{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-331.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-331.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-331.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-331.html"}],"law_id":57020,"edition_id":1,"section_id":57020,"structure_id":12832,"section_number":"33.2-331","catch_line":"Annual meeting with county officers; six-year plan for secondary state highways; certain reimbursements required","history":"Code 1950; 1970, c. 322, \u00a7 33.1-70.01; 1977, c. 578; 1979, c. 64; 1981, c. 240; 1993, c. 802; 2001, cc. 105, 130; 2005, c. 645; 2011, cc. 434, 493; 2014, c. 805; 2015, c. 684; 2019, cc. 81, 400; 2023, cc. 506, 507; 2024, cc. 225, 242.","full_text":"For purposes of this section, “cancellation” means complete elimination of a highway construction or improvement project from the six-year plan.\n\t\tThe governing body of each county in the secondary state highway system may, jointly with the representatives of the Department as designated by the Commissioner of Highways, prepare a six-year plan for the improvements to the secondary state highway system in that county. Each such six-year plan shall be based upon the best estimate of funds to be available to the county for expenditure in the six-year period on the secondary state highway system. Each such plan shall list the proposed improvements, together with an estimated cost of each project so listed. Following the preparation of the plan in any year in which a proposed new funding allocation is greater than $100,000, the board of supervisors or other local governing body shall conduct a public hearing after publishing notice twice in a newspaper published in or having general circulation in the county, with the first publication appearing no more than 28 days before and the second publication appearing no less than seven days before the hearing, and posting notice of the proposed hearing at the front door of the courthouse of such county 10 days before the meeting. At the public hearings, which shall be conducted jointly by the board of supervisors and the representative of the Department, the entire six-year plan shall be discussed with the citizens of the county and their views considered. Following the discussion, the local governing body, together with the representative of the Department, shall finalize and officially adopt the six-year plan, which shall then be considered the official plan of the county.\n\t\tAt least once in each calendar year in which a proposed new funding allocation is greater than $100,000, representatives of the Department in charge of the secondary state highway system in each county, or some representative of the Department designated by the Commissioner of Highways, shall meet with the governing body of each county in a regular or special meeting of the local governing body for the purpose of preparing a budget for the expenditure of improvement funds for the next fiscal year. The representative of the Department shall furnish the local governing body with an updated estimate of funds, and the board and the representative of the Department shall jointly prepare the list of projects to be carried out in that fiscal year taken from the six-year plan by order of priority and following generally the policies of the Board in regard to the statewide improvements to the secondary state highway system. In any year in which a proposed new funding allocation is greater than $100,000, such list of priorities shall then be presented at a public hearing duly advertised in accordance with the procedure outlined in this section, and comments of citizens shall be obtained and considered. Following this public hearing, the board, with the concurrence of the representative of the Department, shall adopt, as official, a priority program for the ensuing year, and the Department shall include such listed projects in its secondary highways budget for the county for that year.\n\t\tAt least once every two years following the adoption of the original six-year plan, the governing body of each county, together with the representative of the Department, may update the six-year plan of the county by adding to it and extending it as necessary so as to maintain it as a plan encompassing six years. Whenever additional funds for secondary highway purposes become available, the local governing body may request a revision in its six-year plan in order that such plan be amended to provide for the expenditure of the additional funds. Such additions and extensions to each six-year plan shall be prepared in the same manner and following the same procedures as outlined herein for its initial preparation. Where the local governing body and the representative of the Department fail to agree upon a priority program, the local governing body may appeal to the Commissioner of Highways. The Commissioner of Highways shall consider all proposed priorities and render a decision establishing a priority program based upon a consideration by the Commissioner of Highways of the welfare and safety of county citizens. Such decision shall be binding.