehicle (or in the wind screen of vehicles without rearview mirrors), is required for parking on the VMFA campus in any area other than park and pay and pay-by-the-hour areas. Convertibles, jeeps, or other open top open-top vehicles that may leave a temporary permit unsecured may be issued special decals to be affixed to the windshield.

2. Motorcycles and similar vehicles shall have the parking permit permanently affixed to the vehicle on the front or back fender for visibility. Motorcycles are prohibited from parking in bicycle racks, fire lanes, yellow zones, sidewalks, decks, handicap spaces, access zones, or any other unauthorized space.

3. While permits may be transferred to any vehicle driven by the permit holder, the registered permit holder is responsible for all citations issued to that permit. Permits are not transferable from person to person. No permit is considered legal unless it is purchased directly from the Parking Services Office by the individual and the individual is currently eligible for the permit issued. Vehicles displaying illegal permits will be issued a citation in addition to being immobilized or towed at owner's expense.

4. It is the responsibility of the registrant to remove permanent parking permits from a vehicle when it the vehicle is sold, transferred, or otherwise disposed of.

5. Failure to obtain and display a valid permit may result in parking fines or immobilization of the vehicle until fines are paid.

G. Refunds on parking permits.

1. Employees An employee terminating employment must turn in their the parking permit in order to receive a prorated refund. Employees The employee will be charged from the time the permit was issued through the full month in which they are requesting a the employee requests the refund. Refunds are issued after any remaining debts are paid to the department.

2. No refunds will be given on temporary permits.

H. Replacement of permits.

1. If a hangtag malfunctions, the permit holder may obtain a replacement at no charge by returning the defective permit to the Parking Services Office. If a windshield decal stops adhering, the permit holder may obtain a replacement at no charge by returning the defective permit to the Parking Services Office.

2. If a permanent permit is lost, stolen, or nonreturnable, a charge of $5.00 will be assessed for a replacement.

I. Short-term parking.

1. Metered spaces are provided for the short-term parking convenience of persons visiting the ticket office, museum restaurants or VMFA shop. When the ticket office, restaurants and the shop are normally open, the metered spaces will be limited to short-term parking only.

2. Enforcement.

a. Meter parking is enforced: 7 a.m. until 9:30 p.m. everyday.

b. Persons with a valid DMV-issued handicap license plate or hangtag may use the metered parking spaces at no charge for the first four hours. After four hours the standard rate for the parking space applies.

c. A VMFA parking permit is not valid as payment at meters.

d. Parking or standing at an expired meter is not allowed and will result in a fine.

J. Missing or inoperable meters.

1. Inoperable meters are considered closed spaces; vehicles parked in these spaces are subject to a parking violation. Missing and inoperable meters should be reported to the Parking Services Office immediately for replacement or repair.

2. Cases of meter vandalism may be tried in a Virginia court of law as destruction of property or larceny, in addition to any violation issued.

3. Valid currency.

a. Only United States currency may be used in parking meters.

b. Federal law prohibits the use of other currency, altered U.S. currency, or other objects.

K. I. Loading and unloading spaces.

1. Loading and unloading is permitted only in designated areas and in accordance with the signing of that space. Prohibited and restricted areas, handicapped spaces, fire lanes, and meters are not designated for loading and unloading.

2. Any vehicle loading or unloading in these areas is subject to a fine, or towing, at owner's risk and expense.

3. 2. Use of loading/unloading loading and unloading spaces.

a. A valid VMFA permit must be displayed in order to park in a loading/unloading loading and unloading space.

b. Loading/unloading Loading and unloading parking is limited to the posted time limit unless the Parking Services Office grants an exception for special circumstances. Vehicles exceeding the posted time limit are subject to a fine.

L. J. Parking space availability. The purchase of a parking permit gives the permit holder the right to park in a designated area only when there is space available in that location. The purchase of a parking permit does not guarantee the purchaser access to a parking space at all times.

M. K. Liability disclaimer. VMFA, the Commonwealth of Virginia, and agents of VMFA do not assume responsibility for any vehicle or its contents when parked on museum property. The Neither the museum and nor the state do not Commonwealth assume responsibility for damage to vehicles that are booted, immobilized, or towed due to violations incurred or as a result of other violations.

8VAC103-20-30. Enforcement of parking regulations.

A. Enforcement in general.

1. The chief operating officer of the agency has the overall responsibility for monitoring the enforcement of parking regulations and to direct directing the creation of new or revision of existing regulations, enforcement procedures, and appeals processes.

2. The agency's Protective Services Department and specified licensed security officers employed by private security companies that are contracted by the agency have the authority and duty to enforce the museum's parking regulations through issuing parking permits, issuing and parking citations, coordinating lawful vehicle removal/transfer removal or transfer, immobilization of vehicles, and collection of fines, and to provide a fair method for appealing citations issued.

