TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMONWEALTH TRANSPORTATION BOARD

Fast-Track Regulation

Title of Regulation: 24VAC30-91. Subdivision Street Requirements (amending 24VAC30-91-160).

Statutory Authority: §§ 33.2-210 and 33.2-326 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: December 17, 2025.

Effective Date: January 1, 2026.

Agency Contact: Steven Jack, Regulatory Manager, Department of Transportation, 1221 East Broad Street, Richmond, VA 23219, telephone (804) 786-3885, or email steven.jack@vdot.virginia.gov.

Basis: The Commonwealth Transportation Board's general authority to adopt regulations is provided in § 33.2-210 of the Code of Virginia. Section 33.2-326 of the Code of Virginia vests in the Virginia Department of Transportation the control, supervision, management, and jurisdiction over the secondary system of highways.

Purpose: The proposed amendment is essential to protecting public health, safety, and welfare because it ensures regulants are able to better understand and comply with the appropriate standards for the construction of subdivision streets intended to be accepted into the secondary system of state highways. The proposed change removes an obsolete requirement and adds clarity.

Rationale for Using Fast-Track Rulemaking Process: This rulemaking is expected to be noncontroversial because it removes an unnecessary document incorporated by reference (DIBR) from 24VAC30-91.

Substance: The Subdivision Street Requirements (24VAC30-91) will be amended to remove an unnecessary DIBR listed in 24VAC30-91-160.

Issues: The primary advantage to the public and the agency is the increased clarity of the regulatory text. There are no disadvantages to the public or the Commonwealth from this regulatory action.

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 (CTB) proposes to remove a document incorporated by reference (DIBR) from the Subdivision Street Requirements (24VAC30-91) because it is no longer referenced in the body of the regulatory text.

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, the CTB reviewed existing regulations and found that this regulation includes a DIBR, the Standard Specifications for Highway Bridges, effective 1996 issued by the American Association of State Highway and Transportation Officials, which is no longer referenced in the regulatory text and is thus obsolete. Per the regulations of the Virginia Code Commission, the material in a DIBR becomes the text of the regulation and an enforceable part of the regulation (1VAC7-10-140). Accordingly, the CTB seeks to remove this obsolete document from the list of DIBRs for this regulation.

Estimated Benefits and Costs. The proposed change would benefit readers of the regulation by updating the list of DIBRs; the proposed change would not create any new costs.

Businesses and Other Entities Affected. This regulation governs subdivision street development and the criteria for acceptance of these streets by the Virginia Department of Transportation for subsequent maintenance. The documents in the DIBR list pertain to and govern the design and construction features of subdivision street development. Thus, removing an obsolete DIBR would benefit land developers and individuals in local governments who may refer to this regulation in the course of preparing or reviewing plans that include the construction of subdivision streets. 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 amendments would not increase any costs or reduce benefits, an adverse impact is not indicated.

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

Localities⁷ Affected.⁸ The proposed amendments do not affect any locality in particular and would not increase costs for local governments.

Projected Impact on Employment. The proposed amendments are not expected to have an impact on employment.

Effects on the Use and Value of Private Property. The proposed amendments do not appear to substantively 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 Department of Transportation accepts the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The amendment removes an unused document that was incorporated by reference into Subdivision Street Requirements (24VAC30-91).

24VAC30-91-160. Listing of documents (publications) incorporated by reference.

Information pertaining to the availability and cost of any of these publications should be directed to the address indicated below the specific document. Requests for documents available from the department may be submitted to VDOT; however, department documents may be available over the Internet at www.vdot.virginia.gov.

1. Drainage Manual, effective April 2002.

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

2. Land Use Permit Regulations, 24VAC30-151, effective March 17, 2010.

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

3. Pavement Design Guide for Subdivision and Secondary Roads in Virginia, effective August 1, 2000.

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

4. Road and Bridge Specifications, effective 2002.

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

5. Road Design Manual, effective January 1, 2005.

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

6. Subdivision Street Design Guide (Appendix B: Road Design Manual, effective January 1, 2005)

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

7. Road and Bridge Standards, effective February 1, 2001.

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

8. Standard Specifications for Highway Bridges, effective 1996.

American Association of State Highway and Transportation Officials

North Capital Street, Suite 225

Washington, DC 20001

VDOT Modifications to document above

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

9. 8 . Virginia Erosion and Sediment Control Handbook, effective 1992.

Division of Soil and Water Conservation with The Virginia Erosion and Sediment Control Law and Regulations

Division of Soil and Water Conservation

Governor Street, Suite 206

Richmond, Virginia 23219

10. 9 . Highway Capacity Manual, effective 2000.

Transportation Research Board

Keck Center of the National Academies

Transportation Research Board

500 Fifth Street, NW

Washington, DC 20001

Attn: TRB Publications Sales & Affiliate Services

11. 10 . VDOT Erosion and Sediment Control and Stormwater Management Program Specifications Manual (effective March 1, 2004).

VDOT

1401 E. Broad Street

Richmond, Virginia 23219

12. 11 . Policy for Integrating Bicycle and Pedestrian Accommodations—Commonwealth Transportation Board (effective March 18, 2004.) Note: This policy reference is included in the regulation only for informational purposes and is not considered a regulatory provision. Applicable elements of this policy are stated in the regulation itself.