TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMONWEALTH TRANSPORTATION BOARD

Final 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.

Effective Date: November 19, 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.

Summary:

The 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.

Summary of Public Comments and Agency's Response: No public comments were received by the promulgating agency.

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.