Virginia Code 33.2-241: Connections over shoulders of highways for intersecting commercial establishment entrances; penalty.
The Commissioner of Highways shall permit suitable connections from where commercial establishment entrances are desired to intersect improved highways and over and across the shoulders and unimproved parts of such highways to the paved or otherwise improved parts thereof that comply with the access management standards of the Commissioner of Highways for the location, spacing, and design of entrances, taking into account the operating characteristics and federal functional classification of the highway, to provide the users of such entrances safe and convenient means of ingress and egress with motor vehicles to and from the paved or otherwise improved parts of such highways while minimizing the impact of such ingress and egress on the operation of such highways, provided that any person desiring such an entrance shall:
Terms Used In Virginia Code 33.2-241
- Board: means the Commonwealth Transportation Board. See Virginia Code 33.2-100
- Commissioner of Highways: means the individual who serves as the chief executive officer of the Department of Transportation. See Virginia Code 33.2-100
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Transportation. See Virginia Code 33.2-100
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Highway: means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth. See Virginia Code 33.2-100
- Locality: has the meaning assigned to it in § 1-221. See Virginia Code 33.2-100
- Person: includes 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. See Virginia Code 1-230
1. Be required first to obtain a permit therefor from the Commissioner of Highways;
2. Provide the entrance at his expense;
3. If required by the Commissioner of Highways, provide for the joint use of the desired entrance with adjacent property owners or provide evidence of such efforts; and
4. Construct the entrance or have the entrance constructed, including such safety structures as are required by the Commissioner of Highways, pursuant to the Department of Transportation’s design standards and applicable Department regulations concerning access management and applicable Board regulations concerning land use permits.
All commercial entrances whether or not constructed under this section shall be maintained by the owner of the premises at all times in a manner satisfactory to the Commissioner of Highways.
Any person violating the provisions of this section is guilty of a misdemeanor punishable by a fine of not less than $5 nor more than $100 for each offense. Following a conviction and 15 days for correction, each day during which the violation continues shall constitute a separate and distinct offense and be punishable as such. Such person shall be civilly liable to the Commonwealth for actual damage sustained by the Commonwealth by reason of his wrongful act.
The Commissioner of Highways shall document and maintain a list of anyone who has requested an onsite meeting with the resident engineer or his staff. Such list shall also include recommendations made pursuant to the Department of Transportation’s design standards and applicable Department regulations concerning access management and applicable Board regulations concerning land use permits and any associated cost estimates. Such list shall be provided to a locality upon the request of such locality.
Code 1950, § 33-116.1; 1956, c. 91; 1966, c. 378; 1970, c. 322, § 33.1-198; 2005, c. 645; 2007, cc. 863, 928; 2014, c. 805; 2017, c. 542.