Title of Regulation: 24VAC30-73. Access Management Regulations: Minor Arterials, Collectors, and Local Streets (adding 24VAC30-73-10 through 24VAC30-73-170).

Statutory Authority: §33.1-198.1 of the Code of Virginia.

Public Hearing Information:

October 28, 2008 - 1 p.m. - (Richmond) John Tyler Community College, Chester Campus, Bird Hall, Room B124, Chester, VA

October 30, 2008 - 1 p.m. - (Staunton) Augusta County Government Center, Supervisors' Board Room, Verona, VA

November 5, 2008 - 10 a.m. - (Northern Virginia) Virginia Department of Transportation, Northern Virginia District Office, Fairfax Conference Room, 1st Floor, Chantilly, VA

November 12, 2008 - 1 p.m. - (Dublin (West of Blacksburg) New River Community College, Edwards Hall, Room 206, Dublin, VA

Public Comments: Public comments may be submitted until December 15, 2008.

Agency Contact: Paul Grasewicz, AICP, Access Management Program Administrator, Department of Transportation, Maintenance Division, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-0778, FAX (804) 662-9405, or email paul.grasewicz@vdot.virginia.gov.

Basis: Chapters 863 and 928 of the 2007 Acts of Assembly (HB 2228 and SB 1312, respectively) amended §§ 33.1-13, 33.1-198 and 33.1-199 of the Code of Virginia, and added § 33.1-198.1 to the Code of Virginia. The legislation requires the Commonwealth Transportation Commissioner to develop comprehensive highway access management regulations and standards.

In response to this directive, regulations (Access Management Regulations (12/07)) were drafted, along with related access management design standards for entrances and intersections. The regulations and design standards were to be used to manage the location, number, and spacing and design of entrances and intersections, including median openings, turn lanes, traffic signals, and interchanges on the systems of state highways.

Although initial promulgation of the regulations was exempt from the Administrative Process Act (APA) (§2.2-4000 et seq. of the Code of Virginia), the legislation directed the commissioner to solicit and consider public comment in their development. The commissioner was further directed by the legislation to publish the regulations no later than December 31, 2007, to be effective July 1, 2008.

These new access management regulations and design standards were to replace and supersede the Minimum Standards of Entrances to State Highways (24VAC30-71) and Part IV, Entrance Permits, of the Land Use Permit Manual (24VAC30-150).

The mandate to develop and promulgate access management regulations is new, but the regulation of entrances is not. The Highway Commission, predecessor to the Commonwealth Transportation Board, originally established minimum standards for entrances in 1946. Part IV of the Land Use Permit Manual (24VAC30-150), along with the Minimum Standards of Entrances to State Highways (24VAC30-71), served as the basis for the Access Management Regulations (12/07) and the access management design standards for entrances and intersections.

During the 2008 General Assembly session, Chapters 274 and 454 were enacted to provide that the Access Management Regulations (12/07) be promulgated in phases. The first phase (initial promulgation of regulations applicable to highways with a functional classification as a principal arterial) was exempt from the APA, and the regulations went into effect July 1, 2008. Subsequent phases (promulgation of regulations applicable to highways classified as a minor arterials, collectors, and local streets) are subject to the APA and will go into effect October 1, 2009. The legislation provided that the general notice concerning proposed Access Management Regulations published in The Virginia Register on October 15, 2007, shall be considered a valid Notice of Intended Regulatory Action pursuant to the APA for promulgation of this second phase.

To accommodate the mandate of Chapters 274 and 454 of the 2008 Acts of Assembly for promulgation of the first phase of regulations, VDOT revised 24VAC30-72-30 of the Access Management Regulations (12/07) and the related access management design standards for entrances and intersections to remove language related to minor arterials, collectors, and local streets. In response to these directives, the Access Management Regulations: Principal Arterials and the related access management design standards for entrances and intersections for principal arterials only apply to highways with a functional classification of principal arterial. The Access Management Regulations: Principal Arterials and the related access management design standards for entrances and intersections for principal arterials went into effect July 1, 2008.

The access management design standards for principal arterials are included as a new Appendix F in the Road Design Manual, which are incorporated by reference in the final Access Management Regulations: Principal Arterials. Access management design standards for minor arterials, collectors, and local streets are included as new Appendix G in the Road Design Manual, which are incorporated by reference in the proposed Access Management Regulations: Minor Arterials, Collectors, and Local Streets. They are available at http://www.vdot.virginia.gov/accessmgt/.

To satisfy the second phase of the promulgation of access management regulations in accordance with Chapters 274 and 454 of the 2008 Acts of Assembly, VDOT is publishing the proposed Access Management Regulations: Minor Arterials, Collectors, and Local Streets, which include the related access management design standards to be applicable to highways with a functional classification of minor arterial, collector, and local. These design standards are incorporated by a reference in the regulations to the Road Design Manual, an approach which was used previously when the Access Management Regulations: Principal Arterials were published. These proposed regulations are being processed in accordance with the APA and are mandated to go into effect October 1, 2009, after their approval by the commissioner. The Commonwealth Transportation Board will need to repeal the Minimum Standards of Entrances to State Highways (24VAC30-71) prior to the October 1, 2009, effective date. Minor revisions will also be necessary to the General Rules and Regulations of the Commonwealth Transportation Board (24VAC30-20), since these regulations refer to the Minimum Standards and regulation of entrances.

Purpose: Section 33.1-198.1 of the Code of Virginia directs the commissioner to develop comprehensive highway access management regulations and standards with the purpose to preserve and improve the efficient operation of the systems of state highways through the regulation of access to state highways. The final Access Management Regulations: Principal Arterials, proposed Access Management Regulations: Minor Arterials, Collectors, and Local Streets, and related access management design standards for entrances and intersections were prepared in response to this legislative directive.

The legislation declares it to be in the public interest that access management regulations and design standards for entrances and intersections be developed and implemented to enhance the operation and safety of the systems of state highways in order to protect the public health, safety, and general welfare while ensuring that private property is entitled to reasonable access to the systems of state highways. The stated goals for the access management regulations and design standards are to:

1. Reduce traffic congestion and impacts to the level of service of highways, leading to reduced fuel consumption and air pollution;

2. Enhance public safety by decreasing traffic crash rates;

3. Support economic development in the Commonwealth by promoting the efficient movement of people and goods;

4. Reduce the need for new highways and road widening by improving the performance of the existing systems of state highways; and

5. Preserve public investment in new highways by maximizing their performance.

Note on Functional Classification

Functional classification means the federal system of classifying groups of highways according to the character of service they are intended to provide and classifications made by the VDOT Commissioner based on the operational characteristics of a highway. Each highway is assigned a functional classification based on the highway’s intended purpose for through traffic movement vs. providing access to property. The functional classification system groups highways into three basic categories identified as (i) arterial, with two subclasses of “principal” and “minor,” with the primary function to provide through-movement of traffic; (ii) collector, with the function of supplying a combination of through-movement and access to property; and (iii) local, with the primary function of providing access to property.

This regulation applies to minor arterials, collectors, and local streets. Minor arterials interconnect with and augment the principal arterial system which serves traffic of statewide and regional importance. Minor arterials distribute traffic to smaller geographic areas, providing service between and within communities.

Collectors provide land access service and traffic circulation by distributing trips throughout the community to the ultimate destination. Conversely, collectors also collect traffic from local streets in residential neighborhoods and help channel it into the arterial system.

Local streets comprise all facilities that are not collectors or arterials. Local streets serve primarily to provide direct access to abutting land and help disperse traffic.

Maps of the minor arterials, collectors, and local streets by locality will be available at http://www.vdot.virginia.gov/ prior to the effective date of the regulation.

