{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-319.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-319.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-319.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-319.html"}],"law_id":56954,"edition_id":1,"section_id":56954,"structure_id":13284,"section_number":"33.2-319","catch_line":"Payments to cities and certain towns for maintenance of certain highways","history":"1985, c. 42, \u00a7 33.1-41.1; 1991, c. 353; 1992, c. 267; 1994, c. 459; 1996, cc. 149, 821; 1997, c. 49; 1998, c. 441; 2000, c. 97; 2002, c. 673; 2004, c. 118; 2007, c. 813; 2011, cc. 434, 493; 2014, c. 805; 2015, cc. 684, 722; 2017, c. 534; 2020, c. 645.","full_text":"A\n\nThe Commissioner of Highways, subject to the approval of the Board, shall make payments for maintenance, construction, or reconstruction of highways to all cities and towns eligible for funds under this section. Such payments, however, shall only be made if those highways functionally classified as principal and minor arterial roads are maintained to a standard satisfactory to the Department. Whenever any city or town qualifies under this section for allocation of funds, such qualification shall continue to apply to such city or town regardless of any subsequent change in population and shall cease to apply only when so specifically provided by an act of the General Assembly.\n\t\t\tFunds are allocated to urban highways in (i) all towns that have a population of more than 3,500 according to the last preceding United States census; (ii) all towns that, according to evidence satisfactory to the Board, have attained a population of more than 3,500 since the last preceding United States census; (iii) Chase City, Elkton, Grottoes, Narrows, Pearisburg, and Saltville, which, on June 30, 1985, maintained certain streets under former § 33.1-80 as then in effect; (iv) all cities regardless of their populations; and (v) the Towns of Altavista, Dublin, Lebanon, and Wise.B\n\nNo payments shall be made to any such city or town unless the portion of the highway for which such payment is made either (i) has (a) an unrestricted right-of-way at least 50 feet wide and (b) a hard-surface width of at least 30 feet; (ii) has (a) an unrestricted right-of-way at least 80 feet wide, (b) a hard-surface width of at least 24 feet, and (c) approved engineering plans for the ultimate construction of an additional hard-surface width of at least 24 feet within the same right-of-way; (iii)(a) is a cul-de-sac, (b) has an unrestricted right-of-way at least 40 feet wide, and (c) has a turnaround that meets applicable standards set by the Department; (iv) either (a) has been paved and has constituted part of the primary or secondary state highway system prior to annexation or incorporation or (b) has constituted part of the secondary state highway system prior to annexation or incorporation and is paved to a minimum width of 16 feet subsequent to such annexation or incorporation and with the further exception of streets or portions thereof that have previously been maintained under the provisions of § 33.2-339 or 33.2-340; (v) was eligible for and receiving such payments under the laws of the Commonwealth in effect on June 30, 1985; (vi) is a street established prior to July 1, 1950, that has an unrestricted right-of-way width of not less than 30 feet and a hard-surface width of not less than 16 feet; (vii) is a street functionally classified as a local street that was constructed on or after January 1, 1996, and that at the time of approval by the city or town met the criteria for pavement width and right-of-way of the then-current design standards for subdivision streets as set forth in regulations adopted by the Board; (viii) is a street previously eligible to receive street payments that is located in the City of Norfolk or the City of Richmond and is closed to public travel, pursuant to legislation enacted by the governing body of the locality in which it is located, for public safety reasons, within the boundaries of a publicly funded housing development owned and operated by the local housing authority; or (ix) is a local street, otherwise eligible, containing one or more physical protuberances placed within the right-of-way for the purpose of controlling the speed of traffic.\n\t\t\tHowever, the Commissioner of Highways may waive the requirements as to hard-surface pavement or right-of-way width for highways where the width modification is at the request of the governing body of the locality and is to protect the quality of the affected locality’s drinking water supply or, for highways constructed on or after July 1, 1994, to accommodate some other special circumstance where such action would not compromise the health, safety, or welfare of the public. The modification is subject to such conditions as the Commissioner of Highways may prescribe.C\n\nFor the purpose of calculating allocations and making payments under this section, the Department shall divide affected highways into two categories, which shall be distinct from but based on functional classifications established by the Federal Highway Administration: (i) principal and minor arterial roads and (ii) collector roads and local streets. Payments made to affected