33.1-75.3 - Construction and improvement of primary or secondary highways by counties.
§ 33.1-75.3. Construction and improvement of primary or secondary highways bycounties.
A. Notwithstanding any other provisions of this article, the governing bodyof any county may expend general revenues or revenues derived from the saleof bonds for the purpose of constructing or improving highways, includingcurbs, gutters, drainageways, sound barriers, sidewalks, and all otherfeatures or appurtenances conducive to the public safety and convenience,which either have been or may be taken into the primary or secondary systemof state highways. Project planning and the acquisition of rights-of-wayshall be under the control and at the direction of the county, subject to theapproval of project plans and specifications by the Department ofTransportation. All costs incurred by the Department of Transportation inadministering such contracts shall be reimbursed from the county's generalrevenues or from revenues derived from the sale of bonds or such costs may becharged against the funds which the county may be entitled to under theprovisions of § 33.1-23.1, 33.1-23.2 or 33.1-23.4.
B. Projects undertaken under the authority of subsection A of this sectionshall not diminish the funds to which a county may be entitled under theprovisions of § 33.1-23.1, 33.1-23.2, 33.1-23.4, or 33.1-23.05.
C. At the request of the county, the Department of Transportation may agreeto undertake the design, right-of-way acquisition or construction of projectsfunded by the county. In such situations, the Department of Transportationand the county will enter into an agreement specifying all relevantprocedures and responsibilities concerning the design, right-of-wayacquisition, construction or contract administration of projects to be fundedby the county. The county will reimburse the Department of Transportation forall costs incurred by the Department in carrying out the aforesaid activitiesfrom general revenues or revenues derived from the sale of bonds.
D. Notwithstanding any contrary provision of law, any county may undertakeactivities towards the design, land acquisition, or construction of primaryor secondary highway projects that have been included in the six-year planpursuant to § 33.1-70.01, or in the case of a primary highway, an approvedproject included in the six-year improvement program of the CommonwealthTransportation Board. In such situations, the Department of Transportationand the county shall enter into an agreement specifying all relevantprocedures and responsibilities concerning the design, right-of-wayacquisition, construction, or contract administration of projects to befunded by the Department. Such activities shall be undertaken with the priorconcurrence of the Department of Transportation, and the Department shallreimburse the county for expenses incurred in carrying out these activities.Such reimbursement shall be derived from primary or secondary highway fundswhich the county may be entitled to under the provisions of this chapter. Thecounty may undertake these activities in accordance with all applicablecounty procedures, provided the Commissioner finds that those countyprocedures are substantially similar to departmental procedures andspecifications.
E. If funding for the construction of a primary or interstate project isscheduled in the Commonwealth Transportation Board's Six-Year ImprovementProgram as defined in § 33.1-12, a locality may choose to advance funds tothe project. If such advance is offered, the Board may consider such requestand agree to such advancement and the subsequent reimbursement of thelocality of the advance in accordance with terms agreed upon by the Board orits designee and the locality.
F. Any county carrying out any construction project as authorized in thissection may, in so doing, exercise the powers granted the CommonwealthTransportation Commissioner under Article 7 (§ 33.1-89 et seq.) of thischapter to enter property for the purpose of making an examination and surveythereof, with a view to ascertainment of its suitability for highway purposesand any other purpose incidental thereto.
G. For the purposes of this section, any county without an existing franchiseagreement, when administering a Department-sanctioned project under aland-use permit or transportation project agreement, shall have the sameauthority as the Department pertaining to the relocation of utilities.
H. Whenever so requested by any county, funding of any project undertaken asprovided in this section may be supplemented solely by state funds in orderto avoid the necessity of complying with additional federal requirements,provided a determination has been made by the Department that (i) adequatestate funds are available to fully match available federal transportationfunds and (ii) the Department can meet its federal obligation authority, aspermitted by federal law.
(1981, c. 321; 1982, c. 218; 1983, cc. 321, 325; 1984, c. 127; 1985, c. 562;1988, c. 654; 1989, c. 143; 1990, c. 36; 1995, c. 105; 1998, cc. 334, 341,342; 2000, c. 88; 2003, c. 303; 2005, c. 342; 2006, cc. 115, 827.)