[ 1Hanover
County Aggregate includes Ashland STP (VA0024899), Doswell WWTP (VA0029521),
and Totopotomoy WWTP (VA0089915)
2HRSD York River Aggregate includes York River STP (VA0081311),
West Point STP (VA0075434), and King William STP (VA0028819).
3HRSD James River Aggregate includes Boat Harbor STP
(VA0081256), James River STP (VA0081272), Williamsburg STP (VA0081302),
Nansemond STP (VA0081299), Army Base STP (VA0081230), Virginia Initiative STP
(VA0081281), and Chesapeake Elizabeth STP (VA0081264). ]
NOTICE: The
following forms used in administering the regulation were filed by the agency.
The forms are not being published; however, online users of this issue of the
Virginia Register of Regulations may click on the name to access a form. The
forms are also available through the agency contact or at the Office of the
Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond,
Virginia 23219.
FORMS (9VAC25-820)
Virginia Pollutant Discharge Elimination System General
Permit Registration Statement for Total Nitrogen and Total Phosphorus
Discharges and Nutrient Trading in the Chesapeake Watershed in Virginia (eff.
11/06).
Virginia
Pollutant Discharge Elimination System General Permit Registration Statement
for Total Nitrogen and Total Phosphorus Discharges and Nutrient Trading in the
Chesapeake Watershed in Virginia (rev. 10/11).
VA.R. Doc. No. R10-2123; Filed September 28, 2011, 3:16 p.m.
w –––––––––––––––––– w
TITLE 12. HEALTH
STATE BOARD OF HEALTH
Final Regulation
REGISTRAR'S NOTICE:
The State Board of Health is claiming an exemption from 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 State Board of Health
will receive, consider, and respond to petitions by any interested person at
any time with respect to reconsideration or revision.
Title of Regulation: 12VAC5-220. Virginia Medical
Care Facilities Certificate of Public Need Rules and Regulations (repealing 12VAC5-220-500).
Statutory Authority: § 32.1-102.2 of the Code of
Virginia.
Effective Date: November 23, 2011.
Agency Contact: Carrie Eddy, Senior Policy Analyst,
Department of Health, 9960 Mayland Drive, Suite 401, Richmond, VA 23233,
telephone (804) 367-2157, or email carrie.eddy@vdh.virginia.gov.
Summary:
Chapters 92 and 150 of the 2011 Acts of Assembly amended
§ 32.1-102.1 of the Code of Virginia related to the Certificate of Public
Need (COPN) program by adding the Department of Veterans Services to the
listing of state medical care facilities exempted from obtaining a COPN prior
to constructing or renovating any of Virginia's veteran care centers. The
Department of Veterans Services operates several skilled nursing facilities for
veterans in Virginia, each having obtained a special legislative exemption to
COPN. Such exemptions are already allowed for the Virginia Department of
Behavioral Health and Developmental Services, the Woodrow Wilson Rehabilitation
Center, and the Department of Corrections. Because the exemption is now
statutory, the applicable section of the COPN regulation is being repealed.
Part XI
Other
12VAC5-220-500. Exemption of Virginia Veterans Care Center
(Repealed).
Notwithstanding the foregoing and other provisions of
Article 1.1 (§ 32.1-102.1 et seq.) of Chapter 4 of Title 32.1 of the Code of
Virginia, the Virginia Veterans Care Center authorized by Chapter 668, 1989
Acts of Assembly, shall be exempt from all certificate of public need review
requirements as a medical care facility.
VA.R. Doc. No. R12-2816; Filed September 28, 2011, 11:58 a.m.
Final Regulation
REGISTRAR'S NOTICE:
The State Board of Health has claimed an exemption from 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 or the appropriation act where no agency discretion is involved.
The State Board of Health will receive, consider, and respond to petitions by
any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 12VAC5-391. Regulations for the
Licensure of Hospice (amending 12VAC5-391-350, 12VAC5-391-430).
Statutory Authority: §§ 32.1-12 and 32.1-162.5 of
the Code of Virginia.
Effective Date: November 23, 2011.
Agency Contact: Carrie Eddy, Policy Analyst, Department
of Health, 3600 West Broad Street, Richmond, VA, telephone (804) 367-5100, or
email carrie.eddy@vdh.virginia.gov.
Summary:
The amendment replaces language allowing home attendants to
assist with or administer only topical and oral medications that a patient
would normally self administer with language allowing the home attendant to
assist with or administer normally self-administered drugs in the patient's
private residence as allowed by the Virginia Drug Control Act, § 54.1-3408
of the Code of Virginia.
12VAC5-391-350. Home attendant services.
A. Services of the home attendants may include, but are not
limited to:
1. Assisting patients with (i) activities of daily living;
(ii) ambulation and prescribed exercise; (iii) other special duties with
appropriate training and demonstrated competency;
2. Assisting with oral or topical medications that the
patient can normally self-administer Administration of normally
self-administered drugs in a patient's private residence as allowed by § 54.1-3408
of the Virginia Drug Control Act (Chapter 34 (§ 54.1-3400 et seq.) of
Title 54.1 of the Code of Virginia);
3. Taking and recording vital signs as indicated in the plan
of care;
4. Measuring and recording fluid intake and output;
5. Recording and reporting to the health care professional
changes in the patient's physical condition, behavior or appearance;
6. Documenting services and observations in the medical
record; and
7. Performing any other duties that the attendant is qualified
to do by additional training and demonstrated competency, within state
guidelines.
B. Prior to the initial delivery of services, the home
attendant shall receive specific written instructions for the patient's care
from the appropriate health care professional responsible for the care.
C. Home attendants shall work under the supervision of the
appropriate health care professional responsible for the patient's care.
D. The nurse responsible for supervising the home attendant
shall make visits to the patient's home as frequently as necessary, but not
less than every two weeks. The results of each visit shall be documented in the
medical record.
E. Relevant in-service education or training for home
attendants shall consist of at least 12 hours annually. In-service training may
be in conjunction with on-site supervision.
F. Home attendants shall be able to speak, read and write
English and shall meet one of the following qualifications:
1. Have satisfactorily completed a nursing education hospice
program preparing for registered nurse licensure or practical nurse licensure;
2. Have satisfactorily completed a nurse aide education
hospice program approved by the Virginia Board of Nursing;
3. Have certification as a nurse aide issued by the Virginia
Board of Nursing;
4. Be successfully enrolled in a nursing education hospice
program preparing for registered nurse or practical nurse licensure and have
currently completed at least one nursing course that includes clinical
experience involving patient care;
5. Have satisfactorily passed a competency evaluation that
meets the criteria of 42 CFR 484.36 (b); or
6. Have satisfactorily completed training using the
"Personal Care Aide Training Curriculum," dated 2003, of the
Department of Medical Assistance Services. However, the training is permissible
for volunteers only.
12VAC5-391-430. Pharmacy services.
A. All prescription drugs shall be prescribed and properly
dispensed to the patient according to the provisions of Chapters 33 (§
54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of
Virginia and the regulations of the Virginia Board of Pharmacy, except for
prescription drugs authorized by § 54.1-3408 of the Drug Control Act, such as
epinephrine for emergency administration, normal saline and heparin flushes for
the maintenance of IV lines, and adult immunizations, which may be given by a
nurse pursuant to established protocol.
B. Home attendants may assist only with those topical and
oral medications that the patient would normally self administer normally
self-administered drugs in the patient's private residence as allowed by § 54.1-3408
of the Virginia Drug Control Act (Chapter 34 (§ 54.1-3400 et seq.) of
Title 54.1 of the Code of Virginia). Any other drug shall be administered
only by a licensed nurse or physician assistant.
C. The hospice program shall develop written policies and
procedures for the administration of infusion therapy medications that include,
but are not limited to:
1. Developing a plan of care;
2. Initiation of medication administration based on a
prescriber's order and monitoring of the patient for response to the treatment
and any adverse reactions or side effects;
3. Assessment of any factors related to the home environment
that may affect the prescriber's decisions for initiating, modifying, or
discontinuing medications;
4. Communication with the prescriber concerning assessment of
the patient's response to therapy, any other patient specific needs, any
significant change in the patient's condition;
5. Communication with the patient's provider pharmacy
concerning problems or needed changes in a patient's medication;
6. Maintaining a complete and accurate record of medications
prescribed, medication administration data, patient assessments, any laboratory
tests ordered to monitor response to drug therapy and results, and
communications with the prescriber and pharmacy provider;
7. Educating or instructing the patient, family members, or
other caregivers involved in the administration of infusion therapy in the
proper storage of medication, in the proper handling of supplies and equipment,
in any applicable safety precautions, in recognizing potential problems with
the patient, and actions to take in an emergency; and
8. Initial training and retraining of all hospice program
staff providing infusion therapy.
D. The hospice program shall employ a registered nurse who
holds a current active license with the Virginia Board of Nursing, has
completed training in infusion therapy and has the knowledge, skills, and
competencies to safely administer infusion therapy to supervise medication
administration by staff. This person shall be responsible for ensuring
compliance with applicable laws and regulations, adherence to the policies and
procedures related to administration of medications, and conducting periodic
assessments of staff competency in performing infusion therapy.
VA.R. Doc. No. R12-2949; Filed October 5, 2011, 11:56 a.m.
Final Regulation
REGISTRAR'S NOTICE:
The State Board of Health is claiming an exemption from 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 State Board of Health
will receive, consider, and respond to petitions by any interested person at
any time with respect to reconsideration or revision.
Title of Regulation: 12VAC5-408. Certificate of
Quality Assurance of Managed Care Health Insurance Plan Licensees (amending 12VAC5-408-10).
Statutory Authority: § 32.1-137.3 of the Code of
Virginia.
Effective Date: November 23, 2011.
Agency Contact: Carrie Eddy, Senior Policy Analyst,
Department of Health, 9960 Mayland Drive, Henrico, VA 23233, telephone (804)
367-2102, or email carrie.eddy@vdh.virginia.gov.
Summary:
Chapter 882 of the 2011 Acts of Assembly conforms
inconsistent and conflicting requirements of Virginia's health insurance laws
to corresponding provisions of the federal Patient Protection and Affordable
Care Act that became law in March 2010. The amendments assure that the
regulations pertaining to certification of managed care health insurance providers
do not conflict with federal or state law or the regulations of the Bureau of
Insurance of the State Corporation Commission.
Part I
Definitions and General Information
12VAC5-408-10. Definitions.
The following words and terms when used in this chapter shall
have the following meanings unless the context clearly indicates otherwise:
"Adverse decision" means a utilization review
determination by the utilization review entity that a health service rendered
or proposed to be rendered was not or is not medically necessary, when such
determination may result in noncoverage of the health service or health
services. When the policy, contract, plan, certificate, or evidence of coverage
includes coverage for prescription drugs and the health service rendered or
proposed to be rendered is a prescription for the alleviation of cancer pain,
any adverse decision shall be made within 24 hours of the request for coverage.
"Appeal" means a formal request by a covered person
or a provider on behalf of a covered person for reconsideration of a decision,
such as a final adverse decision, a benefit payment, a denial of coverage, or a
reimbursement for service.
"Basic health care services" means those health
care services, as applicable to the type of managed care health insurance plan,
described in § 38.2-5800 of the Code of Virginia which are required to be
provided, arranged, paid for, or reimbursed by the managed care health
insurance plan licensee for its covered persons.
"Board" means the Board of Health.
"Bureau of Insurance" means the State Corporation
Commission acting pursuant to Title 38.2 of the Code of Virginia.
"Center" means the Center for Quality Health Care
Services and Consumer Protection of the Virginia Department of Health.
"Certificate" means a certificate of quality
assurance.
"Complaint" means a written communication from a
covered person primarily expressing a grievance. A complaint may pertain to the
availability, delivery, or quality of health care services including claims
payments, the handling or reimbursement for such services, or any other matter
pertaining to the covered person's contractual relationship with the MCHIP.
"Covered person" means an individual residing in
the Commonwealth, whether a subscriber, policyholder, enrollee, or member, of a
managed care health insurance plan (MCHIP), who is entitled to health services
or benefits provided, arranged for, paid for, or reimbursed pursuant to an
MCHIP.
"Delegated service entity" means the entity with
which an MCHIP licensee contracts to provide one or more of the services listed
in 12VAC5-408-320 A for one or more of its MCHIPs, pursuant to and in
accordance with the provisions of Part VI (12VAC5-408-320 et seq.) of this
chapter, inclusive.
"Department" means the Virginia Department of Health.
"Emergency services" means those health care
services that are rendered by affiliated or nonaffiliated providers after
the sudden onset of a medical condition that manifests itself by symptoms of
sufficient severity, including severe pain, that the absence of immediate
medical attention could reasonably be expected to result in (i) serious
jeopardy to the mental or physical health of the individual, (ii) danger of
serious impairment of the individual's bodily functions, (iii) serious
dysfunction of any of the individual's bodily organs, or (iv) in the case of a
pregnant woman, serious jeopardy to the health of the fetus. Emergency services
provided within an MCHIP's service area shall include covered health services
from nonaffiliated providers only when delay in receiving care from a provider
affiliated with the MCHIP could reasonably be expected to cause the covered
person's condition to worsen if left unattended as defined in § 38.2-3438
of the Code of Virginia.
"Evidence of coverage" means any certificate,
individual or group agreement or contract, or identification card or related
document issued in conjunction with the certificate, agreement or contract,
issued to a covered person setting out the coverage and other rights to which a
covered person is entitled.
"Final adverse decision" means a utilization review
determination made by a physician advisor or peer of the treating health care
provider in a reconsideration of an adverse decision, and upon which a provider
or patient may base an appeal.
"Health care data reporting system" means the state
contracted integrated system for the collection and analysis of data used by
consumers, employers, providers, and purchasers of health care to continuously
assess and improve the quality of health care in the Commonwealth.
"Health care services" means services as defined
in § 38.2-3438 of the Code of Virginia.
"Health carrier" means an entity as defined in § 38.2-3438
of the Code of Virginia.
"Managed care health insurance plan" or
"MCHIP" means an arrangement for the delivery of health care in which
a health carrier, as defined in § 38.2-5800 of the Code of Virginia,
undertakes to provide, arrange for, pay for, or reimburse any of the costs of
health care services for a covered person on a prepaid or insured basis which
(i) contains one or more incentive arrangements, including any credentialing
requirements intended to influence the cost or level of health care services
between the health carrier and one or more providers with respect to the
delivery of health care services and (ii) requires or creates benefit payment
differential incentives for covered persons to use providers that are directly
or indirectly managed, owned, under contract with or employed by the health
carrier. Any health maintenance organization as defined in § 38.2-4300 of
the Code of Virginia or health carrier that offers preferred provider contracts
or policies as defined in § 38.2-3407 of the Code of Virginia or preferred
provider subscription contracts as defined in § 38.2-4209 of the Code of
Virginia shall be deemed to be offering one or more managed care health
insurance plans. For the purposes of this definition, the prohibition of
balance billing by a provider shall not be deemed a benefit payment
differential incentive for covered persons to use providers who are directly or
indirectly managed, owned, under contract with or employed by the health
carrier. A single managed care health insurance plan may encompass multiple
products and multiple types of benefit payment differentials; however, a single
managed care health insurance plan shall encompass only one provider network or
set of provider networks.
"Managed care health insurance plan licensee" or
"MCHIP licensee" means a health carrier subject to licensure by the
Bureau of Insurance and to quality assurance certification by the department
under Title 38.2 of the Code of Virginia who is responsible for a managed care
health insurance plan in accordance with Chapter 58 (§ 38.2-5800 et seq.)
of Title 38.2 of the Code of Virginia.
"Material" means that which has an effective
influence or bearing on, or is pertinent to, the issue in question.
"Medical necessity" or "medically
necessary" means appropriate and necessary health care services which are
rendered for any condition which, according to generally accepted principles of
good medical practice, requires the diagnosis or direct care and treatment of
an illness, injury, or pregnancy-related condition, and are not provided only
as a convenience.
"Nationally recognized accrediting body" means an
organization that sets national standards specifically governing healthcare
quality assurance processes, utilization review, provider credentialing, as
well as other areas covered by this chapter and provides accreditation to managed
care health insurance plans pursuant to national standards. The following
entities shall be considered nationally recognized accrediting bodies:
1. The American Accreditation HealthCare Commission/URAC;
2. The National Committee for Quality Assurance (NCQA);
3. The Joint Commission on Accreditation of Healthcare
Organizations, (JCAHO); and
4. Other nationally recognized accrediting bodies with
national standards as described above that are accepted by the department.
"Network" means a group of providers as defined
in § 38.2-3438 of the Code of Virginia.
"Person" means any individual, aggregate of
individuals, association, business, company, corporation, joint-stock company,
Lloyds type of organization, other organization, partnership, receiver,
reciprocal or inter-insurance exchange, trustee or society.
"Plan of correction" means an MCHIP'S written plan
that outlines the action the MCHIP will take to address compliance issues
identified during an administrative review or on-site examination conducted by
the department.
"Preferred provider organization" or
"PPO" means an arrangement in which a health carrier, as defined in § 38.2-5800
of the Code of Virginia, undertakes to provide, arrange for, pay for, or
reimburse any of the costs of health care services, on an insured basis, which
creates incentives, including financial incentives, for a covered person to use
health care providers directly or indirectly managed, owned, under contract
with, or employed by the health carrier, but shall not include a health
maintenance organization as defined in § 38.2-4300 of the Code of
Virginia.
"Quality assurance program" means the systems,
standards and processes including, but not limited to, reasonable and adequate
systems to assess, measure, and improve the health status of covered persons,
necessary to obtain a certificate of quality assurance from the department in
accordance with this chapter and in accordance with § 32.1-137.2 C of the Code
of Virginia.
"Service area" means a geographic area as defined
in § 38.2-5800 of the Code of Virginia.
"Timely" means the provision of services so as not
to impair or jeopardize the integrity of the covered persons' diagnosis or
outcomes of illness.
"Treating health care provider" means a licensed
health care provider who renders or proposes to render health care services to
a covered person.
"Utilization review" means a system for reviewing
the necessity, appropriateness, and efficiency of hospital, medical or other
health care services rendered or proposed to be rendered to a patient or group
of patients for the purpose of determining whether such services should be
covered or provided by an insurer, health services plan, managed care health
insurance plan licensee, or other entity or person. For purposes of this
chapter, "utilization review" shall include, but not be limited to,
preadmission, concurrent and retrospective medical necessity determination, and
review related to the appropriateness of the site at which services were or are
to be delivered. "Utilization review" shall not include (i) review of
issues concerning insurance contract coverage or contractual restrictions on
facilities to be used for the provision of services, (ii) any review of patient
information by an employee of or consultant to any licensed hospital for
patients of such hospital, or (iii) any determination by an insurer as to the
reasonableness and necessity of services for the treatment and care of an
injury suffered by an insured for which reimbursement is claimed under a
contract of insurance covering any classes of insurance defined in §§ 38.2-117
through 38.2-119, 38.2-124 through 38.2-126, 38.2-130 through 38.2-132 and
38.2-134 of the Code of Virginia.
"Utilization review entity" means a person or
entity performing utilization review.
"Utilization review plan" means a written procedure
for performing a utilization review.
VA.R. Doc. No. R12-2862; Filed September 28, 2011, 9:02 a.m.
DEPARTMENT OF MEDICAL ASSISTANCE SERVICES
Final Regulation
REGISTRAR'S NOTICE:
The Department of Medical Assistance Services has claimed an exemption from 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 or the appropriation act where no agency discretion
is involved. The Department of Medical Assistance Services will receive,
consider, and respond to petitions by any interested person at any time with
respect to reconsideration or revision.
Title of Regulation: 12VAC30-80. Methods and
Standards for Establishing Payment Rates; Other Types of Care (amending 12VAC30-80-30).
Statutory Authority: §§ 32.1-324 and 32.1-325 of
the Code of Virginia.
Effective Date: January 1, 2012.
Agency Contact: Brian McCormick, Regulatory Supervisor,
Department of Medical Assistance Services, 600 East Broad Street, Suite 1300,
Richmond, VA 23219, telephone (804) 371-8856, FAX (804) 786-1680, or email
brian.mccormick@dmas.virginia.gov.
Summary:
The amendment adds reimbursement for incontinence supplies
to the list of Durable Medical Equipment.
12VAC30-80-30. Fee-for-service providers.
A. Payment for the following services, except for physician
services, shall be the lower of the state agency fee schedule (12VAC30-80-190
has information about the state agency fee schedule) or actual charge (charge
to the general public):
1. Physicians' services. Payment for physician services shall
be the lower of the state agency fee schedule or actual charge (charge to the
general public). The following limitations shall apply to emergency physician
services.
a. Definitions. The following words and terms, when used in
this subdivision 1 shall have the following meanings when applied to emergency
services unless the context clearly indicates otherwise:
"All-inclusive" means all emergency service and
ancillary service charges claimed in association with the emergency department
visit, with the exception of laboratory services.
"DMAS" means the Department of Medical Assistance
Services consistent with Chapter 10 (§ 32.1-323 et seq.) of Title 32.1 of
the Code of Virginia.
"Emergency physician services" means services that
are necessary to prevent the death or serious impairment of the health of the
recipient. The threat to the life or health of the recipient necessitates the
use of the most accessible hospital available that is equipped to furnish the
services.
