{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-226.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-226.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-226.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-226.html"}],"law_id":83170,"edition_id":1,"section_id":83170,"structure_id":13137,"section_number":"33.2-226","catch_line":"Authority to lease or convey airspace","history":"1979, c. 431, \u00a7 33.1-183.1; 2013, cc. 585, 646; 2014, c. 805; 2017, c. 278; 2020, cc. 1230, 1275.","full_text":"The Commissioner of Highways may lease or sell and convey the airspace superjacent or subjacent to any highway in the Commonwealth that is within his jurisdiction and in which the Commonwealth owns fee simple title after satisfying itself that use of the airspace will not impair the full use and safety of the highway or otherwise interfere with the free flow of traffic thereon and it cannot be reasonably foreseen as needed in the future for highway and other transit uses and purposes. The Commissioner of Highways may provide in such leases and conveyances of airspace for columns of support, in fee or otherwise, ingress, egress, and utilities.\n\t\tNo lease or conveyance shall be entered into by the Commissioner of Highways unless the locality, by action of its governing body by majority recorded vote, approves the projected use of the airspace in question and has taken such steps as it deems proper to regulate the type and use of the improvements to be erected in such airspace by appropriate zoning or other method of land use control.\n\t\tAll leases and conveyances shall contain those terms deemed necessary by the Commissioner of Highways to protect the interests of the Commonwealth and the public. The Commissioner of Highways may utilize any competitive procurement process authorized by law, including (i) competitive sealed bidding, (ii) competitive negotiation, (iii) best value procurements as defined in \u00a7 2.2-4301, and (iv) public-private partnerships pursuant to the Public-Private Transportation Act of 1995 (\u00a7 33.2-1800 et seq.), as determined by the Commissioner of Highways, in his sole discretion, to be appropriate and the method most likely to achieve the identified goals of the proposed lease or sale and conveyance of airspace. The Commissioner of Highways may reject any bid or offer that he believes is not in the best interest of the Commonwealth.\n\t\tCompensation paid for such leases and conveyances shall be credited to the Priority Transportation Fund established pursuant to \u00a7 33.2-1527.","order_by":null,"text":{"0":{"id":298023,"text":"The Commissioner of Highways may lease or sell and convey the airspace superjacent or subjacent to any highway in the Commonwealth that is within his jurisdiction and in which the Commonwealth owns fee simple title after satisfying itself that use of the airspace will not impair the full use and safety of the highway or otherwise interfere with the free flow of traffic thereon and it cannot be reasonably foreseen as needed in the future for highway and other transit uses and purposes. The Commissioner of Highways may provide in such leases and conveyances of airspace for columns of support, in fee or otherwise, ingress, egress, and utilities.\n\t\tNo lease or conveyance shall be entered into by the Commissioner of Highways unless the locality, by action of its governing body by majority recorded vote, approves the projected use of the airspace in question and has taken such steps as it deems proper to regulate the type and use of the improvements to be erected in such airspace by appropriate zoning or other method of land use control.\n\t\tAll leases and conveyances shall contain those terms deemed necessary by the Commissioner of Highways to protect the interests of the Commonwealth and the public. The Commissioner of Highways may utilize any competitive procurement process authorized by law, including (i) competitive sealed bidding, (ii) competitive negotiation, (iii) best value procurements as defined in \u00a7 2.2-4301, and (iv) public-private partnerships pursuant to the Public-Private Transportation Act of 1995 (\u00a7 33.2-1800 et seq.), as determined by the Commissioner of Highways, in his sole discretion, to be appropriate and the method most likely to achieve the identified goals of the proposed lease or sale and conveyance of airspace. The Commissioner of Highways may reject any bid or offer that he believes is not in the best interest of the Commonwealth.\n\t\tCompensation paid for such leases and conveyances shall be credited to the Priority Transportation Fund established pursuant to \u00a7 33.2-1527.