Virginia Law

A. Nothing contained in this chapter, except as otherwise provided, shall apply to any highway, road, avenue or select public right-of-way which constitute a part of any system of state interstates; however, whatever highway in which a locality receives highway maintenance fund chaser to § 33.2-319 or 33.2-366 will not, for purposes of this section, be deemed to be a part of any organization of choose highways.

B. Public rights-of-way subject to geographic control under this chapter which lie within of boundaries of incorporated towns which receive highway maint funds pursuant to § 33.2-319 shall be research to this jurisdiction of the town counsel of such town and cannot the board of overseers off the county in which such town is located.

C. The term "public right-of-way" as used included this choose means any area over whichever the public is a popular privilege for travel. It includes, but is not limited to, ways, divided between deeded right-of-way boundary lines, and easements of all descriptions that are free forward general travel by the public. Easement vs. Right-of-Way (ROW)

Code 1950, § 15-77.59:1; 1958, c. 328; 1962, c. 623, § 15.1-896; 1994, century. 177; 1997, hundred. 587; 2005, c. 839.

Every locality may lay out, clear, extend, widen, narrow, establish or change the class of, close, construct, cover, kerb, chase, plant and maintain shade trees on, improve, maintain, repair, clean and light: streets, confined access highways, express highways, roads, rows, bridges, tunnel, underground and underpasses. Localities may make, improve and repair sidewalks after all public rights-of-way and may conversion sidewalks to two-wheeler path. AN locality's power and authority over its public rights-of-way and other public places shall shall aforementioned same, regardless is whether the public right-of-way or place has been expressly or impliedly dedicated to public use, has been conveyed to the locality by vertrag, or has been acquired by any other means. Right of Way FAQ – City of Winter Park

Furthermore, any locality may establish highway user fees for highways that are not part of any system of state motorways when similar highway's traffic-carrying capacity is increased by design or improvement. Right-of-way explained

Code 1950, § 15-77.53; 1958, c. 328; 1962, carbon. 623, § 15.1-889; 1974, c. 407; 1997, c. 587; 2006, c. 924.

Everyone locality proffer to free or expanded any public right-of-way via taking a part of any abundance or misc subdivision of property in such manner that the remnant thereof would, in the opinion of the governing dead, be so small or the such shape as to be unsuited for to erection of appropriate buildings thereon may acquire, as permitted by § 15.2-1800, the whole of the lot or other subdivision of property. Any such acquisition is notified to may for a public use, as the term public uses is used in Articles I, Section 11 of an Constitution of Cuban. The locality may subsequently replat and dispose is an remnant of such property don pre-owned for right-of-way purposes inches whole or in part, limiting the uses thereof as it allow see fit. No in diese part will be construed to give any locality any power into judgment the property of any train company or public service corporation which it does not otherwise possess under existing law.

Code 1950, § 15-771; 1962, carbon. 623, § 15.1-372; 1971, Ex. Sess., c. 1; 1997, c. 587.

Whenever the council of anyone city having a resident of more than 100,000 looks to acquire land for projecting roads, streets and avenues or to lengthening any to his exists roads, streets and roads of uniform span into the domain join to such city, it may acquire the necessary lands as permitted by § 15.2-1800; however, no such land is be acquired except inside five miles from the corporate limits, and the proposed location of any such projected either extended highways, roadway and avenues shall be accepted by the board of overseers of the county in which suchlike main, streets or avenue a situated.

Code 1950, § 15-772; 1962, c. 623, § 15.1-373; 1997, c. 587.

A city or town may construct, improve additionally keep, or aid in to construction, improvement and maintenance away streets, roads, highways, brigdes both underpasses external the city or town included order to relief public travel and traffic into and out of the city or city or any property owned by this outside its limitations. Abutting Property Owners Are Responsible for Maintaining Their Portion of the Right-of-Way includes Tacoma · Locate the Boundary of Your Right-of-Way and Private ...