"Recent injury" means an injury that has occurred
less than 72 hours prior to the emergency department visit.
b. Scope. DMAS shall differentiate, as determined by the
attending physician's diagnosis, the kinds of care routinely rendered in
emergency departments and reimburse physicians for nonemergency care rendered
in emergency departments at a reduced rate.
(1) DMAS shall reimburse at a reduced and all-inclusive
reimbursement rate for all physician services, including those obstetric and
pediatric procedures contained in 12VAC30-80-160, rendered in emergency departments
that DMAS determines are nonemergency care.
(2) Services determined by the attending physician to be
emergencies shall be reimbursed under the existing methodologies and at the
existing rates.
(3) Services determined by the attending physician that may be
emergencies shall be manually reviewed. If such services meet certain criteria,
they shall be paid under the methodology in subdivision 1 b (2) of this
subsection. Services not meeting certain criteria shall be paid under the
methodology in subdivision 1 b (1) of this subsection. Such criteria shall
include, but not be limited to:
(a) The initial treatment following a recent obvious injury.
(b) Treatment related to an injury sustained more than 72
hours prior to the visit with the deterioration of the symptoms to the point of
requiring medical treatment for stabilization.
(c) The initial treatment for medical emergencies including
indications of severe chest pain, dyspnea, gastrointestinal hemorrhage,
spontaneous abortion, loss of consciousness, status epilepticus, or other
conditions considered life threatening.
(d) A visit in which the recipient's condition requires
immediate hospital admission or the transfer to another facility for further
treatment or a visit in which the recipient dies.
(e) Services provided for acute vital sign changes as
specified in the provider manual.
(f) Services provided for severe pain when combined with one
or more of the other guidelines.
(4) Payment shall be determined based on ICD-9-CM diagnosis
codes and necessary supporting documentation.
(5) DMAS shall review on an ongoing basis the effectiveness of
this program in achieving its objectives and for its effect on recipients,
physicians, and hospitals. Program components may be revised subject to
achieving program intent objectives, the accuracy and effectiveness of the
ICD-9-CM code designations, and the impact on recipients and providers.
2. Dentists' services.
3. Mental health services including: (i) community mental
health services; (ii) services of a licensed clinical psychologist; or (iii)
mental health services provided by a physician.
a. Services provided by licensed clinical psychologists shall
be reimbursed at 90% of the reimbursement rate for psychiatrists.
b. Services provided by independently enrolled licensed
clinical social workers, licensed professional counselors or licensed clinical
nurse specialists-psychiatric shall be reimbursed at 75% of the reimbursement
rate for licensed clinical psychologists.
4. Podiatry.
5. Nurse-midwife services.
6. Durable medical equipment (DME).
a. For those items that have a national Healthcare Common
Procedure Coding System (HCPCS) code, the rate for durable medical equipment
shall be set at the Durable Medical Equipment Regional Carrier (DMERC)
reimbursement level.
b. The rate paid for all items of durable medical equipment
except nutritional supplements shall be the lower of the state agency fee
schedule that existed prior to July 1, 1996, less 4.5%, or the actual charge.
c. The rate paid for nutritional supplements shall be the
lower of the state agency fee schedule or the actual charge.
d. The reimbursement for incontinence supplies shall be by
selective contract. Pursuant to § 1915(a)(1)(B) of the Social Security Act
and 42 CFR 431.54(d), the Commonwealth assures that adequate services/devices
shall be available under such arrangements.
d. e. Certain durable medical equipment used for
intravenous therapy and oxygen therapy shall be bundled under specified
procedure codes and reimbursed as determined by the agency. Certain
services/durable medical equipment such as service maintenance agreements shall
be bundled under specified procedure codes and reimbursed as determined by the
agency.
(1) Intravenous therapies. The DME for a single therapy,
administered in one day, shall be reimbursed at the established service day
rate for the bundled durable medical equipment and the standard pharmacy
payment, consistent with the ingredient cost as described in 12VAC30-80-40,
plus the pharmacy service day and dispensing fee. Multiple applications of the
same therapy shall be included in one service day rate of reimbursement.
Multiple applications of different therapies administered in one day shall be
reimbursed for the bundled durable medical equipment service day rate as
follows: the most expensive therapy shall be reimbursed at 100% of cost; the
second and all subsequent most expensive therapies shall be reimbursed at 50%
of cost. Multiple therapies administered in one day shall be reimbursed at the
pharmacy service day rate plus 100% of every active therapeutic ingredient in
the compound (at the lowest ingredient cost methodology) plus the appropriate
pharmacy dispensing fee.
(2) Respiratory therapies. The DME for oxygen therapy shall
have supplies or components bundled under a service day rate based on oxygen
liter flow rate or blood gas levels. Equipment associated with respiratory
therapy may have ancillary components bundled with the main component for
reimbursement. The reimbursement shall be a service day per diem rate for rental
of equipment or a total amount of purchase for the purchase of equipment. Such
respiratory equipment shall include, but not be limited to, oxygen tanks and
tubing, ventilators, noncontinuous ventilators, and suction machines.
Ventilators, noncontinuous ventilators, and suction machines may be purchased
based on the individual patient's medical necessity and length of need.
(3) Service maintenance agreements. Provision shall be made
for a combination of services, routine maintenance, and supplies, to be known
as agreements, under a single reimbursement code only for equipment that is
recipient owned. Such bundled agreements shall be reimbursed either monthly or
in units per year based on the individual agreement between the DME provider
and DMAS. Such bundled agreements may apply to, but not necessarily be limited
to, either respiratory equipment or apnea monitors.
7. Local health services.
8. Laboratory services (other than inpatient hospital).
9. Payments to physicians who handle laboratory specimens, but
do not perform laboratory analysis (limited to payment for handling).
10. X-Ray services.
11. Optometry services.
12. Medical supplies and equipment.
13. Home health services. Effective June 30, 1991, cost
reimbursement for home health services is eliminated. A rate per visit by
discipline shall be established as set forth by 12VAC30-80-180.
14. Physical therapy; occupational therapy; and speech,
hearing, language disorders services when rendered to noninstitutionalized
recipients.
15. Clinic services, as defined under 42 CFR 440.90.
16. Supplemental payments for services provided by Type I
physicians.
a. In addition to payments for physician services specified
elsewhere in this State Plan, DMAS provides supplemental payments to Type I
physicians for furnished services provided on or after July 2, 2002. A Type I
physician is a member of a practice group organized by or under the control of
a state academic health system or an academic health system that operates under
a state authority and includes a hospital, who has entered into contractual
agreements for the assignment of payments in accordance with 42 CFR
447.10.
b. Effective July 2, 2002, the supplemental payment amount for
Type I physician services shall be the difference between the Medicaid payments
otherwise made for Type I physician services and Medicare rates. Effective
August 13, 2002, the supplemental payment amount for Type I physician services
shall be the difference between the Medicaid payments otherwise made for
physician services and 143% of Medicare rates. This percentage was determined
by dividing the total commercial allowed amounts for Type I physicians for at
least the top five commercial insurers in CY 2004 by what Medicare would have
allowed. The average commercial allowed amount was determined by multiplying
the relative value units times the conversion factor for RBRVS procedures and
by multiplying the unit cost times anesthesia units for anesthesia procedures
for each insurer and practice group with Type I physicians and summing for all
insurers and practice groups. The Medicare equivalent amount was determined by
multiplying the total commercial relative value units for Type I physicians
times the Medicare conversion factor for RBRVS procedures and by multiplying
the Medicare unit cost times total commercial anesthesia units for anesthesia
procedures for all Type I physicians and summing.
c. Supplemental payments shall be made quarterly.
d. Payment will not be made to the extent that this would
duplicate payments based on physician costs covered by the supplemental
payments.
17. Supplemental payments for services provided by physicians
at Virginia freestanding children's hospitals.
a. In addition to payments for physician services specified
elsewhere in this State Plan, DMAS provides supplemental payments to Virginia
freestanding children's hospital physicians providing services at freestanding
children's hospitals with greater than 50% Medicaid inpatient utilization in
state fiscal year 2009 for furnished services provided on or after July 1,
2011. A freestanding children's hospital physician is a member of a practice
group (i) organized by or under control of a qualifying Virginia freestanding
children's hospital, or (ii) who has entered into contractual agreements for
provision of physician services at the qualifying Virginia freestanding
children's hospital and that is designated in writing by the Virginia
freestanding children's hospital as a practice plan for the quarter for which
the supplemental payment is made subject to DMAS approval. The freestanding
children's hospital physicians also must have entered into contractual
agreements with the practice plan for the assignment of payments in accordance
with 42 CFR 447.10.
b. Effective July 1, 2011, the supplemental payment amount for
freestanding children's hospital physician services shall be the difference
between the Medicaid payments otherwise made for freestanding children's
hospital physician services and 143% of Medicare rates as defined in the
supplemental payment calculation for Type I physician services subject to the
following reduction. Final payments shall be reduced on a pro-rated basis so
that total payments for freestanding children's hospital physician services are
$400,000 less annually than would be calculated based on the formula in the
previous sentence. Payments shall be made on the same schedule as Type I
physicians.
18. Supplemental payments to nonstate government-owned or
operated clinics.
a. In addition to payments for clinic services specified
elsewhere in the regulations, DMAS provides supplemental payments to qualifying
nonstate government-owned or operated clinics for outpatient services provided
to Medicaid patients on or after July 2, 2002. Clinic means a facility that is
not part of a hospital but is organized and operated to provide medical care to
outpatients. Outpatient services include those furnished by or under the
direction of a physician, dentist or other medical professional acting within
the scope of his license to an eligible individual. Effective July 1, 2005, a
qualifying clinic is a clinic operated by a community services board. The state
share for supplemental clinic payments will be funded by general fund
appropriations.
b. The amount of the supplemental payment made to each
qualifying nonstate government-owned or operated clinic is determined by:
(1) Calculating for each clinic the annual difference between
the upper payment limit attributed to each clinic according to subdivision 18 d
and the amount otherwise actually paid for the services by the Medicaid
program;
(2) Dividing the difference determined in subdivision 18 b (1)
for each qualifying clinic by the aggregate difference for all such qualifying
clinics; and
(3) Multiplying the proportion determined in subdivision 18 b
(2) by the aggregate upper payment limit amount for all such clinics as
determined in accordance with 42 CFR 447.321 less all payments made to such
clinics other than under this section.
c. Payments for furnished services made under this section may
be made in one or more installments at such times, within the fiscal year or
thereafter, as is determined by DMAS.
d. To determine the aggregate upper payment limit referred to
in subdivision 18 b (3), Medicaid payments to nonstate government-owned or
operated clinics will be divided by the "additional factor" whose
calculation is described in Attachment 4.19-B, Supplement 4 (12VAC30-80-190 B
2) in regard to the state agency fee schedule for RBRVS. Medicaid payments will
be estimated using payments for dates of service from the prior fiscal year
adjusted for expected claim payments. Additional adjustments will be made for
any program changes in Medicare or Medicaid payments.
19. Personal Assistance Services (PAS) for individuals
enrolled in the Medicaid Buy-In program described in 12VAC30-60-200. These
services are reimbursed in accordance with the state agency fee schedule
described in 12VAC30-80-190. The state agency fee schedule is published on the
Single State Agency Website.
B. Hospice services payments must be no lower than the
amounts using the same methodology used under Part A of Title XVIII, and take
into account the room and board furnished by the facility, equal to at least
95% of the rate that would have been paid by the state under the plan for
facility services in that facility for that individual. Hospice services shall
be paid according to the location of the service delivery and not the location
of the agency's home office.
VA.R. Doc. No. R12-2982; Filed October 5, 2011, 11:12 a.m.
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TITLE 14. INSURANCE
STATE CORPORATION COMMISSION
Proposed Regulation
REGISTRAR'S NOTICE:
The State Corporation Commission is exempt from the Administrative Process Act
in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts
courts, any agency of the Supreme Court, and any agency that by the
Constitution is expressly granted any of the powers of a court of record.
Titles of Regulations: 14VAC5-215. Rules Governing
Independent External Review of Final Adverse Utilization Review Decisions (repealing 14VAC5-215-10 through
14VAC5-215-130).
14VAC5-216. Rules Governing Internal Appeal and External
Review (amending 14VAC5-216-20, 14VAC5-216-40,
14VAC5-216-70; adding 14VAC5-216-45).
Statutory Authority: §§ 12.1-13 and 38.2-223 of the
Code of Virginia.
Public Hearing Information: A public hearing will be
scheduled upon request.
Public Comment Deadline: November 21, 2011.
Agency Contact: Julie Blauvelt, Senior Insurance Market
Examiner, Bureau of Insurance, State Corporation Commission, P.O. Box 1157,
Richmond, VA 23218, telephone (804) 371-9865, FAX (804) 371-9944, or email
julie.blauvelt@scc.virginia.gov.
Summary:
The proposed action repeals 14VAC5-215 because
§ 38.2-5900 and §§ 38.2-5901 through 38.2-5905 of the Code of
Virginia were repealed by the General Assembly in 2011, and the external review
process was replaced with a new process found in Chapter 35.1
(§§ 38.2-3556 through 38.2-3571) of Title 38.2 of the Code of Virginia.
External review under 14VAC5-215 will not be available after May 15, 2012.
Amendments and an added section to Chapter 216 are proposed because on June 22,
2011, the federal government issued amendments to its "Rules Relating to
Internal Claims and Appeals and External Review Process," (amending 26 CFR
Part 54, 29 CFR Part 2590, and 45 CFR Part 147), addressing exhaustion and
notice issues. The amendments and added section to Chapter 216 conform to these
federal requirements. These amendments are required to be effective by January
1, 2012.
AT RICHMOND, SEPTEMBER 27, 2011
COMMONWEALTH OF VIRGINIA
At the relation of the
STATE CORPORATION COMMISSION
CASE NO. INS-2011-00200
Ex Parte: In the matter of Repealing the
Rules Governing Independent External Review
of Final Adverse Utilization Review Decisions
and Amending the Rules Governing
Internal Appeal and External Review
ORDER TO TAKE NOTICE
Section 12.1-13 of the Code of Virginia provides that the
State Corporation Commission ("Commission") shall have the power to
promulgate rules and regulations in the enforcement and administration of all
laws within its jurisdiction, and § 38.2-223 of the Code of Virginia provides
that the Commission may issue any rules and regulations necessary or
appropriate for the administration and enforcement of Title 38.2 of the Code of
Virginia.
The rules and regulations issued by the Commission pursuant
to § 38.2-223 of the Code of Virginia are set forth in Title 14 of the Virginia
Administrative Code.
The Bureau of Insurance ("Bureau") has submitted to
the Commission a proposal to repeal the Rules Governing Independent External Review
of Final Adverse Utilization Review Decisions at Chapter 215 of Title 14 of the
Virginia Administrative Code (14 VAC 5-215-10 through 14 VAC
5-215-130 and Forms), to be effective on May 16, 2012, and amend certain
sections in Chapter 216 of Title 14 of the Virginia Administrative Code
entitled "Rules Governing Internal Appeal and External Review,"
specifically set forth at 14 VAC 5-216-20, 14 VAC 5-216-40 and 14 VAC
5-216-70, as well as add a new section at 14 VAC 5-216-45.
The repeal of Chapter 215 is necessary because pertinent
provisions of the Code of Virginia § 38.2-5900 and §§ 38.2-5901 through
38.2-5905 were repealed by the General Assembly in 2011, and the external
review process was replaced with a new process found in Chapter 35.1 (§§ 38.2-3556
through 38.2-3571) of the Code. External review under Chapter 215 will
not be available after May 15, 2012. Amendments and an added section to Chapter
216 are necessary because the federal government has issued amendments to its
regulations relating to internal appeal and external review, addressing
exhaustion and notice issues. The amendments and added section to Chapter
216 conform to the federal requirements. These amendments are required to
be effective by January 1, 2012.
The Commission is of the opinion that Chapter 215 of Title 14
of the Virginia Administrative Code should be repealed effective May 16, 2012;
that 14 VAC 5-216-20, 14 VAC 5-216-40 and 14 VAC 5-216-70 should be
amended, and that 14 VAC 5-216-45 should be added and considered for adoption
to be effective January 1, 2012.
THEREFORE, IT IS ORDERED THAT:
(1) The proposal that Chapter 215 of Title 14 of the
Virginia Administrative Code be repealed, that 14 VAC 5-216-20, 14 VAC
5-216-40 and 14 VAC 5-216-70 be amended, and 14 VAC 5-216-45 be
added, is attached hereto and made a part hereof.
(2) All interested persons who desire to comment in
support of or in opposition to, or request a hearing to oppose repealing
Chapter 215, amending sections 20, 40 and 70 and adding section 45 in Chapter
216 of Title 14 of the Virginia Administrative Code, shall file such comments
or hearing request on or before November 21, 2011, with the Clerk of the
Commission, Document Control Center, P.O. Box 2118, Richmond, Virginia
23218 and shall refer to Case No. INS-2011-00200. Interested persons desiring
to submit comments electronically may do so by following the instructions at
the Commission's website: http://www.scc.virginia.gov/caseinfo.htm.
(3) If there is no written request for a hearing on the
proposal to repeal Chapter 215 or to amend Chapter 216 on or before November
21, 2011, the Commission, upon consideration of any comments submitted in
support of or in opposition to the proposal, may repeal Chapter 215 and amend
Chapter 216 of Title 14 of the Virginia Administrative Code as proposed
by the Bureau of Insurance.
(4) AN ATTESTED COPY hereof, together with a copy of the
proposal to repeal and amend rules, shall be sent by the Clerk of the
Commission to the Bureau of Insurance in care of Deputy Commissioner Althelia
P. Battle, who forthwith shall give further notice of the proposal to repeal
and amend rules by mailing a copy of this Order, together with the proposal, to
all companies, HMOs and health service plans licensed by the Commission to
write accident and sickness insurance in the Commonwealth of Virginia, as well
as all interested parties.
(5) The Commission's Division of Information Resources
forthwith shall cause a copy of this Order, together with the proposal to
repeal and amend rules, to be forwarded to the Virginia Registrar of
Regulations for appropriate publication in the Virginia Register of
Regulations.
(6) The Commission's Division of Information Resources
shall make available this Order and the attached proposal to repeal and amend
the rules on the Commission's website, http://www.scc.virginia.gov/case.
(7) The Bureau of Insurance shall file with the Clerk of
the Commission an affidavit of compliance with the notice requirements of
paragraph (4) above.
14VAC5-216-20. Definitions.
The following words and terms when used in this chapter shall
have the following meanings unless the context clearly indicates otherwise:
"Adverse benefit determination" in the context of
the internal appeals process means (i) a determination by a health carrier or
its designee utilization review entity that, based on the information provided,
a request for, a benefit under the health carrier's health benefit plan upon
application of any utilization review technique does not meet the health
carrier's requirements for medical necessity, appropriateness, health care
setting, level of care, or effectiveness or is determined to be experimental or
investigational and the requested benefit is therefore denied, reduced, or
terminated or payment is not provided or made, in whole or in part, for the
requested benefit; (ii) the denial, reduction, or termination of, or failure to
provide or make payment in whole or in part for, a benefit based on a
determination by a health carrier or its designee utilization review entity of a
covered person's eligibility to participate in the health carrier's health
benefit plan; (iii) any review determination that denies, reduces, or
terminates or fails to provide or make payment, in whole or in part, for a
benefit; (iv) a rescission of coverage determination as defined in § 38.2-3438
of the Code of Virginia; or (v) any decision to deny individual coverage in an
initial eligibility determination.
"Adverse determination" in the context of external
review means a determination by a health carrier or its designee utilization
review entity that an admission, availability of care, continued stay, or other
health care service that is a covered benefit has been reviewed and, based upon
the information provided, does not meet the health carrier's requirements for
medical necessity, appropriateness, health care setting, level of care, or
effectiveness or is determined to be experimental or investigational and the
requested service or payment for the service is therefore denied, reduced, or
terminated.
"Authorized representative" means (i) a person to
whom a covered person has given express written consent to represent the
covered person; (ii) a person authorized by law to provide substituted consent
for a covered person; (iii) a family member of a covered person or the covered
person's treating health care professional when the covered person is unable to
provide consent; (iv) a health care professional when the covered person's
health benefit plan requires that a request for a benefit under the plan be initiated
by the health care professional; or (v) in the case of an urgent care internal
appeal, a health care professional with knowledge of the covered person's
medical condition.
"Clinical peer reviewer" means a practicing health
care professional who holds a nonrestricted license in a state, district, or
territory of the United States and in the same or similar specialty as
typically manages the medical condition, procedure, or treatment under appeal.
"Commission" means the State Corporation Commission.
"Concurrent review" means utilization review
conducted during a patient's stay or course of treatment in a facility, the
office of a health care professional, or other inpatient or outpatient health
care setting.
"Covered person" means a policyholder, subscriber,
enrollee, or other individual participating in a health benefit plan. For
purposes of this chapter with respect to the administration of appeals,
references to a covered person include a covered person's authorized
representative, if any.