Substance: The intent of the final Access Management Regulations: Principal Arterials, proposed Access Management Regulations: Minor Arterials, Collectors, and Local Streets, and the related access management design standards for entrances and intersections is to enhance and improve the operation and safety of the systems of state highways and the goals are to: (i) reduce traffic congestion and impacts to the level of service of highways, leading to reduced fuel consumption and air pollution; (ii) enhance public safety by decreasing traffic crash rates; (iii) support economic development in the Commonwealth by promoting the efficient movement of people and goods; (iv) reduce the need for new highways and road widening by improving the performance of the existing systems of state highways; and (v) preserve public investment in new highways by maximizing their performance.

Generally, this regulation combines content from the existing Minimum Standards of Entrances to State Highways and Part IV of the Land Use Permit Manual. A Technical Advisory Committee composed of personnel from VDOT’s engineering and planning divisions and the Virginia Transportation Research Council, plus representatives from the VDOT districts and residencies, reviewed access management regulations and standards from many different sources to compile the new regulations and related design standards mandated by the legislature. These sources included access management regulations and standards from other states (such as New Mexico, Maryland, North Carolina, Florida, and Michigan), as well as information from the Transportation Research Board (TRB), the Federal Highway Administration (FHWA), the Institute of Transportation Engineers (ITE), and the American Association of State Highway and Transportation Officials (AASHTO).

In addition, a Policy Committee, comprised of representatives from the Home Builders Association of Virginia, Virginia Association of Commercial Real Estate, Virginia Association of Counties, the Virginia Section of the Institute of Transportation Engineers, and the Piedmont Environmental Council, as well as from VDOT management and the Office of the Secretary of Transportation, evaluated and refined the Access Management Regulations and the access management design standards for all VDOT highways (principal and minor arterials, collectors, and local streets) with input from their organizations.

The Access Management Regulations: Minor Arterials, Collectors, and Local Streets contain definitions of pertinent words and terms, information on access management principles, administration of the permit process (how to obtain a permit, making appeals and requesting exceptions), general provisions concerning entrances, private and commercial entrance requirements, entrance design rules, cost responsibilities, commercial entrance access management requirements, coordination with local governments, tenure of entrances, and documents incorporated by reference. The access management design standards for entrances and intersections that are included in the Road Design Manual address the following topics: definitions of pertinent words and terms; access management concepts; functional classifications of state highways; design principles and spacing standards for intersections, entrances, traffic signals and median openings; sight distance standards; turning lane criteria; and design principles concerning private and commercial entrances.

Pursuant to Chapters 274 and 454 of the 2008 Acts of Assembly, the Access Management Regulations: Principal Arterials apply to highways with a functional classification of principal arterial, and the Access Management Regulations: Minor Arterials, Collectors, and Local Streets apply to highways with a functional classification of minor arterial, collector, and local.

Issues: The implementation of this regulation will be advantageous to the residents of Virginia. Access management regulations and standards can help reduce traffic congestion and its impact on a highway’s level of service. These regulations can reduce traffic crash rates, resulting in increased public safety, fewer injuries and fatalities, and less property loss. A California study found that improved access control reduced crash rates by 42% on rural highways, and a Minnesota study indicated a direct and statistically significant correlation between crash rates and the number of driveway entrances. This suggests that implementation of the regulations and standards can reduce the personal and fiscal costs of crashes to Virginians.

Access management regulations and standards also promote more efficient movement of goods and people that will support state, regional and local economic development efforts. For businesses, well access-managed corridors can operate at higher speeds, increasing the market area of a business and providing better customer exposure. The reduced delay associated with well access-managed roads can result in lower transportation costs and shorter delivery times for businesses. In addition, the Urban Land Institute’s Shopping Center Development Handbook states that "poorly designed entrances and exits not only present a traffic hazard, but also cause congestion that can create a negative image of the center."

At a micro level, sharing entrances can lead to lower costs per entrance applicant, and vehicular and pedestrian connections between properties can increase the customer base for neighboring businesses.

Reduced traffic congestion due to access management can lead to reduced fuel consumption and therefore reduced costs as well as lower air pollution from vehicles. Effective access management ensures that pedestrians and bicyclists face fewer and less frequent motor vehicle highway entrances, thereby making it safer to walk and cycle along the roadway.

An advantage to VDOT and, by extension, the citizens of the Commonwealth will come about as a result of the improved performance of the existing road infrastructure, reducing the need for new or wider highways and preserving the public’s investment in existing and new highways.

There will be some disadvantages related to the implementation of the regulation. Industry and the public will need time to adjust and familiarize themselves with the new regulation and standards, which may in some instances result in limitations on the number of new entrances and the allowable turning movements at new entrances. Developers will need to investigate the possibility of the joint use of desired entrances with adjoining property owners in accordance with the regulations and § 33.1-198 of the Code of Virginia. Complete implementation of the new regulation will require coordination among developers, state and local governments, and the public. VDOT will provide outreach and training for all interested parties to facilitate a smooth implementation of this regulation.

The time required for industry and the public to become familiar with the new regulations and standards, and the costs to VDOT and localities to conduct outreach and training, will be reduced because industry, the public, and localities should already be familiar with Access Management Regulations: Principal Arterials, which went into effect July 1, 2008, and because of the additional opportunities for involvement in development of the regulation provided by the public comment period.

To facilitate outreach, a web page (http://www.virginiadot.org/accessmgt) was added to the VDOT website. This web page provides information on the background and purpose of the access management legislation, access management concepts and policies, benefits that accrue from managing access to state highways, a description of key proposed regulatory provisions, the public input process, and opportunities to provide input. The proposed Access Management Regulations: Minor Arterials, Collectors, and Local Streets and related access management design standards for highways with these functional classifications will be posted on the web page and published in the Virginia Register.

Pursuant to Chapters 274 and 454 of the 2008 Acts of Assembly, the publication of the General Notice regarding Access Management Regulations in the October 15, 2007, Virginia Register served as a valid NOIRA for purposes of meeting the requirements of the APA for promulgation of access management regulations for minor arterials, collectors, and local streets.

VDOT will provide multiple opportunities for people throughout the Commonwealth to participate in the public input process. Informational workshops and public hearings are planned in different regions of the Commonwealth after the proposed regulations are made available to the public. Statewide organizations that may be interested in the proposed regulations and standards will be contacted about the opportunities for public input. Notice of the public hearings will appear in newspapers across the Commonwealth, on the Virginia Regulatory Town Hall website (www.townhall.virginia.gov), in The Virginia Register, and on the access management web page on the VDOT website (http://www.virginiadot.org/accessmgt).

Once the public comment period closes, personnel from VDOT’s access management, policy, engineering, and planning divisions and the Virginia Transportation Research Council, plus representatives from the VDOT districts, residencies, and regional operations will evaluate the comments and use the comments to revise the draft regulations and standards.

The final Access Management Regulations: Minor Arterials, Collectors, and Local Streets and related access management design standards for entrances and intersections will be forwarded to the commissioner for review and approval with an effective date of October 1, 2009, in accordance with the statutory deadline. The Commonwealth Transportation Board will repeal the Minimum Standards of Entrances to State Highways (24VAC30-71) effective October 1, 2009. Also, the Access Management Regulations: Principal Arterials (24VAC30-72) and Part IV Entrance Permits of the current Land Use Permit Manual (24VAC30-150) may need to be adjusted to assure consistency with the final Access Management Regulations: Minor Arterials, Collectors, and Local Streets. The regulations will proceed through the remaining steps in the APA review process and will become effective on October 1, 2009.

The Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. Pursuant to Chapters 863 and 928 of the 2007 Acts of Assembly and Chapters 274 and 454 of the 2008 Acts of Assembly, the Virginia Department of Transportation (VDOT) proposes to promulgate new Access Management Regulations: Minor Arterials, Collectors, and Local Streets,¹ which will revise and replace the existing Minimum Standards of Entrances to State Highways (24VAC30-71) and Part IV (Entrance Permits) of the existing Land Use Permit Manual (24VAC30-150). Major changes include:

1. The definition of "private entrance" is revised to include entrance to agricultural fields and entrance to communication infrastructure that generate 10 or fewer trips per day such as cell towers, pump stations, and stormwater management basins.

2. The proposed regulation establishes that the VDOT will permit reasonably convenient access to a parcel of record, but that VDOT is not obligated to permit the most convenient access or the permit applicant's preferred entrance location or entrance design.

3. Drainage pipes where private entrance driveways meet public roads will no longer be installed by VDOT at no cost. The property owners will be responsible for the installation of the pipes.

4. A deadline is included for VDOT to make a decision on an appeal from the entrance permit applicants.

5. A grandfather provision is included that locations of entrances that are approved prior to the effective date of the proposed regulations shall remain valid.

6. The proposed regulation requires that the permit applicant contact the local government to identify possible conflicts with local, state, or federal regulations and plans.

7. The proposed regulation adds a few requirements to the commercial entrance access management, including requirements on shared entrances, spacing of entrances and intersections, vehicular/pedestrian circulation between adjoining undeveloped properties, and traffic signal spacing.

8. The proposed regulation requires additional signage and certified flaggers for temporary entrances in the event that adequate sight distance is not achieved.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. "Access management" means the systematic control of the location, spacing, design, and operation of entrances, median openings, traffic signals, and interchanges for the purpose of providing vehicular access to land development in a manner that preserves the safety and efficiency of the transportation system. Each proposed highway entrance creates a potential conflict point that impacts the safe and efficient flow of traffic on the highway. In order to balance private property interests in access to the highway and public interests of safety and mobility, the board proposed to promulgate a new Access Management Regulations: Minor Arterials, Collectors, and Local Streets, which will combine and replace the existing Minimum Standards of Entrances to State Highways (24VAC30-71) and Part IV, Entrance Permits, of the existing land Use permit Manual (24VAC30-150). Managing access to highways can reduce traffic congestion, help maintain the levels of service, enhance public safety by decreasing traffic conflict points, support economic development by promoting the efficient movement of people and goods, reduce the need for new highways and road widening by improving the performance of existing highways, preserve the public investment in new highways by maximizing their efficient operation, and better coordinate transportation and land use decisions.

The proposed regulation establishes that the Virginia Department of Transportation will permit reasonably convenient access to a parcel of record. But VDOT is not obligated to permit the most convenient access or the permit applicant's preferred entrance location or entrance design. The proposed regulations will grandfather commercial entrance locations identified on rezoning proffered plans of development, site plans, and subdivision plats that are approved prior to the effective date of the regulations. Therefore, applicants meeting this deadline would not be required to alter the location of their previously approved entrances.

The board proposes to revise the definition of "private entrance" to include entrance to agricultural fields and entrance to communication infrastructure that generate 10 or fewer trips per day such as cell towers, pump stations, and stormwater management basins. Since private entrances are built to a lower standard and cost less than the commercial entrances, the proposed regulation will allow the entrances with low volume of usage to be built to a lower standard at a lower cost. This proposed change will likely save money for the corresponding entrance permit applicants without causing any significant affect on public safety.

The proposed regulation requires that the permit applicant contact the local government to identify possible conflicts with local, state, or federal regulations and plans. VDOT will not approve an entrance permit for a proposed development until the development has been approved by the locality. This proposed change will help coordinate the local land development review process with VDOT's entrance permit process and will likely avoid any possible conflicts between the entrance locations that locality approves as part of their site plan or subdivision plat review and the entrance locations that VDOT approves. Since VDOT's analysis of the entrance permit design is dependent on the final design of the development, this proposed requirement will make sure that the locality and VDOT step in the approval of the design of a land development in a proper order. The permit applicant will likely benefit from savings in time and money in the case that there is a conflict between the entrance locations approved by the locality and by VDOT. Also the site plan and subdivision plats are forwarded to VDOT for comment and approval, so VDOT can inform the locality and the applicant on the proper location and design of entrances before an entrance permit is submitted later.

The proposed regulation includes a deadline for VDOT to make a decision on an appeal from the entrance permit applicant. The district administrator will advise the permit applicant in writing regarding the decision on the appeal within 60 days of receipt of the written appeal request or a longer timeframe jointly agreed to by the parties. The current entrance permit appeal process contains no such deadlines. VDOT estimates that currently the appeal process may take 30 days to 6 months. Adding a deadline to the appeal process will assure that entrance permit applicants receive timely responses to their concerns.

The board also proposes to establish that VDOT will no longer be responsible for installing the drainage pipes where private entrance driveways meet public roads. The property owners will be responsible for the installation of the pipes. Currently, if the property owner purchases the pipe for the entrance, VDOT maintenance forces would install the pipe at no cost. According to VDOT, the average cost for pipe installation is approximately $750 to $1000 per private entrance. Relieving VDOT from the commitment of installing drainage pipes at entrances to private property will shift the installation cost from public construction funds onto private property owners and will provide the VDOT maintenance forces with more time for necessary roadwork. To the private property owner, this proposed change causes an increase in cost of $750 to $1,000. However, this increase in cost is likely not large enough to have a significant impact on the behavior of property owners.

The proposed regulation will add a few requirements to the commercial entrances access management. Firstly, the proposed regulation promotes entrance sharing so as to reduce the number of entrances to state highways. Shared entrances shall be created and designed to serve adjoining parcels unless the permit applicant submits compelling evidence that a reasonable agreement cannot be reached with adjoining property owners or that there are physical to creating a shared entrance. Although the businesses may not get the entrance that is most convenient to them, they may benefit from the shared entrance besides the savings from the construction, because shared entrances and connections between the businesses will likely make it easier for the businesses to share customers. Also, fewer roadway delays and better traffic flow will likely preserve and even enhance the market reach of these businesses.

Secondly, the proposed regulation requires spacing of the commercial entrances and intersections on minor arterials and collectors, as well as spacing between traffic signals. The current regulations do not have such requirements. Study has shown that greater spacing is related to reduce crash rates.² These proposed changes will likely reduce traffic congestion, which will reduce fuel consumption and air pollution; reduce traffic crashes and improve public safety; reserve critical roadway capacity and reduce the need for new highways and adding lanes to highways, which will save the taxpayer’s money. At the same time, the proposed regulations respect property owners’ rights to reasonable access.

The proposed regulation also requires that the permit applicant record access easements and to construct vehicular connections on a minor arterial highway, or on a collector when required by the district administrator’s designee. Where appropriate, the permit applicant also shall construct pedestrian connections to the boundary lines of adjoining undeveloped properties. This proposed change will facilitate traffic circulation between adjacent properties, reduce the number of entrances to the highway, and maximize use of new signalized intersections.

The board also proposes that for temporary entrances, in the event that adequate sight distance is not achieved, additional signage that meets the Manual on Uniform Traffic Control Devices standards (see 24VAC30-73-170 D) and certified flaggers shall be used to ensure safe ingress and egress. According to VDOT, currently possible need for trained flaggers and signage is already addressed in "Virginia Work Area Protection Manual for Temporary Traffic Control."³ Therefore, this proposed change will likely not cause any significant impact on the permit applicants.

Businesses and Entities Affected. The proposed regulation will likely affect any party that applies for an entrance permit. The public will likely benefit with reduced traffic congestion, reduced fuel consumption, and improved public safety.

Localities Particularly Affected. The proposed regulation will affect counties and smaller towns in which VDOT regulates access to state controlled highways. It will not affect cities, larger towns, and Henrico and Arlington Counties, which maintain and control access to their roads.