\n\t\tNothing in this section shall preclude a local governing body, with the concurrence of the representative of the Department, from combining the public hearing that may be required pursuant to this section for revision of a six-year plan with the public hearing that may be required pursuant to this section for review of the list of priorities, provided that notice of such combined hearing is published in accordance with procedures provided in this section.\n\t\tAll such six-year plans shall consider all existing highways in the secondary state highway system, including those in the towns located in the county that are maintained as a part of the secondary state highway system, and shall be made a public document.\n\t\tIf any county cancels any highway construction or improvement project included in its six-year plan after the location and design for the project has been approved, such county shall reimburse the Department the net amount of all funds expended by the Department for planning, engineering, right-of-way acquisition, demolition, relocation, and construction between the date on which project development was initiated and the date of cancellation. To the extent that funds from secondary highway allocations have been expended to pay for a highway construction or improvement project, all revenues generated from a reimbursement by the county shall be deposited into that same county’s secondary highway allocation. The Commissioner of Highways may waive all or any portion of such reimbursement at his discretion.\n\t\tThe provisions of this section shall not apply in instances where less than 100 percent of the right-of-way is available for donation for unpaved highway improvements.","order_by":null,"text":{"0":{"id":208866,"text":"For purposes of this section, “cancellation” means complete elimination of a highway construction or improvement project from the six-year plan.\n\t\tThe governing body of each county in the secondary state highway system may, jointly with the representatives of the Department as designated by the Commissioner of Highways, prepare a six-year plan for the improvements to the secondary state highway system in that county. Each such six-year plan shall be based upon the best estimate of funds to be available to the county for expenditure in the six-year period on the secondary state highway system. Each such plan shall list the proposed improvements, together with an estimated cost of each project so listed. Following the preparation of the plan in any year in which a proposed new funding allocation is greater than $100,000, the board of supervisors or other local governing body shall conduct a public hearing after publishing notice twice in a newspaper published in or having general circulation in the county, with the first publication appearing no more than 28 days before and the second publication appearing no less than seven days before the hearing, and posting notice of the proposed hearing at the front door of the courthouse of such county 10 days before the meeting. At the public hearings, which shall be conducted jointly by the board of supervisors and the representative of the Department, the entire six-year plan shall be discussed with the citizens of the county and their views considered. Following the discussion, the local governing body, together with the representative of the Department, shall finalize and officially adopt the six-year plan, which shall then be considered the official plan of the county.\n\t\tAt least once in each calendar year in which a proposed new funding allocation is greater than $100,000, representatives of the Department in charge of the secondary state highway system in each county, or some representative of the Department designated by the Commissioner of Highways, shall meet with the governing body of each county in a regular or special meeting of the local governing body for the purpose of preparing a budget for the expenditure of improvement funds for the next fiscal year. The representative of the Department shall furnish the local governing body with an updated estimate of funds, and the board and the representative of the Department shall jointly prepare the list of projects to be carried out in that fiscal year taken from the six-year plan by order of priority and following generally the policies of the Board in regard to the statewide improvements to the secondary state highway system. In any year in which a proposed new funding allocation is greater than $100,000, such list of priorities shall then be presented at a public hearing duly advertised in accordance with the procedure outlined in this section, and comments of citizens shall be obtained and considered. Following this public hearing, the board, with the concurrence of the representative of the Department, shall adopt, as official, a priority program for the ensuing year, and the Department shall include such listed projects in its secondary highways budget for the county for that year.