"Emergency services" means those health care
services that are rendered after the sudden onset of a medical condition that
manifests itself by symptoms of sufficient severity, including severe pain,
that the absence of immediate medical attention could reasonably be expected by
a prudent layperson who possesses an average knowledge of health and medicine
to result in (i) serious jeopardy to the mental or physical health of the
individual, (ii) danger of serious impairment of the individual's bodily
functions, (iii) serious dysfunction of any of the individual's bodily organs,
or (iv) in the case of a pregnant woman, serious jeopardy to the health of the
fetus.
"Final adverse determination" means an adverse
determination involving a covered benefit that has been upheld by a health
carrier, or its designee utilization review entity, at the completion of the
health carrier's internal appeal process.
"Group health plan" means an employee welfare
benefit plan (as defined in the Employee Retirement Income Security Act of 1974
(29 USC § 1002(1)), to the extent that the plan provides medical care and
including items and services paid for as medical care to employees or their
dependents (as defined under the terms of the plan) directly or through
insurance, reimbursement, or otherwise.
"Health benefit plan" means a policy, contract,
certificate, or agreement offered or issued by a health carrier to provide,
deliver, arrange for, pay for, or reimburse any of the costs of health care
services. "Health benefit plan" does not include accident only,
credit, or disability insurance; coverage of Medicare services or federal
employee health plans pursuant to contracts with the United States government;
Medicare supplement or long-term care insurance; Medicaid coverage; dental only
or vision only insurance; specified disease insurance; hospital indemnity
coverage; limited benefit health coverage; coverage issued as a supplement to
liability insurance; insurance arising out of a workers' compensation or
similar law; automobile medical payment insurance; medical expense and loss of
income benefits; or insurance under which benefits are payable with or without
regard to fault and that is statutorily required to be contained in any
liability insurance policy or equivalent self-insurance.
"Health care professional" means a physician or
other health care practitioner licensed, accredited, or certified to perform
specified health care services consistent with the laws of the Commonwealth.
"Health carrier" means an entity, subject to the
insurance laws and regulations of the Commonwealth or subject to the
jurisdiction of the commission, that contracts or offers to contract to
provide, deliver, arrange for, pay for, or reimburse any of the costs of health
care services, including an accident and sickness insurance company, a health
maintenance organization, a nonprofit hospital and health service corporation,
or a nonstock corporation offering or administering a health services plan, a
hospital services plan, or a medical or surgical services plan, or any other
entity providing a plan of health insurance, health benefits, or health care
services except as excluded under § 38.2-3557 of the Code of Virginia.
"Independent review organization" means an entity
that conducts independent external reviews of adverse determinations and final
adverse determinations, as well as alleged violations of 14VAC5-216-30
through 14VAC5-216-70 pertaining to internal appeal.
"PPACA" means the Patient Protection and Affordable
Care Act (P.L. 111-148), as amended by the Health Care and Education
Reconciliation Act of 2010 (P.L. 111-152).
"Pre-service claim" means a claim for a benefit
under a health benefit plan that requires approval of the benefit in whole or
in part, in advance of obtaining the service or treatment.
"Post-service claim" means a claim for a benefit
under a health benefit plan that is not a pre-service claim, or the service or
treatment has been provided to the covered person.
"Self-insured plan" means an "employee welfare
benefit plan" that has the meaning set forth in the Employee Retirement
Income Security Act of 1974, 29 USC § 1002(1).
"Urgent care appeal" means an appeal for medical
care or treatment with respect to which the application of the time periods for
making non-urgent care determinations (i) could seriously jeopardize the life
or health of the covered person or the ability of the covered person to regain
maximum function; or (ii) in the opinion of the treating health care
professional with knowledge of the covered person's medical condition, would
subject the covered person to severe pain that cannot be adequately managed
without the care or treatment that is the subject of the appeal. An urgent care
appeal shall not be available for any post-service claim or retrospective
adverse benefit determination.
"Utilization review" means a set of formal
techniques designed to monitor the use of or evaluate the clinical necessity,
appropriateness, efficacy, or efficiency of health care services, procedures or
settings. Techniques may include ambulatory review, prospective review, second
opinion, certification, concurrent review, case management, discharge planning,
or retrospective review.
14VAC5-216-40. Minimum appeal requirements.
A. Each covered person shall be entitled to a full and fair
review of an adverse benefit determination. Within 180 days after the date of
receipt of a notice of an adverse benefit determination, a covered person may
file an appeal with the health carrier. A health carrier may designate a
utilization review entity to coordinate the review. For purposes of this
chapter, "health carrier" may also mean its designated utilization
review entity.
B. The health carrier shall conduct the appeal in a manner to
ensure the independence and impartiality of the individuals involved in reviewing
the appeal. In ensuring the independence and impartiality of such individuals,
the health carrier shall not make decisions regarding hiring, compensation,
termination, promotion, or other similar matters based upon the likelihood that
an individual will support the denial of benefits.
C. 1. In deciding an appeal of any adverse benefit
determination that is based in whole or in part on a medical judgment,
including determinations with regard to whether a particular treatment, drug,
or other service is experimental, investigational, or not medically necessary
or appropriate, the health carrier shall designate a clinical peer reviewer to
review the appeal. The clinical peer reviewer shall not have been involved in
any previous adverse benefit determination with respect to the claim.
2. A reviewer of any other type of adverse benefit
determination shall be an appropriate person designated by the health carrier.
The reviewer of the appeal shall not be the individual who made any previous
adverse benefit determination of the subject appeal nor the subordinate of such
individual and shall not defer to any prior adverse benefit determination.
D. A full and fair review shall also provide for:
1. The covered person to have an opportunity to submit written
comments, documents, records, and other information relating to the appeal for
the reviewer or reviewers to consider when reviewing the appeal;.
2. Upon request to the health carrier, the covered person to
have reasonable access to and free of charge copies of all documents, records,
and other information relevant to the covered person's request for benefits (note
that any request for diagnosis and treatment codes, in itself, should not be
considered to be a request for an internal appeal);. This information
shall be provided to the covered person as soon as practicable.
3. An appeal process that takes into account all comments,
documents, records, and other information submitted by the covered person
relating to the appeal, without regard to whether such information was
submitted or considered in the initial benefit determination.
4. The identification of medical or vocational experts whose
advice was obtained on behalf of the health benefit plan in connection with a
covered person's adverse benefit determination, without regard to whether the
advice was relied upon in making the benefit determination.
5. An urgent care appeal process.
6. Prior to issuing a final adverse benefit determination, the
health carrier to provide free of charge to the covered person any new or
additional evidence relied upon or generated by the health carrier or at the
direction of the health carrier, in connection with the internal appeal
sufficiently in advance of the date the determination is required to be
provided to permit the covered person a reasonable opportunity to respond prior
to that date.
E. A health carrier shall notify the covered person of the
final benefit determination within a reasonable period of time appropriate to
the medical circumstances, but not later than the timeframes established in
subdivisions 1 and 2 of this subsection.
1. If an internal appeal involves a pre-service claim review
request, the health carrier shall notify the covered person of its decision
within 30 days after receipt of the appeal. A health carrier may provide a
second level of internal appeal for group health plans only, provided that a
maximum of 15 days is allowed for a benefit determination and notification from
each level of the appeal.
2. If an internal appeal involves a post-service claim review
request, the health carrier shall notify the covered person of its decision
within 60 days after receipt of the appeal. A health carrier may provide a
second level of internal appeal for group health plans only, provided that a
maximum of 30 days is allowed for a benefit determination and notification from
each level of the appeal.
14VAC5-216-45. Exhaustion.
A. In addition to the provisions of § 38.2-3560 of
the Code of Virginia, the internal appeal process may be deemed exhausted based
on a violation of any of the provisions of 14VAC5-216-30 through 14VAC5-216-70.
The internal appeal process shall not be deemed exhausted based on a de minimis
violation that does not cause, and is not likely to cause, prejudice or harm to
the covered person so long as the health carrier demonstrates that the
violation was for good cause or due to matters beyond the control of the health
carrier and that the violation occurred in the context of an ongoing, good
faith exchange of information between the health carrier and the covered
person. If the violation is part of a pattern or practice of violations by the
health carrier, the violation shall not be considered de minimis.
B. The covered person may request a written explanation of
the violation from the health carrier, and the health carrier shall provide the
written explanation within 10 days, including a specific description of its
basis, if any, for asserting that the violation should not cause the internal
appeal process to be deemed exhausted, along with a notification of the right
to review this matter by an independent review organization. A review by an
independent review organization may be requested by the covered person to the
commission to determine if the health carrier has met the standard under this section.
The covered person must include, as part of the request for review, the written
explanation of the violation by the health carrier. The independent review
organization shall have a maximum of 10 days to conduct this review and provide
a written response to the covered person, the health carrier, and the
commission. If rejected, within five days the health carrier shall provide the
covered person with a notice of the opportunity to resubmit and pursue an
internal appeal of the claim.
C. The health carrier shall pay the independent review
organization costs incurred for this review.
14VAC5-216-70. Notification requirements.
A. A health carrier shall provide a covered person with
written or electronic notification of its benefit determination on appeal. The
notification of an adverse benefit determination shall be written in easily
understandable language and shall set forth the following:
1. Information sufficient to identify the claim involved with
respect to the appeal, including the date of service, the health care provider,
and the claim amount, and a statement describing the availability,
upon request, of the diagnosis code and its corresponding meaning, and the
treatment code and its corresponding meaning. The health carrier may not
consider a request for diagnosis or treatment information, in itself, to be a
request for internal appeal;
2. The specific reason or reasons for the adverse benefit
determination;
3. Reference to the specific plan provisions on which the
adverse benefit determination is made;
4. A statement that the covered person is entitled to receive,
upon request and free of charge, reasonable access to and copies of all
documents, records, and other information relevant to the covered person's
claim for benefits;
5. A statement indicating whether any additional internal
appeals are available or whether the covered person has received a final
adverse determination. If internal appeals are available, contact information
on where to submit the appeal;
6. A statement describing the external review procedures
offered by the health carrier and the covered person's right to obtain
information about such procedures and the covered person's right to bring a
civil action under § 502(a) of ERISA (29 USC § 1001 et seq.), if applicable;
and
7. A statement indicating that the covered person has the
right to request an external review if the covered person has not received a
final benefit determination within the timeframes provided in 14VAC5-216-40 E,
unless the covered person requests or agrees to a delay.
B. In the case of a group health plan, the required
notification shall also set forth the following:
1. If an internal rule, guideline, protocol, or other similar
criterion (collectively "rule") was relied upon in making the adverse
benefit determination, either the specific rule or a statement that such rule
was relied upon in making the adverse benefit determination and that a copy of
the rule will be provided free of charge to the covered person upon request;
2. If the adverse benefit determination is based on a medical
necessity or experimental treatment or similar exclusion or limit, either an
explanation of the scientific or clinical judgment for the determination,
applying the terms of the plan to the covered person's medical circumstances,
or a statement that such explanation will be provided free of charge upon
request; and
3. Include a statement indicating that the covered person may
have other voluntary alternative dispute resolution options, such as mediation.
The covered person should be referred to the appropriate federal or state
agency, his plan administrator, or the health carrier, as appropriate.
C. All notices shall be provided in a culturally and
linguistically appropriate manner. The health carrier shall:
1. Provide oral language services, such as a telephone
customer hotline, that include answering questions and providing assistance
with filing claims, benefit requests, internal appeals, and external review in
any applicable non-English language;
2. Provide, upon request, any notice in any applicable
non-English language; and
3. Include in the English versions of all notices, a
statement prominently displayed in any applicable non-English language clearly
indicating how to access the language services provided by the health carrier.
With respect to any address in this Commonwealth to which
a notice is sent, a non-English language is an applicable non-English language
if 10% or more of the population residing in the city or county is literate
only in the same non-English language, as determined by the American Community
Survey data published by the United States Census Bureau.
C. D. Electronic notification shall be in
accordance with the provisions of the Uniform Electronic Transactions Act (§ 59.1-479
et seq. of the Code of Virginia).
VA.R. Doc. No. R12-2990; Filed September 27, 2011, 1:39 p.m.
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TITLE 18. PROFESSIONAL AND OCCUPATIONAL
LICENSING
REAL ESTATE APPRAISER BOARD
Final Regulation
REGISTRAR'S NOTICE:
The following regulatory action is exempt from the Administrative Process Act
in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which
excludes regulations that are necessary to meet the requirements of federal law
or regulations, provided such regulations do not differ materially from those required
by federal law or regulation. The Real Estate Appraiser Board will receive,
consider, and respond to petitions by any interested person at any time with
respect to reconsideration or revision.
Title of Regulation: 18VAC130-20. Real Estate
Appraiser Board Rules and Regulations (amending 18VAC130-20-90, 18VAC130-20-130).
Statutory Authority: § 54.1-2013 of the Code of
Virginia.
Effective Date: January 1, 2012.
Agency Contact: Christine Martine, Executive Director,
Real Estate Appraiser Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233,
telephone (804) 367-8552, FAX (804) 527-4298, or email
reappraisers@dpor.virginia.gov.
Summary:
The amendments increase the application, renewal, and
reinstatement fees for certified and licensed real estate appraiser applicants
and licensees by $30 due to an increase in the biennial National Registry fee
assessment.
18VAC130-20-90. Application and registration fees.
There will be no pro rata refund of these fees to licensees
who resign or upgrade to a higher license or to licensees whose licenses are
revoked or surrendered for other causes. All application fees for licenses and
registrations are nonrefundable.
1. Application fees for registrations, certificates and
licenses are as follows:
|
Registration of business entity
|
$100
|
|
Certified General Real Estate Appraiser
|
$141
|
|
Temporary Certified General Real Estate Appraiser
|
$45
|
|
Certified Residential Real Estate Appraiser
|
$141
|
|
Temporary Certified Residential Real Estate Appraiser
|
$45
|
|
Licensed Residential Real Estate Appraiser
|
$141
|
|
Temporary Licensed Residential Real Estate Appraiser
|
$45
|
|
Appraiser Trainee
|
$96
|
|
Upgrade of license
|
$65
|
|
Instructor Certification
|
$135
|
Application fees for a certified general real estate
appraiser, a certified residential real estate appraiser, a licensed
residential real estate appraiser and an appraiser trainee include a $21 fee
for a copy of the Uniform Standards of Professional Appraisal Practice. This
fee is subject to the fee charged by the Appraisal Foundation and may be
adjusted and charged to the applicant in accordance with the fee charged by the
Appraisal Foundation.
2. Examination fees. The fee for examination or reexamination
is subject to contracted charges to the department by an outside vendor. These
contracts are competitively negotiated and bargained for in compliance with the
Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia).
Fees may be adjusted and charged to the candidate in accordance with this
contract.
3. A $50 An $80 National Registry Fee
Assessment fee assessment for all permanent license applicants is to
be assessed of each applicant in accordance with § 1109 of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989 (12 USC §§
3331-3351). This fee may be adjusted and charged to the applicant in accordance
with the Act. If the applicant fails to qualify for licensure, then this
assessment fee will be refunded.
18VAC130-20-130. Fees for renewal and reinstatement.
A. All fees are nonrefundable.
B. National registry Registry fee assessment.
In accordance with the requirements of § 1109 of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989, $50 $80 of the biennial
renewal or reinstatement fee assessed for all certified general real estate
appraisers, certified residential and licensed residential real estate
appraisers shall be submitted to the Appraisal Subcommittee. The registry fee
may be adjusted in accordance with the Act and charged to the licensee.
Renewal and reinstatement fees for a certified general real
estate appraiser, a certified residential real estate appraiser, a licensed
residential real estate appraiser and an appraiser trainee include a $21 fee
for a copy of the Uniform Standards of Professional Appraisal Practice. This
fee is subject to the fee charged by the Appraisal Foundation and may be
adjusted and charged to the applicant in accordance with the fee charged by the
Appraisal Foundation.
C. Renewal fees are as follows:
|
Certified general real estate appraiser
|
$111 $141
|
|
Certified residential real estate appraiser
|
$111 $141
|
|
Licensed residential real estate appraiser
|
$111 $141
|
|
Appraiser trainee
|
$61
|
|
Registered business entity
|
$60
|
|
Certified instructor
|
$125
|
D. Reinstatement fees are as
follows:
|
Certified general real estate appraiser
|
$171 $201
|
|
Certified residential real estate appraiser
|
$171 $201
|
|
Licensed residential real estate appraiser
|
$171 $201
|
|
Appraiser trainee
|
$121
|
|
Registered business entity
|
$100
|
|
Certified instructor
|
$230
|
NOTICE: The
following forms used in administering the regulation were filed by the agency.
The forms are not being published; however, online users of this issue of the
Virginia Register of Regulations may click on the name to access a form. The
forms are also available from the agency contact or may be viewed at the Office
of the Registrar of Regulations, General Assembly Building, 2nd Floor,
Richmond, Virginia 23219.
FORMS (18VAC130-20)
Real Estate Appraiser Board License Application, 40LIC
(rev. 5/09).
Real Estate Appraiser Board Experience Log, 40EXP (rev.
7/09).
Real
Estate Appraiser Board License Application, 40LIC (rev. 1/12).
Real
Estate Appraiser Board Experience Log, 40EXP (rev. 7/10).
Real Estate Appraiser Board
Experience Verification Form, 40EXPVER (rev. 4/09).
Real Estate Appraiser Board Experience Requirements,
40EXPREQ (rev. 4/09).
Real Estate Appraiser Board Trainee License Application,
40TRLIC (rev. 5/09).
Real
Estate Appraiser Board Experience Requirements, 40EXPREQ (rev. 4/10).
Real
Estate Appraiser Board Appraiser Trainee License Application, 40TRLIC (rev.
6/10).
Real Estate Appraiser Board
Trainee Supervisor Verification Form, 40TRSUP (rev. 4/09).
Real Estate Appraiser Business Registration Application, 40BUS
(rev. 4/09).
Real
Estate Appraiser Business Registration Application, 40BUS (rev. 12/09).
Real Estate Appraiser Board
Pre-License Course Application, 40CRS (rev. 4/09).
Real Estate Appraiser Board
Instructor Certificate Application, 40INSTR (rev. 5/09).
Real Estate Appraiser Board
Pre-License Renewal Course Application, 40RENCRS (rev. 2/09).
Real Estate Appraiser Board
Activate Application, 40ACT (rev. 4/09).
Real Estate Appraiser Board Temporary License Application,
40TLIC (rev. 4/09).
Real
Estate Appraiser Board Temporary Appraiser License Application, 40TLIC (rev.
6/10).
VA.R. Doc. No. R12-2959; Filed October 5, 2011, 9:51 a.m.
w –––––––––––––––––– w
TITLE 24. TRANSPORTATION AND MOTOR
VEHICLES
COMMONWEALTH TRANSPORTATION BOARD
Final Regulation
REGISTRAR'S NOTICE:
The Commonwealth Transportation Board is claiming an exemption from 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 from any interested person at any time with respect to
reconsideration or revision.
Titles of Regulations: 24VAC30-11. Public Participation
Guidelines (amending 24VAC30-11-10, 24VAC30-11-20).
24VAC30-21. General Rules and Regulations of the
Commonwealth Transportation Board (amending 24VAC30-21-10).
24VAC30-41. Rules and Regulations Governing Relocation Assistance (amending 24VAC30-41-90).
24VAC30-61. Rules and Regulations Governing the
Transportation of Hazardous Materials Through Bridge-Tunnel Facilities (amending 24VAC30-61-30).
24VAC30-72. Access Management Regulations: Principal Arterials (amending 24VAC30-72-10).
24VAC30-73. Access Management Regulations: Minor Arterials,
Collectors, and Local Streets (amending 24VAC30-73-10).
24VAC30-120. Rules and Regulations Controlling Outdoor
Advertising and Directional and other Signs and Notices (amending 24VAC30-120-140).
24VAC30-151. Land Use Permit Regulations (amending 24VAC30-151-10, 24VAC30-151-30,
24VAC30-151-40, 24VAC30-151-100, 24VAC30-151-110, 24VAC30-151-220,
24VAC30-151-230, 24VAC30-151-280, 24VAC30-151-310, 24VAC30-151-340,
24VAC30-151-350, 24VAC30-151-550, 24VAC30-151-600, 24VAC30-151-660, 24VAC30-151-700,
24VAC30-151-730).
24VAC30-155. Traffic Impact Analysis Regulations (amending 24VAC30-155-10).
24VAC30-200. Vegetation Control Regulations on State
Rights-Of-Way (amending 24VAC30-200-10, 24VAC30-200-20, 24VAC30-200-30,
24VAC30-200-35).
24VAC30-271. Economic Development Access Fund Policy (amending 24VAC30-271-20).
24VAC30-325. Urban Maintenance and Construction Policy (amending 24VAC30-325-10).
24VAC30-340. Debarment or Suspension of Contractors (amending 24VAC30-340-10).
24VAC30-380. Public Hearings for Location and Design of
Highway Construction Projects (amending 24VAC30-380-10).
24VAC30-520. Classifying and Marking State Highways (amending 24VAC30-520-10).
24VAC30-540. Conveyance of Land and Disposal of Improvements (amending 24VAC30-540-30, 24VAC30-540-40).
24VAC30-551. Integrated Directional Signing Program (IDSP)
Participation Criteria (amending 24VAC30-551-40).
24VAC30-561. Adoption of the Federal Manual on Uniform
Traffic Control Devices (amending 24VAC30-561-10).
24VAC30-610. List of Differentiated Speed Limits (amending 24VAC30-610-10).
