{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-332.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-332.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-332.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-332.html"}],"law_id":61434,"edition_id":1,"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","history":"1973, c. 360, \u00a7 33.1-70.1; 1977, c. 578; 1985, c. 440; 1997, cc. 715, 729; 1999, cc. 306, 320; 2001, cc. 355, 366; 2002, c. 414; 2003, c. 599; 2006, c. 546; 2008, c. 195; 2011, c. 400; 2013, cc. 756, 793; 2014, c. 805.","full_text":"A\n\nWhenever the governing body of any county, after consultation with personnel of the Department, adopts a resolution requesting the Department to hard-surface any secondary highway in such county that carries 50 or more vehicles per day with a hard surface of width and strength adequate for such traffic volume, the Department shall give consideration to such resolution in establishing priority in expending the funds allocated to such county. The Department shall consider the paving of highways with a right-of-way width of less than 40 feet under this subsection when land is, has been, or can be acquired by gift for the purpose of constructing a hard-surface highway.B\n\nNotwithstanding the provisions of subsection A, any unpaved secondary highway that carries at least 50 but no more than 750 vehicles per day may be paved or improved and paved within its existing right-of-way or within a wider right-of-way that is less than 40 feet wide if the following conditions are met:1\n\nThe governing body of the county in which the highway is located has requested paving of such highway as part of the six-year plan for the county under &#xA7; 33.2-331 and transmitted that request to the Commissioner of Highways; and2\n\nThe Commissioner of Highways, after having considered only (i) the safety of such highway in its current condition and in its paved or improved condition, including the desirability of reduced speed limits and installation of other warning signs or devices; (ii) the views of the residents and owners of property adjacent to or served by such highway; (iii) the views of the local governing body making the request; (iv) the historical and aesthetic significance of such highway and its surroundings; (v) the availability of any additional land that has been or may be acquired by gift or other means for the purpose of paving such highway within its existing right-of-way or within a wider right-of-way that is less than 40 feet wide; and (vi) environmental considerations, shall grant or deny the request for the paving of such highway under this subsection.C\n\nNotwithstanding the provisions of subsections A and B, the governing body of any county, in consultation with the Department, may designate a highway or highway segment as a Rural Rustic Road, provided such highway or highway segment is located in a low-density development area and has an average daily traffic volume of no more than 1,500 vehicles per day. For a highway or highway segment so designated, improvements shall utilize a paved surface width based on reduced and flexible standards that leave trees, vegetation, side slopes, and open drainage abutting the highway undisturbed to the maximum extent possible without compromising public safety. Any highway designated as a Rural Rustic Road shall be subject to &#xA7; 62.1-44.15:34. The Department, in consultation with the affected local governing body, shall first consider the paving of a highway or highway segment meeting the criteria for a Rural Rustic Road in accordance with this subsection before making a decision to pave it to another standard as set forth in this section.D\n\nThe Commonwealth and its agencies, instrumentalities, departments, officers, and employees acting within the scope of their duties and authority shall be immune for damages by reason of actions taken in conformity with the provisions of this section. Immunity for the local governing body of any political subdivision requesting paving under this section and the officers and employees of any such political subdivision shall be limited to that immunity provided pursuant to &#xA7; 15.2-1405.","order_by":null,"text":{"0":{"id":224436,"text":"Whenever the governing body of any county, after consultation with personnel of the Department, adopts a resolution requesting the Department to hard-surface any secondary highway in such county that carries 50 or more vehicles per day with a hard surface of width and strength adequate for such traffic volume, the Department shall give consideration to such resolution in establishing priority in expending the funds allocated to such county. The Department shall consider the paving of highways with a right-of-way width of less than 40 feet under this subsection when land is, has been, or can be acquired by gift for the purpose of constructing a hard-surface highway.