\n\t\tAt least once every two years following the adoption of the original six-year plan, the governing body of each county, together with the representative of the Department, may update the six-year plan of the county by adding to it and extending it as necessary so as to maintain it as a plan encompassing six years. Whenever additional funds for secondary highway purposes become available, the local governing body may request a revision in its six-year plan in order that such plan be amended to provide for the expenditure of the additional funds. Such additions and extensions to each six-year plan shall be prepared in the same manner and following the same procedures as outlined herein for its initial preparation. Where the local governing body and the representative of the Department fail to agree upon a priority program, the local governing body may appeal to the Commissioner of Highways. The Commissioner of Highways shall consider all proposed priorities and render a decision establishing a priority program based upon a consideration by the Commissioner of Highways of the welfare and safety of county citizens. Such decision shall be binding.\n\t\tNothing in this section shall preclude a local governing body, with the concurrence of the representative of the Department, from combining the public hearing that may be required pursuant to this section for revision of a six-year plan with the public hearing that may be required pursuant to this section for review of the list of priorities, provided that notice of such combined hearing is published in accordance with procedures provided in this section.\n\t\tAll such six-year plans shall consider all existing highways in the secondary state highway system, including those in the towns located in the county that are maintained as a part of the secondary state highway system, and shall be made a public document.\n\t\tIf any county cancels any highway construction or improvement project included in its six-year plan after the location and design for the project has been approved, such county shall reimburse the Department the net amount of all funds expended by the Department for planning, engineering, right-of-way acquisition, demolition, relocation, and construction between the date on which project development was initiated and the date of cancellation. To the extent that funds from secondary highway allocations have been expended to pay for a highway construction or improvement project, all revenues generated from a reimbursement by the county shall be deposited into that same county’s secondary highway allocation. The Commissioner of Highways may waive all or any portion of such reimbursement at his discretion.\n\t\tThe provisions of this section shall not apply in instances where less than 100 percent of the right-of-way is available for donation for unpaved highway improvements.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12832,"edition_id":1,"name":"Secondary State Highway System","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":12831,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205843,"object_type":"structure","relational_id":12832,"identifier":"3","token":"33.2\/II\/3\/3","url":"\/33.2\/II\/3\/3\/","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":62779,"structure_id":12832,"section_number":"33.2-324","catch_line":"Secondary state highway system; composition","url":"\/33.2-324\/","token":"33.2\/II\/3\/3\/33.2-324","metadata":false},{"id":82169,"structure_id":12832,"section_number":"33.2-325","catch_line":"Certain school roads in secondary state highway system","url":"\/33.2-325\/","token":"33.2\/II\/3\/3\/33.2-325","metadata":false},{"id":77202,"structure_id":12832,"section_number":"33.2-326","catch_line":"Control, supervision, and management of secondary state highway system components","url":"\/33.2-326\/","token":"33.2\/II\/3\/3\/33.2-326","metadata":false},{"id":79954,"structure_id":12832,"section_number":"33.2-327","catch_line":"Design standards for secondary state highway system components","url":"\/33.2-327\/","token":"33.2\/II\/3\/3\/33.2-327","metadata":false},{"id":60936,"structure_id":12832,"section_number":"33.2-328","catch_line":"Department of Transportation to install and maintain certain signs","url":"\/33.2-328\/","token":"33.2\/II\/3\/3\/33.2-328","metadata":false},{"id":79052,"structure_id":12832,"section_number":"33.2-329","catch_line":"Transfer of control, etc., of landings, docks, and wharves to Department of Wildlife