{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-1151.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-1151.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-1151.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-1151.1.html"}],"law_id":61910,"edition_id":1,"section_id":61910,"structure_id":13187,"section_number":"2.2-1151.1","catch_line":"Conveyances of right-of-way usage to certain nonpublic service companies by the Department of Transportation","history":"2003, c. 330; 2004, c. 636; 2014, c. 277; 2018, c. 270; 2020, cc. 1026, 1027.","full_text":"A\n\nAs used in this section:\n\t\t\t“Department” means the Virginia Department of Transportation.\n\t\t\t“Developer” means a person who undertakes to develop real estate.\n\t\t\t“Social welfare organization” means an organization as defined in § 501(c)(4) of the Internal Revenue Code.B\n\nNo land use permit shall be issued by the Department to any company other than a public service company as defined in § 56-76, a company owning or operating an interstate natural gas pipeline, a social welfare organization operating a wholesale open-access fiber network, or a franchised cable television systems operator owning or operating a utility line as defined in § 56-265.15, unless such company, organization, or operator has (i) registered as an operator with the appropriate notification center as defined by § 56-265.15 and (ii) notified the commercial and residential developer, owner of commercial, multifamily, or residential real estate, or local government entities with a property interest in any parcel of land located adjacent to the property over which the land use is being requested that application for the permit has been made. Any permit application approved by the Department shall include an affidavit indicating compliance with the registration and notification requirements provided by this subsection.C\n\nThe provisions of subsection B shall not apply to a land use permit issued by the Department to (i) a person providing utility service solely for his own agricultural or residential use, provided that the utilities are located on property owned by the person, or (ii) the owner of a private residence or business for water or sewer service to cross the Department’s right-of-way when no viable alternative exists to provide potable water or to transfer sewer effluent to a qualified drain field. In the case of any application for a land use permit under this subsection, the utilities shall be marked in accord with requirements established by the Department.D\n\nNo performance surety held by the Department in association with a land use permit issued to a company pursuant to subsection B to perform work within the Department’s right-of-way shall be released until such time as all claims against the company associated with the work have been resolved, provided a claimant has notified the Department of a claim against such company within 30 days after completion of the work. A claimant shall have no more than one year after the notification is received by the Department to complete any action against the company associated with the work for which the claim has been made. After the expiration of the one-year period, the Department may release the performance surety.E\n\nNothing in this section shall be construed or interpreted to create a cause of action or administrative claim against the Department.","order_by":null,"text":{"0":{"id":226047,"text":"As used in this section:\n\t\t\t“Department” means the Virginia Department of Transportation.\n\t\t\t“Developer” means a person who undertakes to develop real estate.\n\t\t\t“Social welfare organization” means an organization as defined in § 501(c)(4) of the Internal Revenue Code.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":226048,"text":"No land use permit shall be issued by the Department to any company other than a public service company as defined in § 56-76, a company owning or operating an interstate natural gas pipeline, a social welfare organization operating a wholesale open-access fiber network, or a franchised cable television systems operator owning or operating a utility line as defined in § 56-265.15, unless such company, organization, or operator has (i) registered as an operator with the appropriate notification center as defined by § 56-265.15 and (ii) notified the commercial and residential developer, owner of commercial, multifamily, or residential real estate, or local government entities with a property interest in any parcel of land located adjacent to the property over which the land use is being requested that application for the permit has been made. Any permit application approved by the Department shall include an affidavit indicating compliance with the registration and notification requirements provided by this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":226049,"text":"The provisions of subsection B shall not apply to a land use permit issued by the Department to (i) a person providing utility service solely for his own agricultural or residential use, provided that the utilities are located on property owned by the person, or (ii) the owner of a private residence or business for water or sewer service to cross the Department’s right-of-way when no viable alternative exists to provide potable water or to transfer sewer effluent to a qualified drain field. In the case of any application for a land use permit under this subsection, the utilities shall be marked in accord with requirements established by the Department.