Projected Impact on Employment. The proposed regulation will improve traffic flow and facilitate the customers' access to the businesses near the entrances and intersections, which will likely have a positive impact on the number of people employed by these businesses.

Effects on the Use and Value of Private Property. The private property owners will be responsible for the installation of the drainage pipes, which will cost approximately $750 to $1000 on average. On the other hand, managing access to highways will reduce traffic congestion and improve public safety, which will likely enhance the market reach of the businesses near the entrances. This will have a positive impact on the use and value of their property.

Small Businesses: Costs and Other Effects. The proposed regulation will reduce traffic congestion and improve public safety, which may enhance the market reach for the small businesses. Although small businesses may not get the entrance that is most convenient for them, they may receive more customers by sharing entrances and connections with other businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. Small businesses will likely benefit from the proposed regulations.

Real Estate Development Costs. The proposed regulations will affect the real estate developers who will apply for an entrance permit. The private property owners will be responsible for the installation of drainage pipes, which will cost $750 to $1,000 approximately. The real estate developers may not have the permit for entrance or signal that is most convenient for them. However, they will likely benefit from the reduced traffic congestion and improved safety as well as reduced construction cost.

Legal Mandate. 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 Administrative Process Act and Executive Order Number 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB’s best estimate of these economic impacts.

________________________________________

¹ Highway is defined as a public way for purposes of vehicular travel, including the entire area within the right-of-way. Highways are classified as a principal arterial, minor arterial, collector, or local, based on their intended function. The access management regulations for principal arterials took effect July 1, 2008.

² Source: http://www.virginiadot.org/projects/accessmgt/Benefits_of_Access_Mgt.pdf.

³ Source: http://www.virginiadot.org/business/resources/1-WEBwapmCOVER.pdf.

Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The Virginia Department of Transportation concurs with the economic impact analysis prepared by the Department of Planning and Budget concerning the replacement regulation for the Access Management Regulations: Minor Arterials, Collectors, and Local Streets (24VAC30-73).

Summary:

This action promulgates a new regulation; however, the proposed regulation carries over and consolidates existing regulations in the Minimum Standards of Entrances (24VAC30-71) and the entrance regulations in the Land Use Permit Manual (24VAC30-150). Items appearing in the Minimum Standards such as entrance illustrations and sight distance standards are relocated to the Road Design Manual and incorporated by reference.

Significant proposed changes are as follows:

1. The definition of “private entrance” is revised to include entrance to agricultural fields and entrance to communication infrastructure that generate 10 or fewer trips per day such as cell towers, pump stations, and stormwater management basins.

2. The proposed regulation establishes that the Department of Transportation (VDOT) will permit reasonably convenient access to a parcel of record, but that VDOT is not obligated to permit the most convenient access or the permit applicant's preferred entrance location or entrance design.

3. Drainage pipes where private entrance driveways meet public roads will no longer be installed by VDOT at no cost. The property owners will be responsible for the installation of the pipes.

4. A deadline is included for VDOT to make a decision on an appeal from the entrance permit applicants.

5. A grandfather provision is included that locations of entrances that are approved prior to the effective date of the proposed regulations shall remain valid.

6. The proposed regulation requires that the permit applicant contact the local government to identify possible conflicts with local, state, or federal regulations and plans.

7. The proposed regulation adds a few requirements to the commercial entrance access management, including requirements on shared entrances, spacing of entrances and intersections, vehicular/pedestrian circulation between adjoining undeveloped properties, and traffic signal spacing.

8. The proposed regulation requires additional signage and certified flaggers for temporary entrances in the event that adequate sight distance is not achieved.

CHAPTER 73
ACCESS MANAGEMENT REGULATIONS: MINOR ARTERIALS, COLLECTORS, AND LOCAL STREETS

24VAC30-73-10. Definitions.

"Access management" means the systematic control of the location, spacing, design, and operation of entrances, median openings, traffic signals, and interchanges for the purpose of providing vehicular access to land development in a manner that preserves the safety and efficiency of the transportation system.

"Collectors" means the functional classification of highways that provide land access service and traffic circulation within residential, commercial, and industrial areas. The collector system distributes trips from principal and minor arterials through the area to the ultimate destination. Conversely, collectors also collect traffic from local streets in residential neighborhoods and channel it into the arterial system.

"Commercial entrance" means any entrance serving land uses other than two or fewer individual private residences. (See "private entrance.")

"Commissioner" means the individual who serves as the chief executive officer of the Department of Transportation or his designee.

"Commonwealth" means the Commonwealth of Virginia.

"Crossover" or "median opening" means an opening in a nontraversable median (such as a concrete barrier or raised island) that provides for crossing and turning traffic.

"Design speed" means the selected speed used to determine the geometric design features of the highway.

"District" means each of the nine areas in which VDOT is divided to oversee the maintenance and construction on the state-maintained highways, bridges and tunnels within the boundaries of the area.

"District administrator" means the VDOT employee assigned to supervise the district.

"District administrator’s designee" means the VDOT employee or employees designated by the district administrator.

"Entrance" means any driveway, street, or other means of providing for movement of vehicles to or from the highway.

"Frontage road" means a road that generally runs parallel to a highway between the highway right-of-way and the front building setback line of the abutting properties and provides access to the abutting properties for the purpose of reducing the number of entrances to the highway and separating the abutting property traffic from through traffic on the highway.

"Functional area" means the area of the physical highway feature, such as an intersection, roundabout, railroad grade crossing, or interchange, plus that portion of the highway that comprises the decision and maneuver distance and required vehicle storage length to serve that highway feature.

"Functional area of an intersection" means the physical area of an at-grade intersection plus all required storage lengths for separate turn lanes and for through traffic, including any maneuvering distance for separate turn lanes.

"Functional classification" means the federal system of classifying groups of highways according to the character of service they are intended to provide and classifications made by the commissioner based on the operational characteristics of a highway. Each highway is assigned a functional classification based on the highway’s intended purpose of providing priority to through traffic movement or adjoining property access. The functional classification system groups highways into three basic categories identified as (i) arterial, with the function to provide through movement of traffic; (ii) collector, with the function of supplying a combination of through movement and access to property; and (iii) local, with the function of providing access to property.

"Highway," "street," or "road" means a public way for purposes of vehicular travel, including the entire area within the right-of-way.

"Intersection" means any at-grade connection with a highway, including two highways or an entrance and a highway.

"Legal speed limit" means the speed limit set forth on signs lawfully posted on a highway or, in the absence of such signs, the speed limit established by Article 8 (§46.2-870 et seq.) of Chapter 8 of Title 46.2 of the Code of Virginia.

"Level of service" means a qualitative measure describing the operational conditions within a vehicular traffic stream, generally in terms of such service measures as speed, travel time, freedom to maneuver, traffic interruptions, and comfort and convenience. "Level-of-service" is defined and procedures are presented for determining the level of service in the Highway Capacity Manual (see 24VAC30-73-170 I).

"Limited access highway" means a highway especially designed for through traffic over which abutting properties have no easement or right of light, air, or access by reason of the fact that those properties abut upon the limited access highway.

"Local streets" means the functional classification for highways that comprise all facilities that are not collectors or arterials. Local streets serve primarily to provide direct access to abutting land and to other streets.

"Median" means the portion of a divided highway that separates opposing traffic flows.

"Minor arterials" means the functional classification for highways that interconnect with and augment the principal arterial system. Minor arterials distribute traffic to smaller geographic areas providing service between and within communities.

"Operating speed" means the speed at which drivers are observed operating their vehicles during free-flow conditions with the 85th percentile of the distribution of observed speeds being the most frequently used measure of the operating speed of a particular location or geometric feature.