Resources","url":"\/33.2-329\/","token":"33.2\/II\/3\/3\/33.2-329","metadata":false},{"id":73525,"structure_id":12832,"section_number":"33.2-330","catch_line":"Relocation or removal of utility facilities within secondary state highway system construction projects","url":"\/33.2-330\/","token":"33.2\/II\/3\/3\/33.2-330","metadata":false},{"id":57020,"structure_id":12832,"section_number":"33.2-331","catch_line":"Annual meeting with county officers; six-year plan for secondary state highways; certain reimbursements required","url":"\/33.2-331\/","token":"33.2\/II\/3\/3\/33.2-331","metadata":false},{"id":61434,"structure_id":12832,"section_number":"33.2-332","catch_line":"Requesting Department of Transportation to hard-surface secondary highways; paving of certain secondary highways within existing rights-of-way; designation as Rural Rustic Road","url":"\/33.2-332\/","token":"33.2\/II\/3\/3\/33.2-332","metadata":false},{"id":65864,"structure_id":12832,"section_number":"33.2-333","catch_line":"Emergency paving of unpaved secondary highways; notice and local concurrence","url":"\/33.2-333\/","token":"33.2\/II\/3\/3\/33.2-333","metadata":false},{"id":57458,"structure_id":12832,"section_number":"33.2-334","catch_line":"Requirements for taking new streets into secondary state highway system","url":"\/33.2-334\/","token":"33.2\/II\/3\/3\/33.2-334","metadata":false},{"id":63525,"structure_id":12832,"section_number":"33.2-335","catch_line":"Taking certain streets into secondary state highway system","url":"\/33.2-335\/","token":"33.2\/II\/3\/3\/33.2-335","metadata":false},{"id":55773,"structure_id":12832,"section_number":"33.2-336","catch_line":"Funds allocated to counties for Rural Addition Program; street standards","url":"\/33.2-336\/","token":"33.2\/II\/3\/3\/33.2-336","metadata":false},{"id":82808,"structure_id":12832,"section_number":"33.2-337","catch_line":"Contributions to primary or secondary state highway construction by counties","url":"\/33.2-337\/","token":"33.2\/II\/3\/3\/33.2-337","metadata":false},{"id":77373,"structure_id":12832,"section_number":"33.2-338","catch_line":"Construction and improvement of primary or secondary highways by counties","url":"\/33.2-338\/","token":"33.2\/II\/3\/3\/33.2-338","metadata":false},{"id":63618,"structure_id":12832,"section_number":"33.2-339","catch_line":"Maintenance, etc., of streets and highways in certain towns from secondary funds","url":"\/33.2-339\/","token":"33.2\/II\/3\/3\/33.2-339","metadata":false},{"id":81631,"structure_id":12832,"section_number":"33.2-340","catch_line":"Maintenance, etc., by Commissioner of Highways when no request for allocation","url":"\/33.2-340\/","token":"33.2\/II\/3\/3\/33.2-340","metadata":false},{"id":53982,"structure_id":12832,"section_number":"33.2-341","catch_line":"Maps of secondary state highway system","url":"\/33.2-341\/","token":"33.2\/II\/3\/3\/33.2-341","metadata":false},{"id":64541,"structure_id":12832,"section_number":"33.2-342","catch_line":"Resumption of responsibility for secondary state highways by counties","url":"\/33.2-342\/","token":"33.2\/II\/3\/3\/33.2-342","metadata":false},{"id":64898,"structure_id":12832,"section_number":"33.2-343","catch_line":"Return after withdrawal from secondary state highway system","url":"\/33.2-343\/","token":"33.2\/II\/3\/3\/33.2-343","metadata":false},{"id":65757,"structure_id":12832,"section_number":"33.2-344","catch_line":"Election to determine return to the secondary state highway system","url":"\/33.2-344\/","token":"33.2\/II\/3\/3\/33.2-344","metadata":false},{"id":75445,"structure_id":12832,"section_number":"33.2-345","catch_line":"Effect of election to determine return to the secondary state highway system","url":"\/33.2-345\/","token":"33.2\/II\/3\/3\/33.2-345","metadata":false},{"id":78626,"structure_id":12832,"section_number":"33.2-346","catch_line":"Machinery, etc., owned by returning county","url":"\/33.2-346\/","token":"33.2\/II\/3\/3\/33.2-346","metadata":false}],"previous_section":{"id":73525,"structure_id":12832,"section_number":"33.2-330","catch_line":"Relocation or removal of utility facilities within secondary state highway system construction projects","url":"\/33.2-330\/","token":"33.2\/II\/3\/3\/33.2-330","metadata":false},"next_section":{"id":61434,"structure_id":12832,"section_number":"33.2-332","catch_line":"Requesting Department of Transportation to hard-surface secondary highways; paving of certain secondary highways within existing rights-of-way; designation as Rural Rustic Road","url":"\/33.2-332\/","token":"33.2\/II\/3\/3\/33.2-332","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-331\/","history_text":"