24VAC30-620. Rules, Regulations, and Rates Concerning Toll
and Bridge Facilities (amending 24VAC30-620-20, 24VAC30-620-30).
Statutory Authority: § 33.1-12 of the Code of
Virginia.
Effective Date: November 23, 2011.
Agency Contact: David Roberts, Program Manager,
Department of Transportation, 1401 E. Broad Street, Richmond, VA 23219,
telephone (804) 786-3620, FAX (804) 225-4700, or email
david.roberts@vdot.virginia.gov.
Summary:
Chapters 36 and 152 of the 2011 Acts of Assembly amended
the Code of Virginia by replacing the formal title used for VDOT's chief
executive officer from Commonwealth Transportation Commissioner to the new
title of Commissioner of Highways. Reference to the commissioner's title is
amended in these regulations.
Part I
Purpose and Definitions
24VAC30-11-10. Purpose.
The purpose of this chapter is to promote public involvement
in the development, amendment or repeal of the regulations of the Commonwealth
Transportation Board, the Commonwealth Transportation Commissioner of
Highways, or the Virginia Department of Transportation. This chapter does
not apply to regulations, guidelines, or other documents exempted or excluded
from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.
of the Code of Virginia).
24VAC30-11-20. Definitions.
The following words and terms when used in this chapter shall
have the following meanings unless the context clearly indicates otherwise:
"Administrative Process Act" means Chapter 40 (§
2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
"Agency" means the entity of state government
empowered by the agency's basic law to make regulations or decide cases. This
term includes the Commonwealth Transportation Board, the Commonwealth
Transportation Commissioner of Highways, or the Virginia Department
of Transportation. Actions specified in this chapter may be fulfilled by state
employees as delegated by the agency.
"Basic law" means provisions in the Code of
Virginia that delineate the basic authority and responsibilities of an agency.
"Commonwealth Calendar" means the electronic
calendar for official government meetings open to the public as required by §
2.2-3707 C of the Freedom of Information Act.
''Negotiated rulemaking panel'' or ''NRP'' means an ad hoc
advisory panel of interested parties established by an agency to consider
issues that are controversial with the assistance of a facilitator or mediator,
for the purpose of reaching a consensus in the development of a proposed
regulatory action.
"Notification list" means a list used to notify
persons pursuant to this chapter. Such a list may include an electronic list
maintained through the Virginia Regulatory Town Hall or other list maintained
by the agency.
"Open meeting" means any scheduled gathering of a
unit of state government empowered by an agency's basic law to make regulations
or decide cases, which is related to promulgating, amending or repealing a
regulation.
"Person" means any individual, corporation,
partnership, association, cooperative, limited liability company, trust, joint
venture, government, political subdivision, or any other legal or commercial
entity and any successor, representative, agent, agency, or instrumentality
thereof.
"Public hearing" means a scheduled time at which
members or staff of the agency will meet for the purpose of receiving public comment
on a regulatory action.
"Regulation" means any statement of general
application having the force of law, affecting the rights or conduct of any
person, adopted by the agency in accordance with the authority conferred on it
by applicable laws.
"Regulatory action" means the promulgation,
amendment, or repeal of a regulation by the agency.
"Regulatory advisory panel" or "RAP"
means a standing or ad hoc advisory panel of interested parties established by
the agency for the purpose of assisting in regulatory actions.
"Town Hall" means the Virginia Regulatory Town
Hall, the website operated by the Virginia Department of Planning and Budget at
www.townhall.virginia.gov, which has online public comment forums and displays
information about regulatory meetings and regulatory actions under
consideration in Virginia and sends this information to registered public
users.
"Virginia Register" means the Virginia Register of
Regulations, the publication that provides official legal notice of new,
amended and repealed regulations of state agencies, which is published under
the provisions of Article 6 (§ 2.2-4031 et seq.) of the Administrative
Process Act.
24VAC30-21-10. Definitions.
The following words and terms when used in this chapter shall
have the following meanings unless the context clearly indicates otherwise:
"Board" means the Commonwealth Transportation
Board.
"Commissioner" means the Commonwealth
Transportation Commissioner of Highways, the individual who serves
as the chief executive officer of the Virginia Department of Transportation
(VDOT) or his designee.
"Commonwealth" means the Commonwealth of Virginia.
"Right of way" means that property within the
entire area of every way or place of whatever nature within the system of state
highways under the ownership, control, or jurisdiction of the board or VDOT
that is open or is to be opened within the future for the use of the public for
purposes of travel in the Commonwealth. The area set out above includes not
only the traveled portion but the entire area within and without the traveled
portion, from boundary line to boundary line, and also all parking and
recreation areas that are under the ownership, control, or jurisdiction of the
board or VDOT.
"System of state highways" means all highways and
roads under the ownership, control, or jurisdiction of the board including, but
not limited to, the primary, secondary, and interstate systems.
"VDOT" means the Virginia Department of
Transportation, the Commonwealth Transportation Commissioner of
Highways, or a designee.
24VAC30-41-90. Appeals.
A. It is anticipated that from time to time persons affected
by VDOT's relocation program will be dissatisfied with VDOT's determination as
to their eligibility or with the amount of payments or services offered. It is
the policy of VDOT to provide an opportunity to all persons to have their
dissatisfactions heard and considered on an administrative level, without the
expense, delay or inconvenience of court adjudication. VDOT's appeal procedure
is promulgated to all potentially interested persons through the right of way
brochure distributed at public hearings and provided to all displacees.
Persons making the appeal may be represented by legal counsel
or any other representative at their expense. However, professional representation
is not necessary for an appeal to be heard. The appellant will be permitted to
inspect and copy all materials relevant to the matter appealed, except
materials which are classified as confidential by VDOT or where disclosure is
prohibited by law.
The appeal process consists of two levels. An interim appeal
is heard in the district office. If the appellant is not satisfied on
completion of the interim appeal, a final appeal may be addressed to the Commonwealth
Transportation Commissioner of Highways.
B. Interim appeal. When displacees are dissatisfied with
VDOT's determination of eligibility, or the amount offered under the relocation
assistance and payments statutes, they may appeal in writing. The appeal must
be submitted to the district manager within 90 days after receipt of VDOT's
written determination. The district manager will schedule an informal hearing.
A decision will be made following the hearing. A written copy of the decision,
also stating the basis for the decision, will be provided to the appellant. A
copy of such decision, along with all pertinent information involving the case,
is to be submitted to the director of the right of way and utilities division.
The central office relocation manager, or a designated representative, will be
present at all interim appeals to provide technical program advice.
C. Final appeal. Upon notification of the district manager's
decision, if the displacee is still dissatisfied, an appeal in writing may be
submitted to the Commonwealth Transportation Commissioner of Highways
within 10 days. Upon receipt by the commissioner, the appeal will be referred
to a review board consisting of the director of the right of way and utilities
division or a designated representative as chairman, a district manager selected
by the chairman and not functioning in the area where the displacee resides,
and a district administrator or a designated representative. The district
administrator serving on this board will be the one functioning in the area
where the appellant resides. Legal counsel for VDOT may also be present. The
review board will schedule a hearing at a time and place reasonably convenient
to the appellant. At the hearing all parties will be afforded an opportunity to
express their respective positions and submit any supporting information or
documents. A Court Reporter will be present to record and provide a transcript
of all information presented at the hearing. Upon conclusion of the hearing,
the review board will furnish the commissioner a written report of its
findings. The commissioner or a designated representative will review the
report and render a decision, which shall be final. The appellant and his
attorney, if applicable, will be advised of the decision in writing, by
certified mail, and will be provided a summary of the basis for the board's
decision. If the full relief requested is not granted, the displacee shall be
advised of the right to seek judicial review, which must be filed with the
court within 30 days after receipt of the final appeal determination.
24VAC30-61-30. Restrictions on hazardous material
transportation across rural and distanced-from-water facilities.
The two rural and distanced-from-water tunnel facilities are:
the Big Walker Mountain Tunnel and the East River Mountain Tunnel. For these
two tunnels, and these two only, no restrictions apply on the transport of
hazardous materials, so long as transporters and shippers are in compliance
with 49 CFR 100 through 180, and any present and future state regulations
which may become in force to implement the federal regulations. In addition,
the Commonwealth Transportation Commissioner of Highways may, at
any time, impose emergency or temporary restrictions on the transport of
hazardous materials through these facilities, so long as sufficient advanced
signage is positioned to allow for a reasonable detour.
Questions on this section of the regulation should be
directed to the VDOT Emergency Operations Center, contact information for which
is available from the following website: http://www.virginiadot.org/info/hazmat.asp.
Copies of the regulation will be provided free of charge. For copies, please
write to:
Virginia Department of Transportation
ATTN: Emergency Operations Center
1221 East Broad Street
Richmond, Virginia 23219
24VAC30-72-10. 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.
"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
24VAC30-72-170 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 their property abuts
upon the limited access highway.
"Median" means the portion of a divided highway
that separates opposing traffic flows.
"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 arterial" means the functional
classification for a major highway 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.
"Stopping sight distance" means the distance
required by a driver of a vehicle, traveling at a given speed, to bring the
vehicle to a stop after an object on the highway becomes visible, including the
distance traveled during the driver's perception and reaction times and the
vehicle braking distance.
"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 highway.
"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; acceleration and deceleration lanes.
"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 of
Highways, or his designees.
24VAC30-73-10. Definitions.
"Access management" means the systematic control of
the location, spacing, design, and operation of entrances, median openings/crossovers,
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 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" means an opening in a nontraversable
median (such as a concrete barrier or raised island) that provides for crossing
movements and left and right turning movements.
"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 and to other streets.
"Highway," "street," or "road"
means a public way for purposes of vehicular travel, including the entire area
within the right-of-way.
"Intersection" means (i) a crossing of two or more
highways at grade, (ii) a crossover, or (iii) any at-grade connection with a
highway such as a commercial entrance.
"Intersection sight distance" means the sight
distance required at an intersection to allow the driver of a stopped vehicle a
sufficient view of the intersecting highway to decide when to enter, or cross,
the intersecting 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.
"Median opening" means a crossover or a directional
opening in a nontraversable median (such as a concrete barrier or raised
island) that physically restricts movements to specific turns such as left
turns and U-turns.
"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.
"Roadway" means the portion of a highway, including
shoulders, for vehicular use. A divided highway has two or more roadways.
"Roundabout" means a circular intersection with
yield control of all entering traffic, right-of-way assigned to traffic within
the circular roadway, and channelized approaches and a central island that
deflect entering traffic to the right.
"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.
"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 of Highways, or his designees.
24VAC30-120-140. Administration of regulations.
The Commonwealth Transportation Commissioner of
Highways, under § 33.1-352 of the Code of Virginia, has the duty to
administer and enforce provisions of Chapter 7 (§ 33.1-351 et seq.) of
Title 33.1 of the Code of Virginia. The board and the Commonwealth
Transportation Commissioner of Highways recognize that there are
other state agencies which have as their primary purpose the control and
administration of the type of specific unique phenomena or site, for which a
directional sign application may be made, that have valuable experience and
knowledge in the matters contained in the definition of "directional
signs." Therefore, the following state agencies are hereby recognized for
the purpose of making recommendations whether a site, area, agency, or
phenomena falls within the definition of "directional signs" set
forth in 24VAC30-120-80:
Department of Conservation and Recreation
Department of Historic Resources
The Library of Virginia
The recommendations must be based upon criteria presently
utilized or hereinafter adopted by one of these agencies.
After the recommendation is received the commissioner must
employ the following standards in addition to those which appear elsewhere to
ascertain whether a site, area, agency, or phenomena is eligible for
directional signs.
1. That publicly or privately owned activities or attractions
eligible for directional signing are limited to the following: natural
phenomena; scenic attractions; historic, educational, cultural, scientific, and
religious sites; and areas naturally suited for outdoor recreation.
2. Any of the above must be nationally or regionally known as
determined by the commissioner.
3. Any of the above must be of outstanding interest to the
traveling public as determined by the Commonwealth Transportation
Commissioner of Highways.
The area, site, agency, or phenomena seeking to qualify for
"directional signs" shall be the principal area, site, agency, or
phenomena which would appear on proposed sign and not ancillary to the message
which would appear on the sign.
Part I
Definitions
24VAC30-151-10. Definitions.
The following words and terms when used in this chapter shall
have the following meanings unless the context indicates otherwise:
"Backfill" means replacement of suitable material
compacted as specified around and over a pipe, conduit, casing, or gallery.
"Boring" means a method of installation that is
done underground and by which a carrier or casing is jacked through an oversize
bore. The bore is carved progressively ahead of the leading edge of the
advancing pipe as soil is forced back through the pipe. Directional drilling,
coring, jacking, etc., are also considered boring.
"Carrier" means a pipe directly enclosing a
transmitted liquid or gas.
"Casing" means a larger pipe enclosing a carrier.
"Central Office Permit Manager" means the VDOT
employee assigned to provide management, oversight, and technical support for
the state-wide land use permit program.
"Clear zone" means the total border area of a
roadway, including, if any, parking lanes or planting strips, that is
sufficiently wide for an errant vehicle to avoid a serious accident. Details on
the clear zone are in VDOT's Road Design Manual (see 24VAC30-151-760).
"Code of Federal Regulations" or "CFR"
means the regulations promulgated by the administrative and regulatory agencies
of the federal government.
"Commercial entrance" means any entrance serving
land uses other than two or fewer individual private residences, agricultural
operations to obtain access to fields, or civil and communication
infrastructure facilities that generate 10 or fewer trips per day such as cell
towers, pump stations, and stormwater management basins. (See "private
entrance.")
"Commissioner of Highways" means the individual
serving as the chief executive officer of the Virginia Department of
Transportation or a designee.
"Commonwealth" means the Commonwealth of Virginia.
"Commonwealth Transportation Commissioner" means
the individual serving as the chief executive officer of the Virginia
Department of Transportation or a designee.
"Conduit" means an enclosed tubular runway for
carrying wires, cable or fiber optics.
"Cover" means the depth of the top of a pipe,
conduit, or casing below the grade of the roadway, ditch, or natural ground.
"Crossing" means any utility facility that is
installed across the roadway, either perpendicular to the longitudinal axis of
the roadways or at a skew of no less than 60 degrees to the roadway centerline.
"District administrator" means the VDOT employee
assigned the overall supervision of the departmental operations in one of the
Commonwealth's nine construction districts.
"District administrator's designee" means the VDOT
employee assigned to supervise land use permit activities by the district
administrator.
"District roadside manager" means the VDOT employee
assigned to provide management, oversight and technical support for
district-wide vegetation program activities.
"Drain" means an appurtenance to discharge liquid
contaminants from casings.
"Encasement" means a structural element surrounding
a pipe.
"Erosion and sediment control" means the control of
soil erosion or the transport of sediments caused by the natural forces of wind
or water.
"Grounded" means connected to earth or to some
extended conducting body that serves instead of the earth, whether the
connection is intentional or accidental.
"Highway," "street," or "road"
means a public way for purposes of vehicular travel, including the entire area
within the right-of-way.
"Limited access highway" means a highway especially
designed for through traffic over which abutters have no easement or right of
light, air, or access by reason of the fact that their property abuts upon such
limited access highway.
"Longitudinal installations" means any utility
facility that is installed parallel to the centerline of the roadway or at a
skew of less than 60 degrees to the roadway centerline.
"Manhole" means an opening in an underground system
that workers or others may enter for the purpose of making installations,
inspections, repairs, connections and tests.
"Median" means the portion of a divided highway
that separates opposing traffic flows.
"Nonbetterment cost" means the cost to relocate an
existing facility as is with no improvements.
"Permit" means a document that sets the conditions
under which VDOT allows its right-of-way to be used or changed.
"Permittee" means the person or persons, firm,
corporation or government entity that has been issued a land use permit.
"Pipe" means a tubular product or hollow cylinder
made for conveying materials.
"Pole line" means poles or a series or line of
supporting structures such as towers, cross arms, guys, racks (conductors),
ground wires, insulators and other materials assembled and in place for the
purpose of transmitting or distributing electric power or communication,
signaling and control. It includes appurtenances such as transformers, fuses,
switches, grounds, regulators, instrument transformers, meters, equipment platforms
and other devices supported by poles.
"Power line" means a line for electric power or
communication services.
"Pressure" means relative internal pressure in
pounds per square inch gauge (psig).
"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.
"Relocate" means to move or reestablish existing
facilities.
"Right-of-way" means that property within the
system 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. The property includes the travel way and
associated boundary lines, parking and recreation areas and other permanent
easements for a specific purpose.
"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.
"Service connections" means any utility facility
installed overhead or underground between a distribution main, pipelines, or
other sources of supply and the premises of the individual customer.
"Site plan" means the engineered or surveyed
drawings depicting proposed development of land.
"Storm sewer" means the system containing and
conveying roadway drainage.
"Stormwater management" means the engineering
practices and principles used to intercept stormwater runoff, remove pollutants
and slowly release the runoff into natural channels to prevent downstream
flooding.
"Structure" means that portion of the
transportation facility that spans space, supports the roadway, or retains soil.
This definition includes, but is not limited to, bridges, tunnels, drainage
structures, retaining walls, sound walls, signs, traffic signals, etc.
"System of state highways" means all highways and
roads under the ownership, control, or jurisdiction of VDOT, including but not
limited to, the primary, secondary and interstate systems.
"Telecommunication service" means the offering of
telecommunications for a fee directly to the public or to privately, investor-
or cooperatively owned entities.
"Transportation project" means a public project in
development or under construction to provide a new transportation facility or
to improve or maintain the existing system of state highways.
"Traveled way" means the portion of the roadway for
the movement of vehicles, exclusive of shoulders and auxiliary lanes.
"Trenched" means installed in a narrow, open
excavation.
"Underground utility facilities" means any item of
public or private property placed below ground or submerged for use by the
utility.
"Utility" means a privately, publicly or
cooperatively owned line, facility, or system for producing, transmitting, or
distributing telecommunications, cable television, electricity, gas, oil,
petroleum products, water, steam, storm water not connected with highway
drainage, or any other similar commodity, including any fire or police signal
system.
"VDOT" means the Virginia Department of
Transportation or the Commonwealth Transportation Commissioner of
Highways.
"Vent" means an appurtenance to discharge gaseous
contaminants from a casing or carrier pipe.
"Wetlands" means those areas that are inundated or
saturated by surface or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs and similar areas.
24VAC30-151-30. Permits and agreements.
A. The following shall apply to all authorized use or
occupancy of the right-of-way:
1. A permit is required for any type of utility activity
occurring within the right-of-way.
2. A permit is required to install any entrance onto a state
highway.
3. A permit is required to perform surveying operations within
the right-of-way.
4. A permit is required for any agricultural and commercial
use and occupancy of the right-of-way.
5. A permit is required for any miscellaneous activity or use
of the right-of-way except for mailboxes and newspaper boxes (see
24VAC30-151-560) and public service signs (see 24VAC30-151-570).
B. Single use permits. A single use permit allows the
permittee to perform any approved activities not covered by a districtwide
permit held by the permittee within limited access and nonlimited access
rights-of-way at a specific location.
The district administrator's designee shall be responsible
for the issuance of all single use permits, except that those requests for tree
trimming and tree removal may be issued by the district roadside manager in
consultation with the district administrator's designee. The size of the
specific location covered by a single use permit shall be at the discretion of
the district administrator's designee and may cover work up to two miles along
the right-of-way (see 24VAC30-151-40). The land use permit issued for the original
installation allows the permittee to repair or perform routine maintenance
operations to existing facilities. A single use permit shall be required when
the following actions are proposed, even if the activities being conducted are
normally allowed under a districtwide permit:
1. Stopping or impeding highway travel in excess of 15 minutes
or implementing traffic control that varies from the standard, or any
combination of these, as outlined in the Virginia Work Area Protection Manual
(see 24VAC30-151-760).
2. Performing work within limited access right-of-way.
3. Trimming or cutting any trees located within the
right-of-way.
4. Applying any pesticide or landscaping within the
right-of-way.
5. Construction of a permanent entrance to a state highway.
C. Districtwide permits. A districtwide permit allows the
permittee to perform multiple occurrences of certain activities on nonlimited
access right-of-way without obtaining a single use permit for each occurrence.
The central office permit manager shall be responsible for the issuance of all
districtwide permits. VDOT may authorize districtwide permits covering multiple
districts (see 24VAC30-151-710).
The following is a list of acceptable activities under the
jurisdiction of districtwide permits:
1. Utilities.
a. Districtwide permits may be issued granting cities, towns,
counties, public agencies, or utility companies the authority to install and
maintain service connections to their existing main line facilities. Work under
a districtwide permit will allow the permittee to install a service connection
across a nonlimited access primary or secondary highway above or below ground,
provided the installation can be made from the side of the roadway without
impeding travel for more than 15 minutes to pull or drop a service line across
a highway, and provided no part of the roadway pavement, shoulders and ditch
lines will be disturbed. The installation of parallel utility service
connections, not to exceed 500 feet in length, shall be placed along the outer
edge of the right-of-way with a minimum of 36 inches of cover.
Telecommunications and cable television service connections may be placed with
a minimum of 18 inches of cover; however the permittee assumes full
responsibility for any and all damages caused by VDOT or VDOT contractors
resulting from a service connection buried with less than 30 inches of cover
within the right-of-way.