3. No vehicle operator, including museum employees, shall park a vehicle that violates any of these rules and regulations part of this chapter. Any vehicle found violating these regulations this chapter is subject to a fine.

B. Limitations on enforcement. Only regulations provisions pertaining to the parking of motor vehicles enacted by the Commonwealth of Virginia in this regulation chapter are to be enforced within the jurisdiction described in 8VAC103-20-10 B. Operators of vehicles in violation of the rules and regulations this chapter may only be subject to citation, fine, immobilization of the vehicle, or towing of the vehicle at the owner's risk and expense.

C. Payment of fines for parking violations.

1. Unless otherwise specified, tickets, booting fines, and towing fines must be paid within 10 days of citation issue date.

2. Delinquencies are referred to a collection agency, the Virginia Department of Taxation Division of Set-Off Debt Collection, and credit bureaus. If the account remains unpaid, the individual becomes responsible for the payment of all additional agency costs. Collection costs may be as much as one-third of the balance due to the agency.

D. Parking offenses and enforcement actions.

1. Multiple citations. A vehicle may be issued multiple citations and fines for multiple violations at one time. A vehicle may be issued additional citations for the continued noncompliance of parking regulations, not to exceed one citation per four-hour period for the same violation.

2. Towing.

a. A vehicle may be towed from one area to another for violations of certain restrictions. Vehicles may be moved to an appropriate location or to an impoundment location. All towing arising from enforcement actions is at the owner's risk and expense. Any vehicle impeding the flow of traffic, whether in a roadway or parking lot, is subject to towing at the owner's risk and expense. Towing without notification can occur under certain circumstances.

b. Towing tickets cannot be appealed. All towing tickets must be paid within 10 days of citation issue date.

3. Booting.

a. A vehicle may be immobilized (i.e., booted) if its the registered driver or owner accrues $300 or more of unpaid fines, or has outstanding late fines in excess of 10 days, or if the vehicle has been determined to be abandoned.

b. Tampering with a booted vehicle, without payment and release by an authorized museum staff member, may result in additional action(s) action being taken by the museum in accordance and compliance with all applicable laws.

c. All booting arising from enforcement actions is at the owner's risk and expense. Booting without notification can occur under certain circumstances.

d. Booting tickets cannot be appealed. All booting tickets must be paid within 10 days of citation issue date.

4. Fire lane, handicap, or reserved space violation. A vehicle parked in a fire lane, handicap space, reserved space, or a roadway is subject to towing at the owner's risk and expense.

5. Handicapped space violation. A vehicle improperly parked in a handicapped area is subject to towing at the owner's risk and expense without notice.

6. Reserved space violation. A vehicle improperly parked in a reserved space is subject to towing at the owner's risk and expense without notice.

7. 5. Blocking of egress or ingress. Any vehicle that blocks, impedes, or restricts another vehicle's ability of egress or ingress as a result of violating a parking regulation is subject to towing, at the owner's risk and expense without notice.

8. 6. Overnight parking.

a. Parking facilities at the museum are intended solely for the use of persons with business at the museum during established hours.

b. Overnight parking is permitted for staff on official travel and members and guests on council sponsored council-sponsored excursions only; no other overnight parking is permitted. Those requiring overnight parking for established purposes are to contact the Parking Services Office to make arrangements.

c. Vehicles parked overnight without authorization may be subject to a fine or towing at the owner's risk and expense without notice.

8VAC103-20-50. Schedule of fines.

The following table shows a schedule of fines:

Citation	Definition	Fine
No permit or prohibited zone	No permit on file or displayed or not authorized for parking area	$25
Parking overtime	Parking time limit exceeded	$10
Fire lane	Parking at yellow curbing or signing	$85
Restricted Loading zone or restricted area	Not adhering to Improper or unauthorized use of loading area or other signage or restrictions	$35
Prohibited zone	Not authorized for parking area	$25
Loading zone	Improper/unauthorized use of loading area	$35
Handicapped area	Violation of policy and procedure or restricting access in or out of handicapped area	$100
Blocking handicapped access	Restricting ability to access in or out	$100
Parking in a reserved space/area	No permit for restricted area	$50
Fraudulent display	Use of lost/stolen/counterfeit permit a lost, stolen, or counterfeit permit	$75
Booting and Immobilization	Restricting ability of moving car by device	$50
Improper display	Noncompliance with policy display requirements	$15
Parking over or outside of the lines	Exceeding parameter of designated space control, or parking side by side in a vertical parking area	$15
Double parking	Parking side by side in a vertical parking area	$15