The record of this law\u2019s original creation isn\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 1970, chapter 322; in 1977, chapter 578; in 1979, chapter 64; in 1981, chapter 240; in 1993, chapter 802; in 2001, chapters 105<\/a> and 130<\/a>; in 2005, chapter 645<\/a>; in 2011, chapters 434<\/a> and 493<\/a>; in 2014, chapter 805<\/a>; in 2015, chapter 684<\/a>; in 2019, chapters 81<\/a> and 400<\/a>; in 2023, chapters 506<\/a> and 507<\/a>; in 2024, chapters 225<\/a> and 242<\/a>.<\/p>","references":[{"id":57655,"section_number":"15.2-2321","catch_line":"Adoption of road improvements program","order_by":null,"url":"\/15.2-2321\/"},{"id":61434,"section_number":"33.2-332","catch_line":"Requesting Department of Transportation to hard-surface secondary highways; paving of certain secondary highways within existing rights-of-way; designation as Rural Rustic Road","order_by":null,"url":"\/33.2-332\/"},{"id":77373,"section_number":"33.2-338","catch_line":"Construction and improvement of primary or secondary highways by counties","order_by":null,"url":"\/33.2-338\/"},{"id":83804,"section_number":"33.2-704","catch_line":"Agreements between localities for construction and operation of toll facilities","order_by":null,"url":"\/33.2-704\/"}],"refers_to":false,"permalink":{"id":205873,"object_type":"law","relational_id":57020,"identifier":"33.2-331","token":"33.2\/II\/3\/3\/33.2-331","url":"\/33.2-331\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-331\/","token":"33.2\/II\/3\/3\/33.2-331","dublin_core":{"Title":"Annual meeting with county officers; six-year plan for secondary state highways; certain reimbursements required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-331","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

For purposes of this section, “cancellation” means complete elimination of a highway construction<\/span> or improvement project from the six-year plan.\n\t\tThe governing body of each county in the secondary state highway system may, jointly with the representatives of the Department<\/span> as designated by the Commissioner of Highways<\/span>, prepare a six-year plan for the improvements to the secondary state highway system in that county. Each such six-year plan shall be based upon the best estimate of funds to be available to the county for expenditure in the six-year period on the secondary state highway system. Each such plan shall list the proposed improvements, together with an estimated cost of each project so listed. Following the preparation of the plan in any year in which a proposed new funding allocation is greater than $100,000, the board<\/span> of supervisors or other local governing body shall conduct a public hearing<\/span> after publishing notice twice in a newspaper published in or having general circulation in the county, with the first publication appearing no more than 28 days before and the second publication appearing no less than seven days before the hearing<\/span>, and posting notice of the proposed hearing<\/span> at the front door of the courthouse of such county 10 days before the meeting. At the public hearings<\/span>, which shall be conducted jointly by the board<\/span> of supervisors and the representative of the Department<\/span>, the entire six-year plan shall be discussed with the citizens of the county and their views considered. Following the discussion, the local governing body, together with the representative of the Department<\/span>, shall finalize and officially adopt the six-year plan, which shall then be considered the official plan of the county.\n\t\tAt least once in each calendar year in which a proposed new funding allocation is greater than $100,000, representatives of the Department<\/span> in charge of the secondary state highway system in each county, or some representative of the Department<\/span> designated by the Commissioner of Highways<\/span>, shall meet with the governing body of each county in a regular or special meeting of the local governing body for the purpose of preparing a budget for the expenditure of improvement funds for the next fiscal year. The representative of the Department<\/span> shall furnish the local governing body with an updated estimate of funds, and the board<\/span> and the representative of the Department<\/span> shall jointly prepare the list of projects to be carried out in that fiscal year taken from the six-year plan by order<\/span> of priority and following generally the policies of the Board<\/span> in regard to the statewide improvements to the secondary state highway system. In any year in which a proposed new funding allocation is greater than $100,000, such list of priorities shall then be presented at a public hearing<\/span> duly advertised in accordance with the procedure outlined in this section, and comments of citizens shall be obtained and considered. Following this public hearing<\/span>, the board<\/span>, with the concurrence of the representative of the Department<\/span>, shall adopt, as official, a priority program for the ensuing year, and the Department<\/span> shall include such listed projects in its secondary highways<\/span> budget for the county for that year.