Vol. 28 Iss. 18 - May 07, 2012

Chapter 450
Final Regulation

REGISTRAR'S NOTICE: The Commonwealth Transportation Board is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 B 4 of the Code of Virginia, which exempts regulations relating to grants of state or federal funds or property.

Titles of Regulations: 24VAC30-450. Airport Access Program (repealing 24VAC30-450-10 through 24VAC30-450-40).

24VAC30-451. Airport Access Fund Policy (adding 24VAC30-451-10, 24VAC30-451-20).

Statutory Authority: §§ 33.1-12 and 33.1-221 of the Code of Virginia.

Effective Date: May 7, 2012.

Agency Contact: William R. Dandridge, Program Administration Specialist III, Local Assistance Division, Department of Transportation, 1401 East Broad St., Richmond, VA 233219, telephone (804) 786-2743, or email


The new Airport Access Fund Policy regulation (24VAC30-451) increases the maximum amount of unmatched funding from $300,000 to $500,000, updates the content to be consistent with that of the Economic Development Access Fund Policy (24VAC30-271), and directs the Highway Commissioner to establish administrative procedures for the use of airport access funds. The increase in the maximum unmatched funding is consistent with funding limitation already prescribed for access road projects administered under the Economic Development Access Fund Policy. The new regulation replaces the Airport Access Program (24VAC30-450).


24VAC30-451-10. Purpose.

This chapter describes the conditions set by the Commonwealth Transportation Board governing the use of funds for the construction or improvement of access roads to public use airports within the counties, cities, and towns of the Commonwealth pursuant to § 33.1-221 of the Code of Virginia.

24VAC30-451-20. General provisions.

A. The program for implementation of this policy and the funding available for this program shall be designated respectively as the Airport Access Roads Program and Airport Access Fund.

B. The use of airport access funds shall be limited to assisting in the financing of adequate access to a licensed, public use airport. Termination of access to a licensed, public use airport shall be at the property line of the airport.

C. No cost incurred prior to this board's approval of the allocation of airport access funds may be reimbursed by such funds. Airport access funds shall be authorized only upon confirmation that the licensed airport facility is already constructed or will be built under firm contract or upon provision of acceptable surety in accordance with § 33.1-221 A of the Code of Virginia.

D. Airport access funds shall be used only for the design and construction of the roadway, including preliminary environmental review and standard drainage and storm water facilities required solely by construction of the road. Airport access funds shall not be used for the acquisition of rights of way, the adjustment of utilities, or the attainment of necessary environmental permits.

E. Eligible items in the design and construction of an airport access road shall be limited to those essential for providing an adequate roadway facility to serve the anticipated traffic generated by the airport's operations with adherence to all appropriate Commonwealth Transportation Board and state policies and standards. However, additional pavement width or other features may be eligible where necessary to qualify the road facility in a city or town for maintenance payments under § 33.1-41.1 of the Code of Virginia.

F. The governing body of a city, county, or town in which the proposed airport access road is located shall serve as the applicant and submit a formal resolution to request airport access funds from this board. A town whose streets are maintained under either § 33.1-79 or 33.1-82 of the Code of Virginia shall file the application through the governing body of the county in which it is located. The resolution of request shall include commitments to provide for the rights of way, adjustment of utilities, and necessary environmental permits for the project from funds other than airport access funds allocated by this board.

G. Not more than $650,000 ($500,000 unmatched and $150,000 matched dollar for dollar) of the airport access funds may be used in any fiscal year to provide access to any one airport. Local matching funds shall be provided from funds other than those administered by this board.

H. It is the intent of the Commonwealth Transportation Board that airport access funds not be anticipated from year to year. Unused eligibility cannot be allowed to accumulate and be carried forward from one fiscal year to another.

I. Prior to the formal request for the use of airport access funds, the location for the new access road shall be submitted for approval by the Virginia Department of Transportation.

J. The board will consult with, and may rely on, the recommendations of the Virginia Department of Aviation in determining the use of these airport access funds for a requested project.

K. Airport access funds may be authorized only after all contingencies of the Commonwealth Transportation Board's allocation of funding to the project have been met for airport access.

L. The Commissioner of Highways is directed to establish administrative procedures to assure adherence to and compliance with the provisions of this chapter and legislative directives.

VA.R. Doc. No. R12-3165; Filed April 13, 2012, 1:02 p.m.