localities shall be based on the number of moving-lane-miles of highways or portions thereof available to peak-hour traffic in that locality.D\n\nAny city converting an existing moving-lane that qualifies for payments under this section to a transit-only lane after July 1, 2014, shall remain eligible for such payments but shall not receive additional funds as a result of such conversion. Any city or town converting an existing moving-lane that qualifies for payments under this section to a bicycle-only lane after July 1, 2014, shall remain eligible for such payments, provided that (i) the number of moving-lane-miles converted is not more than 50 moving-lane-miles or three percent of the city’s or town’s total number of moving-lane-miles on July 1, 2014, whichever is less, and (ii) prior to any such conversion, the city or town certifies that the conversion design has been assessed by a professional engineer licensed in the Commonwealth pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 and that the assessment has demonstrated that (a) the level of service of the street to be converted will not be reduced or if it will be reduced that the associated roadway network will retain adequate capacity to meet current and future mobility needs of all users and (b) the conversion has been designed in accordance with the National Association of City Transportation Officials’ Urban Bikeway Design Guide. Any such city or town shall not receive additional funds as a result of such conversion to a bicycle-only lane and shall annually expend funds on road and street maintenance and operations that are at least equal to funds spent on road and street maintenance and operations in the year prior to such conversion. For purposes of this subsection, “level of service” has the meaning provided in the Transportation Research Board’s Highway Capacity Manual.E\n\nThe Department shall recommend to the Board an annual rate per category to be computed using the base rate of growth planned for the Department’s Highway Maintenance and Operations program. The Board shall establish the annual rates of such payments as part of its allocation for such purpose, and the Department shall use those rates to calculate and put into effect annual changes in each qualifying city’s or town’s payment under this section.\n\t\t\tThe payments by the Department shall be paid in equal sums in each quarter of the fiscal year, and payments shall not exceed the allocation of the Board.F\n\nThe chief administrative officer of the city or town receiving these funds shall make annual categorical reports of expenditures to the Department, in such form as the Board shall prescribe, accounting for all expenditures, certifying that none of the money received has been expended for other than maintenance, construction, or reconstruction of the streets, and reporting on their performance as specified in subsection B of § 33.2-352. Such reports shall be included in the scope of the annual audit of each municipality conducted by independent certified public accountants.","order_by":null,"text":{"0":{"id":208583,"text":"The Commissioner of Highways, subject to the approval of the Board, shall make payments for maintenance, construction, or reconstruction of highways to all cities and towns eligible for funds under this section. Such payments, however, shall only be made if those highways functionally classified as principal and minor arterial roads are maintained to a standard satisfactory to the Department. Whenever any city or town qualifies under this section for allocation of funds, such qualification shall continue to apply to such city or town regardless of any subsequent change in population and shall cease to apply only when so specifically provided by an act of the General Assembly.\n\t\t\tFunds are allocated to urban highways in (i) all towns that have a population of more than 3,500 according to the last preceding United States census; (ii) all towns that, according to evidence satisfactory to the Board, have attained a population of more than 3,500 since the last preceding United States census; (iii) Chase City, Elkton, Grottoes, Narrows, Pearisburg, and Saltville, which, on June 30, 1985, maintained certain streets under former § 33.1-80 as then in effect; (iv) all cities regardless of their populations; and (v) the Towns of Altavista, Dublin, Lebanon, and Wise.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":208584,"text":"No payments shall be made to any such city or town unless the portion of the highway for which such payment is made either (i) has (a) an unrestricted right-of-way at least 50 feet wide and (b) a hard-surface width of at least 30 feet; (ii) has (a) an unrestricted right-of-way at least 80 feet wide, (b) a hard-surface width of at least 24 feet, and (c) approved engineering plans for the ultimate construction of an additional hard-surface width of at least 24 feet within the same right-of-way; (iii)(a) is a cul-de-sac, (b) has an unrestricted right-of-way at least 40 feet wide, and (c) has a turnaround that meets applicable standards set by the Department; (iv) either (a) has been paved and has constituted part of the primary or secondary state highway system prior to annexation or incorporation or (b) has constituted