TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMONWEALTH TRANSPORTATION BOARD

Proposed Regulation

Titles of Regulations: 24VAC30-50. Rules and Regulations for the Administration of Waysides and Rest Areas (repealing 24VAC30-50-10).

24VAC30-51. Rules for the Administration of Waysides, Rest Areas, and Parking Lots (adding 24VAC30-51-10 through 24VAC30-51-40).

24VAC30-100. Rules and Regulations for the Administration of Parking Lots and Environs (repealing 24VAC30-100-10).

Statutory Authority: §§ 33.2-210 and 33.2-246 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: November 21, 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 authorizes the Commonwealth Transportation Board to adopt regulations for the protection of and covering traffic on and for the use of systems of state highways and to add to, amend, or repeal such regulations. Section 33.2-246 of the Code of Virginia specifically authorizes the board to establish regulations for the use of recreational waysides. Section 33.2-118 of the Code of Virginia authorizes the board to regulate mobile food vending in commuter parking lots in Planning District 8.

Purpose: The proposed amendments preserve the health, safety, and welfare of the public and the integrity of the facilities by (i) prohibiting potentially dangerous conduct and restricting other conduct that may negatively interfere with the intended uses of these areas and (ii) streamlining the regulations, which will reduce confusion for users of these facilities.

Substance: The proposed amendments (i) combine Rules and Regulations for the Administration of Waysides and Rest Areas (24VAC30-50) and Rules and Regulations for the Administration of Parking Lots and Environs (24VAC30-100) into a new chapter, Rules for the Administration of Waysides, Rest Areas, and Parking Lots (24VAC30-51); (ii) allow state government entities to request permission for activities at and uses and occupation of rest areas not otherwise prohibited by state or federal law; (iii) allow for permitting events in parking lots on weekends; (iv) expand the allowance for mobile food vending to parking lots outside of Planning District 8; and (v) update and clarify language.

Issues: The primary benefits to the public of this action are (i) ensuring that the regulatory requirements are easy to find and understand; (ii) providing more opportunities for productive use of the parking lots on weekends; and (iii) allowing mobile food vendors to obtain permits for more lots than allowed under the current regulations. The action will benefit other state government entities by allowing them to request permission to set up tables or hand out educational materials to the public at Virginia's rest areas, which will also benefit the traveling public. There are no anticipated disadvantages 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. The Commonwealth Transportation Board (board) proposes to repeal the regulations governing waysides and rest areas (24VAC30-50) and parking lots (24VAC30-100) and replace them with a new, untitled regulation (24VAC30-51). The waysides, rest areas, and parking lots referred to here are real property under the ownership, control, or jurisdiction of VDOT.²

Background. The board is proposing to repeal the regulations governing waysides and rest areas (24VAC30-50) and parking lots (24VAC30-100) and replace them with a new, untitled regulation (24VAC30-51) that would govern waysides, rest areas, and parking lots.³ The new regulation would remove the overlapping requirements currently duplicated in both regulations, and would be organized into four sections that respectively apply to: (1) waysides, rest areas, and parking lots; (2) waysides; (3) rest areas; and (4) parking lots. Most requirements would remain identical to those in the existing regulations. There are two significant differences between the existing regulations and the proposed regulation: 1. The proposed regulation would allow persons, organizations, or groups to apply for permits (from the Board) to use parking lots for various purposes or events when the use would not interfere with or disrupt the normal and intended functions of the lots. Requests for permits would be considered on a first-come, first-served basis. Parking lots would only be available for permitted events on Saturdays and Sundays. No more than one event could be scheduled for the same time on the same day. According to VDOT, this addition is in direct response to locality requests to allow events to be held in parking lots on the weekends. 2. The current 24VAC30-100 states Mobile food vending shall be allowed within commuter lots in Planning District 8⁴ except for lots that meet at least one of some specified conditions, including being part of the interstate system, or if the locality requests that lot not be made available for mobile food vending. The proposed regulation (24VAC30-51) says that mobile food vending shall be allowed within commuter lots in Planning District 8, and may be allowed in other parking lots, except parking lots that meet at least one of some specified conditions, which for the most part are the same conditions as stated in in 24VAC30-100. Both 24VAC30-100 and the proposed regulation (24VAC30-51) state that Permission for mobile food vending shall be granted through a land use permit issued by the board to the mobile food vendor in accordance with the Land Use Permit Regulations (24VAC30-151). Additionally, proposed text that does not change requirements or opportunities may have some impact by clarifying what is presently allowed. The proposed regulation would include the following statement: state government entities may request permission for activities at and uses and occupation of rest areas not otherwise prohibited by state or federal law, and the Virginia Department of Transportation may grant such requests at its discretion.

