{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2030.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2030.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2030.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2030.html"}],"law_id":81915,"edition_id":1,"section_id":81915,"structure_id":13585,"section_number":"15.2-2030","catch_line":"Localities may sell or lease airspace over public streets, public rights-of-way, etc., under certain conditions","history":"1964, c. 373, \u00a7 15.1-376.1; 1966, c. 44; 1970, c. 570; 1979, c. 431; 1997, c. 587.","full_text":"Notwithstanding the provisions of subsection A of \u00a7 15.2-2000, subject to the provisions of Article VII, Section 9 of the Constitution of Virginia when applicable, any locality may by ordinance authorize the sale or lease of the airspace over or under any public street, lane, alley or other public right-of-way in such locality owned by it in fee simple; provided, that any building, structure or appurtenance thereto, constructed over any such street, lane, alley or other public right-of-way shall have a minimum clearance of sixteen feet six inches and providing further that nothing herein shall be construed to relieve any such grantee or lessee of such airspace of the liability for negligence on their part. No such ordinance shall be adopted until the governing body has held a public hearing thereon after public notice as provided in \u00a7 15.2-2204. In addition, in those public rights-of-way in which the Commonwealth has a prescriptive easement for maintenance and public travel, the airspace shall be conveyed or leased only with the consent, in writing, of the Commissioner of Highways.\n\t\tShould the construction of any building or structure in any such airspace require the relocation of any utility, the cost of such relocation shall be borne by the grantee or lessee.","order_by":null,"text":{"0":{"id":293487,"text":"Notwithstanding the provisions of subsection A of \u00a7 15.2-2000, subject to the provisions of Article VII, Section 9 of the Constitution of Virginia when applicable, any locality may by ordinance authorize the sale or lease of the airspace over or under any public street, lane, alley or other public right-of-way in such locality owned by it in fee simple; provided, that any building, structure or appurtenance thereto, constructed over any such street, lane, alley or other public right-of-way shall have a minimum clearance of sixteen feet six inches and providing further that nothing herein shall be construed to relieve any such grantee or lessee of such airspace of the liability for negligence on their part. No such ordinance shall be adopted until the governing body has held a public hearing thereon after public notice as provided in \u00a7 15.2-2204. In addition, in those public rights-of-way in which the Commonwealth has a prescriptive easement for maintenance and public travel, the airspace shall be conveyed or leased only with the consent, in writing, of the Commissioner of Highways.\n\t\tShould the construction of any building or structure in any such airspace require the relocation of any utility, the cost of such relocation shall be borne by the grantee or lessee.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13585,"edition_id":1,"name":"Miscellaneous","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":13584,"metadata":{},"date_created":"2026-06-26 03:45:19","date_modified":"2026-06-26 03:45:19","permalink":{"id":154263,"object_type":"structure","relational_id":13585,"identifier":"5","token":"15.2\/II\/20\/5","url":"\/15.2\/II\/20\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13584,"edition_id":1,"name":"Streets and Alleys","identifier":"20","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:45:19","date_modified":"2026-06-26 03:45:19","permalink":{"id":154185,"object_type":"structure","relational_id":13584,"identifier":"20","token":"15.2\/II\/20","url":"\/15.2\/II\/20\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":72785,"structure_id":13585,"section_number":"15.2-2015","catch_line":"Use of streets, etc., for transportation and utilities; removal and alteration of facilities and equipment; permits and charges","url":"\/15.2-2015\/","token":"15.2\/II\/20\/5\/15.2-2015","metadata":false},{"id":76427,"structure_id":13585,"section_number":"15.2-2016","catch_line":"Regulation of services and rates charged by person using streets, etc","url":"\/15.2-2016\/","token":"15.2\/II\/20\/5\/15.2-2016","metadata":false},{"id":83597,"structure_id":13585,"section_number":"15.2-2017","catch_line":"Public utilities not to use streets without consent","url":"\/15.2-2017\/","token":"15.2\/II\/20\/5\/15.2-2017","metadata":false},{"id":57642,"structure_id":13585,"section_number":"15.2-2018","catch_line":"Use of certain public property without consent or franchise","url":"\/15.2-2018\/","token":"15.2\/II\/20\/5\/15.2-2018","metadata":false},{"id":65726,"structure_id":13585,"section_number":"15.2-2019","catch_line":"Localities may name streets, roads and alleys","url":"\/15.2-2019\/","token":"15.2\/II\/20\/5\/15.2-2019","metadata":false},{"id":57337,"structure_id":13585,"section_number":"15.2-2020","catch_line":"Lights on public rights-of-way in counties","url":"\/15.2-2020\/","token":"15.2\/II\/20\/5\/15.2-2020","metadata":false},{"id":62626,"structure_id":13585,"section_number":"15.2-2021","catch_line":"Ramps on curbs of certain streets; specifications","url":"\/15.2-2021\/","token":"15.2\/II\/20\/5\/15.2-2021","metadata":false},{"id":76883,"structure_id":13585,"section_number":"15.2-2022","catch_line":"Certain counties may adopt ordinance regulating tracking of mud and debris upon highways","url":"\/15.2-2022\/","token":"15.2\/II\/20\/5\/15.2-2022","metadata":false},{"id":70642,"structure_id":13585,"section_number":"15.2-2022.1","catch_line":"Turns into or out of certain residential areas; resident permits","url":"\/15.2-2022.1\/","token":"15.2\/II\/20\/5\/15.2-2022.1","metadata":false},{"id":68511,"structure_id":13585,"section_number":"15.2-2023","catch_line":"Expenditure of county revenues for