part of the secondary state highway system prior to annexation or incorporation and is paved to a minimum width of 16 feet subsequent to such annexation or incorporation and with the further exception of streets or portions thereof that have previously been maintained under the provisions of § 33.2-339 or 33.2-340; (v) was eligible for and receiving such payments under the laws of the Commonwealth in effect on June 30, 1985; (vi) is a street established prior to July 1, 1950, that has an unrestricted right-of-way width of not less than 30 feet and a hard-surface width of not less than 16 feet; (vii) is a street functionally classified as a local street that was constructed on or after January 1, 1996, and that at the time of approval by the city or town met the criteria for pavement width and right-of-way of the then-current design standards for subdivision streets as set forth in regulations adopted by the Board; (viii) is a street previously eligible to receive street payments that is located in the City of Norfolk or the City of Richmond and is closed to public travel, pursuant to legislation enacted by the governing body of the locality in which it is located, for public safety reasons, within the boundaries of a publicly funded housing development owned and operated by the local housing authority; or (ix) is a local street, otherwise eligible, containing one or more physical protuberances placed within the right-of-way for the purpose of controlling the speed of traffic.\n\t\t\tHowever, the Commissioner of Highways may waive the requirements as to hard-surface pavement or right-of-way width for highways where the width modification is at the request of the governing body of the locality and is to protect the quality of the affected locality’s drinking water supply or, for highways constructed on or after July 1, 1994, to accommodate some other special circumstance where such action would not compromise the health, safety, or welfare of the public. The modification is subject to such conditions as the Commissioner of Highways may prescribe.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":208585,"text":"For the purpose of calculating allocations and making payments under this section, the Department shall divide affected highways into two categories, which shall be distinct from but based on functional classifications established by the Federal Highway Administration: (i) principal and minor arterial roads and (ii) collector roads and local streets. Payments made to affected localities shall be based on the number of moving-lane-miles of highways or portions thereof available to peak-hour traffic in that locality.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":208586,"text":"Any city converting an existing moving-lane that qualifies for payments under this section to a transit-only lane after July 1, 2014, shall remain eligible for such payments but shall not receive additional funds as a result of such conversion. Any city or town converting an existing moving-lane that qualifies for payments under this section to a bicycle-only lane after July 1, 2014, shall remain eligible for such payments, provided that (i) the number of moving-lane-miles converted is not more than 50 moving-lane-miles or three percent of the city’s or town’s total number of moving-lane-miles on July 1, 2014, whichever is less, and (ii) prior to any such conversion, the city or town certifies that the conversion design has been assessed by a professional engineer licensed in the Commonwealth pursuant to Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 and that the assessment has demonstrated that (a) the level of service of the street to be converted will not be reduced or if it will be reduced that the associated roadway network will retain adequate capacity to meet current and future mobility needs of all users and (b) the conversion has been designed in accordance with the National Association of City Transportation Officials’ Urban Bikeway Design Guide. Any such city or town shall not receive additional funds as a result of such conversion to a bicycle-only lane and shall annually expend funds on road and street maintenance and operations that are at least equal to funds spent on road and street maintenance and operations in the year prior to such conversion. For purposes of this subsection, “level of service” has the meaning provided in the Transportation Research Board’s Highway Capacity Manual.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":208587,"text":"The Department shall recommend to the Board an annual rate per category to be computed using the base rate of growth planned for the Department’s Highway Maintenance and Operations program. The Board shall establish the annual rates of such payments as part of its allocation for such purpose, and the Department shall use those rates to calculate and put into effect annual changes in each qualifying city’s or town’s payment under this section.\n\t\t\tThe payments by the Department shall be paid in equal sums in each quarter of the fiscal year, and payments shall not exceed the allocation of the Board.