{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-266.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-266.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-266.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-266.html"}],"law_id":72826,"edition_id":1,"section_id":72826,"structure_id":13281,"section_number":"33.2-266","catch_line":"Intermittent closing of highways subject to flooding; permits; notice","history":"1976, c. 172, \u00a7 33.1-223.2; 2014, c. 805.","full_text":"A\n\nUpon application of the board of directors of any soil and water conservation district and of the board of supervisors of the county wherein the highway is located, the Department is authorized to permit the intermittent closing of any highway located within the boundaries of such district and county whenever in its judgment it is necessary to do so and when the highway will be intermittently subject to inundation by floodwaters retained by an approved watershed retention structure. All costs associated with such closing shall be borne by the board of supervisors of the county, including the costs of furnishing, erecting, and removing the necessary signs, barricades, signals, and lights to safeguard and direct traffic.B\n\nBefore any permit may be issued for the temporary inundation and closing of such a highway, an application for such permit shall be made to the Department by the board of directors of the soil and water conservation district and the board of supervisors of the county wherein the highway is located. The application shall specify the highway involved and shall request that a permit be granted to the county to allow the intermittent closing of the highway.C\n\nBefore making such application, the board of supervisors of the county wherein such highway is located shall give notice of the proposed action by publication once each week for two consecutive weeks in a newspaper of general circulation in the county, and such notice shall contain a description of the places of beginning and the places of ending of such intermittent closing. In addition to such publication, the board of supervisors of such county shall give notice to all public utilities having facilities located within the rights-of-way of any highway being closed by mailing a copy of such notice to the office of each such public utility located within the county, or if no office is located within the county, then to the office of such utility located nearest to the county. Furthermore, no such application shall be accepted by the Department that does not certify compliance by the applicants with the requirements of publication and notice in the manner prescribed in this section. All costs associated with the application procedure and notice to the public and to public utilities shall be borne by the board of supervisors of the county.D\n\nNot sooner than 30 days after the last publication and not sooner than 30 days after the mailing of such notice, the Department may issue the permit with respect to such highway. Nothing herein contained shall require the Department to issue such a permit when the Department, in its sole discretion, does not consider such intermittent closing of highways to be in the best interest of fulfilling the Department’s duties to the traveling public.","order_by":null,"text":{"0":{"id":262361,"text":"Upon application of the board of directors of any soil and water conservation district and of the board of supervisors of the county wherein the highway is located, the Department is authorized to permit the intermittent closing of any highway located within the boundaries of such district and county whenever in its judgment it is necessary to do so and when the highway will be intermittently subject to inundation by floodwaters retained by an approved watershed retention structure. All costs associated with such closing shall be borne by the board of supervisors of the county, including the costs of furnishing, erecting, and removing the necessary signs, barricades, signals, and lights to safeguard and direct traffic.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":262362,"text":"Before any permit may be issued for the temporary inundation and closing of such a highway, an application for such permit shall be made to the Department by the board of directors of the soil and water conservation district and the board of supervisors of the county wherein the highway is located. The application shall specify the highway involved and shall request that a permit be granted to the county to allow the intermittent closing of the highway.