TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMONWEALTH TRANSPORTATION BOARD

Final 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.

Effective Date: March 11, 2026.

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:

As a result of periodic review, the 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 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.

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

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.