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":208588,"text":"The chief administrative officer of the city or town receiving these funds shall make annual categorical reports of expenditures to the Department, in such form as the Board shall prescribe, accounting for all expenditures, certifying that none of the money received has been expended for other than maintenance, construction, or reconstruction of the streets, and reporting on their performance as specified in subsection B of § 33.2-352. Such reports shall be included in the scope of the annual audit of each municipality conducted by independent certified public accountants.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13284,"edition_id":1,"name":"Primary State Highway System","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12831,"metadata":{},"date_created":"2026-06-26 03:44:34","date_modified":"2026-06-26 03:44:34","permalink":{"id":205785,"object_type":"structure","relational_id":13284,"identifier":"2","token":"33.2\/II\/3\/2","url":"\/33.2\/II\/3\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12831,"edition_id":1,"name":"Highway Systems","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12830,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205741,"object_type":"structure","relational_id":12831,"identifier":"3","token":"33.2\/II\/3","url":"\/33.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12830,"edition_id":1,"name":"Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205369,"object_type":"structure","relational_id":12830,"identifier":"II","token":"33.2\/II","url":"\/33.2\/II\/","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":80538,"structure_id":13284,"section_number":"33.2-310","catch_line":"Primary state highway system","url":"\/33.2-310\/","token":"33.2\/II\/3\/2\/33.2-310","metadata":false},{"id":86729,"structure_id":13284,"section_number":"33.2-311","catch_line":"Certain highways in parks included in primary state highway system","url":"\/33.2-311\/","token":"33.2\/II\/3\/2\/33.2-311","metadata":false},{"id":59348,"structure_id":13284,"section_number":"33.2-312","catch_line":"Maintenance of highways, bridges, and toll facilities within state parks","url":"\/33.2-312\/","token":"33.2\/II\/3\/2\/33.2-312","metadata":false},{"id":78800,"structure_id":13284,"section_number":"33.2-313","catch_line":"Maintenance of highways at state institutions","url":"\/33.2-313\/","token":"33.2\/II\/3\/2\/33.2-313","metadata":false},{"id":61366,"structure_id":13284,"section_number":"33.2-314","catch_line":"Transfer of highways, bridges, and streets from secondary to primary state highway system; additions to primary state highway system","url":"\/33.2-314\/","token":"33.2\/II\/3\/2\/33.2-314","metadata":false},{"id":59626,"structure_id":13284,"section_number":"33.2-315","catch_line":"Transfer of highways, bridges, and streets from primary to secondary state highway system","url":"\/33.2-315\/","token":"33.2\/II\/3\/2\/33.2-315","metadata":false},{"id":54993,"structure_id":13284,"section_number":"33.2-316","catch_line":"Primary state highway system map","url":"\/33.2-316\/","token":"33.2\/II\/3\/2\/33.2-316","metadata":false},{"id":70144,"structure_id":13284,"section_number":"33.2-317","catch_line":"Establishment, construction, and maintenance exclusively by Commonwealth; funds","url":"\/33.2-317\/","token":"33.2\/II\/3\/2\/33.2-317","metadata":false},{"id":62915,"structure_id":13284,"section_number":"33.2-318","catch_line":"Bypasses through or around cities and towns","url":"\/33.2-318\/","token":"33.2\/II\/3\/2\/33.2-318","metadata":false},{"id":56954,"structure_id":13284,"section_number":"33.2-319","catch_line":"Payments to cities and certain towns for maintenance of certain highways","url":"\/33.2-319\/","token":"33.2\/II\/3\/2\/33.2-319","metadata":false},{"id":84630,"structure_id":13284,"section_number":"33.2-320","catch_line":"Incorporation into primary state highway system of connecting streets and highways in certain other cities and towns","url":"\/33.2-320\/","token":"33.2\/II\/3\/2\/33.2-320","metadata":false},{"id":61147,"structure_id":13284,"section_number":"33.2-321","catch_line":"Agreements between Commonwealth Transportation Board and certain counties for operation of certain devices on state highways","url":"\/33.2-321\/","token":"33.2\/II\/3\/2\/33.2-321","metadata":false},{"id":54276,"structure_id":13284,"section_number":"33.2-322","catch_line":"Counties may perform certain maintenance","url":"\/33.2-322\/","token":"33.2\/II\/3\/2\/33.2-322","metadata":false},{"id":63288,"structure_id":13284,"section_number":"33.2-323","catch_line":"Approval of markings and traffic lights erected by towns","url":"\/33.2-323\/","token":"33.2\/II\/3\/2\/33.2-323","metadata":false}],"previous_section":{"id":62915,"structure_id":13284,"section_number":"33.2-318","catch_line":"Bypasses through or around cities and towns","url":"\/33.2-318\/","token":"33.2\/II\/3\/2\/33.2-318","metadata":false},"next_section":{"id":84630,"structure_id":13284,"section_number":"33.2-320","catch_line":"Incorporation into primary state highway system of connecting streets and highways in certain other cities and towns","url":"\/33.2-320\/","token":"33.2\/II\/3\/2\/33.2-320","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-319\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 42 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 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 13 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 1991, chapter 353; in 1992, chapter 267; in 1994, chapter 459<\/a>; in 1997, chapter 49<\/a>; in 1998, chapter 441<\/a>; in 2000, chapter 97<\/a>; in 2004, chapter 118<\/a>; in 2007, chapter 813<\/a>; in 2011, chapters 434<\/a> and 493<\/a>; in 2014, chapter 805<\/a>; in 2015, chapters 684<\/a> and 722<\/a>; in 2017, chapter 534<\/a>; in 2020, chapter 645<\/a>.