SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 33.1-70.1 of the Code of Virginia is amended and reenacted as follows:
§ 33.1-70.1. Requesting Department to hard-surface secondary roads; paving of certain secondary roads within existing rights-of-way; designation as Rural Rustic Road.
A. Whenever the governing body of any county, after consultation with personnel
of the Department of Transportation, adopts a resolution requesting the
Department of Transportation to hard-surface any secondary road in such county
that carries fifty 50 or more vehicles per day with a hard surface of width and
strength adequate for such traffic volume, the Department of Transportation shall give consideration
to such resolution in establishing priority in expending the funds allocated to
such county. The Department shall consider the paving of roads with a
right-of-way width of less than forty 40 feet under this subsection when land
is, has been, or can be acquired by gift for the purpose of constructing a hard-surface road.
B. Notwithstanding the provisions of subsection A of this section, any unpaved
secondary road that carries at least fifty 50 but no more than 750 vehicles per
day may be paved or improved and paved within its existing right-of-way or
within a wider right-of-way that is less than forty 40 feet wide if the
following conditions are met:
1. The governing body of the county in which the road is located has requested paving of such road as part of the six-year plan for the county under § 33.1-70.01 and transmitted that request to the Commonwealth Transportation Commissioner.
2. The Commonwealth Transportation Commissioner, after having considered only
(i) the safety of such road in its current condition and in its paved or
improved condition, including the desirability of reduced speed limits and
installation of other warning signs or devices, (ii) the views of the residents
and owners of property adjacent to or served by such road, (iii) the views of
the governing body making the request, (iv) the historical and aesthetic
significance of such road and its surroundings, (v) the availability of any
additional land that has been or may be acquired by gift or other means for the
purpose of paving such road within its existing right-of-way or within a wider
right-of-way that is less than forty 40 feet wide, and (vi) environmental
considerations, shall grant or deny the request for the paving of such road under this subsection.
C. Notwithstanding the provisions of subsections A and B, the governing body of
any county, in consultation with the Department, may designate a road or road
segment as a Rural Rustic Road provided such road or road segment (i) is
located in a low-density development area and has an average daily traffic volume of no
more than 500 vehicles per day and (ii) has a posted speed limit consistent
with the topography and features along the road. For a road or road segment so
designated, improvements shall utilize a paved surface width based on reduced
and flexible standards that leave trees, vegetation, side slopes and open
drainage abutting the roadway undisturbed to the maximum extent possible
without compromising public safety. The Department, in consultation with the
affected local governing body, shall first consider the paving of a road or
road segment meeting the criteria for a Rural Rustic Road in accordance with
this subsection before making a decision to pave it to another standard as set
forth in this section. The provisions of this subsection shall become
effective July 1, 2003.
D. The Commonwealth, its agencies, instrumentalities, departments, officers, and employees acting within the scope of their duties and authority shall be immune for damages by reason of actions taken in conformity with the provisions of this section. Immunity for the governing body of any political subdivision requesting paving under this section and the officers and employees of any such political subdivision shall be limited to that immunity provided pursuant to § 15.2-1405.