Vol. 35 Iss. 4 - October 15, 2018

Chapter 151
Final Regulation

REGISTRAR'S NOTICE: The Commonwealth Transportation Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Commonwealth Transportation Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 24VAC30-151. Land Use Permit Regulations (amending 24VAC30-151-730).

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

Effective Date: November 14, 2018.

Agency Contact: Robert W. Hofrichter, Assistant Director for Land Use, Transportation and Mobility Planning Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-0780, FAX (804) 786-0628, or email


The amendments (i) make the annual wireless support structure public right-of-way use fees consistent with the fees in Chapters 837 and 848 of the 2018 Acts of Assembly, which replace all fees of general application, except permit processing and other plan review fees, with specific fees; and (ii) specify a $14,000 annual fee for colocations of non-small-cell communications equipment on an existing tower. The acts allow the Virginia Department of Transportation to continue to enforce existing permits or agreements for wireless communication towers and the annual fees charged in those permits or agreements until the current terms of those permits or agreements ends.

24VAC30-151-730. Accommodation fees.

After initial installation, the The Commissioner of Highways or a designee shall determine the annual compensation for the use of the right-of-way by a utility, except as provided in 24VAC30-151-740. The rates shall be established on the following basis:

1. Limited Access Crossings - $50 per crossing.

2. Limited Access Longitudinal Installation - $250 per mile annual use payment.

3. Wireless Communication Tower Facility Sites (limited and nonlimited access):

a. $24,000 annual use payment for a communication tower site, and wireless support structure permitted prior to July 1, 2018, until the permit expires or is terminated;

b. $14,000 annual use payment for colocation non-small-cell colocation on a tower site wireless support structure. This payment does not include equipment mounted to an existing wooden utility pole.; and

c. A wireless support structure installed under a land use permit issued on or after July 1, 2018, shall have an annual use payment based upon the following, which shall be adjusted every five years in accordance with § 56-484.32 of the Code of Virginia:

(1) $1,000 for any wireless support structure at or below 50 feet in height;

(2) $3,000 for any wireless support structure above 50 feet and at or below 120 feet in height;

(3) $5,000 for any wireless support structure above 120 feet in height; and

(4) $1.00 per square foot for any other equipment, shelter, or associated facilities constructed on the ground.

VA.R. Doc. No. R19-5645; Filed September 24, 2018, 3:48 p.m.