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":226050,"text":"No performance surety held by the Department in association with a land use permit issued to a company pursuant to subsection B to perform work within the Department’s right-of-way shall be released until such time as all claims against the company associated with the work have been resolved, provided a claimant has notified the Department of a claim against such company within 30 days after completion of the work. A claimant shall have no more than one year after the notification is received by the Department to complete any action against the company associated with the work for which the claim has been made. After the expiration of the one-year period, the Department may release the performance surety.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":226051,"text":"Nothing in this section shall be construed or interpreted to create a cause of action or administrative claim against the Department.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13187,"edition_id":1,"name":"Division Of Engineering And Buildings","identifier":"4","label":"article","depth":5,"order_by":1,"parent_id":13186,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":172585,"object_type":"structure","relational_id":13187,"identifier":"4","token":"2.2\/I\/C\/11\/4","url":"\/2.2\/I\/C\/11\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13186,"edition_id":1,"name":"Department of General Services","identifier":"11","label":"chapter","depth":4,"order_by":1,"parent_id":13092,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":172461,"object_type":"structure","relational_id":13186,"identifier":"11","token":"2.2\/I\/C\/11","url":"\/2.2\/I\/C\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13092,"edition_id":1,"name":"State Agencies Related to the General Operation of Government","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":172453,"object_type":"structure","relational_id":13092,"identifier":"C","token":"2.2\/I\/C","url":"\/2.2\/I\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60538,"structure_id":13187,"section_number":"2.2-1129","catch_line":"Division of Engineering and Buildings","url":"\/2.2-1129\/","token":"2.2\/I\/C\/11\/4\/2.2-1129","metadata":false},{"id":70867,"structure_id":13187,"section_number":"2.2-1130","catch_line":"Repealed","url":"\/2.2-1130\/","token":"2.2\/I\/C\/11\/4\/2.2-1130","metadata":false},{"id":78119,"structure_id":13187,"section_number":"2.2-1131","catch_line":"Maintenance and utilization standards","url":"\/2.2-1131\/","token":"2.2\/I\/C\/11\/4\/2.2-1131","metadata":false},{"id":74399,"structure_id":13187,"section_number":"2.2-1131.1","catch_line":"Establishment of performance standards for the use of property","url":"\/2.2-1131.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1131.1","metadata":false},{"id":74281,"structure_id":13187,"section_number":"2.2-1132","catch_line":"Administration of capital outlay construction; exception for certain educational institutions","url":"\/2.2-1132\/","token":"2.2\/I\/C\/11\/4\/2.2-1132","metadata":false},{"id":83823,"structure_id":13187,"section_number":"2.2-1133","catch_line":"Use of value engineering","url":"\/2.2-1133\/","token":"2.2\/I\/C\/11\/4\/2.2-1133","metadata":false},{"id":68029,"structure_id":13187,"section_number":"2.2-1134","catch_line":"Repealed","url":"\/2.2-1134\/","token":"2.2\/I\/C\/11\/4\/2.2-1134","metadata":false},{"id":73421,"structure_id":13187,"section_number":"2.2-1135","catch_line":"Information on equipment utilizing wood wastes","url":"\/2.2-1135\/","token":"2.2\/I\/C\/11\/4\/2.2-1135","metadata":false},{"id":55806,"structure_id":13187,"section_number":"2.2-1136","catch_line":"Review of easements; maintenance of records; notification when lease or other agreement for branch office to terminate; report","url":"\/2.2-1136\/","token":"2.2\/I\/C\/11\/4\/2.2-1136","metadata":false},{"id":69292,"structure_id":13187,"section_number":"2.2-1137","catch_line":"Location, construction or lease of state consolidated office buildings","url":"\/2.2-1137\/","token":"2.2\/I\/C\/11\/4\/2.2-1137","metadata":false},{"id":69666,"structure_id":13187,"section_number":"2.2-1138","catch_line":"Planning and construction by Division; exemption","url":"\/2.2-1138\/","token":"2.2\/I\/C\/11\/4\/2.2-1138","metadata":false},{"id":74905,"structure_id":13187,"section_number":"2.2-1139","catch_line":"Transfer of funds; acceptance of donations","url":"\/2.2-1139\/","token":"2.2\/I\/C\/11\/4\/2.2-1139","metadata":false},{"id":58982,"structure_id":13187,"section_number":"2.2-1140","catch_line":"Assignment of