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.
§ 33.1-70.1. Requesting Department to hard-surface secondary roads; paving ofcertain secondary roads within existing rights-of-way; designation as RuralRustic Road.
A. Whenever the governing body of any county, after consultation withpersonnel of the Department of Transportation, adopts a resolution requestingthe Department of Transportation to hard-surface any secondary road in suchcounty that carries 50 or more vehicles per day with a hard surface of widthand strength adequate for such traffic volume, the Department ofTransportation shall give consideration to such resolution in establishingpriority in expending the funds allocated to such county. The Departmentshall consider the paving of roads with a right-of-way width of less than 40feet under this subsection when land is, has been, or can be acquired by giftfor the purpose of constructing a hard-surface road.
B. Notwithstanding the provisions of subsection A of this section, anyunpaved secondary road that carries at least 50 but no more than 750 vehiclesper day may be paved or improved and paved within its existing right-of-wayor within a wider right-of-way that is less than 40 feet wide if thefollowing conditions are met:
1. The governing body of the county in which the road is located hasrequested paving of such road as part of the six-year plan for the countyunder § 33.1-70.01 and transmitted that request to the CommonwealthTransportation Commissioner.
2. The Commonwealth Transportation Commissioner, after having considered only(i) the safety of such road in its current condition and in its paved orimproved condition, including the desirability of reduced speed limits andinstallation of other warning signs or devices, (ii) the views of theresidents and owners of property adjacent to or served by such road, (iii)the views of the governing body making the request, (iv) the historical andaesthetic significance of such road and its surroundings, (v) theavailability of any additional land that has been or may be acquired by giftor other means for the purpose of paving such road within its existingright-of-way or within a wider right-of-way that is less than 40 feet wide,and (vi) environmental considerations, shall grant or deny the request forthe paving of such road under this subsection.
C. Notwithstanding the provisions of subsections A and B, the governing bodyof any county, in consultation with the Department, may designate a road orroad segment as a Rural Rustic Road provided such road or road segment islocated in a low-density development area and has an average daily trafficvolume of no more than 1,500 vehicles per day. For a road or road segment sodesignated, improvements shall utilize a paved surface width based on reducedand flexible standards that leave trees, vegetation, side slopes and opendrainage abutting the roadway undisturbed to the maximum extent possiblewithout compromising public safety. The Department, in consultation with theaffected local governing body, shall first consider the paving of a road orroad segment meeting the criteria for a Rural Rustic Road in accordance withthis subsection before making a decision to pave it to another standard asset forth in this section. The provisions of this subsection shall becomeeffective July 1, 2003.
D. The Commonwealth, its agencies, instrumentalities, departments, officers,and employees acting within the scope of their duties and authority shall beimmune for damages by reason of actions taken in conformity with theprovisions of this section. Immunity for the governing body of any politicalsubdivision requesting paving under this section and the officers andemployees of any such political subdivision shall be limited to that immunityprovided pursuant to § 15.2-1405.
(1973, c. 360; 1977, c. 578; 1985, c. 440; 1997, cc. 715, 729; 1999, cc. 306,320; 2001, cc. 355, 366; 2002, c. 414; 2003, c. 599; 2006, c. 546; 2008, c.195.)