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":262363,"text":"Before making such application, the board of supervisors of the county wherein such highway is located shall give notice of the proposed action by publication once each week for two consecutive weeks in a newspaper of general circulation in the county, and such notice shall contain a description of the places of beginning and the places of ending of such intermittent closing. In addition to such publication, the board of supervisors of such county shall give notice to all public utilities having facilities located within the rights-of-way of any highway being closed by mailing a copy of such notice to the office of each such public utility located within the county, or if no office is located within the county, then to the office of such utility located nearest to the county. Furthermore, no such application shall be accepted by the Department that does not certify compliance by the applicants with the requirements of publication and notice in the manner prescribed in this section. All costs associated with the application procedure and notice to the public and to public utilities shall be borne by the board of supervisors of the county.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":262364,"text":"Not sooner than 30 days after the last publication and not sooner than 30 days after the mailing of such notice, the Department may issue the permit with respect to such highway. Nothing herein contained shall require the Department to issue such a permit when the Department, in its sole discretion, does not consider such intermittent closing of highways to be in the best interest of fulfilling the Department’s duties to the traveling public.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13281,"edition_id":1,"name":"Department of Transportation","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":13136,"metadata":{},"date_created":"2026-06-26 03:44:34","date_modified":"2026-06-26 03:44:34","permalink":{"id":205127,"object_type":"structure","relational_id":13281,"identifier":"4","token":"33.2\/I\/2\/4","url":"\/33.2\/I\/2\/4\/","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":58145,"structure_id":13281,"section_number":"33.2-256","catch_line":"Department of Transportation established","url":"\/33.2-256\/","token":"33.2\/I\/2\/4\/33.2-256","metadata":false},{"id":72511,"structure_id":13281,"section_number":"33.2-257","catch_line":"Repealed","url":"\/33.2-257\/","token":"33.2\/I\/2\/4\/33.2-257","metadata":false},{"id":54273,"structure_id":13281,"section_number":"33.2-257.1","catch_line":"Notice to be provided to property owners of pending transportation projects","url":"\/33.2-257.1\/","token":"33.2\/I\/2\/4\/33.2-257.1","metadata":false},{"id":78170,"structure_id":13281,"section_number":"33.2-258","catch_line":"Environmental permits for highway projects; timely review","url":"\/33.2-258\/","token":"33.2\/I\/2\/4\/33.2-258","metadata":false},{"id":82558,"structure_id":13281,"section_number":"33.2-259","catch_line":"Maintain drainage easements","url":"\/33.2-259\/","token":"33.2\/I\/2\/4\/33.2-259","metadata":false},{"id":63073,"structure_id":13281,"section_number":"33.2-260","catch_line":"Specifications in purchasing lubricating motor oil","url":"\/33.2-260\/","token":"33.2\/I\/2\/4\/33.2-260","metadata":false},{"id":71657,"structure_id":13281,"section_number":"33.2-261","catch_line":"Value engineering required in certain projects","url":"\/33.2-261\/","token":"33.2\/I\/2\/4\/33.2-261","metadata":false},{"id":73048,"structure_id":13281,"section_number":"33.2-262","catch_line":"Removal of snow from driveways of volunteer fire departments and emergency medical services agencies","url":"\/33.2-262\/","token":"33.2\/I\/2\/4\/33.2-262","metadata":false},{"id":71473,"structure_id":13281,"section_number":"33.2-263","catch_line":"School bus stop signs or other indicators","url":"\/33.2-263\/","token":"33.2\/I\/2\/4\/33.2-263","metadata":false},{"id":69854,"structure_id":13281,"section_number":"33.2-264","catch_line":"Livestock on right-of-way of the systems of state highways","url":"\/33.2-264\/","token":"33.2\/I\/2\/4\/33.2-264","metadata":false},{"id":65721,"structure_id":13281,"section_number":"33.2-265","catch_line":"Comprehensive roadside management program","url":"\/33.2-265\/","token":"33.2\/I\/2\/4\/33.2-265","metadata":false},{"id":72826,"structure_id":13281,"section_number":"33.2-266","catch_line":"Intermittent closing of highways subject to flooding; permits; notice","url":"\/33.2-266\/","token":"33.2\/I\/2\/4\/33.2-266","metadata":false},{"id":66431,"structure_id":13281,"section_number":"33.2-267","catch_line":"Family restrooms","url":"\/33.2-267\/","token":"33.2\/I\/2\/4\/33.2-267","metadata":false},{"id":70210,"structure_id":13281,"section_number":"33.2-267.1","catch_line":"Human trafficking hotline; posted notice required","url":"\/33.2-267.1\/","token":"33.2\/I\/2\/4\/33.2-267.1","metadata":false},{"id":72466,"structure_id":13281,"section_number":"33.2-268","catch_line":"Contractor performance bonds for locally administered transportation improvement projects","url":"\/33.2-268\/","token":"33.2\/I\/2\/4\/33.2-268","metadata":false},{"id":54365,"structure_id":13281,"section_number":"33.2-269","catch_line":"Localities may use design-build contracts","url":"\/33.2-269\/","token":"33.2\/I\/2\/4\/33.2-269","metadata":false},{"id":76268,"structure_id":13281,"section_number":"33.2-270","catch_line":"Provide for training of certain local employees","url":"\/33.2-270\/","token":"33.2\/I\/2\/4\/33.2-270","metadata":false},{"id":87122,"structure_id":13281,"section_number":"33.2-271","catch_line":"Maintain property acquired for construction of transportation