<\/p>","references":[{"id":67089,"section_number":"15.2-2000","catch_line":"State highway systems excepted; town streets","order_by":null,"url":"\/15.2-2000\/"},{"id":61157,"section_number":"15.2-2013","catch_line":"Temporary closing of rights-of-way","order_by":null,"url":"\/15.2-2013\/"},{"id":73526,"section_number":"15.2-2306","catch_line":"Preservation of historical sites and architectural areas; civil penalty","order_by":null,"url":"\/15.2-2306\/"},{"id":77552,"section_number":"15.2-2403.1","catch_line":"Creation of urban transportation service districts","order_by":null,"url":"\/15.2-2403.1\/"},{"id":63006,"section_number":"33.2-100","catch_line":"Definitions","order_by":null,"url":"\/33.2-100\/"},{"id":70131,"section_number":"33.2-1509","catch_line":"Funds for access roads to economic development sites and airports; construction, maintenance, etc., of such roads","order_by":null,"url":"\/33.2-1509\/"},{"id":86949,"section_number":"33.2-1722","catch_line":"Use of certain funds by Board","order_by":null,"url":"\/33.2-1722\/"},{"id":57318,"section_number":"33.2-214","catch_line":"Transportation; Six-Year Improvement Program","order_by":null,"url":"\/33.2-214\/"},{"id":59626,"section_number":"33.2-315","catch_line":"Transfer of highways, bridges, and streets from primary to secondary state highway system","order_by":null,"url":"\/33.2-315\/"},{"id":81138,"section_number":"33.2-358","catch_line":"Allocation of funds to programs","order_by":null,"url":"\/33.2-358\/"},{"id":56905,"section_number":"33.2-366","catch_line":"Funds for counties that have withdrawn or elect to withdraw from the secondary state highway system","order_by":null,"url":"\/33.2-366\/"},{"id":62249,"section_number":"33.2-371","catch_line":"Highway construction district grant programs","order_by":null,"url":"\/33.2-371\/"},{"id":80087,"section_number":"33.2-501","catch_line":"Designation of HOV lanes; use of such lanes; penalties","order_by":null,"url":"\/33.2-501\/"},{"id":59875,"section_number":"46.2-1140.1","catch_line":"Annual overweight permits; fees","order_by":null,"url":"\/46.2-1140.1\/"},{"id":77996,"section_number":"46.2-1143","catch_line":"Overweight permits for coal haulers; trucks hauling gravel, sand, asphalt, crushed stone, or liquids produced from gas or oil wells in certain counties; penalties","order_by":null,"url":"\/46.2-1143\/"},{"id":75045,"section_number":"46.2-1148","catch_line":"Overweight permit for hauling Virginia-grown farm produce","order_by":null,"url":"\/46.2-1148\/"},{"id":81466,"section_number":"46.2-1149.1","catch_line":"Excess tandem axle weight permits for cotton module haulers","order_by":null,"url":"\/46.2-1149.1\/"},{"id":87171,"section_number":"56-265.23","catch_line":"Exemption for roadway maintenance operations by the Virginia Department of Transportation and certain counties, cities, and towns","order_by":null,"url":"\/56-265.23\/"},{"id":80230,"section_number":"56-355.2","catch_line":"Definitions","order_by":null,"url":"\/56-355.2\/"},{"id":75664,"section_number":"56-468.1","catch_line":"(Contingent expiration -- see Editor's note) Public Rights-of-Way Use Fee","order_by":null,"url":"\/56-468.1\/"},{"id":57707,"section_number":"56-614","catch_line":" Definitions","order_by":null,"url":"\/56-614\/"}],"refers_to":[{"id":63618,"section_number":"33.2-339","catch_line":"Maintenance, etc., of streets and highways in certain towns from secondary funds","order_by":null,"url":"\/33.2-339\/"},{"id":81631,"section_number":"33.2-340","catch_line":"Maintenance, etc., by Commissioner of Highways when no request for allocation","order_by":null,"url":"\/33.2-340\/"},{"id":77931,"section_number":"33.2-352","catch_line":"Asset management practices; report","order_by":null,"url":"\/33.2-352\/"},{"id":76379,"section_number":"54.1-400","catch_line":"Definitions","order_by":null,"url":"\/54.1-400\/"}],"permalink":{"id":205823,"object_type":"law","relational_id":56954,"identifier":"33.2-319","token":"33.2\/II\/3\/2\/33.2-319","url":"\/33.2-319\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-319\/","token":"33.2\/II\/3\/2\/33.2-319","dublin_core":{"Title":"Payments to cities and certain towns for maintenance of certain highways","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-319","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner of Highways<\/span>, subject to the approval of the Board<\/span>, shall make payments for maintenance<\/span>, construction, or reconstruction of highways to all cities and towns eligible for funds under this section. Such payments, however, shall only be made if those highways functionally classified as principal and minor<\/span> arterial roads are maintained to a standard satisfactory to the Department<\/span>. Whenever any city or town qualifies under this section for allocation of funds, such qualification shall continue to apply to such city or town regardless of any subsequent change in population and shall cease to apply only when so specifically provided by an act of the General Assembly.