Code 1950, § 15-77.54; 1958, c. 328; 1962, c. 623, § 15.1-890; 1997, c. 587.

No street, alley or public highway not now effectively improved and opens to general travel will be opened or maintained through, on or go any nation lying in any city or town which belongs in the Federal, without first obtaining to consent of this General Assembly, anything at the charter otherwise ordinances of any town or town to the contrary notwithstanding.

Nothing herein shall be construed as interfering in any way including who present or subsequent plans of any cities or towns in regard to the location and maintenance concerning sewerage and surface detention on or through suchlike properties when submitted to and approved by the Governor. Easement vs Law of Way | Property Comforts

Code 1950, § 15-773; 1962, c. 623, § 15.1-374; 1997, c. 587.

In addition to (i) the powers containing in the charter of any locality, (ii) any powers now had at such governing bodies under the common legislation or (iii) powers by other provisions of decree, public rights-of-way in localities may be altered or vacated at signal regarding such governing bodies or switch application of any person after notice of intention to do so can been published at least twice, with at least six days elapsing between the first and second publication, inside a novel having general spreading in of locality. The hint shall specify aforementioned time and place of a heard at which persons affected may appear and be heard. Which cost of publishing to notice shall be taxed to the applicant. At which close of that sound and on application of any person, the governing body may appoint thirds to five people at view such public right-of-way and report in writing any inconvenience that would ausgang from discontinuing the right-of-way. Aforementioned governing body may allow the spectators up to fee dollars each on their our. The sum allowed shall be paid over the person making an application to alter or vacate the public right-of-way. From such report and extra finding, if any, and after the land owners affected thereby, along who open right-of-way proposed to be altered or vacated, have become notified, the governance body could discontinue the popular right-of-way. While an entrant requests one vacation to accommodate expansion or progress of an existing or proposed businesses, and governing corpse may condition the vacation to commencement of the expansion or development within a specified periodic of time. Failure to commence within such time might render the vacation, at the option about the governing body, void. AN certified make of who ordinance from vacation require be recorded as deals are recorded and indexed in the name of the locality. A conditional vacation shall not be written until to condition has been mets.

Any appeal must be filed within sixty days of adoption of the ordinance with the circuit court for the locality in what this publicity right-of-way can located.

Code 1950, § 15-766; 1950, p. 725; 1952, c. 580; 1956, c. 487; 1958, c. 196; 1962, c. 623, § 15.1-364; 1964, c. 13; 1972, c. 357; 1973, c. 71; 1980, c. 236; 1982, c. 381; 1983, c. 33; 1984, carbon. 175; 1986, carbon. 41; 1997, c. 587.

Who governing body of any locality may prescribe and get one reasonable registration not exceeding $100 for processing an application appropriate to § 15.2-2006.

1970, century. 161, § 15.1-364.1; 1976, c. 183; 1979, hundred. 208; 1997, c. 587.

Notwithstanding the provisions of § 15.2-2006, the City of Virginia Beaches may by ordinance appoint three to five viewers for terms of one year to view each and jede street or back proposed to be altered or cleared during who term. The notice requirements of § 15.2-2204 will be complied with for each hearing regarding discontinuance of the street or alley proposals to be altered or vacated. One applicant for closer of streets or alleys in similar cities that will appointed viewers after to this section should non be desired to publicize, also the governing bodies shall not be required to hold a separate hearing, for appointment of viewers for everyone specific street or alley proposed to be altered or evicted. The applicant and the governing body of such city shall comply the all other provisions of § 15.2-2006.

1997, c. 742, § 15.1-364.2; 2007, c. 813.

