TITLE 24. TRANSPORTATION AND MOTOR VEHICLES
COMMONWEALTH TRANSPORTATION BOARD
Report of Findings
Pursuant to §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Commonwealth Transportation Board conducted a periodic review and a small business impact review of 24VAC30-540, Conveyance of Land and Disposal of Improvements, and determined that this regulation should be retained as is. The board is publishing its report of findings dated February 3, 2025, to support this decision.
The regulation sets forth policy and procedures for the Commissioner of Highways to recommend transfer or conveyance of residue and surplus land acquired in contemplation of a highway construction project based upon highest and best use. The regulation is necessary for the protection of public health, safety, and welfare and is clearly written and easily understandable.
The Virginia Department of Transportation (VDOT) recommends retaining the regulation as is. The regulation helps to ensure that VDOT resources are used effectively, and it articulates policy and protocol for the transfer or conveyance of residue and surplus land with an emphasis on highest and best use.
A periodic review of this regulation was last performed in 2020. This regulation continues to be needed as it helps ensure effective use of highway resources by setting forth the policy and procedures for the conveyance of land no longer needed by VDOT. Typically, the original landowner is offered right of first refusal, with exceptions to that policy clearly articulated in the regulation. The regulation also emphasizes the importance of conveying surplus VDOT right-of-way based on highest and best use. VDOT is not aware of any undue burden placed on small business due to the regulation. VDOT has received no complaints concerning the regulation, and the regulation is not overly complex. The regulation is consistent with federal and state law.
Contact Information: JoAnne P. Maxwell, Agency Regulatory Coordinator, Governance and Legislative Affairs Division, Department of Transportation, 1401 East Broad Street, Richmond, VA 23219, telephone (804) 786-1830, or email joanne.maxwell@vdot.virginia.gov.