office space","url":"\/2.2-1140\/","token":"2.2\/I\/C\/11\/4\/2.2-1140","metadata":false},{"id":55383,"structure_id":13187,"section_number":"2.2-1141","catch_line":"Purchase of furniture for state buildings; repairs to buildings and furniture; surplus furniture","url":"\/2.2-1141\/","token":"2.2\/I\/C\/11\/4\/2.2-1141","metadata":false},{"id":79272,"structure_id":13187,"section_number":"2.2-1142","catch_line":"Furniture for Executive Mansion","url":"\/2.2-1142\/","token":"2.2\/I\/C\/11\/4\/2.2-1142","metadata":false},{"id":68318,"structure_id":13187,"section_number":"2.2-1143","catch_line":"Services for Capitol and other state facilities","url":"\/2.2-1143\/","token":"2.2\/I\/C\/11\/4\/2.2-1143","metadata":false},{"id":83389,"structure_id":13187,"section_number":"2.2-1144","catch_line":"Control of Capitol Square and other property at seat of government","url":"\/2.2-1144\/","token":"2.2\/I\/C\/11\/4\/2.2-1144","metadata":false},{"id":80369,"structure_id":13187,"section_number":"2.2-1145","catch_line":"Inventory of property and Governor's house; custody of house and property pending election of Governor","url":"\/2.2-1145\/","token":"2.2\/I\/C\/11\/4\/2.2-1145","metadata":false},{"id":69630,"structure_id":13187,"section_number":"2.2-1146","catch_line":"Department may lease certain state property; approval of leases by Attorney General; disposition of rentals","url":"\/2.2-1146\/","token":"2.2\/I\/C\/11\/4\/2.2-1146","metadata":false},{"id":68138,"structure_id":13187,"section_number":"2.2-1147","catch_line":"Definitions","url":"\/2.2-1147\/","token":"2.2\/I\/C\/11\/4\/2.2-1147","metadata":false},{"id":83183,"structure_id":13187,"section_number":"2.2-1147.1","catch_line":"Right to breast-feed","url":"\/2.2-1147.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1147.1","metadata":false},{"id":84623,"structure_id":13187,"section_number":"2.2-1147.2","catch_line":"Equal access to state-owned or controlled property; Boy Scouts of America and Girl Scouts of the USA","url":"\/2.2-1147.2\/","token":"2.2\/I\/C\/11\/4\/2.2-1147.2","metadata":false},{"id":55227,"structure_id":13187,"section_number":"2.2-1147.3","catch_line":"Baby changing facilities in restrooms located in public buildings","url":"\/2.2-1147.3\/","token":"2.2\/I\/C\/11\/4\/2.2-1147.3","metadata":false},{"id":62145,"structure_id":13187,"section_number":"2.2-1148","catch_line":"Approval of actions; conveyances in name of the Commonwealth","url":"\/2.2-1148\/","token":"2.2\/I\/C\/11\/4\/2.2-1148","metadata":false},{"id":75383,"structure_id":13187,"section_number":"2.2-1149","catch_line":"Department to review proposed acquisitions of real property; approval by the Governor; exceptions","url":"\/2.2-1149\/","token":"2.2\/I\/C\/11\/4\/2.2-1149","metadata":false},{"id":86857,"structure_id":13187,"section_number":"2.2-1150","catch_line":"Conveyance and transfers of real property by state agencies; approval of Governor and Attorney General; notice to members of General Assembly","url":"\/2.2-1150\/","token":"2.2\/I\/C\/11\/4\/2.2-1150","metadata":false},{"id":72440,"structure_id":13187,"section_number":"2.2-1150.1","catch_line":"Lease or conveyance of any interest in State Police communication tower","url":"\/2.2-1150.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1150.1","metadata":false},{"id":55008,"structure_id":13187,"section_number":"2.2-1150.2","catch_line":"Use of communication towers for deployment of wireless broadband services in unserved areas of the Commonwealth","url":"\/2.2-1150.2\/","token":"2.2\/I\/C\/11\/4\/2.2-1150.2","metadata":false},{"id":67988,"structure_id":13187,"section_number":"2.2-1150.3","catch_line":"Lease of state military reservation property","url":"\/2.2-1150.3\/","token":"2.2\/I\/C\/11\/4\/2.2-1150.3","metadata":false},{"id":84461,"structure_id":13187,"section_number":"2.2-1151","catch_line":"Conveyance of easements and appurtenances thereto to cable television companies, utility companies, public service companies, political subdivisions by state departments, agencies or institutions; communication towers; telecommunications companies","url":"\/2.2-1151\/","token":"2.2\/I\/C\/11\/4\/2.2-1151","metadata":false},{"id":61910,"structure_id":13187,"section_number":"2.2-1151.1","catch_line":"Conveyances of right-of-way usage to certain nonpublic service companies by the Department of Transportation","url":"\/2.2-1151.