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224437,"text":"Notwithstanding the provisions of subsection A, any unpaved secondary highway that carries at least 50 but no more than 750 vehicles per day may be paved or improved and paved within its existing right-of-way or within a wider right-of-way that is less than 40 feet wide if the following conditions are met:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":224438,"text":"The governing body of the county in which the highway is located has requested paving of such highway as part of the six-year plan for the county under &#xA7; 33.2-331 and transmitted that request to the Commissioner of Highways; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":224439,"text":"The Commissioner of Highways, after having considered only (i) the safety of such highway in its current condition and in its paved or improved condition, including the desirability of reduced speed limits and installation of other warning signs or devices; (ii) the views of the residents and owners of property adjacent to or served by such highway; (iii) the views of the local governing body making the request; (iv) the historical and aesthetic significance of such highway and its surroundings; (v) the availability of any additional land that has been or may be acquired by gift or other means for the purpose of paving such highway within its existing right-of-way or within a wider right-of-way that is less than 40 feet wide; and (vi) environmental considerations, shall grant or deny the request for the paving of such highway under this subsection.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":224440,"text":"Notwithstanding the provisions of subsections A and B, the governing body of any county, in consultation with the Department, may designate a highway or highway segment as a Rural Rustic Road, provided such highway or highway segment is located in a low-density development area and has an average daily traffic volume of no more than 1,500 vehicles per day. For a highway or highway segment so designated, improvements shall utilize a paved surface width based on reduced and flexible standards that leave trees, vegetation, side slopes, and open drainage abutting the highway undisturbed to the maximum extent possible without compromising public safety. Any highway designated as a Rural Rustic Road shall be subject to &#xA7; 62.1-44.15:34. The Department, in consultation with the affected local governing body, shall first consider the paving of a highway or highway segment meeting the criteria for a Rural Rustic Road in accordance with this subsection before making a decision to pave it to another standard as set forth in this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":224441,"text":"The Commonwealth and its agencies, instrumentalities, departments, officers, and employees acting within the scope of their duties and authority shall be immune for damages by reason of actions taken in conformity with the provisions of this section. Immunity for the local governing body of any political subdivision requesting paving under this section and the officers and employees of any such political subdivision shall be limited to that immunity provided pursuant to &#xA7; 15.2-1405.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-332\/","history_text":"<p>This law was first created in 1973. The record of its establishment is cataloged in chapter 360 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 1973 \u201cActs\u201d aren\u2019t available online. It has been modified 12 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 1977, chapter 578; in 1985, chapter 440; in 1997, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0715\">715<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0729\">729<\/a>; in 1999, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0306\">306<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0320\">320<\/a>; in 2001, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0355\">355<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0366\">366<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0414\">414<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0599\">599<\/a>; in 2006, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0546\">546<\/a>; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0195\">195<\/a>; in 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0400\">400<\/a>; in 2013, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0756\">756<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0793\">793<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0805\">805<\/a>.