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13137,"edition_id":1,"name":"Commissioner of Highways","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13136,"metadata":{},"date_created":"2026-06-26 03:44:20","date_modified":"2026-06-26 03:44:20","permalink":{"id":204989,"object_type":"structure","relational_id":13137,"identifier":"3","token":"33.2\/I\/2\/3","url":"\/33.2\/I\/2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13136,"edition_id":1,"name":"Transportation Entities","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":13135,"metadata":{},"date_created":"2026-06-26 03:44:20","date_modified":"2026-06-26 03:44:20","permalink":{"id":204875,"object_type":"structure","relational_id":13136,"identifier":"2","token":"33.2\/I\/2","url":"\/33.2\/I\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13135,"edition_id":1,"name":"General Provisions and Transportation Entities","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:44:20","date_modified":"2026-06-26 03:44:20","permalink":{"id":204787,"object_type":"structure","relational_id":13135,"identifier":"I","token":"33.2\/I","url":"\/33.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70893,"structure_id":13137,"section_number":"33.2-222","catch_line":"Commissioner of Highways","url":"\/33.2-222\/","token":"33.2\/I\/2\/3\/33.2-222","metadata":false},{"id":61222,"structure_id":13137,"section_number":"33.2-223","catch_line":"General powers of Commissioner of Highways","url":"\/33.2-223\/","token":"33.2\/I\/2\/3\/33.2-223","metadata":false},{"id":63338,"structure_id":13137,"section_number":"33.2-224","catch_line":"Employees; delegation of responsibilities","url":"\/33.2-224\/","token":"33.2\/I\/2\/3\/33.2-224","metadata":false},{"id":86590,"structure_id":13137,"section_number":"33.2-225","catch_line":"Liaison duties with other organizations","url":"\/33.2-225\/","token":"33.2\/I\/2\/3\/33.2-225","metadata":false},{"id":83170,"structure_id":13137,"section_number":"33.2-226","catch_line":"Authority to lease or convey airspace","url":"\/33.2-226\/","token":"33.2\/I\/2\/3\/33.2-226","metadata":false},{"id":62391,"structure_id":13137,"section_number":"33.2-227","catch_line":"Defense of employees","url":"\/33.2-227\/","token":"33.2\/I\/2\/3\/33.2-227","metadata":false},{"id":81611,"structure_id":13137,"section_number":"33.2-228","catch_line":"Agreements between Commissioner of Highways and certain localities","url":"\/33.2-228\/","token":"33.2\/I\/2\/3\/33.2-228","metadata":false},{"id":85565,"structure_id":13137,"section_number":"33.2-229","catch_line":"Furnishing information regarding right-of-way transactions","url":"\/33.2-229\/","token":"33.2\/I\/2\/3\/33.2-229","metadata":false},{"id":65625,"structure_id":13137,"section_number":"33.2-230","catch_line":"Written notice of decision to dispose of real property","url":"\/33.2-230\/","token":"33.2\/I\/2\/3\/33.2-230","metadata":false},{"id":74466,"structure_id":13137,"section_number":"33.2-231","catch_line":"Establish community service landscaping program","url":"\/33.2-231\/","token":"33.2\/I\/2\/3\/33.2-231","metadata":false},{"id":70228,"structure_id":13137,"section_number":"33.2-232","catch_line":"Biennial reports by Commissioner of Highways and the Office of Intermodal Planning and Investment","url":"\/33.2-232\/","token":"33.2\/I\/2\/3\/33.2-232","metadata":false},{"id":76784,"structure_id":13137,"section_number":"33.2-233","catch_line":"Gathering and reporting of information and statistics","url":"\/33.2-233\/","token":"33.2\/I\/2\/3\/33.2-233","metadata":false},{"id":81809,"structure_id":13137,"section_number":"33.2-234","catch_line":"Construction by state or local employees","url":"\/33.2-234\/","token":"33.2\/I\/2\/3\/33.2-234","metadata":false},{"id":66754,"structure_id":13137,"section_number":"33.2-235","catch_line":"Procurement","url":"\/33.2-235\/","token":"33.2\/I\/2\/3\/33.2-235","metadata":false},{"id":68789,"structure_id":13137,"section_number":"33.2-236","catch_line":" Maps or plats prepared at request and expense of local governing bodies and other groups; Department of Energy to seek other existing sources","url":"\/33.2-236\/","token":"33.2\/I\/2\/3\/33.2-236","metadata":false},{"id":64042,"structure_id":13137,"section_number":"33.2-237","catch_line":"Directional signs for certain educational institutions","url":"\/33.2-237\/","token":"33.2\/I\/2\/3\/33.2-237","metadata":false},{"id":82461,"structure_id":13137,"section_number":"33.2-238","catch_line":"Closing highways for safety of public or proper completion of construction; injury to barriers, signs, etc","url":"\/33.2-238\/","token":"33.2\/I\/2\/3\/33.2-238","metadata":false},{"id":60812,"structure_id":13137,"section_number":"33.2-239","catch_line":"Providing highway detours","url":"\/33.2-239\/","token":"33.2\/I\/2\/3\/33.2-239","metadata":false},{"id":73007,"structure_id":13137,"section_number":"33.2-240","catch_line":"Connections over shoulders of highways for intersecting private roads","url":"\/33.2-240\/","token":"33.2\/I\/2\/3\/33.2-240","metadata":false},{"id":71363,"structure_id":13137,"section_number":"33.2-241","catch_line":"Connections over shoulders of highways for intersecting commercial establishment entrances; penalty","url":"\/33.2-241\/","token":"33.2\/I\/2\/3\/33.2-241","metadata":false},{"id":59722,"structure_id":13137,"section_number":"33.2-242","catch_line":"Replacing