A districtwide permit allows for the overlashing of
telecommunication lines onto existing lines or strand.
b. A separate single use permit will be required when the
following activities associated with the installation and maintenance of
utility service connections are proposed:
(1) Cutting highway pavement or shoulders, or both, to locate
underground utilities.
(2) Working within the highway travel lane on a nonemergency
basis.
(3) Constructing a permanent entrance.
(4) Installing electrical lines that exceed 34.5 KV.
(5) Installing telecommunication services that exceed 100 pair
copper cable or the fiber optic cable diameter equivalent.
(6) Installing new pole, anchors, parallel lines, or casing
pipe extensions to existing utilities where such installation necessitates
disturbance to the pavement, shoulder, or ditch line.
(7) Installing underground telephone, power, cable television,
water, sewer, gas, or other service connections or laterals where the roadway
or ditch lines are to be disturbed.
c. The installation of parallel utility service connections,
not to exceed 500 feet in length, shall be placed along the outer edge of the
right-of-way with a minimum of 36 inches of cover. Telecommunications and cable
television service connections may be placed with a minimum of 18 inches of
cover; however the permittee assumes full responsibility for any and all
damages caused by VDOT or VDOT contractors resulting from a service connection
buried with less than 30 inches of cover within the right-of-way.
d. A districtwide permit allowing the installation and
maintenance of utility service connections may be revoked for a minimum of 30
calendar days upon written finding that the permittee violated the terms of the
permit or any of the requirements of this chapter, including but not limited to
any, all, or a combination of the following:
(1) The permittee shall implement all necessary traffic control
in accordance with the Virginia Work Area Protection Manual (see
24VAC30-151-760). When warranted, the appropriate Regional Traffic Engineer
should be consulted to select or tailor the proper traffic control devices.
Each flag-person must be certified by VDOT and carry a certification card when
flagging traffic and have it readily available for inspection when requested by
authorized personnel.
(2) The permittee shall not perform any activity under the
jurisdiction of a districtwide permit that requires the issuance of a single
use permit.
e. The permittee must obtain single use permits from the
district administrator's designee to continue the installation and maintenance
of utility service connections during this revocation period.
2. Temporary logging entrances.
a. Districtwide permits may be issued for the installation,
maintenance, and removal of temporary entrances onto nonlimited access primary
and secondary highways for the purpose of harvesting timber.
b. A separate single use permit is required when the following
activities associated with timber harvesting operations are proposed:
(1) Installing a permanent entrance.
(2) Making permanent upgrades to an existing entrance.
Improvements to existing entrances that are not permanent upgrades will not
require a separate single use permit.
(3) Cutting pavement.
(4) Grading within the right-of-way beyond the immediate area
of the temporary entrance.
c. A logging entrance permit may be revoked for a minimum of
30 calendar days upon written finding that the permittee violated the terms of
the permit or any of the requirements of this chapter, including but not
limited to any, all, or a combination of the following:
(1) The permittee shall implement all necessary traffic
control in accordance with the Virginia Work Area Protection Manual (see
24VAC30-151-760). When warranted, the appropriate district traffic engineer
should be consulted to select or tailor the proper traffic control measures.
Each flag-person must be certified by VDOT and carry a certification card and
have it available for inspection upon request by authorized VDOT personnel.
(2) The permittee shall contact the appropriate district
administrator's designee prior to installing a new logging entrance or
initiating the use of an existing entrance for logging access.
(3) The permittee shall contact the appropriate district
administrator's designee for final inspection upon completion of logging
activities and closure of the temporary entrance.
(4) The permittee shall restore all disturbed right-of-way at
the temporary entrance, including but not limited to ditches, shoulders, and
pavement, to pre-activity condition subject to acceptance by the appropriate
district administrator's designee.
(5) The permittee shall remove excessive mud and any debris
that constitutes a hazardous condition from the highway pursuant to a request
from the appropriate district administrator's designee. Noncompliance may also
result in the issuance of a separate citation from the Virginia State Police or
a local law-enforcement authority.
(6) The permittee shall not perform any activity under the
jurisdiction of a districtwide permit that requires the issuance of a single
use permit.
d. The permittee must obtain single use permits from the
appropriate district administrator's designee to continue accessing state
maintained highways for the purpose of harvesting timber during this revocation
period.
3. Surveying.
a. Districtwide permits may be issued for surveying operations
on nonlimited access primary and secondary highways subject to the following:
(1) No trees are to be trimmed or cut within the right-of-way.
(2) No pins, stakes, or other survey markers that may
interfere with mowing operations or other maintenance activities are to be
placed within the right-of-way.
(3) No vehicles shall be parked so as to create a traffic
hazard. Parking on through lanes is strictly prohibited.
b. A separate single use permit is required when the following
surveying activities are proposed:
(1) Entering onto limited access right-of-way. Consideration
for the issuance of such permits will be granted only when the necessary data
cannot be obtained from highway plans, monuments, triangulation, or any
combination of these, and the applicant provides justification for entry onto
the limited access right-of-way.
(2) Stopping or impeding highway travel in excess of 15
minutes or varying the implementation of standard traffic control, or any
combination of these, as outlined in the Virginia Work Area Protection Manual
(see 24VAC30-151-760).
(3) Trimming or cutting any trees located within the
right-of-way.
(4) Cutting highway pavement or shoulders to locate
underground utilities.
c. A districtwide permit for surveying activities may be
revoked for a minimum of 30 calendar days upon written finding that the
permittee violated the terms of the permit or any of the requirements of this
chapter, including but not limited to any, all, or a combination of the
following:
(1) The permittee shall implement all necessary traffic
control in accordance with the Virginia Work Area Protection Manual (see
24VAC30-151-760). When warranted, the appropriate Regional Traffic Engineer
should be consulted to select or tailor the proper traffic control devices.
Each flag-person must be certified by VDOT and carry a certification card when
flagging traffic and have it readily available for inspection when requested by
authorized personnel.
(2) The permittee shall not perform any activity under the
jurisdiction of a districtwide permit that requires the issuance of a single
use permit.
d. The permittee must obtain single use permits from the
district administrator's designee to continue surveying activities during this
revocation period.
D. In-place permits. In-place permits allow utilities to
remain within the right-of-way of newly constructed secondary streets. These
utilities shall be installed according to VDOT approved street plans and shall
be in place prior to VDOT street acceptance.
E. Prior-rights permits. Prior-rights permits allow existing
utilities to remain in place that are not in conflict with transportation
improvements authorized under the auspices of a land use permit.
F. As-built permits. Agreements for the relocation of
utilities found to be in conflict with a transportation project may stipulate
that an as-built permit will be issued upon completion of the project.
G. Agreements. In addition to obtaining a single use permit,
a utility may be required to enter an agreement with VDOT allowing the utility
to use the limited access right-of-way in exchange for monetary compensation,
the mutually agreeable exchange of goods or services, or both.
1. Permit agreement. A permit agreement is required for:
a. Any new longitudinal occupancy of the limited access
right-of-way where none have existed before, as allowed for in 24VAC30-151-300
and 24VAC30-151-310.
b. Any new communication tower or small site facilities
installed within the right-of-way, as allowed for in 24VAC30-151-350.
c. Any perpendicular crossing of limited access right-of-way,
as allowed for in 24VAC30-151-310.
All permit agreements shall specify the terms and conditions
required in conjunction with work performed within the right-of-way. If
appropriate, all agreements shall provide for the payment of monetary
compensation as may be deemed proper by the Commonwealth Transportation
Commissioner of Highways for the privilege of utilizing the
right-of-way.
2. Shared resource agreement. A shared resource agreement
allows the utility to occupy the limited access right-of-way in exchange for
the utility providing the needed VDOT facility or services. VDOT and the
utility will agree upon the appropriate facilities or services to be provided
and will establish the length of the term that will be compensated through the
infrastructure needs or monetary compensation, or both. Any shared resource
agreement shall also provide for compensation as may be deemed proper by the Commonwealth
Transportation Commissioner of Highways in any renewal term. The
shared resource agreement shall specify the initial and renewal terms of the
lease.
24VAC30-151-40. General rules, regulations and requirements.
A. A land use permit is valid only on highways and
rights-of-way under VDOT's jurisdiction. This permit neither implies nor grants
otherwise. County and city permits must be secured for work on roads and
streets under their jurisdictions. A land use permit covers the actual
performance of work within highway rights-of-way and the subsequent
maintenance, adjustments or removal of the work as approved by the central
office permit manager or the district administrator's designee. Permits for
communications facility towers may only be issued by the Commonwealth
Transportation Commissioner of Highways. The Commonwealth
Transportation Commissioner of Highways shall approve all activities
within limited access right-of-way prior to permit issuance. All permits shall
be issued to the owner of the facility within highway rights-of-way or adjacent
property owner in the case of entrance permits. Permits may be issued jointly
to the owner and his contractor as agent. The applicant shall comply with all
applicable federal, state, county and municipal requirements.
B. Application shall be made for a district-wide permit
through the central office permit manager and for single use permits from the
district administrator's designee responsible for the county where the work is
to be performed. The applicant shall submit site plans or sketches for proposed
installations within the right-of-way to VDOT for review, with studies
necessary for approval. VDOT may require electronic submission of these
documents. Where work is of a continuous nature along one route, or on several
routes within one jurisdiction, it may be consolidated into one permit
application. For single use permits, such consolidation shall not be for a
length greater than two miles. The applicant shall also submit any required
certifications for staff performing or supervising the work, and certification
that applicable stormwater management requirements are being met. The plans
shall include the ultimate development and also any applicable engineering
design requirements. VDOT retains the authority to deny an application for or
revoke a land use permit to ensure the safety, use, or maintenance of the
highway right-of-way, or in cases where a law has been violated relative to the
permitted activity.
C. The proposed installation granted by this permit shall be
constructed exactly as shown on the permit or accompanying sketch. Distances
from edge of pavement, existing and proposed right-of-way line, depths below
existing and proposed grades, depths below ditch line or underground drainage
structures, or other features shall be shown. Any existing utilities within
close proximity of the permittee's work shall be shown. Location of poles, guys,
pedestals, relief valves, vent pipes, etc. shall be shown. Height of wires or
cables above the crown of the roadway shall be shown.
D. In the event of an emergency situation that requires
immediate action to protect persons or property, work may proceed within the
right-of-way without authorization from the district administrator's designee;
however, the permittee must contact the VDOT Emergency Operations Center as
soon as reasonably possible but no later than 48 hours after the end of the
emergency situation.
E. The land use permit is not valid unless signed by the
central office permit manager or the district administrator's designee.
F. The permittee shall secure and carry sufficient insurance
to protect against liability for personal injury and property damage that may
arise from the work performed under the authority of a land use permit and from
the operation of the permitted activity. Insurance must be obtained prior to
start of permitted work and shall remain valid through the permit completion date.
The central office permit manager or the district administrator's designee may
require a valid certificate or letter of insurance from the issuing insurance
agent or agency prior to issuing the land use permit.
G. VDOT and the Commonwealth shall be absolved from all
responsibilities, damages and liabilities associated with granting the permit.
All facilities shall be placed and maintained in a manner to preclude the
possibility of damage to VDOT owned facilities or other facilities placed
within the highway right-of-way by permit.
H. A copy of the land use permit and approved site plans or
sketches shall be maintained at every job site and such items made readily
available for inspection when requested by authorized personnel. Strict
adherence to the permit is required at all times. Any activity other than that
described in the permit shall render the permit null and void. Any changes to
the permit shall be coordinated and approved by the district administrator's
designee prior to construction.
I. For permit work within the limits of a VDOT construction
project, the permittee must obtain the contractor's consent in writing before
the permit will be issued. The permittee shall coordinate and schedule all
permitted work within the limits of a VDOT construction project to avoid
conflicts with contracted work.
J. Disturbances within the right-of-way shall be kept to a
minimum during permitted activities. Permit applications for proposed
disturbances within the right-of-way that include disturbance on property
directly adjacent to the right-of-way, in which the combined area of
disturbance constitutes a land-disturbing activity as defined in § 10.1-560 of
the Code of Virginia and the Virginia Stormwater Management Program (VSMP)
Permit Regulations (see 24VAC30-151-760), must be accompanied by documented
approval of erosion and sediment control plans and stormwater management plans,
if applicable, from the corresponding jurisdictional local or state government
plan approving authority.
K. Restoration shall be made in accordance with VDOT Road and
Bridge Specifications; VDOT Road and Bridge Standards; Virginia Erosion and
Sediment Control Handbook, 3rd Edition, a technical guide to the
Erosion and Sediment Control Regulations; and the Virginia Stormwater Management
Handbook, 1st edition, Volumes 1 and 2, a technical guide to the Virginia
Stormwater Management Program (VSMP) Permit Regulations (see 24VAC30-151-760).
Additionally, the permittee shall:
1. Ensure compliance with the Erosion and Sediment Control
Regulations and the Virginia Stormwater Management Program (VSMP) Permit
Regulations (see 24VAC30-151-760).
2. Ensure copies of approved erosion and sediment control
plans, stormwater management plans, if applicable, and all related non-VDOT
issued permits are available for review and posted at every job site at all
times.
3. Take all necessary precautions to ensure against siltation
of adjacent properties, streams, etc. in accordance with VDOT's policies and
standards and the Virginia Erosion and Sediment Control Handbook, 3rd edition,
and the Virginia Stormwater Management Manual (see 24VAC30-151-760).
4. Keep dusty conditions to a minimum by using VDOT-approved
methods.
5. Cut pavement only as approved by the district
administrator's designee. Pavement cuts, restoration and compaction efforts, to
include all materials, shall be accomplished in accordance with VDOT Road and
Bridge Specifications (see 24VAC30-151-760).
6. Ensure that an individual certified by VDOT in erosion and
sediment control is present whenever any land-disturbing activity governed by
the permit is performed. All land disturbance activities performed under a VDOT
land use permit shall be in accordance with all local, state, and federal
regulations. The installation of underground facilities by a boring method
shall only be deemed as a land-disturbing activity at the entrance and exit of
the bore hole and not the entire length of the installation.
7. Stabilize all disturbed areas immediately upon the end of
each day's work and reseed in accordance with VDOT Road and Bridge
Specifications (see 24VAC30-151-760). Temporary erosion and sediment control
measures shall be installed in areas not ready for permanent stabilization.
8. Ensure that no debris, mud, water, or other material is
allowed on the highways. Permission, documented in writing or electronic
communication, must be obtained from VDOT prior to placing excavated materials
on the pavement. When so permitted, the pavement shall be cleaned only by
approved VDOT methods.
L. Accurate "as built" plans and profiles of work
completed under permit shall be furnished to VDOT upon request, unless waived
by the district administrator's designee. For utility permits, the owner shall
maintain records for the life of the facility that describe the utility usage,
size, configuration, material, location, height or depth and special features
such as encasement.
M. All work shall be performed in accordance with the
Underground Utility Damage Prevention Act (Chapter 10.3 (§ 56-265.14 et
seq.) of Title 56 of the Code of Virginia) and the Rules for Enforcement of the
Underground Utility Damage Prevention Act (see 24VAC30-151-760). For work
within 1,000 feet of traffic signals or adjacent to other VDOT utilities, the
permittee shall contact the district administrator's designee prior to
excavation. The permittee shall notify VDOT on the business day preceding 48
hours before excavation.
N. Permission, documented in writing or electronic
communication, must be obtained from the district administrator's designee prior
to blocking or detouring traffic. Additionally, the permittee shall:
1. Employ safety measures including, but not limited to,
certified flaggers, adequate lights and signs.
2. Conduct all permitted activities in accordance with the
Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and
related special provisions (see 24VAC30-151-760) and the typical traffic
control figures from the Virginia Work Area Protection Manual (see
24VAC30-151-760).
3. Plan construction and maintenance operations with regard to
safety and minimum traffic interference.
4. Coordinate notification with all county or municipal
officials.
5. Ensure that permitted work does not interfere with traffic
during periods of peak flow on heavily traveled highways.
6. Plan work so that closure of intersecting streets, road
approaches and other access points is held to a minimum and as noted and
approved in the permit documents.
7. Maintain safe access to all entrances and normal shoulder
slope of the roadway across the entire width of the entrance.
O. All construction activities shall conform to Occupational
Safety & Health Administration (OSHA) requirements.
P. The permittee shall be responsible for any settlement in
the backfill or pavement for a period of two years after the completion date of
permit, and for the continuing maintenance of the facilities placed within the
highway right-of-way. A one-year restoration warranty period may be considered,
provided the permittee adheres to the following criteria:
1. The permittee retains the services of a professional
engineer (or certified technician under the direction of the professional
engineer) to observe the placement of all fill embankments, pavement, and storm
sewer and utility trench backfill.
2. The professional engineer (or certified technician under
the direction of the professional engineer) performs any required inspection
and testing in accordance with all applicable sections of VDOT's Road and
Bridge Specifications (see 24VAC30-151-760).
3. The professional engineer submits all testing reports for
review and approval, and provides written certification that all restoration
procedures have been completed in accordance with all applicable sections of
VDOT's Road and Bridge Specifications (see 24VAC30-151-760) prior to completion
of the work authorized by the permit.
Q. The permittee shall immediately notify the nearest VDOT
official who approved the land use permit of involvement in any personal or
vehicular accident at the work site.
R. Stormwater management facilities or wetland mitigation
sites shall not be located within VDOT rights-of-way unless the Commonwealth
Transportation Board has agreed to participate in the use of a regional
facility authorized by the local government. Stormwater management facilities
or wetlands mitigation sites shall be designed and constructed to minimize
impact within VDOT right-of-way. VDOT's share of participation in a regional
facility will be the use of the right-of-way where the stormwater management
facility or wetland mitigation site is located.
S. The permittee shall notify, by telephone, voice mail
message, or email, the VDOT office where the land use permit was obtained prior
to commencement of the permitted activity or any nonemergency excavation within
the right-of-way.
T. Upon completion of the work under permit, the permittee
shall provide notification, documented in writing or electronic communication,
to the district administrator's designee requesting final inspection. This
request shall include the permit number, county name, route number, and name of
the party or parties to whom the permit was issued. The district
administrator's designee shall promptly schedule an inspection of the work
covered under the permit and advise the permittee of any necessary corrections.
24VAC30-151-100. Appeal.
The district administrator is authorized to consider and rule
on unresolved differences of opinion between the applicant or permittee and the
district administrator's designee that pertain to the interpretation and
application of the requirements of this chapter as they relate to single use
permits within nonlimited access highways.
To initiate an appeal with the district administrator, the
applicant or permittee must provide the district administrator and the district
administrator's designee with a written request for such action within 30
calendar days of receipt of written notification of denial or revocation and
must set forth the grounds for the appeal. The written request shall describe
any unresolved issue or issues. After reviewing all pertinent information, the
district administrator will advise the applicant or permittee in writing within
60 calendar days upon receipt of the appeal regarding the decision of the
appeal, with a copy to the district administrator's designee. The applicant or
permittee may further appeal the district administrator's decision to the Commonwealth
Transportation Commissioner of Highways. All correspondence
requesting an appeal should include copies of all prior correspondence
regarding the issue or issues with VDOT representatives.
The central office division administrator responsible for
overseeing the statewide land use permit program is authorized to consider and
rule on unresolved differences of opinion that pertain to the interpretation
and application of the requirements of this chapter as they relate to
districtwide permits. To initiate an appeal, the applicant or permittee must
provide the division administrator with a written request for such action
within 30 calendar days of receipt of written notification of denial or
revocation and must set forth the grounds for the appeal. The written request
shall describe any unresolved issue or issues. After reviewing all pertinent
information, the division administrator will advise the applicant or permittee
in writing within 60 calendar days upon receipt of the appeal regarding the
decision of the appeal. The applicant or permittee may further appeal the
division administrator's decision to the Commonwealth Transportation
Commissioner of Highways. All correspondence requesting an appeal should
include copies of all prior correspondence regarding the issue or issues with
VDOT representatives.
Appeals involving permit requests within limited access
rights-of-way and appeals of decisions of the district administrator and the
division administrator shall be made to the Commonwealth Transportation
Commissioner of Highways for resolution. To initiate an appeal, the
applicant or permittee must provide the Commonwealth Transportation
Commissioner of Highways with a written request for such action within
30 calendar days of receipt of written notification of denial or revocation and
must set forth the grounds for the appeal. The written request shall describe
any unresolved issue or issues. After reviewing all pertinent information, the Commonwealth
Transportation Commissioner of Highways will advise the applicant or
permittee in writing within 60 calendar days upon receipt of the appeal
regarding the decision of the appeal.
Part III
Denial or Revocation of Permits
24VAC30-151-110. Denial; revocation; refusal to renew.
A. A land use permit may be revoked upon written finding that
the permittee violated the terms of the permit, which shall incorporate by
reference these rules, as well as state and local laws and ordinances
regulating activities within the right-of-way. Repeated violations may result
in a permanent denial of the right to work within the right-of-way. A permit
may also be revoked for misrepresentation of information on the application,
fraud in obtaining a permit, alteration of a permit, unauthorized use of a
permit, or violation of a water quality permit. Upon revocation, the permit
shall be surrendered without consideration for refund of fees. Upon restoration
of permit privileges a new land use permit shall be obtained prior to
performing any work within the right-of-way.