"Permit" or "entrance permit" means a document that sets the conditions under which VDOT allows a connection to a highway.

"Permit applicant" means the person or persons, firm, corporation, government, or other entity that has applied for a permit.

"Permittee" means the person or persons, firm, corporation, government, or other entity that has been issued a permit.

"Preliminary subdivision plat" means a plan of development as set forth in § 15.2-2260 of the Code of Virginia.

"Principal arterials" means the functional classification for major highways intended to serve through traffic where access is carefully controlled, generally highways of regional importance, with moderate to high volumes of traffic traveling relatively long distances and at higher speeds.

"Private entrance" means an entrance that serves up to two private residences and is used for the exclusive benefit of the occupants or an entrance that allows agricultural operations to obtain access to fields or an entrance to civil and communication infrastructure facilities that generate 10 or fewer trips per day such as cell towers, pump stations, and stormwater management basins.

"Professional engineer" means a person who is qualified to practice engineering by reason of his special knowledge and use of mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and experience, and whose competence has been attested by the Virginia Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects through licensure as a professional engineer.

"Reverse frontage road" means a road that is located to the rear of the properties fronting a highway and provides access to the abutting properties for the purpose of reducing the number of entrances to the highway and removing the abutting property traffic from through traffic on the highway.

"Right-of-way" means that property within the systems of state highways that is open or may be opened for public travel or use or both in the Commonwealth. This definition includes those public rights-of-way in which the Commonwealth has a prescriptive easement for maintenance and public travel.

"Roadside" means the area adjoining the outer edge of the roadway. The median of a divided highway may also be considered a "roadside."

"Roadway" means the portion of a highway, including shoulders, for vehicular use. A divided highway has two or more roadways.

"Shared entrance" means a single entrance serving two or more adjoining parcels.

"Sight distance" means the distance visible to the driver of a vehicle when the view is unobstructed by traffic.

"Site plan" and "subdivision plat" mean a plan of development approved in accordance with §§ 15.2-2286 and 15.2-2241 through 15.2-2245 of the Code of Virginia.

"Systems of state highways" means all highways and roads under the ownership, the control, or the jurisdiction of VDOT, including but not limited to, the primary, secondary and interstate highways.

"Traveled way" means the portion of the roadway for the movement of vehicles, exclusive of shoulders and turn lanes.

"Trip" means a single or one-directional vehicle movement either entering or exiting a property; a vehicle leaving the property is one trip and a vehicle returning to the property is one trip.

"Turn lane" means a separate lane for the purpose of enabling a vehicle that is entering or leaving a highway to increase or decrease its speed to a rate at which it can more safely merge or diverge with through traffic; an acceleration or deceleration lane.

"Urban area" means an urbanized area with a population of 50,000 or more, or an urban place (small urban area) as designated by the Bureau of the Census having a population of 5,000 or more and not within any urbanized area. The Federal Highway Administration defines "urban area" in more detail based on the federal-aid highway law (23 USC §101).

"VDOT" means the Virginia Department of Transportation, its successor, the Commonwealth Transportation Commissioner, or his designees.

24VAC30-73-20. Authority to regulate entrances to highways.

A. VDOT’s authority to regulate highway entrances and manage access to highways is provided in §§ 33.1-13, 33.1-197, 33.1-198, 33.1-198.1, and 33.1-199 of the Code of Virginia, and its authority to make regulations concerning the use of highways generally is provided in § 33.1-12 (3) of the Code of Virginia. Each proposed highway entrance creates a potential conflict point that impacts the safe and efficient flow of traffic on the highway; therefore, private property interests in access to the highway must be balanced with public interests of safety and mobility. Managing access to highways can reduce traffic congestion, help maintain the levels of service, enhance public safety by decreasing traffic conflict points, support economic development by promoting the efficient movement of people and goods, reduce the need for new highways and road widening by improving the performance of existing highways, preserve the public investment in new highways by maximizing their efficient operation, and better coordinate transportation and land use decisions.

B. Where a plan of development with the specific location of an entrance or entrances was proffered pursuant to § 15.2-2297, 15.2-2298, or 15.2-2303 of the Code of Virginia prior to October 1, 2009, such entrances shall be exempt from the spacing standards for entrances and intersections in Appendix G of the Road Design Manual (see 24VAC30-70-170 A), provided the requirements of § 15.2-2307 of the Code of Virginia have been met. Entrances shown on a subdivision plat, site plan, or preliminary subdivision plat that is valid pursuant to §§ 15.2-2260 and 15.2-2261 and approved in accordance with §§ 15.2-2286 and 15.2-2241 through 15.2-2245 prior to October 1, 2009, shall be exempt from the spacing standards for entrances and intersections in Appendix G of the Road Design Manual.

C. The Commonwealth Transportation Board has the authority to designate highways as limited access and to regulate access rights to those facilities as provided in § 33.1-58 of the Code of Virginia. No private or commercial entrances shall be permitted within limited access rights-of-way except as may be provided for by the regulation titled Change of Limited Access Control (24VAC30-401).

D. Notwithstanding Part IV (24VAC30-150-1680 et seq.) of the Land Use Permit Manual, after the effective implementation date as set forth in 24VAC30-73-30, the district administrators or their designees are authorized to issue private entrance permits and commercial entrance permits in accordance with the provisions of this chapter.

E. In cases where the provisions and requirements of this chapter conflict with the Land Use Permit Manual (24VAC30-150), the provisions and requirements of this chapter shall govern.

24VAC30-73-30. Application to minor arterials, collectors, and local streets.

A. This chapter shall apply on October 1, 2009, to any highway with a functional classification as a minor arterial, collector, or local street. Any highway with a functional classification as a principal arterial is governed by the provisions of 24VAC30-72.

B. The commissioner shall publish maps of the Commonwealth on the VDOT website that show all highways with the above functional classifications and shall periodically update such maps.

24VAC30-73-40. Administrative procedures and rules for obtaining commercial and private entrance permits.

All applications for entrance permits shall be obtained from and submitted to the district administrator’s designee for the county in which the work is to be performed. The permit applicant shall submit the permit application form, and the entrance permit, if approved, will be issued in accordance with the applicable administrative rules, requirements and procedures of this chapter and the Land Use Permit Manual (24VAC30-150).

24VAC30-73-50. Appeal and exception procedure.

A. The permit applicant may appeal denial or revocation or conditions imposed by a permit in writing to the district administrator with a copy to the district administrator’s designee and the chief administrative officer of the locality where the entrance is proposed.

1. All appeals must be received within 30 days of receipt of written notification of denial or revocation or issuance of a permit with contested conditions and must set forth the grounds for the appeal and include copies of all prior correspondence with any local government official and VDOT representatives regarding the issue or issues. The permit applicant may request a meeting with the district administrator concerning the appeal and the district administrator will set a date, time, and location for such meeting.

2. After reviewing all pertinent information, the district administrator will advise the permit applicant in writing regarding the decision on the appeal within 60 days of receipt of the written appeal request or such longer timeframe jointly agreed to by the parties, with a copy to the district administrator’s designee and the chief administrative officer of the locality where the entrance is proposed.

3. The permit applicant may further appeal the district administrator's decision to the commissioner within 30 days of receipt of written notification of the district administrator’s decision. The commissioner will advise the permit applicant in writing regarding the decision on the appeal within 60 days of receipt of the written appeal request, with a copy to the district administrator and the chief administrative officer of the locality where the entrance is proposed.

B. The commissioner may grant an exception to the required sight distance after a traffic engineering investigation has been performed.