certain roads","url":"\/15.2-2023\/","token":"15.2\/II\/20\/5\/15.2-2023","metadata":false},{"id":60241,"structure_id":13585,"section_number":"15.2-2024","catch_line":"Numbers to be displayed on buildings","url":"\/15.2-2024\/","token":"15.2\/II\/20\/5\/15.2-2024","metadata":false},{"id":54552,"structure_id":13585,"section_number":"15.2-2025","catch_line":"Removal of snow and ice; civil penalty","url":"\/15.2-2025\/","token":"15.2\/II\/20\/5\/15.2-2025","metadata":false},{"id":77124,"structure_id":13585,"section_number":"15.2-2026","catch_line":"Limited access streets","url":"\/15.2-2026\/","token":"15.2\/II\/20\/5\/15.2-2026","metadata":false},{"id":58386,"structure_id":13585,"section_number":"15.2-2027","catch_line":"Regulation of private roadways within multifamily residential developments","url":"\/15.2-2027\/","token":"15.2\/II\/20\/5\/15.2-2027","metadata":false},{"id":61297,"structure_id":13585,"section_number":"15.2-2028","catch_line":"Regulation of traffic","url":"\/15.2-2028\/","token":"15.2\/II\/20\/5\/15.2-2028","metadata":false},{"id":65548,"structure_id":13585,"section_number":"15.2-2029","catch_line":"Regulation of transportation of certain materials","url":"\/15.2-2029\/","token":"15.2\/II\/20\/5\/15.2-2029","metadata":false},{"id":81915,"structure_id":13585,"section_number":"15.2-2030","catch_line":"Localities may sell or lease airspace over public streets, public rights-of-way, etc., under certain conditions","url":"\/15.2-2030\/","token":"15.2\/II\/20\/5\/15.2-2030","metadata":false}],"previous_section":{"id":65548,"structure_id":13585,"section_number":"15.2-2029","catch_line":"Regulation of transportation of certain materials","url":"\/15.2-2029\/","token":"15.2\/II\/20\/5\/15.2-2029","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2030\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 373 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1966, chapter 44; in 1970, chapter 570; in 1979, chapter 431; in 1997, chapter 587<\/a>.<\/p>","references":[{"id":82693,"section_number":"15.2-1800","catch_line":"Purchase, sale, use, etc., of real property","order_by":null,"url":"\/15.2-1800\/"},{"id":84718,"section_number":"15.2-734","catch_line":"Purchase, sale, exchange, or lease of real property","order_by":null,"url":"\/15.2-734\/"}],"refers_to":[{"id":67089,"section_number":"15.2-2000","catch_line":"State highway systems excepted; town streets","order_by":null,"url":"\/15.2-2000\/"},{"id":73996,"section_number":"15.2-2204","catch_line":"Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments","order_by":null,"url":"\/15.2-2204\/"}],"permalink":{"id":154329,"object_type":"law","relational_id":81915,"identifier":"15.2-2030","token":"15.2\/II\/20\/5\/15.2-2030","url":"\/15.2-2030\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2030\/","token":"15.2\/II\/20\/5\/15.2-2030","dublin_core":{"Title":"Localities may sell or lease airspace over public streets, public rights-of-way, etc., under certain conditions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2030","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Notwithstanding the provisions of subsection A of \u00a7 15.2-2000<\/a>, subject to the provisions of Article VII, Section 9 of the Constitution of Virginia when applicable, any locality<\/span> may by ordinance<\/span> authorize the sale or lease of the airspace over or under any public street, lane, alley or other public right-of-way in such locality<\/span> owned by it in fee simple; provided, that any building, structure or appurtenance thereto, constructed over any such street, lane, alley or other public right-of-way shall have a minimum clearance of sixteen feet six inches and providing further that nothing herein shall be construed to relieve any such grantee or lessee of such airspace of the liability for negligence<\/span> on their part. No such ordinance<\/span> shall be adopted until the governing body<\/span> has held a public hearing<\/span> thereon after public notice as provided in \u00a7 15.2-2204<\/a>. In addition, in those public rights-of-way in which the Commonwealth has a prescriptive easement for maintenance and public travel, the airspace shall be conveyed or leased only with the consent, in writing, of the Commissioner of Highways.\n\t\tShould the construction of any building or structure in any such airspace require the relocation of any utility, the cost of such relocation shall be borne by the grantee or lessee.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLOCALITIES MAY SELL OR LEASE AIRSPACE OVER PUBLIC STREETS, PUBLIC RIGHTS-OF-WAY,\nETC., UNDER CERTAIN CONDITIONS (\u00a7 15.2-2030)\n\nNotwithstanding the provisions of subsection A of \u00a7 15.2-2000, subject to the\nprovisions of Article VII, Section 9 of the Constitution of Virginia when\napplicable, any locality may by ordinance authorize the sale or lease of the\nairspace over or under any public street, lane, alley or other public\nright-of-way in such locality owned by it in fee simple; provided, that any\nbuilding, structure or appurtenance thereto, constructed over any such street,\nlane, alley or other public right-of-way shall have a minimum clearance of\nsixteen feet six inches and providing further that nothing herein shall be\nconstrued to relieve any such grantee or lessee of such airspace of the\nliability for negligence on their part. No such ordinance shall be adopted until\nthe governing body has held a public hearing thereon after public notice as\nprovided in \u00a7 15.2-2204. In addition, in those public rights-of-way in which\nthe Commonwealth has a prescriptive easement for maintenance and public travel,\nthe airspace shall be conveyed or leased only with the consent, in writing, of\nthe Commissioner of Highways.\n\t\tShould the construction of any building or structure in any such airspace\nrequire the relocation of any utility, the cost of such relocation shall be\nborne by the grantee or lessee.\n\nHISTORY: 1964, c. 373, \u00a7 15.1-376.1; 1966, c. 44; 1970, c. 570; 1979, c. 431;\n1997, c. 587.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}