B. Land use permits may be denied to any applicant or
company, or both, for a period not to exceed six months when the applicant or
company, or both, has been notified in writing by the Commonwealth
Transportation Commissioner of Highways, the central office permit
manager, district administrator, or district administrator's designee that
violations have occurred under the jurisdiction of a districtwide or previously
issued single use permit. Any person, firm, or corporation violating a water
quality permit shall permanently be denied a land use permit. Furthermore,
these violators may be subject to criminal prosecution as provided for by §
33.1-19 of the Code of Virginia.
Part V
Occupancy of Right-of-Way
24VAC30-151-220. Commercial use agreements.
A. Where wider rights-of-way are acquired by VDOT for the
ultimate development of a highway at such time as adequate funds are available
for the construction of the highway, including such preliminary features as
tree planting, the correction of existing drainage conditions, etc., the Commonwealth
Transportation Commissioner of Highways does not consider it
advisable to lease, rent, or otherwise grant permission for the use of any of
the land so acquired except in extreme or emergency cases, and then only for a
limited period.
When the land adjoining the highway is used for commercial
purposes and where the existing road is located on the opposite side of the
right-of-way, thereby placing the business from 65 feet (in the case of 110
feet right-of-way) to 100 feet or more (in the case of 160 feet right-of-way)
away from the main traveled road, the owner of the business may continue to
locate his driveways and pumps, in the case of a filling station, within the
state right-of-way, provided that the driveways and pumps are at least as far
from the edge of the existing pavement as existing driveways and pumps in
evidence on the road are from the nearest edge of the pavement to their similar
structures. No additional driveways or pumps may be constructed within the
right-of-way. In such cases, agreements for "commercial uses" may be
entered into for use of portions of the right-of-way for temporary or limited
periods under the following policies and conditions:
1. Until such time as the Commonwealth Transportation
Commissioner of Highways deems it necessary to use right-of-way acquired
for future construction on a project for road purposes, agreements may be made
with adjoining property owners for the temporary use of sections thereof. The
use of this land shall be limited to provisions as set forth in the agreement,
which shall cover commercial pursuits consistent with similar operations common
to the highway. These operations and special conditions may include gasoline
pumps, but not gasoline tanks.
2. The area of right-of-way designated for use of the
landowner must not be used for the storing of vehicles, except while the
vehicles are being serviced at the gasoline pumps. The area must be kept in a
clean and orderly condition at all times.
B. Agreements may be revoked for cause or as outlined in
subdivision A 1 of this section, either in whole or for any portion of the
prescribed area that may be required for highway purposes, which may include
one or more of the following:
1. The storage of road materials when other nearby suitable
areas are not available;
2. The planting of trees and shrubs for permanent roadside
effects;
3. The correction or improvement of drainage;
4. Development of wayside, parking or turnout areas; or
5. For other purposes as may be deemed necessary by the Commonwealth
Transportation Commissioner of Highways.
C. Applications for agreements for commercial uses shall be
made to the district administrator's designee. Agreements must be accompanied
by a sketch showing the location of the roadway, shoulders, ditches and
conditions existing within the right-of-way, together with description and plat
of the area to be covered by it. The text of the application should describe the
specific use for the site.
D. Agreements shall be issued only to owners of property
adjoining the area to be used. Agreements may be made for terms not to exceed
one year, subject to the cancellation terms in subsection C of this section.
VDOT shall not be responsible in any way for the policing of areas subject to
commercial agreements. No structures are to be erected on areas subject to
commercial agreements without written approval of the Commonwealth
Transportation Commissioner of Highways.
24VAC30-151-230. Agriculture use agreements.
A. In cases where wider rights-of-way are acquired by VDOT
for the ultimate development of a highway at such time as adequate funds are
available for the construction of the same, including such preliminary features
as tree planting, the correction of existing drainage conditions, etc., the Commonwealth
Transportation Commissioner of Highways does not consider it
advisable to lease, rent, or otherwise grant permission for the use of any of
the land so acquired except in extreme or emergency cases, and then only for a
limited period.
When this land is being used for agricultural purposes, which
would necessitate the owner preparing other areas for the same use, agreements
for agricultural uses may be entered into for use of portions of the
right-of-way for temporary or limited periods.
B. Agreements for agricultural uses may be made with
adjoining property owners, until such time as the Commonwealth
Transportation Commissioner of Highways deems it necessary to use
right-of-way acquired for future construction on a project for road purposes.
Agricultural use is not permitted on limited access highways. The use of this
land will be limited to provisions as set forth in the agreement, which, in
general, will cover agricultural pursuits the same as those carried out on
adjoining lands and thereby made an integral part of the agreement. Operations
and special conditions covering such operations may include one or more of the
following:
1. Grazing of cattle and other livestock is permitted provided
the area is securely enclosed by appropriate fence to eliminate any possibility
of animals getting outside of the enclosure.
2. Forage crops such as hay, cereals, etc. are permitted
provided that their growth will not interfere with the safe and orderly
movement of traffic on the highway, and that, after crops are harvested, the
land is cleared, graded and seeded with cover crop in such a manner as to
prevent erosion and present a neat and pleasing appearance.
3. Vegetable crops are permitted provided that its growth will
not interfere with the safe and orderly movement of traffic on the highway, and
that all plants will be removed promptly after crops are harvested and the land
cleared, graded and seeded with cover crop in such a manner as to prevent
erosion and present a neat and pleasing appearance.
4. Fruit trees are permitted to maintain existing fruit trees,
provided that they are sprayed to control insects and diseases; fertilized and
the area is kept generally clear of weeds, etc., but no guarantee of longevity
may be expected.
5. Small fruits are permitted, but no guarantee of longevity
may be expected.
6. Other uses as may be specifically approved.
C. Agricultural use agreements will be subject to revocation
for cause or as outlined in subsection B of this section, either in whole or
for any portion of the prescribed area that may be required for highway
purposes, which may include one or more of the following:
1. Storage of road materials when other nearby suitable areas
are not available;
2. The planting of trees and shrubs for permanent roadside
effects;
3. The correction or improvement of drainage;
4. The development of wayside, parking or turnout areas; or
5. For other purposes as may be deemed necessary by the Commonwealth
Transportation Commissioner of Highways.
D. Applications for agreements for agricultural uses shall be
made to the district administrator's designee. Agreements must be accompanied
by a sketch showing the location of the roadway, shoulders, ditches and conditions
existing within the right-of-way, together with a description and plat of the
area to be covered by it. The text of the application should describe in detail
the specific use for which the area is to be utilized.
Agreements shall be issued only to owners of property
adjoining the area to be used. Agreements may be made for terms not to exceed
one year, subject to the cancellation terms in subsection C of this section.
VDOT shall not be held responsible in any way for the policing of areas subject
to agricultural use agreements. No structures are to be erected on areas
subject to agricultural use agreements without written approval of the Commonwealth
Transportation Commissioner of Highways.
24VAC30-151-280. Springs and wells.
In the acquiring of right-of-way, it is often necessary for
VDOT to acquire lands where springs, wells and their facilities are located. It
is the policy of VDOT to acquire these springs, wells and their facilities
along with the land on which they are located. When so acquired, the landowner
having previous use of these springs, wells and their facilities may be granted
a permit to use these springs, wells and their facilities until the Commonwealth
Transportation Commissioner of Highways shall, by written notice,
advise that the permit is terminated. The issuing of the permit shall in no way
obligate VDOT to maintain the springs, wells or facilities.
24VAC30-151-310. Utility installations within limited access
highways.
Utility installations on all limited access highways shall
comply with the following provisions:
1. Requests for all utility installations within limited
access right-of-way shall be reviewed and, if appropriate, be approved by the Commonwealth
Transportation Commissioner of Highways prior to permit issuance.
2. New utilities will not be permitted to be installed
parallel to the roadway longitudinally within the controlled or limited access
right-of-way lines of any highway, except that in special cases or under
resource sharing agreements such installations may be permitted under strictly
controlled conditions and then only with approval from the Commonwealth
Transportation Commissioner of Highways. However, in each such case
the utility owner must show the following:
a. That the installation will not adversely affect the safety,
design, construction, operation, maintenance or stability of the highway.
b. That the accommodation will not interfere with or impair
the present use or future expansion of the highway.
c. That any alternative location would be contrary to the
public interest. This determination would include an evaluation of the direct
and indirect environmental and economic effects that would result from the
disapproval of the use of such right-of-way for the accommodation of such
utility.
d. In no case will parallel installations within limited
access right-of-way be permitted that involve tree removal or severe tree
trimming.
3. Overhead and underground utilities may be installed within
limited access right-of-way by a utility company under an agreement that
provides for a shared resource arrangement subject to VDOT's need for the
shared resource.
4. All authorized longitudinal utility installations within
limited access right-of-way, excluding communication tower facilities, shall be
located in a utility area established along the outer edge of the right-of-way.
Special exceptions must be approved by the Commonwealth Transportation
Commissioner of Highways.
5. Authorized overhead utility installations within limited
access right-of-way shall maintain a minimum of 21 feet of vertical clearance.
6. Authorized underground utility installations within limited
access right-of-way shall have a minimum of 36 inches of cover.
7. Service connections to adjacent properties shall not be
permitted from authorized utility installations within limited access
right-of-way.
8. Overhead crossings shall be located on a line that is
perpendicular to the highway alignment.
9. A utility access control line will be established between
the proposed utility installation, the through lanes, and ramps.
24VAC30-151-340. Underground utility installations within
nonlimited access highways.
Underground longitudinal utilities may be installed under
permit on all nonlimited access highways, except in scenic areas, as follows:
1. Underground utilities may be installed within nonlimited
access right-of-way by a utility company under permit, including a districtwide
permit as allowed under 24VAC30-151-30 C 1.
2. All underground utilities within VDOT rights-of-way will
require a minimum of 36 inches of cover, except underground cables that provide
cable or telecommunications services shall be at a minimum of 30 inches of
cover. The district administrator's designee has the discretion to grant an
exception to depth of cover requirements if the permittee encounters obstacles
preventing the installation of main line facilities at the minimum depth of
cover, as long as installation at the minimum depth of cover is resumed when
the installation passes by the obstacle.
3. An underground utility shall not be attached to a bridge or
other structure unless the utility owner can demonstrate that the installation
and maintenance methods will not interfere with VDOT's ability to maintain the
bridge or other structure, will not impact the durability and operational
characteristics of the bridge or other structure, and will not require access
from the roadway or interfere with roadway traffic. The attachment method must
be approved by VDOT (see 24VAC30-151-430).
4. The proposed method for placing an underground facility
requires approval from the district administrator's designee. All underground
facilities shall be designed to support the load of the highway and any
superimposed loads. All pipelines and encasements shall be installed in
accordance with 24VAC30-151-360 and 24VAC30-151-370.
5. Underground utilities shall not be installed within the
median area except, in special cases or under shared resource agreements, with
approval from the Commonwealth Transportation Commissioner of
Highways.
6. Underground utilities may be installed under sidewalk areas
with approval from the district administrator's designee.
24VAC30-151-350. Nonlimited access highways: communication
towers and site installations.
Communication tower structures and other types of surface
mounted or underground utility facilities may be installed by a utility company
under an agreement providing for a shared resource arrangement or the payment
of appropriate compensation, or both. The Commonwealth Transportation
Commissioner of Highways may grant an exception for a nonshared resource
arrangement, under strictly controlled conditions. The utility owner must show
that any alternative location would be contrary to the public interest. This
determination would include an evaluation of the direct and indirect
environmental and economic effects that would result from the disapproval of
the use of such right-of-way for the accommodation of such utility.
Communication pedestals, nodes, and amplifiers may be installed in the
right-of-way pursuant to permit unless the district administrator's designee
reasonably concludes that safety concerns at a specific location require
placement of communication pedestals, nodes, or amplifiers elsewhere in the
right-of-way. The placement of communication pedestals, nodes, or amplifiers
between the edge of pavement or back of curb and the sidewalk shall not be
permitted.
24VAC30-151-550. Roadside memorials.
A. Section 33.1-206.1 of the Code of Virginia directs the
Commonwealth Transportation Board to establish regulations regarding the
authorized location and removal of roadside memorials. Roadside memorials shall
not be placed on state right-of-way without first obtaining a permit. At the
site of fatal crashes or other fatal incidents, grieving families or friends
often wish for a roadside memorial to be placed within the highway
right-of-way. The following rules shall be followed in processing applications
to place roadside memorials within the highway right-of-way:
1. Applications for a memorial shall be submitted to the
district administrator's designee. The district administrator's designee will
review, and if necessary, amend or reject any application.
2. If construction or major maintenance work is scheduled in
the vicinity of the proposed memorial's location, the district administrator's
designee may identify an acceptable location for the memorial beyond the limits
of work, or the applicant may agree to postpone installation.
3. If the applicant requests an appeal to the district
administrator's designee's decision regarding amendment or rejection of an
application, this appeal will be forwarded to the district administrator.
4. Criteria used to review applications shall include, but not
be limited to, the following factors:
a. Potential hazard of the proposed memorial to travelers, the
bereaved, VDOT personnel, or others;
b. The effect on the proposed site's land use or aesthetics;
installation or maintenance concerns; and
c. Circumstances surrounding the accident or incident.
5. Approval of a memorial does not give the applicant, family,
or friends of the victim permission to park, stand, or loiter at the memorial
site. It is illegal to park along the interstate system, and because of safety
reasons and concerns for the public and friends and family of the deceased,
parking, stopping, and standing of persons along any highway is not encouraged.
B. The following rules will be followed concerning roadside
memorial participation:
1. Any human fatality that occurs on the state highway system
is eligible for a memorial. Deaths of animals or pets are not eligible.
2. The applicant must provide a copy of the accident report or
other form of information to the district administrator's designee so that the
victim's name, date of fatality, and location of the accident can be verified.
This information may be obtained by contacting the local or state police. The
district administrator's designee may also require that the applicant supply a
copy of the death certificate.
3. Only family members of the victim may apply for a memorial.
4. The applicant will confirm on the application that approval
has been obtained from the immediate family of the victim and the adjacent
property owner or owners to locate the memorial in the designated location. If
any member of the immediate family objects in writing to the memorial, the
application will be denied or the memorial will be removed if it has already
been installed.
5. If the adjacent property owner objects in writing, the
memorial will be relocated and the applicant will be notified.
6. Memorials will remain in place for two years from the date
of installation, at which time the permit shall expire. The Commonwealth
Transportation Commissioner of Highways may, upon receipt of a
written request, grant an extension of the permit. An extension may be granted
for a period of one year, and requests for further extensions must be submitted
for each subsequent year. The applicant or the family of the victim may request
that the memorial be removed less than two years after installation.
7. The applicant shall be responsible for the fabrication of
the memorial. VDOT will install, maintain, and remove the memorial, but the
cost of these activities shall be paid by the applicant to VDOT.
C. Roadside memorial physical requirements.
1. The memorial shall be designed in accordance with Chapter 7
(§ 33.1-351 et seq.) of Title 33.1 and § 46.2-831 of the Code of Virginia and
the Rules and Regulations Controlling Outdoor Advertising and Directional and
Other Signs and Notices and Vegetation Control Regulations on State
Rights-Of-Way (see 24VAC30-151-760). The use of symbols, photographs, drawings,
logos, advertising, or similar forms of medium is prohibited on or near the
memorial.
2. Only one memorial per fatality shall be allowed.
3. VDOT reserves the right to install a group memorial in lieu
of individual memorials to commemorate a major incident where multiple deaths
have occurred.
4. The memorial shall be located as close as possible to the
crash site, but location of the memorial may vary depending on the site and
safety conditions.
a. Memorials shall be installed outside of the mowing limits
and ditch line and as close to the right-of-way line as reasonably possible.
b. Memorials shall be located in such a manner as to avoid
distractions to motorists or pose safety hazards to the traveling public.
c. Memorials shall not be installed in the median of any
highway, on a bridge, or within 500 feet of any bridge approach.
d. Memorials shall not be permitted in a construction or
maintenance work zone. VDOT reserves the right to temporarily remove or
relocate a memorial at any time for highway maintenance or construction
operations or activities.
e. If VDOT's right-of-way is insufficient for a memorial to be
installed at the crash site, the district administrator's designee will locate
a suitable location as close as possible to the incident vicinity to locate the
memorial where sufficient right-of-way exists.
D. Removal. After the two-year term or any extension of the
term approved in accordance with this section, the memorial shall be removed by
VDOT personnel. The memorial nameplate will be returned to the applicant or the
designated family member, if specified on the application. If the applicant
does not wish to retain the nameplate, the nameplate will be reused, recycled,
or disposed at VDOT's discretion.
24VAC30-151-600. Pedestrian and bicycle facilities.
The installation of sidewalks, steps, curb ramps, shared use
paths, pedestrian underpasses and overpasses within right-of-way may be
authorized under the auspices of a single use permit. VDOT shall maintain those
facilities that meet the requirements of the Commonwealth Transportation
Board's Policy for Integrating Bicycle and Pedestrian Accommodations (see
24VAC30-151-760). The maintenance of sidewalks, steps, curb ramps, shared use
paths, pedestrian underpasses and overpasses not meeting these requirements
shall be subject to permit requirements, and the permittee shall be responsible
for maintenance of these facilities.
The installation of pedestrian or bicycle facilities within
limited access right-of-way shall be considered a change in limited access
control and requires approval of the Commonwealth Transportation Board prior to
permit issuance (see Change of Limited Access Control, 24VAC30-151-760). The
installation of pedestrian or bicycle facilities parallel to and within the
right-of-way of nonlimited access highways crossing limited access highways by
way of an existing bridge or underpass shall not be considered a change in
limited access but shall require the approval of the Commonwealth
Transportation Commissioner of Highways prior to issuance of a
permit for such activity.
24VAC30-151-660. Special requests and other installations.
Any special requests may be permitted upon review and approval
by the Commonwealth Transportation Commissioner of Highways.
Part IX
Fees and Surety
24VAC30-151-700. General provisions for fees, surety, and other
compensation.
Except as otherwise provided in this part, the applicant
shall pay an application fee to cover the cost of permit processing, pay
additive fees to offset the cost of plan review and inspection, and provide
surety to guarantee the satisfactory performance of the work under permit. For
locally administered VDOT projects, the permit fees are waived and in lieu of a
surety, the locality may (i) provide a letter that commits to using the surety
in place or (ii) have the contractor execute a dual obligation rider that adds
VDOT as an additional obligee to the surety bond provided to the locality, with
either of these options guaranteeing the work performed within state maintained
right-of-way under the terms of the land use permit for that purpose. A copy of
the original surety and letter or rider shall be attached to the land use
permit. Except as provided in 24VAC30-151-740, utilities within the
right-of-way shall pay an annual accommodation fee as described in
24VAC30-151-730. In the event of extenuating circumstances, the Commonwealth
Transportation Commissioner of Highways may waive all or a portion
of any of the fees or surety.
24VAC30-151-730. Accommodation fees.
After initial installation, the Commonwealth
Transportation 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. Communication Tower Sites (limited and nonlimited access):
a. $24,000 annual use payment for a communication tower site,
and
b. $14,000 annual use payment for colocation on a tower site.
This payment does not include equipment mounted to an existing wooden utility
pole.
24VAC30-155-10. Definitions.
The following words and terms when used in this chapter shall
have the following meanings unless the context clearly indicates otherwise:
"Connectivity index" means the number of street
segments divided by the number of intersections. Only street segments and
intersections within a network addition as well as any street segment or
intersection outside of the network addition that is connected to street
segments within the network addition or that has been connected or will be
connected pursuant to 24VAC30-92-60 C 7 to the network addition through the
extension of an existing stub out shall be used to calculate a network
addition's connectivity index.
"Floor area ratio" means the ratio of the total
floor area of a building or buildings on a parcel to the size of the parcel
where the building or buildings are located.
"Intersection" means, only for the purposes of
calculating connectivity index, a juncture of three or more street segments or
the terminus of a street segment such as a cul-de-sac or other dead end. The
terminus of a stub out shall not constitute an intersection for the purposes of
this chapter. The juncture of a street with only a stub out, and the juncture
of a street with only a connection to the end of an existing stub out, shall
not constitute an intersection for the purposes of this chapter, unless such
stub out is the only facility providing service to one or more lots within the
development.
"Locality" means any local government, pursuant to
§ 15.2-2223 of the Code of Virginia, that must prepare and recommend a
comprehensive plan for the physical development of the territory within its
jurisdiction.
"Network addition" means a group of interconnected
street segments and intersections shown in a plan of development that is connected
to the state highway system and meets the requirements of the Secondary Street
Acceptance Requirements (24VAC30-92).
"Pedestrian facility coverage" means the ratio of:
(length of pedestrian facilities, such as sidewalks, foot paths, and multiuse
trails, along both sides of a roadway) divided by (length of roadway multiplied
by two).
"Redevelopment site" means any existing use that
generates traffic and is intended to be developed as a different or more dense
land use.
"Service level" means a measure of the quality,
level or comfort of a service calculated using methodologies approved by VDOT.