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1151.1","metadata":false},{"id":78788,"structure_id":13187,"section_number":"2.2-1152","catch_line":"Conveyances to Department of Transportation by state institutions or public corporations owned by Commonwealth","url":"\/2.2-1152\/","token":"2.2\/I\/C\/11\/4\/2.2-1152","metadata":false},{"id":58899,"structure_id":13187,"section_number":"2.2-1153","catch_line":"State agencies and institutions to notify Department of property not used or required; criteria","url":"\/2.2-1153\/","token":"2.2\/I\/C\/11\/4\/2.2-1153","metadata":false},{"id":63729,"structure_id":13187,"section_number":"2.2-1154","catch_line":"State departments, agencies, and institutions to inquire of Department before acquiring land for capital improvements","url":"\/2.2-1154\/","token":"2.2\/I\/C\/11\/4\/2.2-1154","metadata":false},{"id":63598,"structure_id":13187,"section_number":"2.2-1155","catch_line":"Temporary transfer of use of property between state departments, agencies, and institutions; lease to private entities","url":"\/2.2-1155\/","token":"2.2\/I\/C\/11\/4\/2.2-1155","metadata":false},{"id":60488,"structure_id":13187,"section_number":"2.2-1156","catch_line":"Sale or lease of surplus property and excess building space","url":"\/2.2-1156\/","token":"2.2\/I\/C\/11\/4\/2.2-1156","metadata":false},{"id":58405,"structure_id":13187,"section_number":"2.2-1157","catch_line":" Exploration for and extraction of minerals on state-owned uplands","url":"\/2.2-1157\/","token":"2.2\/I\/C\/11\/4\/2.2-1157","metadata":false},{"id":74414,"structure_id":13187,"section_number":"2.2-1158","catch_line":"Management, harvesting and sale of timber on lands under control of Division","url":"\/2.2-1158\/","token":"2.2\/I\/C\/11\/4\/2.2-1158","metadata":false},{"id":54202,"structure_id":13187,"section_number":"2.2-1159","catch_line":"Facilities for persons with physical disabilities in certain buildings; definitions; construction standards; waiver; temporary buildings","url":"\/2.2-1159\/","token":"2.2\/I\/C\/11\/4\/2.2-1159","metadata":false},{"id":79200,"structure_id":13187,"section_number":"2.2-1160","catch_line":"Facilities for persons with physical disabilities; what buildings to be constructed in accordance with standards","url":"\/2.2-1160\/","token":"2.2\/I\/C\/11\/4\/2.2-1160","metadata":false},{"id":76476,"structure_id":13187,"section_number":"2.2-1161","catch_line":"Buildings not in conformance with standards for persons with physical disabilities","url":"\/2.2-1161\/","token":"2.2\/I\/C\/11\/4\/2.2-1161","metadata":false},{"id":81556,"structure_id":13187,"section_number":"2.2-1161.1","catch_line":"Code Adam alerts in public buildings","url":"\/2.2-1161.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1161.1","metadata":false}],"previous_section":{"id":84461,"structure_id":13187,"section_number":"2.2-1151","catch_line":"Conveyance of easements and appurtenances thereto to cable television companies, utility companies, public service companies, political subdivisions by state departments, agencies or institutions; communication towers; telecommunications companies","url":"\/2.2-1151\/","token":"2.2\/I\/C\/11\/4\/2.2-1151","metadata":false},"next_section":{"id":78788,"structure_id":13187,"section_number":"2.2-1152","catch_line":"Conveyances to Department of Transportation by state institutions or public corporations owned by Commonwealth","url":"\/2.2-1152\/","token":"2.2\/I\/C\/11\/4\/2.2-1152","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-1151.1\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 330<\/a> 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. 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 2004, chapter 636<\/a>; in 2014, chapter 277<\/a>; in 2018, chapter 270<\/a>; in 2020, chapters 1026<\/a> and 1027<\/a>.<\/p>","references":false,"refers_to":[{"id":58284,"section_number":"56-265.15","catch_line":"Definitions; calculation of time periods","order_by":null,"url":"\/56-265.15\/"},{"id":58706,"section_number":"56-76","catch_line":"Definitions","order_by":null,"url":"\/56-76\/"}],"permalink":{"id":172707,"object_type":"law","relational_id":61910,"identifier":"2.2-1151.1","token":"2.2\/I\/C\/11\/4\/2.2-1151.1","url":"\/2.2-1151.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-1151.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1151.1","dublin_core":{"Title":"Conveyances of right-of-way usage to certain nonpublic service companies by the Department of Transportation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-1151.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Department<\/span>” means the Virginia Department<\/span> of Transportation.\n\t\t\t“Developer<\/span>” means a person who undertakes to develop real estate.\n\t\t\t“Social welfare organization<\/span>” means an organization as defined in § 501(c)(4) of the Internal Revenue Code. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No land use permit shall be issued by the Department<\/span> to any company other than a public service company as defined in § 56-76<\/a>, a company owning or operating an interstate natural gas pipeline, a social welfare organization<\/span> operating a wholesale open-access fiber network, or a franchised cable television systems operator owning or operating a utility line as defined in § 56-265.15<\/a>, unless such company, organization, or operator has (i) registered as an operator with the appropriate notification center as defined by § 56-265.15<\/a> and (ii) notified the commercial and residential developer<\/span>, owner of commercial, multifamily, or residential real estate, or local government entities with a property interest in any parcel of land located adjacent to the property over which the land use is being requested that application for the