Estimated Benefits and Costs. People, organizations, and groups who wish to use VDOT controlled⁵ parking lots on weekends would benefit from the opportunity to apply for a permit to do so. Since the permit would only be granted when the use would not interfere with or disrupt the normal and intended functions of the lots, there does not appear to be a substantive cost associated with this proposed amendment. Allowing mobile food vendors to apply for permits to use VDOT controlled parking lots on any day of the week in any area of the Commonwealth could substantially benefit mobile food vendors by increasing their opportunity for sales. Since localities can veto specific lots for mobile food vending if it is thought to be problematic, there is likely no substantive cost to this proposed amendment. VDOT acknowledges that state government entities may already request permission for activities at and uses and occupation of rest areas not otherwise prohibited by state or federal law. Nevertheless, the agency believes that stating explicitly in the text that state agency may do so, may encourage more use of rest areas for setting up tables and handing out educational materials to the public. This could be beneficial for the traveling public as they may be better informed as a result of the information provided to them by state government entities.

Businesses and Other Entities Affected. The proposed amendments affect mobile food vendors; people, organizations, and groups who wish to use VDOT controlled parking lots, and state government entities. Data on the number of such individuals and entities are not available. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁶ 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.⁷ Since the proposed regulation neither increases net costs nor reduces net benefits for any entity, no adverse impact is indicated.

Small Businesses⁸ Affected.⁹ The proposed regulation does not adversely affect small businesses.

Localities¹⁰ Affected.¹¹ The proposal concerning mobile food vendors would particularly affect localities outside of Planning District 8, which is the Northern Virginia Regional Commission.¹² Costs for local governments would not be substantively affected.

Projected Impact on Employment. The proposal concerning mobile food vendors may increase employment in that business.

Effects on the Use and Value of Private Property. The proposal concerning mobile food vendors may increase sales and hence value for some such businesses. Real estate development costs would not be affected.

_____________________________

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://law.lis.virginia.gov/admincode/title24/agency30/chapter151/section20/.

³ According to VDOT staff, the terms wayside, rest area, and parking lot are not defined, but are designated pursuant to their location, how they are established, and their intended use, and each qualifying area will be noted as such with signs.

⁴ Planning District 8 is the Northern Virginia Regional Commission.

⁵ Specially, this means under the ownership, control, or jurisdiction of VDOT.

⁶ 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.

⁷ 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.

⁸ 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."

⁹ 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.

¹⁰ "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.

¹¹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

¹² The Northern Virginia Regional Commission includes the following localities: Arlington, Alexandria, Dumfries, Fairfax County, Fairfax City, Herndon, Loudoun, Falls Church, Leesburg, Prince William, Manassas, Vienna, and Manassas Park.

Agency Response to Economic Impact Analysis: The agency accepts the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

As a result of periodic review, the proposed action combines the provisions of Rules and Regulations for the Administration of Waysides and Rest Areas (24VAC30-50), which currently establishes overall policies, procedures, and conditions under which waysides and rest areas may be used, and Rules and Regulations for the Administration of Parking Lots and Environs (24VAC30-100), which establishes the rules and conditions governing the use of and activities that may be conducted in parking lots and related environs, into one new chapter, Rules for the Administration of Waysides, Rest Areas, and Parking Lots (24VAC30-51). The proposed new chapter includes provisions regarding (i) operating hours; (ii) prohibited and restricted activities; (iii) allowance for state government entities to request and be granted permission for activities at and uses and occupation of rest areas not otherwise prohibited by state or federal law; (iv) permitting of events in parking lots on weekends; and (v) expansion of the allowance for mobile food vending to parking lots outside of Planning District 8.