"Small area plan" means a plan of development for
multiple contiguous properties that guides land use, zoning, transportation,
urban design, open space, and capital improvements at a high level of detail
within an urban development area or for a transit-oriented development that is
at least 1/2 square mile in size unless otherwise approved by VDOT due to
proximity to existing moderate to high density developments. A small area plan
shall include the following: (i) densities of at least four residential units
per acre and at least a floor area ratio of 0.4 or some proportional
combination thereof; (ii) mixed-use neighborhoods, including mixed housing
types and integration of residential, office, and retail development; (iii)
reduction of front and side yard building setbacks; and (iv)
pedestrian-friendly road design and connectivity of road and pedestrian
networks.
"State-controlled highway" means a highway in
Virginia that is part of the interstate, primary, or secondary systems of state
highways and that is maintained by the state under the direction and
supervision of the Commonwealth Transportation Commissioner of
Highways. Highways for which localities receive maintenance payments
pursuant to §§ 33.1-23.5:1 and 33.1-41.1 of the Code of Virginia and
highways maintained by VDOT in accordance with §§ 33.1-31, 33.1-32,
33.1-33, and 33.1-68 of the Code of Virginia are not considered
state-controlled highways for the purposes of determining whether a specific
land development proposal package must be submitted to meet the requirements of
this regulation.
"Street segment" means (i) a section of roadway or
alley that is between two intersections or (ii) a stub out or connection to the
end of an existing stub out.
"Stub out" means a transportation facility (i)
whose right-of-way terminates at a parcel abutting the development, (ii) that
consists of a short segment that is intended to serve current and future
development by providing continuity and connectivity of the public street
network, (iii) that based on the spacing between the stub out and other streets
or stub outs, and the current terrain there is a reasonable expectation that
connection with a future street is possible, and (iv) that is constructed to
the property line.
"Traffic impact statement" means the document
showing how a proposed development will relate to existing and future
transportation facilities.
"Transit-oriented development" means an area of
commercial and residential development at moderate to high densities within 1/2
mile of a station for heavy rail, light rail, commuter rail, or bus rapid
transit transportation and includes the following: (i) densities of at least
four residential units per acre and at least a floor area ratio of 0.4 or some
proportional combination thereof; (ii) mixed-use neighborhoods, including mixed
housing types and integration of residential, office, and retail development;
(iii) reduction of front and side yard building setbacks; and (iv)
pedestrian-friendly road design and connectivity of road and pedestrian
networks.
"Transportation demand management" means a
combination of measures that reduce vehicle trip generation and improve
transportation system efficiency by altering demand, including but not limited
to the following: expanded transit service, employer-provided transit benefits,
bicycle and pedestrian investments, ridesharing, staggered work hours,
telecommuting, and parking management including parking pricing.
"Urban development area" means an area designated
on a local comprehensive plan pursuant to § 15.2-2223.1 of the Code of
Virginia that includes the following: (i) densities of at least four
residential units per acre and at least a floor area ratio of 0.4 or some proportional
combination thereof; (ii) mixed-use neighborhoods, including mixed housing
types and integration of residential, office, and retail development; (iii)
reduction of front and side yard building setbacks; and (iv)
pedestrian-friendly road design and connectivity of road and pedestrian
networks.
"VDOT" means the Virginia Department of
Transportation, the Commonwealth Transportation Commissioner of
Highways, or a designee.
24VAC30-200-10. Definitions.
The following words and terms when used in this chapter shall
have the following meanings, unless the context clearly indicates otherwise:
"Agent" means the person, firm, or corporation
representing the permittee.
"Board" means the Commonwealth Transportation Board
as defined in § 33.1-1 of the Code of Virginia.
"Certified arborist" means an individual who has
taken and passed the certification examination sponsored by the International
Society of Arboriculture and who maintains a valid certification status.
"Cutting" means to completely remove at ground
level.
"Daylighting" means to prune or remove vegetation
to improve the motorists' view of an outdoor advertising structure or business.
"Department" means the Virginia Department of
Transportation (VDOT) and its employees.
"Federal-aid primary highway" means any highway as
defined in § 33.1-351 of the Code of Virginia.
"Inspector" means any employee designated by the Commonwealth
Transportation Commissioner of Highways or local government
official, to review and approve or deny the permit application and landscape
plan, inspect the work performed under authority of this chapter, and make a
final approval concerning the work performed.
"Interstate system" means any highway as defined in
§ 33.1-48 of the Code of Virginia.
"Land Use Permit Regulations" means the regulations
(24VAC30-151) promulgated by the board for the purpose of authorizing
activities within the limits of state rights-of-way.
"Limited access highway" means any highway as
defined in § 33.1-57 of the Code of Virginia.
"Local beautification project" means any project in
a locality that includes installation of plant materials, using public or other
funds, in any public right-of-way within a city or town, or on a highway or
street in a county with the county manager form of government.
"Local government official" means an employee of a
local government delegated authority by the city or town council or county
board of supervisors where the public right-of-way is within the jurisdictional
limits of a city or town on a highway or street not within the jurisdiction of
the Commonwealth Transportation Commissioner of Highways under § 33.1-353
of the Code of Virginia, or on a highway or street in a county with the county
manager form of government.
"Permittee" means the person, firm, or corporation
owning the outdoor advertising sign, advertisement, or advertising structure or
the business for whom the vegetation control work is being performed.
"Pruning" means to remove branches from healthy
vegetation in a manner that is acceptable using the natural method under the
standards and guidelines listed in 24VAC30-200-40 published by the American
National Standards Institute, the American Association of Nurserymen, and the
International Society of Arboriculture.
"Specifications" means the current Virginia
Department of Transportation's Road and Bridge Specifications (effective
January 2002).
"Unsightly" means vegetation to be selectively
removed at VDOT's or the local government official's discretion.
24VAC30-200-20. General provisions.
A. Permits will be issued by the department to control
vegetation in front of a sign/structure that is not exempt from the provisions
of § 33.1-355 of the Code of Virginia or business that is visible from any
highway as defined in § 33.1-351 of the Code of Virginia and regulated by
the territorial limitations as defined in § 33.1-353 of the Code of Virginia
provided the vegetation control work meets the criteria set forth in § 33.1-371.1
and this chapter. An application may be filed with the Commonwealth Transportation
Commissioner of Highways by an agent, including but not limited to
companies that trim trees. In all other areas the local government official
shall issue the permits.
B. All cutting to make an outdoor advertising structure more
visible from the roadway shall be limited to vegetation with trunk base
diameters of less than six inches. All cutting to make a business more visible
from the roadway shall be limited to vegetation with trunk base diameters of
less than two inches. All stumps shall be treated with a cut-stump pesticide
applied by a licensed pesticide applicator with a license issued by the
Virginia Department of Agriculture and Consumer Services in Category 6. All
pesticides shall be approved by the department or local government official prior
to use. Selective thinning in accordance with specifications or removal of
unsightly vegetation will be allowed on an individual basis to enhance the
health and growth of the best trees or to eliminate roadway hazards if
recommended by the certified arborist supervising the work and agreed to by the
department or local government official. Trees that are diseased, damaged by
insects, unsightly, or that pose a safety hazard may be removed when
recommended by the certified arborist supervising the work and approved by the
department or local government official. When tree removal is recommended by
the certified arborist and approved by this permit, the permittee shall provide
a list of suitable trees and shrubs and a landscape plan to replace vegetation
removed to the inspector or local government official for review and approval
prior to issuance of the permit. The certified arborist and the department or
local government official shall agree on size and species of replacement
vegetation. The permittee shall plant, at his expense, all replacement
vegetation at the locations shown on the landscape plan in accordance with the
specifications. The establishment period for replacement vegetation shall be in
accordance with § 605.05 of the specifications. No pruning of vegetation
to make an outdoor advertising sign more visible from the roadway will be
permitted if the cut at the point of pruning will exceed four inches in
diameter. No pruning of vegetation to make a business more visible from the
roadway will be permitted if the cut at the point of pruning will exceed two
inches in diameter. No leader branches shall be cut off in such a manner as to
retard the normal upright growth of the tree unless recommended by the
certified arborist and approved by the department or local government official.
All trees and brush removed shall be cut at ground level. Dogwood or other
small flowering trees on the site shall not be removed. The use of climbing
irons or spurs is positively forbidden in any tree.
C. When daylighting signs, every effort shall be made to form
a picture frame around the sign with remaining vegetation so as to accent the
beauty of the surrounding roadside. A picture frame effect shall be achieved by
leaving vegetation in place that will cover the sign structure supports below
the face as seen from the main-traveled way.
D. A permit must be obtained from the department or local
government official prior to any vegetation control work on the state's
rights-of-way. All work shall be performed by the permittee at his expense,
including permit and inspection fees.
E. A violation of this chapter shall, in addition to
penalties provided in § 33.1-377 of the Code of Virginia, result in a
permittee or its agent or both losing its vegetation control permit privilege
for five years. Additionally, the bond amount used to secure the permit will be
used for any reparations to the site. Inadvertent violations of this permit
will require replacement on a four-to-one basis with other suitable small trees
approved by the department or local government official to enhance the roadside
beauty. The department or local government official shall have full authority
to determine specie and size of all replacement vegetation if inadvertent
cutting occurs.
24VAC30-200-30. Special provisions.
A. The permittee shall attach two each 8" x 10"
color glossy photographs (a closeup and a distant view) with the permit
application showing the vegetation to be controlled, the highway, and the sign
or business.
The permit for selective pruning or tree cutting, or both,
will be inspected by the department or local government official and approval
or denial given.
A permit may be denied any applicant, and all permits issued
by the board or local government official may be revoked whenever, in the
opinion of the inspector, the safety, use, or maintenance of the highway so
requires or the integrity of the permit system so dictates.
If, during or before work begins, it is deemed necessary by
the department or local government official to assign inspectors to the work,
the permittee shall pay the department or local government issuing the permit
an additional inspection fee in an amount that will cover the salary, expense
and mileage allowance, equipment rental, etc., of the inspector or inspectors
assigned by the department or local government for handling work covered by
this chapter. Said inspection fee to be paid promptly each month on bills
rendered by the department or local government.
The absence of a state or local government inspector does not
in any way relieve the permittee of his responsibility to perform the work in
accordance with provisions of § 33.1-371.1 of the Code of Virginia, this
chapter, or permit.
B. The inspector or local government official shall be
notified at least seven days in advance of the date any work is to be performed
and when completed, in order than an inspection may be made.
C. No trees, shrubs, vines, or plant material, except as
covered by this chapter, shall be cut or disturbed. Stubs and dead wood in trees
covered by this chapter must be removed, whether occasioned by present
requirements or not.
Pruning of trees shall only be performed by qualified tree
workers who, through related training or experience or both, are familiar with
the techniques and hazards of arboricultural work including trimming,
maintaining, repairing or removing trees, and the equipment used in such
operations. The supervisor, a certified arborist, and tree workers shall be
approved by the inspector or local government official, prior to issuance of a
permit to perform work under this chapter. The certified arborist supervising
the work shall remain on-site whenever work is underway.
All brush, wood, etc., shall be chipped and beneficially used
or removed immediately and disposed of in accordance with the Solid Waste
Management Regulations (9VAC20-81) of the Virginia Waste Management Board.
D. All access and work shall be accomplished from the
abutting property side of rights-of-way on interstate and other limited access
highways, except where a local beautification project has allowed landscape
plant material to be planted within a median area. Plant material in median
areas may be relocated to other areas within the local beautification project
limits in accordance with an approved landscape plan. All work performed on
VDOT rights-of-way shall comply with the Virginia Work Area Protection Manual
(part of 24VAC30-310-10 et seq.). Any damage caused to property owned by the
Commonwealth shall be repaired or replaced in kind when work is complete.
All work done under this chapter on the right-of-way shall in
all respects be subject to department or local government official directions
and shall be completed to the satisfaction of the inspector or local government
official, or his representative.
E. The department or local government official reserves the
right to stop the work at any time the terms of this chapter are not
satisfactorily complied with, and the department or local government official
may, at its discretion, complete any of the work covered in the permit at the
expense of the permittee. If it is in the best interest of traffic safety, the
department or local government official may complete or have completed at the
expense of the permittee any of the work that must be done to properly protect
the traveling public.
F. The permittee shall immediately have corrected any
condition that may arise as a result of this work that the department or local
government official deems hazardous to the traveling public or state
maintenance forces even though such conditions may not be specifically covered
in this chapter or in the Land Use Permit Regulations (24VAC30-151).
G. Permittees and their agents to whom permits are issued
shall at all times indemnify and save harmless the Commonwealth Transportation
Board, local city or town councils, local boards of supervisors, and the
Commonwealth of Virginia and its employees, agents, and officers from
responsibility, damage, or liability arising from the exercise of the privilege
granted in such permit except if political subdivisions are the applicants.
Then special arrangements will be made whereby the agent of the political
subdivision performing the work will indemnify and save harmless the board and
others. All work shall be performed by the permittee at his expense. All permit
and inspection fees shall be paid to the department or local government
official by the permittee.
H. The permittee agrees that if the work authorized by this
chapter including any work necessary to restore shoulders, ditches, and
drainage structures to their original condition, is not completed by the
permittee to the satisfaction of the department or local government official,
the department or local government official will do whatever is required to
restore the area within the right-of-way to department standards, and the
permittee will pay to the Commonwealth or local government official the actual
cost of completing the work. When the permittee is a political subdivision,
this requirement will be satisfied by a sum certain that will appear in the
permit.
I. Road and street connections and private and commercial
entrances are to be kept in a satisfactory condition. Entrances shall not be
blocked. Ample provisions must be made for safe ingress and egress to adjacent
property at all times. Where entrances are disturbed, they shall be restored to
the satisfaction of the department or local government official.
J. Road drainage shall not be blocked. The pavement,
shoulders, ditches, roadside and drainage facilities, shall be kept in an
operable condition satisfactory to the department or local government official.
Necessary precautions shall be taken by the permittee to ensure against
siltation of adjacent properties, streams, etc., in accordance with the
Virginia Erosion and Sediment Control Law (§ 10.1-560 et seq. of the Code of
Virginia) and Virginia Erosion and Sediment Regulations (4VAC50-30).
K. Any conflicts with existing utility facilities shall be
resolved between the permittee and the utility owners involved. The permittee
shall notify and receive clearance from the utility owner or owners and comply
with the Overhead High Voltage Line Safety Act (§ 59.1-406 et seq. of the Code
of Virginia) before proceeding with work in the vicinity of utilities.
L. Where landscape is disturbed on state rights-of-way or
local street and roads not under the jurisdiction of the Commonwealth
Transportation Commissioner of Highways in accordance with §
33.1-353 of the Code of Virginia, it shall be replaced with a minimum of two inches
of topsoil and reseeded according to department specifications.
24VAC30-200-35. Appeal to the Commonwealth Transportation
Commissioner of Highways.
A. Appeals by the local government official.
1. The local government official appeal of a landscape plan
shall be in writing within 60 days of the permittee submitting a permit
application and accompanied by a $400 fee.
2. The appeal shall specify reasons why the local government
official is dissatisfied with the landscape plan and why it does not meet the
intent of § 33.1-371.1 of the Code of Virginia. It shall include any motorist
or worker safety concerns, selection of plant material, placement of plant
material, method or time-of-year for planting or relocating plant material, and
any other pertinent information.
B. Appeals by the permittee.
1. The permittee appeal of a landscape plan shall be in
writing within 10 days after final action of the local government official and
shall be accompanied by a $400 fee.
2. The appeal shall specify reasons why the permittee is
dissatisfied with the action or stipulations placed on the permittee by the
local government official including all pertinent information to help the Commonwealth
Transportation Commissioner of Highways make a final determination.
C. Commonwealth Transportation Commissioner's Commissioner
of Highway's determination of appeal.
The Commonwealth Transportation Commissioner of
Highways shall consult department personnel with expertise in horticulture
and landscape architecture in making a final determination on the merits of the
landscape plan presented by the permittee, weigh objections by both the local
government official and the permittee, and shall provide a final determination
within 30 days of receipt of the appeal request.
24VAC30-271-20. General provisions.
A. The use of economic development access funds shall be
limited to:
1. Providing adequate access to economic development sites on
which new or substantially expanding manufacturing, processing and, research
and development facilities; distribution centers; regional service centers;
corporate headquarters or other establishments that also meet basic employer
criteria as determined by the Virginia Economic Development Partnership in
consultation with the Virginia Department of Business Assistance; and
2. Improving existing roads that may not be adequate to serve
the establishments as described in subdivision 1 of this subsection.
B. Economic development access funds shall not be used for
the acquisition of rights of way or adjustment of utilities. These funds are to
be used only for the actual construction and engineering of a road facility
adequate to serve the traffic generated by the new or expanding eligible
establishments.
C. Economic development access funds may not be used for the
construction of access roads to schools, hospitals, libraries, airports,
armories, speculative office buildings, shopping centers, apartment buildings,
professional offices, residential developments, churches, hotels, motels,
government installations, or similar facilities, whether public or private.
(Access roads to licensed, public-use airports, while provided for in §
33.1-221 of the Code of Virginia, are funded and administered separately
through 24VAC30-450, Airport Access Funding.)
D. No cost incurred prior to the board's approval of an
allocation from the economic development access funds may be reimbursed by such
funds. Economic development access funds shall be authorized only after
certification that the economic development establishment as listed or meeting
the criteria as described will be built under firm contract, or is already
constructed, or upon presentation of acceptable surety in accordance with §
33.1-221 A of the Code of Virginia.
E. When an eligible establishment is not yet constructed or
under firm contract and a local governing body guarantees by bond or other
acceptable surety that such will occur, the maximum time limit for such bond
shall be five years, beginning on the date of the allocation of the economic
development access funds by the Commonwealth Transportation Board. At the end
of the five-year period, the amount of economic development access funds
expended on the project and not justified by eligible capital outlay of one or
more establishments acceptable to the board shall be reimbursed to the Virginia
Department of Transportation (VDOT) voluntarily by the locality or by
forfeiture of the surety. In the event that, after VDOT has been reimbursed,
but still within 24 months immediately following the end of the five-year period,
the access funds expended come to be justified by eligible capital outlay of
one or more eligible establishments, then the locality may request a refund of
one-half of the sum reimbursed to VDOT, which request may be granted if funds
are available, on a first-come, first-served basis in competition with
applications for access funds from other localities.
F. Economic development access funds shall not be used to
construct or improve roads on a privately owned economic development site. Nor
shall the construction of a new access road to serve any economic development
site on a parcel of land that abuts a road constituting a part of the systems
of state highways or the road system of the locality in which it is located be
eligible for economic development access funds, unless the existing road is a
limited access highway and no other access exists. Further, where the existing
road is part of the road system of the locality in which it is located, or the
secondary system of state highways, economic development access funds may be
used to upgrade the existing road only to the extent required to meet the needs
of traffic generated by the new or expanding eligible establishment.
In the event an economic development site has access
according to the foregoing provisions of this chapter, but it can be determined
that such access is not adequate in that it does not provide for safe and
efficient movement of the traffic generated by the eligible establishment on
the site or that the site's traffic conflicts with the surrounding road network
to the extent that it poses a safety hazard to the general public,
consideration will be given to funding additional improvements. Such projects
shall be evaluated on a case-by-case basis upon request, by resolution, from the
local governing body. Localities are encouraged to establish planning policies
that will discourage incompatible mixes such as industrial and residential
traffic.
G. Not more than $500,000 of unmatched economic development
access funds may be allocated in any fiscal year for use in any county, city or
town that receives highway maintenance payments under § 33.1-41.1 of the
Code of Virginia. A town whose streets are maintained under either § 33.1-79
or § 33.1-82 of the Code of Virginia shall be considered as part of the county
in which it is located. The maximum eligibility of unmatched funds shall be
limited to 20% of the capital outlay of the designated eligible establishments.
The unmatched eligibility may be supplemented with additional economic development
access funds, in which case the supplemental access funds shall be not more
than $150,000, to be matched dollar-for-dollar from funds other than those
administered by the board. The supplemental economic development access funds
over and above the unmatched eligibility shall be limited to 20% of the capital
outlay of the designated eligible establishments as previously described. Such
supplemental funds shall be considered only if the total estimated cost of
eligible items for the economic development access improvement exceeds
$500,000.
If an eligible site is owned by a regional industrial
facility authority, as defined in § 15.2-6400 of the Code of Virginia,
funds may be allocated for construction of an access road project to that site
without penalty to the jurisdiction in which the site is located. This
provision may be applied to one regional project per fiscal year in any
jurisdiction with the same funding limitations as prescribed for other
individual projects.
H. Eligible items of construction and engineering shall be
limited to those that are essential to providing an adequate facility to serve
the anticipated traffic while meeting 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.
I. It is the intent of the board that economic development
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.
J. The Commonwealth Transportation Board will consult and
work closely with the Virginia Economic Development Partnership (VEDP) and the
Department of Business Assistance (DBA) in determining the use of economic
development access funds and will rely on the recommendations of the VEDP and
the DBA in making decisions as to the allocation of these funds. In making its
recommendations to the board, the VEDP and DBA will take into consideration the
impact of the proposed facility on the employment and tax base of both the area
in which the facility is to be located and the Commonwealth of Virginia.
K. Prior to the formal request for the use of economic
development access funds to provide access to new or expanding eligible
establishments, the location of the access road shall be submitted for approval
by VDOT. VDOT shall take into consideration the cost of the facility as it
relates to the location and as it relates to the possibility of the future
extension of the road to serve other possible eligible establishments, as well
as the future development of the area traversed.