<\/p>","references":[{"id":68019,"section_number":"46.2-873.2","catch_line":"Maximum speed limit on rural rustic roads","order_by":null,"url":"\/46.2-873.2\/"}],"refers_to":[{"id":75274,"section_number":"15.2-1405","catch_line":"Immunity of members of local governmental entities; exception","order_by":null,"url":"\/15.2-1405\/"},{"id":57020,"section_number":"33.2-331","catch_line":"Annual meeting with county officers; six-year plan for secondary state highways; certain reimbursements required","order_by":null,"url":"\/33.2-331\/"},{"id":87045,"section_number":"62.1-44.15:34","catch_line":"Regulated activities; submission and approval of a permit application; security for performance; exemptions","order_by":null,"url":"\/62.1-44.15_34\/"}],"permalink":{"id":205877,"object_type":"law","relational_id":61434,"identifier":"33.2-332","token":"33.2\/II\/3\/3\/33.2-332","url":"\/33.2-332\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-332\/","token":"33.2\/II\/3\/3\/33.2-332","dublin_core":{"Title":"Requesting Department of Transportation to hard-surface secondary highways; paving of certain secondary highways within existing rights-of-way; designation as Rural Rustic Road","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-332","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Whenever the governing body of any county, after consultation with personnel of the <span class=\"dictionary\">Department<\/span>, adopts a resolution requesting the <span class=\"dictionary\">Department<\/span> to hard-surface any <span class=\"dictionary\">secondary highway<\/span> in such county that carries 50 or more vehicles per day with a hard surface of width and strength adequate for such traffic volume, the <span class=\"dictionary\">Department<\/span> shall give consideration to such resolution in establishing priority in expending the funds allocated to such county. The <span class=\"dictionary\">Department<\/span> shall consider the paving of <span class=\"dictionary\">highways<\/span> with a right-of-way width of less than 40 feet under this subsection when land is, has been, or can be acquired by gift for the purpose of constructing a hard-surface highway. <a id=\"paragraph-224436\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-332\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Notwithstanding the provisions of subsection A, any unpaved <span class=\"dictionary\">secondary highway<\/span> that carries at least 50 but no more than 750 vehicles per day may be paved or improved and paved within its existing right-of-way or within a wider right-of-way that is less than 40 feet wide if the following conditions are met: <a id=\"paragraph-224437\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-332\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The governing body of the county in which the highway is located has requested paving of such highway as part of the six-year plan for the county under &#xA7; <a class=\"law\" title=\"Annual meeting with county officers; six-year plan for secondary state highways; certain reimbursements required\" href=\"\/33.2-331\/\">33.2-331<\/a> and transmitted that request to the <span class=\"dictionary\">Commissioner of Highways<\/span>; and <a id=\"paragraph-224438\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-332\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The <span class=\"dictionary\">Commissioner of Highways<\/span>, after having considered only (i) the safety of such highway in its current condition and in its paved or improved condition, including the desirability of reduced speed limits and installation of other warning signs or devices; (ii) the views of the residents and owners of property adjacent to or served by such highway; (iii) the views of the local governing body making the request; (iv) the historical and aesthetic significance of such highway and its surroundings; (v) the availability of any additional land that has been or may be acquired by gift or other means for the purpose of paving such highway within its existing right-of-way or within a wider right-of-way that is less than 40 feet wide; and (vi) environmental considerations, shall grant or deny the request for the paving of such highway under this subsection. <a id=\"paragraph-224439\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-332\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Notwithstanding the provisions of subsections A and B, the governing body of any county, in consultation with the <span class=\"dictionary\">Department<\/span>, may designate a highway or highway segment as a Rural Rustic Road, provided such highway or highway segment is located in a low-density development area and has an average daily traffic volume of no more than 1,500 vehicles per day. For a highway or highway segment so designated, improvements shall utilize a paved surface width based on reduced and flexible standards that leave trees, vegetation, side slopes, and open drainage abutting the highway undisturbed to the maximum extent possible without compromising public safety. Any highway designated as a Rural Rustic Road shall be subject to &#xA7; <a class=\"law\" title=\"Regulated activities; submission and approval of a permit application; security for performance; exemptions\" href=\"\/62.1-44.15_34\/\">62.1-44.15:34<\/a>. The <span class=\"dictionary\">Department<\/span>, in consultation with the affected local governing body, shall first consider the paving of a highway or highway segment meeting the criteria for a Rural Rustic Road in accordance with this subsection before making a decision to pave it to another standard as set forth in this section. <a