Chapter 51

Rules for the Administration of Waysides, Rest Areas, and Parking Lots

24VAC30-51-10. Provisions concerning the use of waysides, rest areas, parking lots, and environs.

A. While in waysides, rest areas, parking lots and the environs of those spaces, all persons shall obey official posted signs and public notices.

B. No camping is permitted in waysides, rest areas, parking lots, or the environs of those spaces.

C. No person may park a vehicle in such a manner as to occupy more than one parking space in waysides, rest areas, or parking lots.

D. No person may paste, attach, or place bills, advertisements, or inscriptions on vehicles parked in waysides, rest areas, or parking lots.

E. No domestic animals may go at large in waysides, rest areas, parking lots, or the environs of those spaces.

F. While in waysides, rest areas, parking lots, and the environs of those spaces, no person may pick any flowers, foliage, or fruit; cut, break, dig up, mutilate, or injure trees, shrubs, plants, grass, turf, railings, seats, fences, structures, or other objects; or cut, carve, paint, mark, paste, or attach bills, advertisements, or inscriptions on trees, stones, fences, walls, buildings, monuments, or other objects.

G. No person may disturb or injure any bird, bird's nest or eggs, or other animal within waysides, rest areas, parking lots, or the environs of those spaces.

H. No person may dig up or remove any dirt, stones, rock, or other thing, make any excavation, quarry any stone, or lay or set off any blast or cause or assist in any of these activities within waysides, rest areas, parking lots, or the environs of those spaces, except by permit issued pursuant to the Land Use Permit Regulations (24VAC30-151).

I. No oration, demonstration, picketing, public display, assembly, dissemination, or similar activity may occur in waysides, rest areas, parking lots, or the environs of those spaces, except as may be allowed by 24VAC30-51-30 or 24VAC30-51-40. This prohibition does not apply to the Virginia Department of Transportation.

J. No person may offer any article or thing for sale within waysides, rest areas, parking lots, or the environs of those spaces, except pursuant to a vendor contract with the Virginia Department of Transportation by permit in accordance with the Land Use Permit Regulations, or as permitted by 24VAC30-51-40.

K. No person may discharge or set off within waysides, rest areas, parking lots, or the environs of those spaces firearms, fireworks as defined in § 27-95 of the Code of Virginia, or other incendiary device, except by permit issued pursuant to the Land Use Permit Regulations.

L. No bottles, broken glass, wastepaper, or other rubbish may be left within waysides, rest areas, parking lots, or the environs of those spaces, except in such receptacles as may be provided for those materials.

M. Vehicles may only be taken into or driven upon designated locations within waysides, rest areas, parking lots, and the environs of those spaces. Drivers shall obey all traffic signs and markings posted in waysides, rest areas, and parking lots.

N. Any person found in violation of this chapter shall be guilty of a misdemeanor and, upon conviction, be fined not less than $5.00 nor more than $100 for each offense and shall be civilly liable to the Commonwealth for all actual damage caused by a violation of this chapter.

24VAC30-51-20. Provisions governing waysides.

A. Unless otherwise posted, waysides identified by name and without lights are open from 8 a.m. until one hour after sunset, and waysides having security lighting are open at all times.

B. When posted, parking in waysides shall be limited to the period specified.

C. No overnight parking in waysides is permitted.

D. Unless otherwise posted, no person may swim or fish in any waters within a wayside.

E. No person may light, kindle, or use a fire within a wayside or its environs, except at designated areas designed and built for such purposes, in which case the person building the fire is responsible for having it completely extinguished before leaving it. Ashes shall be removed from the designated areas and disposed of in such receptacles as may be provided for ash disposal.

24VAC30-51-30. Provisions governing rest areas.

A. No overnight parking is permitted in rest areas.

B. No sleeping in any section of the rest area building is permitted at any time.

C. No dogs may be taken into any rest area building; guide, hearing, or service dogs as defined by § 51.5-44 of the Code of Virginia are an exception to this rule.

