33.1-198 - Connections over shoulders of highways for intersecting commercial establishment entrances.
§ 33.1-198. Connections over shoulders of highways for intersectingcommercial establishment entrances.
The Commonwealth Transportation Commissioner shall permit, at places wherecommercial establishment entrances are desired to intersect improvedhighways, suitable connections from such points of intersection over andacross the shoulders and unimproved parts of such highways to the paved orotherwise improved parts thereof that comply with the CommonwealthTransportation Commissioner's access management standards for the location,spacing, and design of entrances, taking into account the operatingcharacteristics and federal functional classification of the highway, so asto provide for the users of such entrances safe and convenient means ofingress and egress with motor vehicles to and from the paved or otherwiseimproved parts of such highways while minimizing the impact of such ingressand egress on the operation of such highways, provided, however, that anyperson desiring such an entrance shall:
1. Be required first to obtain a permit therefor from the CommonwealthTransportation Commissioner;
2. Provide the entrance at his expense;
3. If required by the Commonwealth Transportation Commissioner, provide forthe joint use of the desired entrance with adjacent property owners orprovide evidence of such efforts; and
4. Construct the entrance or have the entrance constructed, including suchsafety structures as are required by the Commonwealth TransportationCommissioner, pursuant to the Department of Transportation's design standardsand "Land Use Permit Manual," the latter of which is filed as part of theVirginia Administrative Code.
All commercial entrances whether or not constructed under this section shallbe maintained by the owner of the premises at all times in a mannersatisfactory to the Commonwealth Transportation Commissioner.
Any person violating the provisions of this section shall be guilty of amisdemeanor, and, upon conviction, shall be fined not less than $5 nor morethan $100 for each offense. Following a conviction and 15 days forcorrection, each day during which the violation continues shall constitute aseparate and distinct offense and be punishable as such. Such person shall becivilly liable to the Commonwealth for actual damage sustained by theCommonwealth by reason of his wrongful act.
(Code 1950, § 33-116.1; 1956, c. 91; 1966, c. 378; 1970, c. 322; 2005, c.645; 2007, cc. 863, 928.)