\n\t\t\tFunds are allocated to urban highways in (i) all towns that have a population of more than 3,500 according to the last preceding United States census; (ii) all towns that, according to evidence<\/span> satisfactory to the Board<\/span>, have attained a population of more than 3,500 since the last preceding United States census; (iii) Chase City, Elkton, Grottoes, Narrows, Pearisburg, and Saltville, which, on June 30, 1985, maintained certain streets under former § 33.1-80 as then in effect; (iv) all cities regardless of their populations; and (v) the Towns of Altavista, Dublin, Lebanon, and Wise. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No payments shall be made to any such city or town unless the portion of the highway<\/span> for which such payment is made either (i) has (a) an unrestricted right-of-way at least 50 feet wide and (b) a hard-surface width of at least 30 feet; (ii) has (a) an unrestricted right-of-way at least 80 feet wide, (b) a hard-surface width of at least 24 feet, and (c) approved engineering plans for the ultimate construction of an additional hard-surface width of at least 24 feet within the same right-of-way; (iii)(a) is a cul-de-sac, (b) has an unrestricted right-of-way at least 40 feet wide, and (c) has a turnaround that meets applicable standards set by the Department<\/span>; (iv) either (a) has been paved and has constituted part of the primary or secondary state highway<\/span> system prior to annexation or incorporation or (b) has constituted part of the secondary state highway<\/span> system prior to annexation or incorporation and is paved to a minimum width of 16 feet subsequent to such annexation or incorporation and with the further exception of streets or portions thereof that have previously been maintained under the provisions of § 33.2-339<\/a> or 33.2-340<\/a>; (v) was eligible for and receiving such payments under the laws<\/span> of the Commonwealth in effect on June 30, 1985; (vi) is a street established prior to July 1, 1950, that has an unrestricted right-of-way width of not less than 30 feet and a hard-surface width of not less than 16 feet; (vii) is a street functionally classified as a local street that was constructed on or after January 1, 1996, and that at the time of approval by the city or town met the criteria for pavement width and right-of-way of the then-current design standards for subdivision streets as set forth in regulations adopted by the Board<\/span>; (viii) is a street previously eligible to receive street payments that is located in the City of Norfolk or the City of Richmond and is closed to public travel, pursuant to legislation enacted by the governing body of the locality in which it is located, for public safety reasons, within the boundaries of a publicly funded housing development owned and operated by the local housing authority; or (ix) is a local street, otherwise eligible, containing one or more physical protuberances placed within the right-of-way for the purpose of controlling the speed of traffic.\n\t\t\tHowever, the Commissioner of Highways<\/span> may waive<\/span> the requirements as to hard-surface pavement or right-of-way width for highways where the width modification is at the request of the governing body of the locality and is to protect the quality of the affected locality’s drinking water supply or, for highways constructed on or after July 1, 1994, to accommodate some other special circumstance where such action would not compromise the health, safety, or welfare of the public. The modification is subject to such conditions as the Commissioner of Highways<\/span> may prescribe. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purpose of calculating allocations and making payments under this section, the Department<\/span> shall divide affected highways into two categories, which shall be distinct from but based on functional classifications established by the Federal Highway<\/span> Administration: (i) principal and minor<\/span> arterial roads and (ii) collector roads and local streets. Payments made to affected localities shall be based on the number of moving-lane-miles of highways or portions thereof available to peak-hour traffic in that locality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any city converting an existing moving-lane that qualifies for payments under this section to a transit-only lane after July 1, 2014, shall remain eligible for such payments but shall not receive additional funds as a result of such conversion. Any city or town converting an existing moving-lane that qualifies for payments under this section to a bicycle-only lane after July 1, 2014, shall remain eligible for such payments, provided that (i) the number of moving-lane-miles converted is not more than 50 moving-lane-miles or three percent of the city’s or town’s total number of moving-lane-miles on July 1, 2014, whichever is less, and (ii) prior to any such conversion, the city or town certifies that the conversion design has been assessed by a professional engineer licensed in the