\n\t\tAt least once every two years following the adoption of the original six-year plan, the governing body of each county, together with the representative of the Department<\/span>, may update the six-year plan of the county by adding to it and extending it as necessary so as to maintain it as a plan encompassing six years. Whenever additional funds for secondary highway<\/span> purposes become available, the local governing body may request a revision in its six-year plan in order<\/span> that such plan be amended to provide for the expenditure of the additional funds. Such additions and extensions to each six-year plan shall be prepared in the same manner and following the same procedures as outlined herein for its initial preparation. Where the local governing body and the representative of the Department<\/span> fail to agree upon a priority program, the local governing body may appeal<\/span> to the Commissioner of Highways<\/span>. The Commissioner of Highways<\/span> shall consider all proposed priorities and render a decision establishing a priority program based upon a consideration by the Commissioner of Highways<\/span> of the welfare and safety of county citizens. Such decision shall be binding.\n\t\tNothing in this section shall preclude a local governing body, with the concurrence of the representative of the Department<\/span>, from combining the public hearing<\/span> that may be required pursuant to this section for revision of a six-year plan with the public hearing<\/span> that may be required pursuant to this section for review of the list of priorities, provided that notice of such combined hearing<\/span> is published in accordance with procedures provided in this section.\n\t\tAll such six-year plans shall consider all existing highways in the secondary state highway system, including those in the towns located in the county that are maintained as a part of the secondary state highway system, and shall be made a public document.\n\t\tIf any county cancels any highway construction<\/span> or improvement project included in its six-year plan after the location and design for the project has been approved, such county shall reimburse the Department<\/span> the net amount of all funds expended by the Department<\/span> for planning, engineering, right-of-way acquisition, demolition, relocation, and construction between the date on which project development was initiated and the date of cancellation. To the extent that funds from secondary highway<\/span> allocations have been expended to pay for a highway construction<\/span> or improvement project, all revenues generated from a reimbursement by the county shall be deposited into that same county’s secondary highway<\/span> allocation. The Commissioner of Highways<\/span> may waive<\/span> all or any portion of such reimbursement at his discretion.\n\t\tThe provisions of this section shall not apply in instances where less than 100 percent of the right-of-way is available for donation for unpaved highway improvements.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nANNUAL MEETING WITH COUNTY OFFICERS; SIX-YEAR PLAN FOR SECONDARY STATE HIGHWAYS;\nCERTAIN REIMBURSEMENTS REQUIRED (\u00a7 33.2-331)\n\nFor purposes of this section, “cancellation” means complete\nelimination of a highway construction or improvement project from the six-year\nplan.\n\t\tThe governing body of each county in the secondary state highway system may,\njointly with the representatives of the Department as designated by the\nCommissioner of Highways, prepare a six-year plan for the improvements to the\nsecondary state highway system in that county. Each such six-year plan shall be\nbased upon the best estimate of funds to be available to the county for\nexpenditure in the six-year period on the secondary state highway system. Each\nsuch plan shall list the proposed improvements, together with an estimated cost\nof each project so listed. Following the preparation of the plan in any year in\nwhich a proposed new funding allocation is greater than $100,000, the board of\nsupervisors or other local governing body shall conduct a public hearing after\npublishing notice twice in a newspaper published in or having general\ncirculation in the county, with the first publication appearing no more than 28\ndays before and the second publication appearing no less than seven days before\nthe hearing, and posting notice of the proposed hearing at the front door of the\ncourthouse of such county 10 days before the meeting. At the public hearings,\nwhich shall be conducted jointly by the board of supervisors and the\nrepresentative of the Department, the entire six-year plan shall be discussed\nwith the citizens of the county and their views considered. Following the\ndiscussion, the local governing body, together with the representative of the\nDepartment, shall finalize and officially adopt the six-year plan, which shall\nthen be considered the official plan of the county.