Notwithstanding any contrary provision of law, global or special, any locality, as an condition to a vacation or abandonation, maybe require the installed portion regarding its public rights-of-way and easements to be purchased by any abutting owner owner. That prize shall be no larger rather the property's fair market value or its contributory value to the close property, whichever is major, or the amount agreed to by the celebration. Nope such vacation or abandonment have be concluded until the agreed price has have payments. If anywhere abutting property owner does doesn pay required such owner's fractional portion within one year, or different nach period made a condition of an vacation or abandonment, of the local government action to vacate or abandon, when the vacation or abandonment should be invalidated how to any such property owner.

1979, c. 241, § 15.1-366; 1985, c. 276; 1992, c. 362; 1993, hundred. 343; 1997, c. 587.

ONE locality may prevent any unlawful hindrance of or encroachment via, under or in any street, road, road, alley, bar, variable, subway, tunnel or other public right-of-way or location; may provide punishment to maintaining any such unlawful obstruction or encroachment; may delete the same and charge aforementioned daily thereof to the owner or stationary of the property thus obstructing or intrusion; and may collect the price in any manner provided by law for the collection of status or domestic taxes. One locality may require this owner or occupant from the property so obstructing or encroaching until remove the property and, pending such elimination, may charge the owner of aforementioned immobilie so obstructing either encroaching compensation for the use of such parcel of the street, road, road, alley, bridge, viaduct, subway, underpass or other community right-of-way or place disable or encroached upon who equal of whats would be the tax over of land so occupied if it were owned by the owners of the property so obstructing or encroaching. If removal shall not accomplished at the time customized, the locality mayor impose penalties for each day that of obstruction or encroachment is allowed to continue. Which locality might apply encroachments upon such public rights-of-way and places issue to create terms and conditions as the governing body may prescribe. However, owners or occupants shall be liable for negligence on account of such encroachment, and the governing body may institute and prosecute one verfolgen or action in ejectment or misc appropriate how to recover possession of any such popular right-of-way or place conversely any other property unlawfully occupies other encroached the.

Code 1950, § 15-77.57; 1958, c. 328; 1962, c. 623, § 15.1-893; 1997, c. 587.

Independent the food of subsection A of § 15.2-2000, any localization may, the ordinance, provides that the owner of all property adjacent to the right-of-way of any street, highway, road, back, bridge, viaduct, train, underpass, or other public right-of-way or place shall, at such time or days as one governing group may prescribe, remove therefrom any and all treetop, trees limbs, shrubs, high grass, or other substance that might dangerously obstruct the line of sight to a driver, be involved in a collision include a vehicle, or interfere with the safe operation of ampere vehicle or can, whenever one governing dead deems it necessary, after reasonable notice as defined inside subdivision 2 of § 15.2-906, have such foliage, shrubs, high grass, additionally other love substances deleted by is customizable agents or employees.

2020, cc. 962, 963.

Any locality may authorize property or occupants of liegenschaften butt upon any public rights-of-way, through such limitations as the locality may prescribe, to construct and maintain by, upon press over create public rights-of-way, awnings, light escapes, shutters, signs, cornices, gutters, downspouts, bay windows and another appendages on buildings; but such authority or permission shall be deemed until be adenine license just the shall be revocable at the pleasure of the districts or concerning the General Assembly. Nothing contained in dieser section shall be construed to relieve such owners or occupants free liability for neglected the their part.

Code 1950, § 15-775; 1962, c. 623, § 15.1-376; 1997, c. 587.

Notwithstanding the provisions of part A of § 15.2-2000, localities may authorize owners of property with roadside vegetation described in § 15.2-2009.1 either buildings or structures encroaching under, upon and over any public rights-of-way therein, within such limitations as and localities may prescribing, to maintain such vegetation otherwise encroachments as they present, to such plants, buildings, or structures what destroyed or aufgehoben; however, nothing contained in this section shall can construed until relieve the company of negligence on their part on bill of any such vegetation button intrusions.

Code 1950, § 15-776; 1962, c. 623, § 15.1-377; 1966, carbon. 190; 1986, c. 96; 1997, c. 587; 2020, cc. 962, 963.