L. Prior to the board's allocation of funds for such construction
or road improvements to an eligible economic development establishment
proposing to locate or expand in a county, city or town, the governing body
shall by resolution request the access funds and shall be responsible for the
preliminary negotiations with the eligible establishment and others who may be
interested. Engineers of VDOT will be available for consultation with the
governing bodies and others, and may prepare surveys, plans, engineering
studies, and cost estimates.
M. The Commonwealth Transportation Commissioner of
Highways is directed to establish administrative procedures to assure
adherence to and compliance with the provisions of this chapter and legislative
directives.
24VAC30-325-10. Eligibility criteria and conditions governing
receipt and use of urban maintenance and construction funds.
A. In addition to the eligibility requirements identified in
§ 33.1-41.1 of the Code of Virginia, the road and street eligibility
criteria for urban maintenance payments shall also include the following:
1. The basic right-of-way width for cul-de-sacs eligible for
payment will be 40 feet, with consideration of requests for pavement widths
less than 30 feet. For the purpose of making this assessment, a cul-de-sac will
be defined as a dead-end street, open only at one end.
2. If a municipality has jurisdiction over and operates a toll
facility, such facility is eligible for street payments.
3. Local one-way streets, loop roads, and school bus entrances
will be eligible for payment provided that they are constructed to a width of
16 feet with a right-of-way width of not less than 40 feet. This includes
service and frontage roads where contiguous to an interstate, primary, or urban
system route.
4. VDOT can consider a waiver of standards on a site-specific
basis with appropriate supporting information. Each case will be considered on
its own merits.
B. In determining lane mileage eligibility, the following
conditions will apply:
1. Turning lanes and ramps will not be considered for street
payments. This includes center turn lanes unless they serve as moving through
lanes during peak hours.
2. Parking must be restricted and enforced by towing during
peak traffic periods.
3. Each road or street with more than two moving lanes must
have pavement markings in accordance with the Manual on Uniform Traffic Control
Devices for Streets and Highways, 2003 Edition, including Revision 1 dated
November 2004, published by the U.S. Department of Transportation, Federal
Highway Administration.
4. Pavement widths of less than 14 feet qualify for only one
moving lane even if it carries traffic in two directions.
5. Nonhard surfaced streets do not qualify for street
payments.
C. Mileage adjustments, including the results of annexations,
mergers, or incorporations, will be made on an annual basis as part of the
board's approval of the annual maintenance payments. All adjustments submitted
to the department by February 1 will be eligible for payment effective July 1
of the following fiscal year.
D. For the purpose of calculating maintenance payments,
streets will be functionally classified based on the Federal Functional
Classification system, except where the federal system is not parallel with the
state system.
E. Bridge safety and regular inspection is of utmost importance.
The Federal Highway Administration and the department require strict compliance
with the National Bridge Inspection Standards (23 CFR Part 650) regarding the
frequency of inspection and load posting requirements. The Commonwealth
Transportation Commissioner of Highways may elect to withhold street
payments from a municipality for delinquent or inadequate bridge inspection
reports.
F. Municipalities, by resolution of their governing body and
agreement with the department, may elect to utilize up to one-third of their
urban construction allocation for reimbursement of debt incurred for eligible
project costs on approved projects. The payback is limited to a maximum 20-year
timeframe.
G. Landscaping is important to enhance the safety and visual
quality of roads and to maintain quality of life for communities. It is the
intent of the board that a maximum of 3.0% of the construction budget for
individual urban construction projects may be allocated for landscape
improvements. Pavers and stamped asphalt for crosswalks are considered a
pedestrian safety and traffic calming measure for project participation and are
not subject to this limitation. Elements of streetscape can also be constructed
at project expense if the project is an identified gateway project or located
within a historic or cultural district.
H. The Commonwealth Transportation Commissioner of
Highways is directed to establish administrative procedures to assure the
provisions of this chapter and legislative directives are adhered to and complied
with.
24VAC30-340-10. Debarment or Suspension of Contractors (filed
by description with the Registrar of Regulations).
Description: This regulation sets forth the policy, criteria,
and procedures the Commonwealth Transportation Board (CTB) will use in making
decisions to debar, suspend, or reinstate a contractor seeking to bid on public
contracts it awards. The CTB, under authority granted it by § 33.1-12 (2)
and (7) of the Code of Virginia, has established other rules concerning the
establishment of proof of competency and responsibility of those wishing to
submit bids pursuant to Title 11, Chapter 7 of the Code of Virginia, known as
the Virginia Public Procurement Act, which public bodies must follow in
awarding public contracts. Should these rules be violated, this regulation
permits the CTB to take remedial action.
The regulation specifies the types of activities or omissions
of actions which it will consider in making decisions to debar, suspend, or
reinstate contractors, including limitations, where applicable, on the length
of such sanctions. The regulation also includes a means whereby contractors may
appeal a decision before the Commonwealth Transportation Commissioner of
Highways.
Document available for inspection at the following location:
Virginia Department
of Transportation
Construction
Division
1401 E. Broad St.,
12th Floor
Richmond, VA 23219
24VAC30-380-10. General provisions.
A. In the development of highway construction projects, VDOT
shall consider a wide range of factors and opportunity shall be allowed for
consideration and participation by public and private interests before final
approval of highway locations or designs, or both. A public hearing is a
well-publicized opportunity for VDOT to present studies and projects while
receiving and documenting comments from affected or interested citizens.
B. These are the rules that apply to the implementation of
this regulation:
1. A notice to hold a public hearing or the willingness to
hold a public hearing must be stated in public advertisement.
2. All public hearings should be scheduled approximately 60
days in advance. Advertisements must appear 30 days prior to the hearing.
3. The public involvement process must be held in accordance
with applicable federal and state statutes and regulations, including
§§ 33.1-18, 33.1-70.2 and 51.5-40 of the Code of Virginia, 23 USC
§ 128, 23 CFR Part 771, and 40 CFR Parts 1500-1508.
4. The publication of a notice of willingness to hold a public
hearing, with no public request for such a hearing by the established
expiration date in the notice, or conducting a public hearing pursuant to
subsection C of this section will satisfy any public hearing requirements.
C. If the system is interstate, primary, urban, or secondary,
the following types of hearings will be held for the following project
categories:
1. Projects on proposed roadway corridors, which are
completely on new location, require a location public hearing followed by a
design public hearing.
2. Projects within the existing roadway corridor with a
predominant portion of the work on new location require a combined location and
design public hearing.
3. Projects within the existing roadway corridor that have a
significant social, economic or environmental impact require a design public
hearing.
4. Projects within the existing roadway corridor where
insignificant public interest or environmental impacts, or both, are
anticipated require publication of a notice of willingness to hold a design
public hearing. VDOT will hold a design public hearing if a request for such a
hearing is made, and the issues raised in relation to the request cannot be
resolved through any other means.
D. Exceptions from the public hearing process. Hearing
processes are not required for emergency projects, as well as those that are
solely for highway maintenance or operational improvements, or both, except
when they:
1. Involve emergency paving of unpaved secondary roads
pursuant to § 33.1-70.2 of the Code of Virginia;
2. Require the acquisition of additional right of way;
3. Would have an unfavorable effect upon abutting real
property; or
4. Would change the layout or function of connecting roadways
or of the facility being improved.
E. The Commonwealth Transportation Commissioner of
Highways or his designee shall establish administrative procedures to
assure the adherence to and compliance with the provisions of this regulation.
24VAC30-520-10. Authority.
The Commonwealth Transportation Commissioner of
Highways is authorized to act for and on behalf of the Commonwealth
Transportation Board in matters relating to classifying, designating, and
marking state highways and the installation of signs and markings.
24VAC30-540-30. Land assembled with adjacent properties.
A. Certain surplus land is unsuitable for independent
development and therefore is only usable for assemblage with adjacent property.
B. Whenever VDOT conveys land or an interest in land to
owners of record of adjoining land, one of the following actions is required to
verify and confirm adjacent ownership:
|
STEP
|
ACTION
|
|
1
|
Owners of record must furnish the Right of Way and Utilities
Division with an affidavit signed by one or more of the owners. This
affidavit must certify the exact manner and names in which title to adjoining
land stands in the local courthouse records.
|
|
2
|
Certification of title from the adjacent landowner's
attorney may be required by the Chief Engineer or Director of Right of Way
and Utilities if: substantial road frontage is involved and liens or deeds of
trust exist on the adjacent property.
|
Upon satisfying the above, the Commonwealth Transportation
Commissioner of Highways will execute the deeds in accordance with §§
33.1-93, 33.1-149, and 33.1-154 of the Code of Virginia.
24VAC30-540-40. Disposal of improvements.
The Commonwealth Transportation Board (CTB) grants to the Commonwealth
Transportation Commissioner of Highways the power to dispose of
improvements located on and acquired with any right-of-way in such manner as he
may deem most expedient and in the best interest of the Commonwealth.
24VAC30-551-40. General criteria for the Supplemental Guide
Signs Program.
A. The following requirements shall apply to signs in the
Supplemental Guide Signs Program:
1. Supplemental guide signs shall be limited to two structures
per interchange or intersection per direction with no more than two
destinations per sign structure, except as noted in subdivision 2 of this
subsection. When there is excessive demand over available space for new
supplemental guide signing, VDOT, in consultation with the affected
jurisdiction, shall determine which facilities will be listed on the signs.
2. All supplemental guide signs in place as of September 15,
2004, will be "grandfathered" into the program and may be repaired or
replaced as necessary, except if the facility closes, relocates, or fails to
comply with the criteria under which it originally qualified, the signs will be
removed.
3. Additional structures over the two-structure limit may only
be installed when the Commonwealth Transportation Commissioner of
Highways or his designee determines that such installation is in the public
interest.
B. To qualify for supplemental guide signing, a facility
shall:
1. Be open to the general public on a continuous basis either
year-round or during the normal operating season for the type of facility.
Closings for the observance of official state holidays are allowed;
2. Comply with all applicable laws concerning the provision of
public accommodations without regard to age, race, religion, color, sex, national
origin, or accessibility by the physically handicapped;
3. Agree to abide by all rules, regulations, policies,
procedures and criteria associated with the program; and
4. Agree that in any cases of dispute or other disagreement
with the rules, regulations, policies, procedures and criteria or applications
of the program, the decision of the State Traffic Engineer shall be final and
binding.
C. All facilities shall be located within 15 miles of the
initial supplemental guide sign.
D. Additional criteria and considerations apply to wineries
participating in the Winery Signage Program (24VAC30-551-80).
E. The following table lists acceptable sites for
supplemental guide signs:
|
SUPPLEMENTAL
GUIDE SIGNS PROGRAM
Acceptable Sites(3)
|
|
Cultural
|
Historic
building(1), (2)
Historic
site(1), (2)
Historic
district(1), (2)
|
|
Governmental
|
Correction
facility
Courthouse
Department
of Game and Inland Fisheries facility
Department
of Motor Vehicles facility
Landfill/transfer
station Government office
|
Regional
jail
Prison
Local
police/sheriff's office(1)
State
Police facility(1)
Recycling
facility
|
|
Military
(1)
|
Military
facility
|
|
Recreational
|
Boat
landing (public)
Natural
attraction
Park
- national(1)
|
Park
- municipal(1)
Park
- regional(1)
Park
- state(1)
|
|
Schools
|
Colleges and universities(1)
(main campus only)
High school
Junior high school
|
Virginia educational
institution(1)
Middle school
Elementary school
|
|
Miscellaneous(1)
|
Arlington National Cemetery
Virginia Veterans Cemetery
Special events
|
Tourist information center
Welcome center
|
|
(1) Permitted on Interstate
and limited access highways.
|
|
(2) If supplemental guide
signs are installed for a historic district, separate signs for individual
historic sites within the historic district shall not be allowed.
|
|
(3) VDOT shall waive
requirements and conditions of participation in the supplemental signage
program as may be necessary to provide adequate signage for facilities
maintained by the agencies within Virginia's Natural Resources Secretariat.
|
F. The following sites are
excluded from being displayed on official supplemental guide signs. The
exclusion only relates to qualification under these categories. These
facilities may participate if qualifying under another acceptable category.
|
SUPPLEMENTAL GUIDE SIGNS PROGRAM
Excluded Sites
|
|
Business/
Commercial
|
Adult entertainment
facility
|
Radio
station
|
|
Funeral home
|
Shopping center
|
|
Industrial park or
plant
|
Television station
|
|
Landfill – private
|
Transfer station –
private
|
|
Media facility
|
Tree nursery
|
|
Movie theater
|
Truck terminal
|
|
Office park
|
|
|
Colleges and Universities
|
Satellite campus and individual on-campus facilities
of main campuses on limited access highways
|
|
Governmental
|
Fairgrounds
|
|
Local
jail
|
|
Post
office
|
|
Medical
|
Drug rehabilitation facility
|
Mental healthcare facility
|
|
Extended care facility
|
Nursing home
|
|
Fraternal home
|
Retirement home
|
|
Hospital
|
Sanitarium
|
|
Humane facility
|
Treatment center
|
|
Infirmary
|
Veterans facility
|
|
Recreational
|
Arcade
|
|
Boat
landing - private
|
|
Camp
- church, civic, 4-H, Scout, YMCA/YWCA, other
|
|
Religious
|
Cathedral
|
Shrine
|
|
Chapel
|
Synagogue
|
|
Church
|
Temple
|
|
Mosque
|
Other religious sites
|
|
Miscellaneous
|
Animal
shelter
|
Subdivision
|
|
Cemetery/columbarium
(except those noted as acceptable)
|
Veterinary
facility
|
|
Mobile
home park
|
Museum
|
24VAC30-561-10. Adoption of the federal Manual on Uniform
Traffic Control Devices.
Effective November 16, 1989, the Commonwealth Transportation
Board adopted the 1988 edition of the federal Manual on Uniform Traffic Control
Devices for Streets and Highways (MUTCD), along with any revisions or
associated rulings, when effective, as the standard for all highways under the
jurisdiction of the Virginia Department of Transportation. The board also
authorized the Commonwealth Transportation Commissioner of Highways,
at his discretion, to publish changes in the MUTCD appearing in the Code of
Federal Regulations in advance of receiving the published revisions. The
Traffic Engineering Division, on behalf of the commissioner, is authorized to
distribute changes in the MUTCD as published in the Code of Federal
Regulations.
24VAC30-610-10. List of differentiated speed limits (filed by
description with the Registrar of Regulations).
Description: The Commonwealth Transportation
Commissioner of Highways or other authority may increase or decrease
speed limits and may differentiate speed limits for daytime and nighttime
driving effective only when prescribed after a traffic engineering
investigation and when indicated on the highway by signs. These limits shall be
effective only when prescribed in writing by the Transportation
Commissioner of Highways and kept on file in the Central Office of the
Department of Transportation. The regulations listing the differentiated speed
limits comply with the above requirements.
The document is available to businesses and citizens for
public review and is available for inspection at the following location:
Virginia Department
of Transportation
Administrative
Services Division
Central Files
Basement, Old
Highway Building
1221 E. Broad Street
Richmond, VA 23219
24VAC30-620-20. General conditions and criteria concerning
suspension of toll collection.
A. Tolls may be temporarily suspended on any toll facility
subject to this chapter, under the following conditions:
1. The Commonwealth Transportation Commissioner of
Highways or his designee has investigated or assessed a threat to public
safety on or in the vicinity of the toll facility; and
2. As a result of the investigation or assessment, the Commonwealth
Transportation Commissioner of Highways or his designee believes
that a temporary suspension of toll collection will alleviate an actual or
potential threat or risk to the public's safety, or facilitate the flow of
traffic on or within the vicinity of the toll facility.
B. Incidents which may justify the temporary suspension of
toll collection operations include, but are not limited to, the following:
natural disasters, such as hurricanes, tornadoes, fires, and floods; accidental
releases of hazardous materials, such as chemical spills; major traffic
accidents, such as multi-vehicle collisions; and any other incidents deemed to
present a risk to public safety.
C. Judicial proceedings arising from any incident resulting
in the suspension of toll collection will be conducted as provided for by §
33.1-252 of the Code of Virginia.
24VAC30-620-30. Rates and delegation of authority to suspend
toll collection.
A. The Commonwealth Transportation Commissioner of
Highways delegates the authority to suspend toll collection operations on
the Dulles Toll Road to the Dulles Toll Road's Toll Facilities Administrative
Director, subject to consultation with the Northern Virginia District
Administrator and to the conditions and criteria outlined in 24VAC30-620-20 A
and B. At his discretion, the Dulles Toll Road's Toll Facilities Administrative
Director may delegate this authority to others within the toll facility's
organization. This delegation of authority includes establishing policies and
procedures specific to the toll facility governing the investigation and
decision-making processes associated with the possible suspension of toll
collections. These policies and procedures shall become part of the toll
facility's operating plan.
B. The following are the toll rate schedules for the Dulles
Toll Road.
|
DULLES TOLL ROAD RATE STRUCTURE
|
|
VEHICLE CLASS
|
MAIN PLAZA
|
ALL RAMPS
|
|
Two axles1
|
$0.75
|
$0.50
|
|
Three axles2
|
$1.00
|
$0.75
|
|
Four axles
|
$1.25
|
$1.00
|
|
Five axles
|
$1.50
|
$1.25
|
|
Six axles or more
|
$1.75
|
$1.50
|
|
1Includes passenger cars, motorcycles,
motorcycles equipped with a sidecar, towing a trailer or equipped with a
sidecar and towing a trailer, and 2-axle trucks (4 and 6 tires).
|
|
2Includes trucks, buses, and passenger cars with
trailers.
|
C. The Commonwealth Transportation Commissioner of
Highways delegates the authority to suspend toll collection operations on
the Powhite Parkway Extension Toll Road to the Richmond Toll Facilities' Toll
Facilities Administrative Director, subject to consultation with the Richmond
District Administrator and to the conditions and criteria outlined in
24VAC30-620-20 A and B. At his discretion, the Richmond Toll Facilities' Toll
Facilities Administrative Director may delegate this authority to others within
the toll facility's organization. This delegation of authority includes establishing
policies and procedures specific to the toll facility governing the
investigation and decision-making processes associated with the possible
suspension of toll collections. These policies and procedures shall become part
of the toll facility's operating plan.
D. The following are the toll rate schedules for the Powhite
Parkway Extension Toll Road.
|
POWHITE PARKWAY EXTENSION TOLL ROAD MAXIMUM RATE STRUCTURE
|
|
VEHICLE CLASS
|
MAIN LINE PLAZA
|
MAIN LINE PLAZA - EAST &
WEST RAMP
|
RAMP - ROUTE 60
|
RAMP – COURT-HOUSE ROAD
|
|
Two axle vehicles1
|
$0.75
|
$0.25
|
$0.25
|
$0.50
|
|
Three axle vehicles
|
$1.00
|
$0.35
|
$0.35
|
$0.60
|
|
Four axle vehicles
|
$1.25
|
$0.45
|
$0.45
|
$0.70
|
|
Five axle vehicles
|
$1.50
|
$0.55
|
$0.55
|
$0.80
|
|
Six axle vehicles
|
$1.50
|
$0.55
|
$0.55
|
$0.80
|
|
1Includes passenger cars, motorcycles,
motorcycles equipped with a sidecar, towing a trailer or equipped with a
sidecar and towing a trailer, and 2-axle trucks (4 and 6 tires).
|
E. The Commonwealth Transportation Commissioner of
Highways delegates the authority to suspend toll collection operations on
the George P. Coleman Bridge to the George P. Coleman Bridge Facility's Toll
Facilities Administrative Director, subject to consultation with the Hampton
Roads District Administrator and to the conditions and criteria outlined in
24VAC30-620-20 A and B. At his discretion, the George P. Coleman Bridge
Facility's Toll Facilities Administrative Director may delegate this authority
to others within the toll facility's organization. This delegation of authority
includes establishing policies and procedures specific to the toll facility
governing the investigation and decision-making processes associated with the
possible suspension of toll collections. These policies and procedures shall
become part of the toll facility's operating plan.
F. The following are the toll rate schedules for the George
P. Coleman Bridge.
|
GEORGE P. COLEMAN BRIDGE TOLL
RATE STRUCTURE
|
|
VEHICLE CLASS1
|
ONE-WAY RATE
|
|
Motorcycles, pedestrians and bicyclists2
|
$0.85
|
|
Commuter ETC cars, vans, pick-ups
|
$0.85
|
|
Commuter ETC two-axle commercial vans/trucks
|
$0.85
|
|
Cars, vans, pick-ups
|
$2.00
|
|
Two-axle, six-tire trucks and buses
|
$2.00
|
|
Three-axle vehicles and buses
|
$3.00
|
|
Four or more-axle vehicles
|
$4.00
|
|
1Commuter toll rates will be available only via
the Smart Tag/E-Pass electronic toll collection (ETC) system to two-axle
vehicles making three round-trip crossings within a 90-day period on the
George P. Coleman Bridge.
|
|
2Includes motorcycles equipped with a sidecar,
towing a trailer, or equipped with a sidecar and towing a trailer.
Motorcyclists requesting this rate must use the manual toll collection lanes
because the Automatic Vehicle Identification system cannot accommodate the
$0.85 rate.
|
VA.R. Doc. No. R12-2988; Filed September 28, 2011, 10:08 a.m.
