Title of Regulation: 24VAC30-71. Minimum Standards of Entrances to State Highways (repealing 24VAC30-71-10 through 24VAC30-71-170).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: February 16, 2011.

Effective Date: March 3, 2011.

Agency Contact: Paul Grasewicz, AICP, Access Management Program Administrator, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-0778, FAX (804) 786-0628, or email paul.grasewicz@vdot.virginia.gov.

Basis: Section 33.1-12 of the Code of Virginia authorizes the Commonwealth Transportation Board to make rules and regulations for the protection of and covering traffic on and the use of systems of state highways.

Sections 33.1-197 and 33.1-198 of the Code of Virginia authorize the Commonwealth Transportation Commissioner to permit connections over shoulders of highways for intersecting private roads and intersection commercial establishment entrances to provide the users of such private roads and entrances safe and convenient means of ingress and egress with motor vehicles to and from the paved or otherwise improved parts of such highways.

Purpose: Chapters 863 and 928 of the 2007 Acts of Assembly require the Commonwealth Transportation Commissioner to develop comprehensive highway access management regulations and standards. In response to this directive, the Access Management Regulations: Principal Arterials (24VAC30-72) (Principal Arterials) went into effect July 1, 2008, and the Access Management Regulations: Minor Arterials, Collectors, and Local Streets (24VAC30-73) (Minor Arterials), went into effect October 14, 2009. These regulations and standards supersede the requirements set forth in the Minimum Standards. Therefore, this regulation is being repealed because access management regulations mandated by the General Assembly have made it obsolete. The goal of the repeal is to remove outdated regulations from the Virginia Administrative Code, as well as prevent possible misapplication of the Minimum Standards to the regulation of entrances. It is potentially harmful to the safety of the motorist in particular and the public welfare in general to have obsolete regulations retained in the Virginia Administrative Code.

Rationale for Using Fast-Track Process: Implementation of the Principal Arterials regulations and the Minor Arterials regulations makes the provisions of the Minimum Standards obsolete, as these two Access Management Regulations contain more detail to address goals mandated by the General Assembly. Should there be any conflict among the two Access Management Regulations and the Minimum Standards, the Minimum Standards would not apply. Therefore, VDOT expects repeal of this regulation will not be controversial.

Substance: Although many parts of this regulation have been carried over to the Principal Arterials regulations and the Minor Arterials regulations, in general, the replacement regulations include the following substantive changes:

• Revised list of definitions more relevant to access management (shared entrance, functional classification).

• Additional information on authority to regulate entrances to highways.

• Information on the application of the regulation to principal arterials, minor arterials, collectors, and local streets, and the availability of maps to facilitate identification of highways by their functional classification.

• Revised administrative procedures and rules for obtaining commercial and private entrance permits consistent with the authority granted to district administrator's designees.

• Revised appeal and sight distance exception procedures to include a deadline for VDOT's written response to the request.

• Revised general provisions governing commercial and private entrances consistent with statutory authority and requirements concerning access management.

• Revised details on commercial entrance design to provide more detailed instructions for new items such as bicycle/pedestrian features and traffic impact analyses. Also included is information on existing commercial entrances, such as criteria under which VDOT may require the reconstruction, upgrading, or relocation of a commercial entrance due to unsafe condition, change in use, or its being unserviceable. This information was supplied in the Minimum Standards (24VAC30-71), but the content has been revised. For example, a graphic depiction of maintenance responsibilities of VDOT and owners of private and commercial entrances has been transferred from the Minimum Standards (24VAC30-71) to the Road Design Manual and more guidance is provided on criteria to be used to determine the condition of the entrance or the change in use of the entrance due to an increase in the volume or type of traffic using the entrance.

• Revised details on minimum sight distance for commercial entrances will now be located in the Road Design Manual. Sight distance standards were not changed.

• Revised details on private entrances require the property owner to arrange for the installation of the private entrance drainage pipe. This change is not anticipated to cause any inconvenience, since property owners will already need to engage the services of a contractor to perform grading and other work associated with the pipe installation, and this part of the job can be performed with the other work. In addition, the property owner can request VDOT to install the entrance drainage pipe at the property owner's expense. VDOT may choose to install the drainage pipe and bill the property owner for the cost.

• Information on requirements for coordination with local governments was not explicitly addressed in existing regulations, and is included to provide more instruction to users of the regulations.

Issues: The public will benefit from repeal of this obsolete regulation because the possibility of confusion over applicable standards for entrances will be eliminated. The Access Management Regulations, along with the replacement Land Use Permit Regulations, will be the operative regulatory guidance for access management specifically and the permitting process in general. Even though both access management regulations state that conflicts between those chapters and the Minimum Standards shall be resolved in favor of the access management regulations provisions, continued existence of the regulation might lead to the mistaken conclusion among the public that they are still applicable.

VDOT and the Commonwealth will benefit from repeal of the obsolete regulation for reasons similar to the benefits to the public; removal of obsolete regulations from the Virginia Administrative Code will eliminate the possibility of confusion over applicable standards.

VDOT believes there are no disadvantages to the public or the Commonwealth from this regulatory action.

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, the Commonwealth Transportation Board (Board) has developed implemented and comprehensive highway access management regulations. The Access Management Regulations: Principal Arterials (24VAC30-72) took effect on July 1, 2008 and the Access Management Regulations: Minor Arterials, Collectors, and Local Streets (24VAC30-73) took effect October 14, 2009. The promulgation of these two regulations has consequently made the Minimum Standards of Entrances to State Highways regulation (24VAC30-71) obsolete. Accordingly, the Board proposes to repeal this regulation as it is superseded by the other two regulations.

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

Estimated Economic Impact. The Minimum Standards of Entrances to State Highways do not contain any significant provisions that are not also in other regulations. Thus there is no cost to repealing these regulations. There may be a small benefit to repealing in that some confusion may be avoided. Individuals who read these regulations may not know to look for additional relevant rules in the new comprehensive highway access regulations. Once these regulations are repealed that potential for confusion will be eliminated.

Businesses and Entities Affected. The proposed amendments potentially affect individuals and firms who apply for entrance permits and construct entrances connecting their businesses, residences, or subdivisions to a highway.

Localities Particularly Affected. The proposed amendments do not disproportionately affect particular localities.

Projected Impact on Employment. The proposal amendments will not affect employment.

Effects on the Use and Value of Private Property. The proposed amendments will not affect the use and value of private property.

Small Businesses: Costs and Other Effects. The proposed amendments will not significantly affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments will not significantly affect small businesses.

Real Estate Development Costs. The proposed amendments will not affect real estate development costs.

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 107 (09). 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.

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 repeal of the Minimum Standards of Entrances to State Highways (24VAC30-71).

Summary:

This action repeals the current regulations regarding commercial entrances connecting to state-owned highways because other regulations mandated by the General Assembly, such as the Access Management Regulations (24VAC30-72 and 24VAC 30-73) and the Land Use Permit Regulations (24VAC30-151) make it obsolete.