id=\"paragraph-224440\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-332\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The Commonwealth and its agencies, instrumentalities, <span class=\"dictionary\">departments<\/span>, officers, and employees acting within the scope of their duties and authority shall be immune for <span class=\"dictionary\">damages<\/span> by reason of actions taken in conformity with the provisions of this section. Immunity for the local governing body of any political subdivision requesting paving under this section and the officers and employees of any such political subdivision shall be limited to that immunity provided pursuant to &#xA7; <a class=\"law\" title=\"Immunity of members of local governmental entities; exception\" href=\"\/15.2-1405\/\">15.2-1405<\/a>. <a id=\"paragraph-224441\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-332\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nREQUESTING DEPARTMENT OF TRANSPORTATION TO HARD-SURFACE SECONDARY HIGHWAYS;\nPAVING OF CERTAIN SECONDARY HIGHWAYS WITHIN EXISTING RIGHTS-OF-WAY; DESIGNATION\nAS RURAL RUSTIC ROAD (\u00a7 33.2-332)\n\nA. Whenever the governing body of any county, after consultation with personnel\nof the Department, adopts a resolution requesting the Department to hard-surface\nany secondary highway in such county that carries 50 or more vehicles per day\nwith a hard surface of width and strength adequate for such traffic volume, the\nDepartment shall give consideration to such resolution in establishing priority\nin expending the funds allocated to such county. The Department shall consider\nthe paving of highways with a right-of-way width of less than 40 feet under this\nsubsection when land is, has been, or can be acquired by gift for the purpose of\nconstructing a hard-surface highway.\n\nB. Notwithstanding the provisions of subsection A, any unpaved secondary highway\nthat carries at least 50 but no more than 750 vehicles per day may be paved or\nimproved and paved within its existing right-of-way or within a wider\nright-of-way that is less than 40 feet wide if the following conditions are met:\n\n   1. The governing body of the county in which the highway is located has\n   requested paving of such highway as part of the six-year plan for the county\n   under &#xA7; 33.2-331 and transmitted that request to the Commissioner of\n   Highways; and\n\n   2. The Commissioner of Highways, after having considered only (i) the safety\n   of such highway in its current condition and in its paved or improved\n   condition, including the desirability of reduced speed limits and installation\n   of other warning signs or devices; (ii) the views of the residents and owners\n   of property adjacent to or served by such highway; (iii) the views of the\n   local governing body making the request; (iv) the historical and aesthetic\n   significance of such highway and its surroundings; (v) the availability of any\n   additional land that has been or may be acquired by gift or other means for\n   the purpose of paving such highway within its existing right-of-way or within\n   a wider right-of-way that is less than 40 feet wide; and (vi) environmental\n   considerations, shall grant or deny the request for the paving of such highway\n   under this subsection.\n\nC. Notwithstanding the provisions of subsections A and B, the governing body of\nany county, in consultation with the Department, may designate a highway or\nhighway segment as a Rural Rustic Road, provided such highway or highway segment\nis located in a low-density development area and has an average daily traffic\nvolume of no more than 1,500 vehicles per day. For a highway or highway segment\nso designated, improvements shall utilize a paved surface width based on reduced\nand flexible standards that leave trees, vegetation, side slopes, and open\ndrainage abutting the highway undisturbed to the maximum extent possible without\ncompromising public safety. Any highway designated as a Rural Rustic Road shall\nbe subject to &#xA7; 62.1-44.15:34. The Department, in consultation with the\naffected local governing body, shall first consider the paving of a highway or\nhighway segment meeting the criteria for a Rural Rustic Road in accordance with\nthis subsection before making a decision to pave it to another standard as set\nforth in this section.\n\nD. The Commonwealth and its agencies, instrumentalities, departments, officers,\nand employees acting within the scope of their duties and authority shall be\nimmune for damages by reason of actions taken in conformity with the provisions\nof this section. Immunity for the local governing body of any political\nsubdivision requesting paving under this section and the officers and employees\nof any such political subdivision shall be limited to that immunity provided\npursuant to &#xA7; 15.2-1405.\n\nHISTORY: 1973, c. 360, \u00a7 33.1-70.1; 1977, c. 578; 1985, c. 440; 1997, cc. 715,\n729; 1999, cc. 306, 320; 2001, cc. 355, 366; 2002, c. 414; 2003, c. 599; 2006,\nc. 546; 2008, c. 195; 2011, c. 400; 2013, cc. 756, 793; 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}}