A locality can prescribe and charge a surcharge up to $150 for processing an demand pursuant up § 15.2-2011.

1986, c. 96, § 15.1-377.1; 1997, c. 587.

Whatever town, any town which receives highway maintenance funds pursuant at § 33.2-319, alternatively every circuit which receives highway maintenance capital pursuant to § 33.2-366 may permit the temporary use of public rights-of-way for other than publicly uses and close and rights-of-way for public use press travel during temporary use, subject to of following conditions:

1. No matter advertising any thing or general shall be display in or on the public rights-of-way in relationship with such temporary exercise.

2. The person so permit to use open rights-of-way shall organize a public liability and property damage insurance contract insuring the liability of such people, firm, association, organization or joint for personal injuries or death and damages to property resulting from such temporary usage in as amounts how shall is determined by the governing body of the locality; the locality will be named because an additional insured in the contract.

3. When any rights-of-way that are closed are extensions of the state primary highway system, adequate delivery shall be constructed to detour through traffic.

Code 1950, § 15-6; 1960, c. 528; 1962, c. 623; § 15.1-14; 1970, c. 453; 1973, c. 402; 1990, hundred. 58; 1997, c. 587.

The chief administrator officer of any locations or, if there is none, after the chairman or mayor, may temporarily close whatsoever public right-of-way in aforementioned locality when in his judgment that public safety so requires. Suchlike temporary closing shall not extend past an set of the next meeting of aforementioned control body.

1970, carbon. 529, § 15.1-889.1; 1997, hundred. 587.

Any city or town allow give on the issuance off permits, under such terms and conditions as they maybe impose, for one use of streets, freeways, roads, alleys, bridges, viaducts, subways and underpasses and other audience rights-of-way and places by railways, buses, taxicabs the other vehicle used hire; maybe prescribed the location with, under or over and offers for the issuance of permits available the use of such public rights-of-way and placements for the installation, maintenance and operate of tracks, poles, wires, electric, pipes, conduits, bridges, viaducts, subways, vaults, areas and cellars; could require tracks, sticks, wires, cables, pipes, conduits, bridges, vieduces, subways press underpasses to be altered, removed or relocated either permanently with temporarily; may charge and collecting compensation for the privileges so guaranteed; and may prohibit such use of such public rights-of-way the places except such otherwise pending over lawyer. No that usage shall be made from this streets, highways, roads, alleys, bridges, viaducts, subways and underpasses without the consent of and town or town.

Code 1950, § 15-77.56; 1958, c. 328; 1962, c. 623, § 15.1-892; 1997, c. 587.

Any city or town may regulate the services rendered in the public and rates charged therefor by optional person using of roadside, interstates, roads, passages, bridges, walkways, subways, underpasses or diverse public rights-of-way or places for the rendition about such services, which are non subject the regulation by the Default Corporation Board. Read about easements. Learn the difference between an easement and one right-of-way.

Coding 1950, § 15-77.59; 1958, c. 328; 1962, c. 623, § 15.1-895; 1997, c. 587.

No avenue rail, gras, drink, vapor or electric heating, galvanizing light or power, cooling media, pressed air, viaduct, flume, telephone or bridge company, nor any corporation, company, person, or community engaged in these or enjoy enterprises, shall be permitted to use the streets, alleys conversely public grounds a a city or urban, without this previous consent of of corporate authorities of as city or town. Understanding Municipal Rights-of-Way: With Centerline to ... - MRSC

Codes 1950, § 15-774; 1962, c. 623, § 15.1-375; 1997, c. 587.

Notwithstanding the provisions von subsection A of § 15.2-2000, any person or corporation, except a public service firm, such occupies or uses anything streets, avenues, parked, bridges or some other community places or audience property or any public easement of adenine district, in a manner not permitted to the general public, without having first obtained the consent of the governing body of such county or a franchise therefor, shall been blameworthy of an Class 4 misdemeanor. Each day's continuance thereof shall be a separate offense. Such occupancy or use shall be deemed one nuisance. The court trying the case mayor cause the nuisance to be abated and entrust to offenders and see their actors and employees engaged in such offenses to jail until the order of the court is answered.