1. If a sight distance exception is requested, the permit applicant shall provide such request in writing to the commissioner with a copy to the district administrator’s designee and the chief administrative officer of the locality where the entrance is proposed and shall furnish the commissioner with a traffic engineering investigation report, prepared by a professional engineer. The methodology and format of the report shall be in conformance with requirements set forth in the Manual on Uniform Traffic Control Devices (see 24VAC30-73-170 D).

2. The commissioner will advise the permit applicant in writing regarding the decision on the sight distance exception request within 60 days of receipt of the written exception request or such longer timeframe jointly agreed to by the parties, with a copy to the district administrator’s designee and the chief administrative officer of the locality where the entrance is proposed.

24VAC30-73-60. General provisions governing commercial and private entrances.

A. No entrance of any nature may be constructed within the right-of-way until the location has been approved by VDOT and an entrance permit has been issued. The violation of any provision of this chapter and any condition of approval of an entrance permit shall be subject to the penalties for violations specified in the Land Use Permit Manual (24VAC30-150).

B. VDOT will permit reasonably convenient access to a parcel of record. VDOT is not obligated to permit the most convenient access, nor is VDOT obligated to approve the permit applicant's preferred entrance location or entrance design. If a parcel is served by more than one road in the systems of state highways, the district administrator's designee shall determine upon which road or roads the proposed entrance or entrances is or are to be constructed.

C. When two or more properties are to be served by the same entrance, the permit applicant shall ensure that there is a recorded agreement between the parties specifying the use and future maintenance of the entrance. A copy of this recorded agreement shall be included in the entrance permit application submitted to the district administrator’s designee. The shared entrance shall be identified on any site plan or subdivision plat of the property.

D. Entrance standards established by localities that are stricter than those of VDOT shall govern.

24VAC30-73-70. Commercial entrance design.

A. All commercial entrance design and construction shall comply with the provisions of this chapter and the standards in the Road Design Manual (see 24VAC30-73-170 A), the Road and Bridge Standards (see 24VAC30-73-170 C), the Road and Bridge Specifications (see 24VAC30-73-170 B), other VDOT engineering and construction standards as may be appropriate, and any additional conditions, restrictions, or modifications deemed necessary by the district administrator's designee to preserve the safety, use and maintenance of the systems of state highways. Entrance design and construction shall comply with applicable guidelines and requirements of the Americans with Disabilities Act of 1990 (42 USC §12101 et seq.). Ramps for curb sections shall be provided as required in § 15.2-2021 of the Code of Virginia. The standard drawing for depressed curb ramp as shown in the Road and Bridge Standards (see 24VAC30-73-170 C) shall be utilized in the design.

1. In the event an entrance is proposed within the limits of a funded roadway project that will ultimately change a highway, the permit applicant may be required to construct, to the extent possible, entrances compatible with the roadway's ultimate design.

2. All entrance design and construction shall accommodate pedestrian and bicycle users of the abutting highway in accordance with the Commonwealth Transportation Board's "Policy for Integrating Bicycle and Pedestrian Accommodations" (see 24VAC30-73-170 H).

3. All entrance design and construction shall accommodate transit users of the abutting highway where applicable and provide accommodations to the extent possible.

4. Based on the existing and planned developments, the district administrator's designee will determine the need for curb and gutter, sidewalks, or other features within the general area of the proposed entrance in accordance with the requirements of this chapter and the design standards in Appendix G of the Road Design Manual (see 24VAC30-73-170 A).

5. Sites accessed by an entrance shall be designed so as to prevent unsafe and inefficient traffic movements from impacting travel on the abutting highway. At the request of the district administrator's designee, the permit applicant shall furnish a report that documents the impact of expected traffic movements upon the function of the abutting highway during the peak hours of the abutting highway.

B. It is essential that entrance and site design allow safe and efficient movements of traffic using the entrance while minimizing the impact of such movements on the operation of the systems of state highways.

1. The permit applicant shall supply sufficient information to demonstrate to the satisfaction of the district administrator's designee that neither the entrance, nor the proposed traffic circulation patterns within the parcel, will compromise the safety, use, operation, or maintenance of the abutting highway. A rezoning traffic impact statement or a site plan/subdivision plat supplemental traffic analysis submitted for a proposed development of a parcel in accordance with the Traffic Impact Analysis Regulations (24VAC30-155) may be used for this purpose, provided that it adequately documents the effect of the proposed entrance and its related traffic on the operation of the highway to be accessed.

2. If the proposed entrance will cause the systems of state highways to experience degradation in safety or a significant increase in delay or a significant reduction in capacity beyond an acceptable level of service, the applicant shall be required to submit a plan to mitigate these impacts and to bear the costs of such mitigation measures.

3. Proposed mitigation measures must be approved by the district administrator's designee prior to permit approval. Mitigation measures that may be considered include but are not limited to:

a. Construction of auxiliary lanes or turning lanes, or pavement transitions/tapers;

b. Construction of new crossovers, or the relocation, removal, or consolidation of existing crossovers;

c. Installation, modification, or removal of traffic signals and related traffic control equipment;

d. Provisions to limit the traffic generated by the development served by the proposed entrance;

e. Dedication of additional right-of-way or easement, or both, for future road improvements;

f. Reconstruction of existing roadway to provide required vertical and horizontal sight distances;

g. Relocation or consolidation of existing entrances; or

h. Recommendations from adopted corridor studies, design studies, other access management practices and principles, or any combination of these, not otherwise mentioned in this chapter.

4. If an applicant is unwilling or unable to mitigate the impacts identified in the traffic impact analysis, the entrance shall be physically restricted to right-in or right-out movements or both or similar restrictions such that the public interests in a safe and efficient flow of traffic on the systems of state highways are protected.

24VAC30-73-80. Minimum sight distance for commercial entrances.

A. No less than minimum intersection sight distance shall be obtained for any commercial entrance. Sight distances shall be measured in accordance with VDOT practices, and sight distance requirements shall conform to VDOT standards as described in Appendix G of the Road Design Manual (see 24VAC30-73-170 A). The legal speed limit shall be used unless the design speed is available and approved for use by VDOT.

B. The operating speed may be used in lieu of the legal speed limit in cases where the permit applicant furnishes the district administrator's designee with a speed study prepared in accordance with the Manual on Uniform Traffic Control Devices (see 24VAC30-73-170 D) methodology that demonstrates the operating speed of the segment of highway is lower than the legal speed limit and, in the judgment of the district administrator's designee, use of the operating speed will not compromise safety for either a driver at an entrance or a driver on the abutting highway.

C. VDOT may require that the vertical or horizontal alignment of the existing roadway be adjusted to accommodate certain design elements of a proposed commercial entrance including, but not limited to, median openings, crossovers, roundabouts, and traffic signals, where adjustment is deemed necessary. The cost of any work performed to adjust the horizontal or vertical alignment of the roadway to achieve required intersection sight distance at a proposed entrance shall be borne by the permit applicant.

24VAC30-73-90. Private entrances.

A. The property owner shall identify the desired location of the private entrance with the assistance of the district administrator's designee. If the minimum intersection sight distance standards specified in Appendix G of the Road Design Manual (see 24VAC30-73-180) cannot be met, the entrance should be placed at the location with the best possible sight distance as determined by the district administrator's designee. The district administrator's designee may require the property owner to grade slopes, clear brush, remove trees, or conduct other similar efforts, or any combination of these, to provide the safest possible means of ingress and egress that can be reasonably achieved.

B. The property owner shall obtain an entrance permit and, on shoulder and ditch section roads, shall be responsible for installing the private entrance in accordance with VDOT policies and engineering standards. The property owner may request VDOT to perform the stabilization of the shoulder and installation of the entrance pipe. In such cases, VDOT may install the private entrance pipe and will stabilize the shoulder at the property owner's expense. If VDOT installs these portions of the entrance, a cost estimate for the installation will be provided to the property owner; however, VDOT will bill the property owner the actual cost of installation. The property owner shall be responsible for all grading beyond the shoulder.