entrances destroyed in the repair or construction of highways","url":"\/33.2-242\/","token":"33.2\/I\/2\/3\/33.2-242","metadata":false},{"id":61612,"structure_id":13137,"section_number":"33.2-243","catch_line":"Paying for damages sustained to personal property by reason of work projects, etc","url":"\/33.2-243\/","token":"33.2\/I\/2\/3\/33.2-243","metadata":false},{"id":78327,"structure_id":13137,"section_number":"33.2-244","catch_line":"Removal of snow and ice from public highways by private entities","url":"\/33.2-244\/","token":"33.2\/I\/2\/3\/33.2-244","metadata":false},{"id":72332,"structure_id":13137,"section_number":"33.2-245","catch_line":"Comprehensive highway access management standards","url":"\/33.2-245\/","token":"33.2\/I\/2\/3\/33.2-245","metadata":false},{"id":81160,"structure_id":13137,"section_number":"33.2-246","catch_line":"Recreational waysides; regulations; penalties","url":"\/33.2-246\/","token":"33.2\/I\/2\/3\/33.2-246","metadata":false},{"id":75411,"structure_id":13137,"section_number":"33.2-247","catch_line":"Wetlands mitigation banking","url":"\/33.2-247\/","token":"33.2\/I\/2\/3\/33.2-247","metadata":false},{"id":81124,"structure_id":13137,"section_number":"33.2-248","catch_line":"Expenditure of funds for interstate bridges and approaches","url":"\/33.2-248\/","token":"33.2\/I\/2\/3\/33.2-248","metadata":false},{"id":61311,"structure_id":13137,"section_number":"33.2-249","catch_line":"Maintenance and operation of bridges or tunnels on the city and state line","url":"\/33.2-249\/","token":"33.2\/I\/2\/3\/33.2-249","metadata":false},{"id":63896,"structure_id":13137,"section_number":"33.2-250","catch_line":"Improving certain private roads and certain town streets and roads","url":"\/33.2-250\/","token":"33.2\/I\/2\/3\/33.2-250","metadata":false},{"id":74888,"structure_id":13137,"section_number":"33.2-251","catch_line":"Installation and maintenance of \"children at play\" signs in counties and towns","url":"\/33.2-251\/","token":"33.2\/I\/2\/3\/33.2-251","metadata":false},{"id":61825,"structure_id":13137,"section_number":"33.2-252","catch_line":"Tramways and railways along or across public highways; appeals","url":"\/33.2-252\/","token":"33.2\/I\/2\/3\/33.2-252","metadata":false},{"id":73157,"structure_id":13137,"section_number":"33.2-253","catch_line":"Highway safety corridor program","url":"\/33.2-253\/","token":"33.2\/I\/2\/3\/33.2-253","metadata":false},{"id":54165,"structure_id":13137,"section_number":"33.2-254","catch_line":"Erection and maintenance of newspaper route boxes","url":"\/33.2-254\/","token":"33.2\/I\/2\/3\/33.2-254","metadata":false},{"id":60527,"structure_id":13137,"section_number":"33.2-255","catch_line":"Sale or lease of properties acquired for highway construction","url":"\/33.2-255\/","token":"33.2\/I\/2\/3\/33.2-255","metadata":false}],"previous_section":{"id":86590,"structure_id":13137,"section_number":"33.2-225","catch_line":"Liaison duties with other organizations","url":"\/33.2-225\/","token":"33.2\/I\/2\/3\/33.2-225","metadata":false},"next_section":{"id":62391,"structure_id":13137,"section_number":"33.2-227","catch_line":"Defense of employees","url":"\/33.2-227\/","token":"33.2\/I\/2\/3\/33.2-227","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-226\/","history_text":"<p>This law was first created in 1979. The record of its establishment is cataloged in chapter 431 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 1979 \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 2013, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0585\">585<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0646\">646<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0805\">805<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0278\">278<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1230\">1230<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1275\">1275<\/a>.<\/p>","references":[{"id":64458,"section_number":"33.2-1527","catch_line":"Priority Transportation Fund","order_by":null,"url":"\/33.2-1527\/"}],"refers_to":[{"id":83635,"section_number":"2.2-4301","catch_line":"Definitions","order_by":null,"url":"\/2.2-4301\/"},{"id":64458,"section_number":"33.2-1527","catch_line":"Priority Transportation Fund","order_by":null,"url":"\/33.2-1527\/"},{"id":58174,"section_number":"33.2-1800","catch_line":"Definitions","order_by":null,"url":"\/33.2-1800\/"}],"permalink":{"id":205007,"object_type":"law","relational_id":83170,"identifier":"33.2-226","token":"33.2\/I\/2\/3\/33.2-226","url":"\/33.2-226\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-226\/","token":"33.2\/I\/2\/3\/33.2-226","dublin_core":{"Title":"Authority to lease or convey airspace","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-226","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The <span class=\"dictionary\">Commissioner of Highways<\/span> may lease or sell and convey the airspace