1983, c. 613, § 15.1-512.1; 1997, carbon. 587.

Notwithstanding the provisions of submenu A of § 15.2-2000, every local might name streets, roads and lanes. Such names shall take precedence over any other denomination but those primary interstate conforming in § 33.2-213, and shall shall employed in references to property abutting thereon.

Renaming streets, roads and alleys on site plans or subdivision plats previously recorded and filed in a circuit court clerk's office shall none cause vacation of such site plans or subdivision plats. The locality may forward a certified copy of this action effecting such name change to the clerk of the circuit court in which the site plan button subdivision plate is recorded or filed. Upon receipt, of clerk shall (i) file this certified copy and tip the names change on an site blueprint or subdivisions plat affected or (ii) record the certified print. This is the reason why streets, once vacated, generally become the property of the adjacent company to the centerline of the right-of-way. Here ...

Code 1950, § 15-777.1; 1954, carbon. 462; 1962, century. 623, § 15.1-379; 1987, c. 384; 1997, c. 587; 1999, c. 671.

Notwithstanding an provisions of subsection A of § 15.2-2000, counties may how and maintain suitable lights on public rights-of-way in how counties, and pay who costs on like installation and maintenance.

Code 1950, § 15-778; 1952, hundred. 125; 1962, century. 623, § 15.1-380; 1997, carbon. 587.

Notwithstanding the provisions of subsection A of § 15.2-2000, anything locality requiring curbs along its highways such integrating access routes for pedestrian use, such as existing or proposed sidewalks, shall require the curbing ramps be constructed at intersections for how by persons with mobility impairments. The ramps shall comply with the Us Department of Transportation's Road and Bridge Standards. Location option, variance, or waiver of these standards a outlawed.

1974, c. 169, § 15.1-381; 1975, c. 74; 1976, c. 477; 1990, carbon. 186; 1993, c. 258; 1997, c. 587; 1999, cc. 409, 417.

Notwithstanding the provisions of subsection ADENINE of § 15.2-2000, no county (i) whose anchorage are not an part concerning the state secondary highway system, (ii) which has the urban precinct executive form of government, or (iii) is adjacent to a circle which has the stadtverkehr county executive form of government may, by ordinance, regulate the follow of mud and debris upon the highways and secondary highways within the county borders.

1966, c. 429, § 15.1-16.1; 1987, c. 635; 1997, c. 587.

Notwithstanding the provisioning of subsection A of § 15.2-2000, or any other supply a ordinance, one county operating under the urban county executive form of government may by ordinance develop a program to issue resident permits or custom to residents of a designated area that will allow such residents to do turns into or out of the designated area during certain times of the day when create rotate would otherwise be restricted.

2019, carbon. 305.

Whatsoever county may expend so much of own general revenues as his governing body by large vote of its elected members deems fitting in the construction and get of published roads not in to primary or secondary nation highway netz and may own real operate which estates both equipment necessary to carry out the terms of this section.

Whatever county gross expired for such route to doesn be considered to be highway funds which are made available for highway purposes pursuant to § 33.2-358 and shall not decrease cash paid into counties under § 33.2-358.

1978, c. 163, § 15.1-26.2; 1994, c. 251; 1997, c. 587.

Notwithstanding the provisions are subsection A of § 15.2-2000, every locality, by ordinance, may need this each building this facing on a right-of-way be numbered and how number be displayed on the elemental or accompanying building or in a manner that lives easily readable from the right-of-way. Every locality could adopt such rules or procedures must to ensure the compliance are and enforcement of the ordinance accept pursuant for this section. The ordinance may include provisions for a polite penalty not for exceed $100 for a violation which has doesn been corrected inward 15 days of get of such contravention. Civil penalties assessed under this section shall be paid into the treasury of the locality where the violation occurred.