C. Grading and installation of a driveway from the edge of the pavement to the right-of-way line shall be the responsibility of the property owner.

D. Installation of a private entrance on a curb and gutter street shall be the responsibility of the property owner.

E. Maintenance of private entrances shall be by the owner of the entrance, except that VDOT shall maintain:

1. On shoulder section roadways, that portion of the entrance within the normal shoulder portion of the roadway.

2. On roadways with ditches, the drainage pipe at the entrance.

3. On roadways with curb, gutter, and sidewalk belonging to VDOT, that portion of the entrance that extends to the back of the sidewalk. If a sidewalk is not present, to the back of the curb line.

4. On roadways with curb, gutter, and sidewalk not belonging to VDOT, only to the flow line of the gutter pan.

5. On roadways with shoulders, ditches, and sidewalk belonging to VDOT, that portion of the entrance that extends to the back of the sidewalk.

24VAC30-73-100. Commercial entrances - coordination with local governments.

A. For all commercial entrances, the permit applicant shall contact and coordinate with appropriate local government agencies to identify possible conflicts with local, state or federal regulations and plans, including but not limited to local zoning and subdivision regulations, environmental regulations, land use plans, transportation plans, corridor studies, and access management plans.

B. If local governments have established site plan/subdivision plat approval processes for developments, VDOT will not approve a commercial entrance permit for the development prior to the local government's approval of the site plan or subdivision plat for the development. If neither a local government site plan nor a subdivision plat approval process is applicable, VDOT will not approve a commercial entrance permit for the development prior to the local government's approval of any applicable land use authorization for the development.

C. Any transportation-related funds, real property, or improvements committed to or received by a local government through the land use regulatory process does not release the applicant from fees and improvements required by VDOT. When a local government requires improvements to the abutting state highway in accordance with the locality's adopted transportation plan, VDOT may require additional improvements to ensure the safety and capacity of the proposed entrances and to manage existing entrances along the highway.

24VAC30-73-110. Tenure of commercial entrances.

A. The tenure of a commercial entrance to any highway is conditional. Reconstruction, relocation, commercial entrance consolidation, or upgrading, or a combination of these, may be required at the owner's cost when the district administrator's designee determines after review that one of the conditions listed below exists. If the necessary changes are not made, the entrance may be closed at the direction of the district administrator's designee.

1. Safety - When the entrance has been found to be unsafe for public use in its present condition because of physical degradation of the entrance, increase in motor vehicle traffic, or some other safety-related condition.

2. Use - When traffic in and out of the entrance has changed significantly to require modifications or reconstruction, or both. Such changes may include, but are not limited to, changes in traffic volume or operational characteristics of the traffic.

3. Maintenance - When the entrance becomes unserviceable due to heavy equipment damage or reclamation by natural causes.

B. VDOT will maintain the commercial entrance only within the normal shoulder of the roadway or to the flow line of the gutter pan. The owner shall maintain all other portions of the entrance, including entrance aprons, curb and gutter, culvert and drainage structures.

C. Commercial entrances may also be reviewed by the district administrator's designee when any of the following occur:

1. The property is being considered for rezoning or other local legislative action that involves a change in use of the property.

2. The property is subject to a site plan or subdivision plat review.

3. There is a change in commercial use either by the property owner or by a tenant.

4. Vehicular/pedestrian circulation between adjoining properties becomes available.

These periodic reviews are necessary to provide both the driver and other highway users with a safe and operationally efficient means of travel on state highways.

24VAC30-73-120. Commercial entrance access management.

A. As commercial entrance locations and designs are prepared and reviewed, appropriate access management regulations and standards shall be utilized to ensure the safety, integrity and operational characteristics of the transportation system are maintained. The proposed commercial entrance shall meet the access management standards contained in Appendix G of the Road Design Manual (see 24VAC30-73-170 A) and the regulations in this chapter to provide the users of such entrance with a safe means of ingress and egress while minimizing the impact of such ingress and egress on the operation of the highway. As part of any commercial entrance permit review, the district administrator's designee will determine what improvements are needed to preserve the operational characteristics of the highway, accommodate the proposed traffic and, if entrance design modifications are needed, incorporate them accordingly to protect the transportation corridor. If the location of the entrance is within the limits of an access management plan approved by the local government and VDOT, the plan should guide the district administrator's designee in determining the appropriate design and location of the entrance. Access management requirements, in addition to other regulations in this chapter, include but are not limited to:

1. Restricting commercial entrance locations. To prevent undue interference with free traffic movement and to preserve safety, entrances to the highways shall not be permitted within the functional areas of intersections, roundabouts, railroad grade crossings, interchanges or similar areas with sensitive traffic operations. Subsection B of this section provides the procedures for requesting an exception to this requirement.

2. Entrances shared with adjoining properties on minor arterials and collectors. To reduce the number of entrances to state highways, the district administrator's designee shall require that shared entrances be created and designed to serve adjoining parcels unless the permit applicant submits compelling evidence that a reasonable agreement cannot be reached with adjoining property owners or that there are physical constraints, including but not limited to topography, environmentally sensitive areas, and hazardous uses, to creating a shared entrance. A copy of the property owners' recorded agreement to share use of and maintain the entrance shall be submitted with the permit application for a shared entrance. The shared entrance shall be identified on any site plan or subdivision plat of the property. A permit applicant shall not be required to follow the procedures for an appeal set forth in 24VAC30-73-50 to receive an exception to the requirements of this subdivision.

3. Spacing of entrances and intersections. The spacing of proposed entrances and intersections shall comply with the spacing standards for entrances and intersections in Appendix G of the Road Design Manual (see 24VAC30-73-170 A) except as specified below.

a. On older, established business corridors of a locality within an urban area where existing entrances and intersections did not meet the spacing standards prior to October 1, 2009, spacing for new entrances and intersections may be allowed by the district administrator's designee that is consistent with the established spacing along the highway, provided that reasonable efforts are made to comply with the other access management requirements of this section including restricting entrances within the functional areas of intersections, sharing entrances with and providing vehicular and pedestrian connections between adjoining properties, and physically restricting entrances to right-in or right-out or both movements.

b. Where a developer proposes a development within a designated urban development area as defined in § 15.2-2223.1 of the Code of Virginia and other comparable local designations that fully incorporates principles of new urbanism and traditional neighborhood development, which may include but need not be limited to (i) pedestrian-friendly road design, (ii) interconnection of new local streets with existing local streets and roads, (iii) connectivity of road and pedestrian networks, (iv) preservation of natural areas, (v) satisfaction of requirements for stormwater management, (vi) mixed-use neighborhoods, including mixed housing types, (vii) reduction of front and side yard building setbacks, and (viii) reduction of subdivision street widths and turning radii at subdivision street intersections, the district administrator's designee may approve spacing standards for entrances and intersections internal to the development that differ from the otherwise applicable spacing standards, provided that such entrances and intersections meet the intersection sight distance standards specified in Appendix G of the Road Design Manual (see 24VAC30-73-170 A).

c. Where a development's second or additional commercial entrances are necessary for the streets in the development to be eligible for acceptance into the secondary system of state highways and such commercial entrances cannot meet the spacing standards for highways, the following shall apply:

(1) For highways with a functional classification as a collector or local street, the district administrator’s designee may approve spacing standards that differ from the otherwise applicable spacing standards to allow the approval of the entrance or entrances. Such commercial entrances shall be required to meet the intersection sight distance standards specified in Appendix G of the Road Design Manual (see 24VAC30-73-180).