Commonwealth pursuant to Chapter 4 (§ 54.1-400<\/a> et seq.) of Title 54.1 and that the assessment has demonstrated that (a) the level of service of the street to be converted will not be reduced or if it will be reduced that the associated roadway<\/span> network will retain adequate capacity to meet current and future mobility needs of all users and (b) the conversion has been designed in accordance with the National Association of City Transportation Officials’ Urban Bikeway Design Guide. Any such city or town shall not receive additional funds as a result of such conversion to a bicycle-only lane and shall annually expend funds on road and street maintenance<\/span> and operations that are at least equal to funds spent on road and street maintenance<\/span> and operations in the year prior to such conversion. For purposes of this subsection, “level of service” has the meaning provided in the Transportation Research Board<\/span>’s Highway<\/span> Capacity Manual. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Department<\/span> shall recommend to the Board<\/span> an annual rate per category to be computed using the base rate of growth planned for the Department<\/span>’s Highway<\/span> Maintenance<\/span> and Operations program. The Board<\/span> shall establish the annual rates of such payments as part of its allocation for such purpose, and the Department<\/span> shall use those rates to calculate and put into effect annual changes in each qualifying city’s or town’s payment under this section.\n\t\t\tThe payments by the Department<\/span> shall be paid in equal sums in each quarter of the fiscal year, and payments shall not exceed the allocation of the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The chief administrative officer of the city or town receiving these funds shall make annual categorical reports of expenditures to the Department<\/span>, in such form as the Board<\/span> shall prescribe, accounting for all expenditures, certifying that none of the money received has been expended for other than maintenance<\/span>, construction, or reconstruction of the streets, and reporting on their performance as specified in subsection B of § 33.2-352<\/a>. Such reports shall be included in the scope of the annual audit of each municipality conducted by independent certified public accountants. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPAYMENTS TO CITIES AND CERTAIN TOWNS FOR MAINTENANCE OF CERTAIN HIGHWAYS (\u00a7\n33.2-319)\n\nA. The Commissioner of Highways, subject to the approval of the Board, shall\nmake payments for maintenance, construction, or reconstruction of highways to\nall cities and towns eligible for funds under this section. Such payments,\nhowever, shall only be made if those highways functionally classified as\nprincipal and minor arterial roads are maintained to a standard satisfactory to\nthe Department. Whenever any city or town qualifies under this section for\nallocation of funds, such qualification shall continue to apply to such city or\ntown regardless of any subsequent change in population and shall cease to apply\nonly when so specifically provided by an act of the General Assembly.\n\t\t\tFunds are allocated to urban highways in (i) all towns that have a population\nof more than 3,500 according to the last preceding United States census; (ii)\nall towns that, according to evidence satisfactory to the Board, have attained a\npopulation of more than 3,500 since the last preceding United States census;\n(iii) Chase City, Elkton, Grottoes, Narrows, Pearisburg, and Saltville, which,\non June 30, 1985, maintained certain streets under former § 33.1-80 as then\nin effect; (iv) all cities regardless of their populations; and (v) the Towns of\nAltavista, Dublin, Lebanon, and Wise.\n\nB. No payments shall be made to any such city or town unless the portion of the\nhighway for which such payment is made either (i) has (a) an unrestricted\nright-of-way at least 50 feet wide and (b) a hard-surface width of at least 30\nfeet; (ii) has (a) an unrestricted right-of-way at least 80 feet wide, (b) a\nhard-surface width of at least 24 feet, and (c) approved engineering plans for\nthe ultimate construction of an additional hard-surface width of at least 24\nfeet within the same right-of-way; (iii)(a) is a cul-de-sac, (b) has an\nunrestricted right-of-way at least 40 feet wide, and (c) has a turnaround that\nmeets applicable standards set by the Department; (iv) either (a) has been paved\nand has constituted part of the primary or secondary state highway system prior\nto annexation or incorporation or (b) has constituted part of the secondary\nstate highway system prior to annexation or incorporation and is paved to a\nminimum width of 16 feet subsequent to such annexation or incorporation and with\nthe further exception of streets or portions thereof that have previously been\nmaintained under the provisions of § 33.2-339 or 33.2-340; (v) was eligible\nfor and receiving such payments under the laws of the Commonwealth in effect on\nJune 30, 1985; (vi) is a street established prior to July 1, 1950, that has an\nunrestricted right-of-way width of not less than 30 feet and a hard-surface\nwidth of not less than 16 feet; (vii) is a street functionally classified