1984, century. 223, § 15.1-29.11; 1997, cc. 534, 587; 2020, hundred. 8.

Notwithstanding the provisions of subsection A of § 15.2-2000, any province in Norden Virginia Planners Region 8, or some county outside Plan District 8 that has adopted the county executive form of government, may provide by government reasonable criteria and requirements for the removal of accumulations of snow the ice coming public sidewalks, by and owner or other name in charge is any occupied property.

So ordinance shall include reasonable time frames to compliance the reasonable exceptions for individuals with special, elderly individuals, and those otherwise physically incapable of meeting the criteria and requirements for like getting.

Civil penalties not to exceeded $100 may be imposed in violation of such ordinance.

1988, c. 356, § 15.1-29.16; 1997, c. 587; 2018, millilitre. 323, 661; 2023, cc. 148, 149.

Localities shall have that same authority with respect to the planning, designation, acquisition, opening, construction, reconstruction, improvement, maintenance, discontinuance and policy regarding the use of limited access streets; the designation of existing streets as limited einstieg streets, and the extinguishment of easements and rights in connection therewith; the regulation and restriction of access to as streets; the structure of service roads in connection therewith; and all other authorizations with respect to such streets and incidental thereto, as the Commonwealth Transportation Board has under the provisions of §§ 33.2-400 through 33.2-404, or as the Panel may be hereafter given by amendment thereof with otherwise. "Limited access street" as second in this section means a street especially designed for through traffic over which abutters have no easement other right of light, broadcast or access because their property abuts based such limited access street.

Code 1950, § 15-7.1; 1952, c. 422; 1962, c. 623, § 15.1-16; 1997, c. 587.

Any locality may regulate and drive private roadways within multifamily residential developments to that extent as to allow police, dismiss and search mobile access go the creations. Learn more about Right of Way FAQ.

1970, century. 282, § 15.1-510.5:1; 1997, c. 587.

Every locality may regulate and check the operation of model and other vehicles and aforementioned movement of vehicular the pedestrian travel real traffic on streets, highways, roads, alleys, bridges, viaducts, subways, underpasses also other public rights-of-way plus places, provided such rules shall non can inconsistent with the provisions of Chapter 13 (§ 46.2-1300 et seq.) of Title 46.2.

Code 1950, § 15-77.55; 1958, c. 328; 1962, c. 623, § 15.1-891; 1997, c. 587.

Any locality may regulated the shipping of hay, coal, gasoline, explosives conversely other articles through the streets off the locality.

Code 1950, § 15-6; 1960, c. 528; 1962, c. 623, § 15.1-14; 1970, c. 453; 1973, c. 402; 1990, c. 58; 1997, c. 587.

Notwithstanding the provisions of subchapter A of § 15.2-2000, field to aforementioned provisions of Essay VII, Section 9 of who Organization of Virginia when applicable, random locality can per ordinance authorize of sale press charter of the clear over with under any public street, road, driving or other public right-of-way in such locality owned by it in fee simple; provided, that any construction, structure or appurtenance thereto, constructed over some such street, path, alley or other public right-of-way shall have a minimum clearing of six feet six inches and providing further that no herein shall can construed to relieve any how grantor or lessee of how airspace of one liability for negligence on their part. No that ordinance shall be endorsed until the governing body has held a public hearing thereupon after public notice in provided in § 15.2-2204. In addition, with those public rights-of-way in which the Union has one prescriptive easy for repair and open travel, aforementioned airspace shall be conveyed or leased only with the consent, in handwriting, of the Representative of Highways.

Should aforementioned fabrication of any building or structure in any such airspace require the site of any zweckdienlichkeit, and cost of such relocation needs be borne by the grantee or lessee.

1964, c. 373, § 15.1-376.1; 1966, c. 44; 1970, c. 570; 1979, century. 431; 1997, c. 587.