D. No person may light, kindle, or use a fire within a rest area or its environs, except at designated areas designed and built for such purposes, in which case the person building the fire is responsible for having it completely extinguished before leaving it. Ashes shall be removed from the designated areas and disposed of in such receptacles as may be provided for ash disposal.

E. Notwithstanding the provisions of this chapter, state government entities may request permission for activities at and uses and occupation of rest areas not otherwise prohibited by state or federal law, and the Virginia Department of Transportation may grant such requests at its discretion.

24VAC30-51-40. Provisions governing parking lots.

A. Overnight parking may be restricted in accordance with posted signs.

B. In accordance with a permit issued pursuant to the Land Use Permit Regulations (24VAC30-151), the Commonwealth Transportation Board may permit persons, organizations, or groups to use parking lots or parking lot environs for various purposes or events when the use will not interfere with or disrupt the normal and intended functions of the lots.

1. No activities will be permitted that would constitute a violation of, or that are inconsistent with, the provisions of this chapter, state or federal law, or local ordinances, including noise ordinances.

2. Events must provide reasonable safety for all participants, spectators, other parking lot users, and the public.

3. Events must preserve the aesthetic appearance of buildings and grounds and provide for the removal of waste that may be left by event participants or spectators.

4. Requests for permits generally will be considered on a first-come, first-served basis. Parking lots may only be available for permitted events on Saturdays and Sundays. No more than one event will be scheduled for the same time on the same day. This includes permitted setup and takedown time.

5. The Virginia Department of Transportation may require the cancellation of a permitted event and the immediate removal of all related equipment if the permittee violates the permit conditions, does not preserve public safety or order, or does not prevent damage to the parking lot and parking lot environs during the permitted event.

C. Except as authorized by the terms of a land use permit issued to a mobile food vendor, no person may light, kindle, or use any fire within parking lots or parking lot environs.

D. Mobile food vending.

1. Mobile food vending shall be allowed within commuter lots in Planning District 8, and may be allowed in other parking lots, except parking lots that meet at least one of the following conditions:

a. Parking lots or parking lot portions determined to be part of the Interstate system.

b. Parking lots that, as of the last Virginia Department of Transportation survey, had occupancy rates of 98% or higher, except that mobile food vending may be permitted in such lots (i) if a paved area, the use of which does not include or block access to one or more parking spaces, is available within the lot; (ii) if the vending is from a non-motorized cart on sidewalks, provided that the vehicle that is used to transport the cart is not parked in the parking lot; or (iii) on weekends.

c. The locality in which the parking lot is located requested that the parking lot not be made available for mobile food vending.

2. Permission for mobile food vending shall be granted through a land use permit issued to the mobile food vendor in accordance with the Land Use Permit Regulations.

3. In order for a mobile food vendor to be granted or to retain a land use permit for mobile food vending at parking lots pursuant to this subsection, the vendor must comply with all of the following:

a. All relevant locality and Department of Health policies and requirements for mobile food vending.

b. All conditions and requirements set forth within or attached to the land use permit, which may include provisions relating to the location of the vending unit, the collection and disposal of litter, a limitation on vending times, a requirement for minimum insurance, and the provision of surety.

c. Posted signs or public notices setting out regulations or requirements for the use of the parking lot.

d. Ensuring that mobile food vending shall be conducted with pedestrians only and may not be conducted with occupants of vehicles.

e. Neither the mobile food vendor nor the vending operation may interfere with the intended operation of the parking lot and the safety of the lot's users. The determination of interference shall be solely within the discretion of the Virginia Department of Transportation.

f. The mobile food vendor may not post advertising within or upon the grounds of the parking lot or the parking lot environs. Advertising on the mobile food vending unit (e.g., vehicle, trailer, or pushcart) promoting the products or services offered by the mobile food vendor at that mobile food vending unit shall not be considered a violation of this subdivision.

4. Failure to comply with subdivision 3 of this subsection will result in the revocation of the land use permit.