as a\nlocal street that was constructed on or after January 1, 1996, and that at the\ntime of approval by the city or town met the criteria for pavement width and\nright-of-way of the then-current design standards for subdivision streets as set\nforth in regulations adopted by the Board; (viii) is a street previously\neligible to receive street payments that is located in the City of Norfolk or\nthe City of Richmond and is closed to public travel, pursuant to legislation\nenacted by the governing body of the locality in which it is located, for public\nsafety reasons, within the boundaries of a publicly funded housing development\nowned and operated by the local housing authority; or (ix) is a local street,\notherwise eligible, containing one or more physical protuberances placed within\nthe right-of-way for the purpose of controlling the speed of traffic.\n\t\t\tHowever, the Commissioner of Highways may waive the requirements as to\nhard-surface pavement or right-of-way width for highways where the width\nmodification is at the request of the governing body of the locality and is to\nprotect the quality of the affected locality’s drinking water supply or,\nfor highways constructed on or after July 1, 1994, to accommodate some other\nspecial circumstance where such action would not compromise the health, safety,\nor welfare of the public. The modification is subject to such conditions as the\nCommissioner of Highways may prescribe.\n\nC. For the purpose of calculating allocations and making payments under this\nsection, the Department shall divide affected highways into two categories,\nwhich shall be distinct from but based on functional classifications established\nby the Federal Highway Administration: (i) principal and minor arterial roads\nand (ii) collector roads and local streets. Payments made to affected localities\nshall be based on the number of moving-lane-miles of highways or portions\nthereof available to peak-hour traffic in that locality.\n\nD. Any city converting an existing moving-lane that qualifies for payments under\nthis section to a transit-only lane after July 1, 2014, shall remain eligible\nfor such payments but shall not receive additional funds as a result of such\nconversion. Any city or town converting an existing moving-lane that qualifies\nfor payments under this section to a bicycle-only lane after July 1, 2014, shall\nremain eligible for such payments, provided that (i) the number of\nmoving-lane-miles converted is not more than 50 moving-lane-miles or three\npercent of the city’s or town’s total number of moving-lane-miles on\nJuly 1, 2014, whichever is less, and (ii) prior to any such conversion, the city\nor town certifies that the conversion design has been assessed by a professional\nengineer licensed in the Commonwealth pursuant to Chapter 4 (§ 54.1-400 et\nseq.) of Title 54.1 and that the assessment has demonstrated that (a) the level\nof service of the street to be converted will not be reduced or if it will be\nreduced that the associated roadway network will retain adequate capacity to\nmeet current and future mobility needs of all users and (b) the conversion has\nbeen designed in accordance with the National Association of City Transportation\nOfficials’ Urban Bikeway Design Guide. Any such city or town shall not\nreceive additional funds as a result of such conversion to a bicycle-only lane\nand shall annually expend funds on road and street maintenance and operations\nthat are at least equal to funds spent on road and street maintenance and\noperations in the year prior to such conversion. For purposes of this\nsubsection, “level of service” has the meaning provided in the\nTransportation Research Board’s Highway Capacity Manual.\n\nE. The Department shall recommend to the Board an annual rate per category to be\ncomputed using the base rate of growth planned for the Department’s\nHighway Maintenance and Operations program. The Board shall establish the annual\nrates of such payments as part of its allocation for such purpose, and the\nDepartment shall use those rates to calculate and put into effect annual changes\nin each qualifying city’s or town’s payment under this section.\n\t\t\tThe payments by the Department shall be paid in equal sums in each quarter of\nthe fiscal year, and payments shall not exceed the allocation of the Board.\n\nF. The chief administrative officer of the city or town receiving these funds\nshall make annual categorical reports of expenditures to the Department, in such\nform as the Board shall prescribe, accounting for all expenditures, certifying\nthat none of the money received has been expended for other than maintenance,\nconstruction, or reconstruction of the streets, and reporting on their\nperformance as specified in subsection B of § 33.2-352. Such reports shall\nbe included in the scope of the annual audit of each municipality conducted by\nindependent certified public accountants.\n\nHISTORY: 1985, c. 42, \u00a7 33.1-41.1; 1991, c. 353; 1992, c. 267; 1994, c. 459;\n1996, cc. 149, 821; 1997, c. 49; 1998, c. 441; 2000, c. 97; 2002, c. 673;\n2004, c. 118; 2007, c. 813; 2011, cc. 434, 493; 2014, c. 805; 2015, cc. 684,\n722; 2017, c. 534; 2020, c. 645.","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}}