projects","url":"\/33.2-271\/","token":"33.2\/I\/2\/4\/33.2-271","metadata":false},{"id":82065,"structure_id":13281,"section_number":"33.2-272","catch_line":"Location of landfill gas pipelines in highway right-of-way; Department of Transportation to provide notice to counties","url":"\/33.2-272\/","token":"33.2\/I\/2\/4\/33.2-272","metadata":false},{"id":73070,"structure_id":13281,"section_number":"33.2-272.1","catch_line":"Interstate pipelines; Department of Transportation oversight","url":"\/33.2-272.1\/","token":"33.2\/I\/2\/4\/33.2-272.1","metadata":false},{"id":85036,"structure_id":13281,"section_number":"33.2-273","catch_line":"Use of steel plates in connection with highway repairs","url":"\/33.2-273\/","token":"33.2\/I\/2\/4\/33.2-273","metadata":false},{"id":87152,"structure_id":13281,"section_number":"33.2-274","catch_line":"Application and installation of traffic control measures","url":"\/33.2-274\/","token":"33.2\/I\/2\/4\/33.2-274","metadata":false},{"id":71938,"structure_id":13281,"section_number":"33.2-274.1","catch_line":"Roadside safety devices to be equipped with identification numbers","url":"\/33.2-274.1\/","token":"33.2\/I\/2\/4\/33.2-274.1","metadata":false},{"id":64891,"structure_id":13281,"section_number":"33.2-275","catch_line":"Periodic quantitative rating of certain highways","url":"\/33.2-275\/","token":"33.2\/I\/2\/4\/33.2-275","metadata":false},{"id":81228,"structure_id":13281,"section_number":"33.2-275.1","catch_line":"Primary evacuation routes; public information","url":"\/33.2-275.1\/","token":"33.2\/I\/2\/4\/33.2-275.1","metadata":false},{"id":85734,"structure_id":13281,"section_number":"33.2-276","catch_line":"Noise abatement practices and technologies","url":"\/33.2-276\/","token":"33.2\/I\/2\/4\/33.2-276","metadata":false},{"id":55761,"structure_id":13281,"section_number":"33.2-277","catch_line":"Sale of materials to, and use of equipment by, localities and school boards","url":"\/33.2-277\/","token":"33.2\/I\/2\/4\/33.2-277","metadata":false},{"id":76394,"structure_id":13281,"section_number":"33.2-278","catch_line":"Facilities for persons desiring to fish from bridges","url":"\/33.2-278\/","token":"33.2\/I\/2\/4\/33.2-278","metadata":false},{"id":66176,"structure_id":13281,"section_number":"33.2-279","catch_line":"Use of streams and lowlands obstructed by newly constructed highways as fishponds or water storage areas","url":"\/33.2-279\/","token":"33.2\/I\/2\/4\/33.2-279","metadata":false},{"id":58281,"structure_id":13281,"section_number":"33.2-280","catch_line":"Treatment of highway surfaces for dust control","url":"\/33.2-280\/","token":"33.2\/I\/2\/4\/33.2-280","metadata":false},{"id":73154,"structure_id":13281,"section_number":"33.2-280.1","catch_line":"Charging electronic toll collection device fees","url":"\/33.2-280.1\/","token":"33.2\/I\/2\/4\/33.2-280.1","metadata":false},{"id":67664,"structure_id":13281,"section_number":"33.2-280.2","catch_line":"Utility work database","url":"\/33.2-280.2\/","token":"33.2\/I\/2\/4\/33.2-280.2","metadata":false}],"previous_section":{"id":65721,"structure_id":13281,"section_number":"33.2-265","catch_line":"Comprehensive roadside management program","url":"\/33.2-265\/","token":"33.2\/I\/2\/4\/33.2-265","metadata":false},"next_section":{"id":66431,"structure_id":13281,"section_number":"33.2-267","catch_line":"Family restrooms","url":"\/33.2-267\/","token":"33.2\/I\/2\/4\/33.2-267","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-266\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 172 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 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2014, chapter 805<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":205173,"object_type":"law","relational_id":72826,"identifier":"33.2-266","token":"33.2\/I\/2\/4\/33.2-266","url":"\/33.2-266\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-266\/","token":"33.2\/I\/2\/4\/33.2-266","dublin_core":{"Title":"Intermittent closing of highways subject to flooding; permits; notice","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-266","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon application of the board<\/span> of directors of any soil and water conservation district and of the board<\/span> of supervisors of the county wherein the highway<\/span> is located, the Department<\/span> is authorized to permit the intermittent closing of any highway<\/span> located within the boundaries of such district and county whenever in its judgment<\/span> it is necessary to do so and when the highway<\/span> will be intermittently subject to inundation by floodwaters retained by an approved watershed retention structure. All costs associated with such closing shall be borne by the board<\/span> of supervisors of the county, including the costs of furnishing, erecting, and removing the necessary signs, barricades, signals, and lights to safeguard and direct traffic. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Before any permit may be issued for the temporary inundation and closing of such a highway<\/span>, an application for such permit shall be made to the Department<\/span> by the board<\/span> of directors of the soil and water conservation district and the board<\/span> of supervisors of the county wherein the highway<\/span> is located. The application shall specify the highway<\/span> involved and shall request that a permit be granted to the county to allow the intermittent closing of the highway<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Before making such application, the board<\/span> of supervisors of the county wherein such highway<\/span> is located shall give notice of the proposed action by publication once each week for two consecutive weeks in a newspaper of general circulation in the county, and such notice shall contain a description of the places of beginning and the places of ending of such intermittent closing. In addition to such publication, the board<\/span> of supervisors of such county shall give notice to all public utilities having facilities located within the rights-of-way of any highway<\/span> being closed by mailing a copy of such notice to the office of each such public utility located within the county, or if no office is located within the county, then to the office of such utility located nearest to the county. Furthermore, no such application shall be accepted by the Department<\/span> that does not certify compliance by the applicants with the requirements of publication and notice in the manner prescribed in this section. All costs associated with the application procedure and notice to the public and to public utilities shall be borne by the board<\/span> of supervisors of the county. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Not sooner than 30 days after the last publication and not sooner than 30 days after the mailing of such notice, the Department<\/span> may issue<\/span> the permit with respect to such highway<\/span>. Nothing herein contained shall require the Department<\/span> to issue<\/span> such a permit when the Department<\/span>, in its sole discretion, does not consider such intermittent closing of highways<\/span> to be in the best interest of fulfilling the Department<\/span>’s duties to the traveling public. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINTERMITTENT CLOSING OF HIGHWAYS SUBJECT TO FLOODING; PERMITS; NOTICE (\u00a7\n33.2-266)\n\nA. Upon application of the board of directors of any soil and water conservation\ndistrict and of the board of supervisors of the county wherein the highway is\nlocated, the Department is authorized to permit the intermittent closing of any\nhighway located within the boundaries of such district and county whenever in\nits judgment it is necessary to do so and when the highway will be\nintermittently subject to inundation by floodwaters retained by an approved\nwatershed retention structure. All costs associated with such closing shall be\nborne by the board of supervisors of the county, including the costs of\nfurnishing, erecting, and removing the necessary signs, barricades, signals, and\nlights to safeguard and direct traffic.\n\nB. Before any permit may be issued for the temporary inundation and closing of\nsuch a highway, an application for such permit shall be made to the Department\nby the board of directors of the soil and water conservation district and the\nboard of supervisors of the county wherein the highway is located. The\napplication shall specify the highway involved and shall request that a permit\nbe granted to the county to allow the intermittent closing of the highway.\n\nC. Before making such application, the board of supervisors of the county\nwherein such highway is located shall give notice of the proposed action by\npublication once each week for two consecutive weeks in a newspaper of general\ncirculation in the county, and such notice shall contain a description of the\nplaces of beginning and the places of ending of such intermittent closing. In\naddition to such publication, the board of supervisors of such county shall give\nnotice to all public utilities having facilities located within the\nrights-of-way of any highway being closed by mailing a copy of such notice to\nthe office of each such public utility located within the county, or if no\noffice is located within the county, then to the office of such utility located\nnearest to the county. Furthermore, no such application shall be accepted by the\nDepartment that does not certify compliance by the applicants with the\nrequirements of publication and notice in the manner prescribed in this section.\nAll costs associated with the application procedure and notice to the public and\nto public utilities shall be borne by the board of supervisors of the county.\n\nD. Not sooner than 30 days after the last publication and not sooner than 30\ndays after the mailing of such notice, the Department may issue the permit with\nrespect to such highway. Nothing herein contained shall require the Department\nto issue such a permit when the Department, in its sole discretion, does not\nconsider such intermittent closing of highways to be in the best interest of\nfulfilling the Department’s duties to the traveling public.\n\nHISTORY: 1976, c. 172, \u00a7 33.1-223.2; 2014, c. 805.","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}}