Whenever any highway is being constructed and the highway is to pass over any stream or lowland the obstruction of which is necessary to such construction or if the present highway construction can be utilized to provide a suitable dam for a fishpond or water storage area, then upon application of the adjacent property owner requesting that it be so used, the Department may permit such use, provided that such dam shall be subject to the provisions of §§ 33.2-409 through 33.2-414 and any additional cost incurred shall be borne by the requesting property owner.

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Terms Used In Virginia Code 33.2-279

  • Department: means the Department of Transportation. See Virginia Code 33.2-100
  • 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
  • highway construction: means highway, passenger and freight rail, or public transportation purposes. See Virginia Code 33.2-100

Code 1950, § 33-123.1; 1952, c. 499; 1970, c. 322, § 33.1-208; 2013, cc. 585, 646; 2014, c. 805.