(2) For highways with a functional classification as a minor arterial, the district administrator’s designee shall, in consultation with the developer and the locality within which the development is proposed, either approve spacing standards that differ from the otherwise applicable spacing standards to allow the approval of the entrance or entrances, or waive such state requirements that necessitate second or additional commercial entrances.

4. Vehicular/pedestrian circulation between adjoining undeveloped properties. To facilitate traffic circulation between adjacent properties, reduce the number of entrances to the highway, and maximize use of new signalized intersections, the permit applicant shall be required on a highway with a functional classification as a minor arterial highway, and may be required by the district administrator’s designee on a highway with a functional classification as a collector, to record access easements and to construct vehicular connections (which may include frontage roads or reverse frontage roads) in such a manner that affords safe and efficient future access between the permit applicant's property and adjoining undeveloped properties. Where appropriate, the permit applicant also shall construct pedestrian connections to the boundary lines of adjoining undeveloped properties.

a. Such connections shall not be required if there are physical constraints to making such connections between properties, including but not limited to topography, environmentally sensitive areas, and hazardous uses.

b. At such time that a commercial entrance permit application is submitted for the adjoining property, a condition of permit issuance shall be to extend such vehicular/pedestrian connections into the proposed development.

c. If a permit applicant cannot or does not wish to comply with this requirement, the permit applicant's entrance shall be physically restricted to right-in or right-out movements or both or similar restrictions such that the public interests in a safe and efficient flow of traffic on the systems of state highways are protected.

d. Development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site shall provide a unified access and circulation system between the sites.

5. Traffic signal spacing. To promote the efficient progression of traffic on highways, commercial entrances that are expected to serve sufficient traffic volumes and movements to require signalization shall not be permitted if the spacing between the entrance and at least one adjacent signalized intersection is below signalized intersection spacing standards in Appendix G of the Road Design Manual (see 24VAC30-73-170 A). If sufficient spacing between adjacent traffic signals is not available, the entrance shall be physically restricted to right-in or right-out movements or both or similar restrictions such that the public interests in a safe and efficient flow of traffic on the systems of state highways are protected and preserved.

6. Limiting entrance movements. To preserve the safety and function of certain highways, the district administrator's designee may require an entrance to be designed and constructed in such a manner as to physically prohibit certain traffic movements.

B. A request for an exception from the access management requirements in subsection A of this section (excluding subdivision A 2) shall follow the procedures for an appeal set forth in 24VAC30-73-50 except where the District Administrator’s designee is specifically authorized to approve such request. In addition such request shall include specific and documented reasons based on a traffic engineering investigation report prepared showing that highway operation and safety will not be adversely impacted by the requested exception.

C. VDOT may work with a locality or localities on access management corridor plans. Such plans may allow for spacing standards that differ from and supersede the spacing standards for entrances and intersections in Appendix G of the Road Design Manual (see 24VAC30-73-170 A), subject to approval by the commissioner.

24VAC30-73-130. Drainage.

A. Commercial and private entrances shall be constructed so as not to impair drainage within the right-of-way and so that surface water shall drain from the roadway.

B. Where deemed necessary by the district administrator's designee, a commercial entrance applicant shall provide copies of a complete drainage layout based on a drainage study by a licensed design professional. This layout shall clearly show how the permit applicant proposes to handle the drainage and run-off from applicant's development.

C. Pipe ends of culverts shall be reviewed independently by the district administrator's designee and grading or treatment at pipe ends shall minimize any hazard the pipe ends or structures may present to an errant vehicle.

24VAC30-73-140. Drive-in theaters.

A drive-in theater is a specialized commercial entrance. In addition to the commercial entrance regulations set forth in this part, the conditions set forth in § 33.1-12 (15) of the Code of Virginia shall be satisfied in order to construct entrances to drive-in theaters.

24VAC30-73-150. Temporary entrances (construction/logging entrances).

A. Construction of temporary construction or logging entrances upon the systems of state highways shall be authorized in accordance with the provisions in the Land Use Permit Manual (24VAC30-150). The permit applicant must contact the appropriate district administrator's designee to approve the location prior to installing an entrance or utilizing an existing entrance. The district administrator's designee shall also be contacted to arrange and conduct a final inspection prior to closing a temporary construction or logging entrance. In the event that adequate sight distance is not achieved, additional signage that meets the Manual on Uniform Traffic Control Devices standards (see 24VAC30-73-170 D) and certified flaggers shall be used to ensure safe ingress and egress.

B. Entrances shall be designed and operated in such a manner as to prevent mud and debris from being tracked from the site onto the highway's paved surface. If debris is tracked onto the highway, it shall be removed by the permittee immediately as directed by the district administrator's designee.

C. The permittee must restore, at the permittee's cost, all disturbed highway rights-of-way, including, but not limited to, ditches, shoulders, roadside and pavement, to their original condition when removing the entrance. All such restorations are subject to approval by the district administrator's designee.

24VAC30-73-160. Access to public waters.

VDOT may grant the use of portions of the highway right-of-way for access to public waters upon written request from the Executive Director of the Virginia Department of Game and Inland Fisheries to the commissioner. The district administrator's designee may require that a commercial entrance permit be obtained in accordance with the provisions of this chapter for entrances that will provide access to landings, wharves, and docks.

24VAC30-73-170. Documents incorporated by reference.

A. Road Design Manual (effective January 1, 2005, revised October 2009).

Note: Appendices F and G (Access Management Design Standards for Entrances and Intersections) contains the access management standards referenced in Chapters 863 and 928 of the 2007 Acts of Assembly and Chapters 274 and 454 of the 2008 Acts of Assembly.

Location and Design Division (VDOT)

Location and Design Engineer

1401 E. Broad Street

Richmond, Virginia 23219

B. 2007 Road and Bridge Specifications (effective July 2008).

Scheduling and Contract Division (VDOT)

State Contract Engineer

1401 E. Broad Street

Richmond, Virginia 23219

C. Road and Bridge Standards (effective February 1, 2001).

Location and Design Division (VDOT)

Location and Design Engineer

1401 E. Broad Street

Richmond, Virginia 23219

D. The Manual on Uniform Traffic Control Devices for Streets and Highways, 2003 Edition (effective December 22, 2003, revised November 2004).

Federal Highway Administration

Superintendent of Documents

U.S. Government Printing Office

P.O. Box 371954

Pittsburgh, PA 15250-7954

E. A Policy on Geometric Design of Highways and Streets, Fifth Edition, 2004.

American Association of State Highway and Transportation Officials (AASHTO)

444 North Capitol St. N.W., Suite 225

Washington, D.C. 20001

F. Change of Limited Access Control, 24VAC30-401.

Traffic Engineering Division (VDOT)

1401 E. Broad St.

Richmond, VA 23219

G. Land Use Permit Manual, 24VAC30-150.

Asset Management Division (VDOT)

1401 E. Broad St.

Richmond, VA 23219

H. Policy for Integrating Bicycle and Pedestrian Accommodations, eff. March 18, 2004.

Asset Management Division (VDOT)

1401 E. Broad St.

Richmond, VA 23219

I. Highway Capacity Manual, 2000.

Transportation Research Board

500 Fifth Street, NW

Washington, DC 20001

J. Traffic Impact Analysis Regulations, 24VAC30-155.

Asset Management Division (VDOT)

1401 E. Broad St.

Richmond, VA 23219

FORMS

LUP-A - Land Use Permit Application (revised 1/2005).

LUP-SP - Land Use Permit Special Provisions (Notice of Permittee Liability) (revised 11/2007).

LUP-CSB - Land Use Permit Corporate Surety Bond (revised 1/2005).

LUP-LC - Land Use Permit Irrevocable Letter of Credit Bank Agreement (revised 1/2005).

LUP-SB - Land Use Permit Surety Bond (revised 1/2005).