superjacent or subjacent to any <span class=\"dictionary\">highway<\/span> in the Commonwealth that is within his <span class=\"dictionary\">jurisdiction<\/span> and in which the Commonwealth owns fee simple title after satisfying itself that use of the airspace will not impair the full use and safety of the <span class=\"dictionary\">highway<\/span> or otherwise interfere with the free flow of traffic thereon and it cannot be reasonably foreseen as needed in the future for <span class=\"dictionary\">highway<\/span> and other transit uses and purposes. The <span class=\"dictionary\">Commissioner of Highways<\/span> may provide in such leases and conveyances of airspace for columns of support, in fee or otherwise, ingress, egress, and utilities.\n\t\tNo lease or conveyance shall be entered into by the <span class=\"dictionary\">Commissioner of Highways<\/span> unless the locality, by action of its governing body by majority recorded vote, approves the projected use of the airspace in question and has taken such steps as it deems proper to regulate the type and use of the improvements to be erected in such airspace by appropriate zoning or other method of land use control.\n\t\tAll leases and conveyances shall contain those terms deemed necessary by the <span class=\"dictionary\">Commissioner of Highways<\/span> to protect the interests of the Commonwealth and the public. The <span class=\"dictionary\">Commissioner of Highways<\/span> may utilize any competitive procurement process authorized by <span class=\"dictionary\">law<\/span>, including (i) competitive <span class=\"dictionary\">sealed<\/span> bidding, (ii) competitive negotiation, (iii) best value procurements as defined in \u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/2.2-4301\/\">2.2-4301<\/a>, and (iv) public-private partnerships pursuant to the Public-Private Transportation Act of 1995 (\u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/33.2-1800\/\">33.2-1800<\/a> et seq.), as determined by the <span class=\"dictionary\">Commissioner of Highways<\/span>, in his sole discretion, to be appropriate and the method most likely to achieve the identified goals of the proposed lease or sale and conveyance of airspace. The <span class=\"dictionary\">Commissioner of Highways<\/span> may reject any bid or offer that he believes is not in the best interest of the Commonwealth.\n\t\tCompensation paid for such leases and conveyances shall be credited to the Priority Transportation Fund established pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Priority Transportation Fund\" href=\"\/33.2-1527\/\">33.2-1527<\/a>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nAUTHORITY TO LEASE OR CONVEY AIRSPACE (\u00a7 33.2-226)\n\nThe Commissioner of Highways may lease or sell and convey the airspace\nsuperjacent or subjacent to any highway in the Commonwealth that is within his\njurisdiction and in which the Commonwealth owns fee simple title after\nsatisfying itself that use of the airspace will not impair the full use and\nsafety of the highway or otherwise interfere with the free flow of traffic\nthereon and it cannot be reasonably foreseen as needed in the future for highway\nand other transit uses and purposes. The Commissioner of Highways may provide in\nsuch leases and conveyances of airspace for columns of support, in fee or\notherwise, ingress, egress, and utilities.\n\t\tNo lease or conveyance shall be entered into by the Commissioner of Highways\nunless the locality, by action of its governing body by majority recorded vote,\napproves the projected use of the airspace in question and has taken such steps\nas it deems proper to regulate the type and use of the improvements to be\nerected in such airspace by appropriate zoning or other method of land use\ncontrol.\n\t\tAll leases and conveyances shall contain those terms deemed necessary by the\nCommissioner of Highways to protect the interests of the Commonwealth and the\npublic. The Commissioner of Highways may utilize any competitive procurement\nprocess authorized by law, including (i) competitive sealed bidding, (ii)\ncompetitive negotiation, (iii) best value procurements as defined in \u00a7\n2.2-4301, and (iv) public-private partnerships pursuant to the Public-Private\nTransportation Act of 1995 (\u00a7 33.2-1800 et seq.), as determined by the\nCommissioner of Highways, in his sole discretion, to be appropriate and the\nmethod most likely to achieve the identified goals of the proposed lease or sale\nand conveyance of airspace. The Commissioner of Highways may reject any bid or\noffer that he believes is not in the best interest of the Commonwealth.\n\t\tCompensation paid for such leases and conveyances shall be credited to the\nPriority Transportation Fund established pursuant to \u00a7 33.2-1527.\n\nHISTORY: 1979, c. 431, \u00a7 33.1-183.1; 2013, cc. 585, 646; 2014, c. 805; 2017, c.\n278; 2020, cc. 1230, 1275.","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}}