permit has been made. Any permit application approved by the Department<\/span> shall include an affidavit<\/span> indicating compliance with the registration and notification requirements provided by this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of subsection B shall not apply to a land use permit issued by the Department<\/span> to (i) a person providing utility service solely for his own agricultural or residential use, provided that the utilities are located on property owned by the person, or (ii) the owner of a private residence or business for water or sewer service to cross the Department<\/span>’s right-of-way when no viable alternative exists to provide potable water or to transfer sewer effluent to a qualified drain field. In the case of any application for a land use permit under this subsection, the utilities shall be marked in accord with requirements established by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No performance surety<\/span> held by the Department<\/span> in association with a land use permit issued to a company pursuant to subsection B to perform work within the Department<\/span>’s right-of-way shall be released until such time as all claims against the company associated with the work have been resolved, provided a claimant has notified the Department<\/span> of a claim against such company within 30 days after completion of the work. A claimant shall have no more than one year after the notification is received by the Department<\/span> to complete any action against the company associated with the work for which the claim has been made. After the expiration of the one-year period, the Department<\/span> may release the performance surety<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall be construed or interpreted to create a cause of action<\/span> or administrative claim against the Department<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONVEYANCES OF RIGHT-OF-WAY USAGE TO CERTAIN NONPUBLIC SERVICE COMPANIES BY THE\nDEPARTMENT OF TRANSPORTATION (\u00a7 2.2-1151.1)\n\nA. As used in this section:\n\t\t\t“Department” means the Virginia Department of Transportation.\n\t\t\t“Developer” means a person who undertakes to develop real estate.\n\t\t\t“Social welfare organization” means an organization as defined in\n§ 501(c)(4) of the Internal Revenue Code.\n\nB. No land use permit shall be issued by the Department to any company other\nthan a public service company as defined in § 56-76, a company owning or\noperating an interstate natural gas pipeline, a social welfare organization\noperating a wholesale open-access fiber network, or a franchised cable\ntelevision systems operator owning or operating a utility line as defined in\n§ 56-265.15, unless such company, organization, or operator has (i)\nregistered as an operator with the appropriate notification center as defined by\n§ 56-265.15 and (ii) notified the commercial and residential developer,\nowner of commercial, multifamily, or residential real estate, or local\ngovernment entities with a property interest in any parcel of land located\nadjacent to the property over which the land use is being requested that\napplication for the permit has been made. Any permit application approved by the\nDepartment shall include an affidavit indicating compliance with the\nregistration and notification requirements provided by this subsection.\n\nC. The provisions of subsection B shall not apply to a land use permit issued by\nthe Department to (i) a person providing utility service solely for his own\nagricultural or residential use, provided that the utilities are located on\nproperty owned by the person, or (ii) the owner of a private residence or\nbusiness for water or sewer service to cross the Department’s right-of-way\nwhen no viable alternative exists to provide potable water or to transfer sewer\neffluent to a qualified drain field. In the case of any application for a land\nuse permit under this subsection, the utilities shall be marked in accord with\nrequirements established by the Department.\n\nD. No performance surety held by the Department in association with a land use\npermit issued to a company pursuant to subsection B to perform work within the\nDepartment’s right-of-way shall be released until such time as all claims\nagainst the company associated with the work have been resolved, provided a\nclaimant has notified the Department of a claim against such company within 30\ndays after completion of the work. A claimant shall have no more than one year\nafter the notification is received by the Department to complete any action\nagainst the company associated with the work for which the claim has been made.\nAfter the expiration of the one-year period, the Department may release the\nperformance surety.\n\nE. Nothing in this section shall be construed or interpreted to create a cause\nof action or administrative claim against the Department.\n\nHISTORY: 2003, c. 330; 2004, c. 636; 2014, c. 277; 2018, c. 270; 2020, cc. 1026,\n1027.","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}}