\n\t\tAt least once in each calendar year in which a proposed new funding allocation\nis greater than $100,000, representatives of the Department in charge of the\nsecondary state highway system in each county, or some representative of the\nDepartment designated by the Commissioner of Highways, shall meet with the\ngoverning body of each county in a regular or special meeting of the local\ngoverning body for the purpose of preparing a budget for the expenditure of\nimprovement funds for the next fiscal year. The representative of the Department\nshall furnish the local governing body with an updated estimate of funds, and\nthe board and the representative of the Department shall jointly prepare the\nlist of projects to be carried out in that fiscal year taken from the six-year\nplan by order of priority and following generally the policies of the Board in\nregard to the statewide improvements to the secondary state highway system. In\nany year in which a proposed new funding allocation is greater than $100,000,\nsuch list of priorities shall then be presented at a public hearing duly\nadvertised in accordance with the procedure outlined in this section, and\ncomments of citizens shall be obtained and considered. Following this public\nhearing, the board, with the concurrence of the representative of the\nDepartment, shall adopt, as official, a priority program for the ensuing year,\nand the Department shall include such listed projects in its secondary highways\nbudget for the county for that year.\n\t\tAt least once every two years following the adoption of the original six-year\nplan, the governing body of each county, together with the representative of the\nDepartment, may update the six-year plan of the county by adding to it and\nextending it as necessary so as to maintain it as a plan encompassing six years.\nWhenever additional funds for secondary highway purposes become available, the\nlocal governing body may request a revision in its six-year plan in order that\nsuch plan be amended to provide for the expenditure of the additional funds.\nSuch additions and extensions to each six-year plan shall be prepared in the\nsame manner and following the same procedures as outlined herein for its initial\npreparation. Where the local governing body and the representative of the\nDepartment fail to agree upon a priority program, the local governing body may\nappeal to the Commissioner of Highways. The Commissioner of Highways shall\nconsider all proposed priorities and render a decision establishing a priority\nprogram based upon a consideration by the Commissioner of Highways of the\nwelfare and safety of county citizens. Such decision shall be binding.\n\t\tNothing in this section shall preclude a local governing body, with the\nconcurrence of the representative of the Department, from combining the public\nhearing that may be required pursuant to this section for revision of a six-year\nplan with the public hearing that may be required pursuant to this section for\nreview of the list of priorities, provided that notice of such combined hearing\nis published in accordance with procedures provided in this section.\n\t\tAll such six-year plans shall consider all existing highways in the secondary\nstate highway system, including those in the towns located in the county that\nare maintained as a part of the secondary state highway system, and shall be\nmade a public document.\n\t\tIf any county cancels any highway construction or improvement project included\nin its six-year plan after the location and design for the project has been\napproved, such county shall reimburse the Department the net amount of all funds\nexpended by the Department for planning, engineering, right-of-way acquisition,\ndemolition, relocation, and construction between the date on which project\ndevelopment was initiated and the date of cancellation. To the extent that funds\nfrom secondary highway allocations have been expended to pay for a highway\nconstruction or improvement project, all revenues generated from a reimbursement\nby the county shall be deposited into that same county’s secondary highway\nallocation. The Commissioner of Highways may waive all or any portion of such\nreimbursement at his discretion.\n\t\tThe provisions of this section shall not apply in instances where less than\n100 percent of the right-of-way is available for donation for unpaved highway\nimprovements.\n\nHISTORY: Code 1950; 1970, c. 322, \u00a7 33.1-70.01; 1977, c. 578; 1979, c. 64;\n1981, c. 240; 1993, c. 802; 2001, cc. 105, 130; 2005, c. 645; 2011, cc. 434,\n493; 2014, c. 805; 2015, c. 684; 2019, cc. 81, 400; 2023, cc. 506, 507; 2024,\ncc. 225, 242.","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}}