{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-333.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-333.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-333.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-333.html"}],"law_id":65864,"edition_id":1,"section_id":65864,"structure_id":12832,"section_number":"33.2-333","catch_line":"Emergency paving of unpaved secondary highways; notice and local concurrence","history":"1996, c. 923, \u00a7 33.1-70.2; 2011, c. 400; 2014, c. 805.","full_text":"In the event of an emergency, an unpaved highway within the secondary state highway system shall be paved only if the following procedures are satisfied:\n\n1\n\nThe Commissioner of Highways shall consider the following factors in determining whether the unpaved secondary highway, as the result of an emergency, shall be paved: (i) the safety of the secondary highway in its current condition; (ii) the feasibility of restoring the unpaved highway to its functional level prior to the emergency; (iii) the concerns of the citizens in the locality wherein the affected highway is located, particularly those persons who own land adjacent to such highway; (iv) the concerns of the governing body of the locality affected; and (v) the historical and aesthetic significance of the unpaved secondary highway and its surroundings.2\n\nThe Commissioner of Highways shall provide notice of the intended paving to the governing body of the locality where the affected highway or portion thereof is located. The Commissioner shall provide such notice following his decision to pave the unpaved secondary highway within the locality affected.3\n\nThe local governing body&#8217;s concurrence or other recommendation regarding the proposed paving shall be forwarded to the Commissioner of Highways within 72 hours following the receipt of the Commissioner&#8217;s notice.","order_by":null,"text":{"0":{"id":239370,"text":"In the event of an emergency, an unpaved highway within the secondary state highway system shall be paved only if the following procedures are satisfied:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":239371,"text":"The Commissioner of Highways shall consider the following factors in determining whether the unpaved secondary highway, as the result of an emergency, shall be paved: (i) the safety of the secondary highway in its current condition; (ii) the feasibility of restoring the unpaved highway to its functional level prior to the emergency; (iii) the concerns of the citizens in the locality wherein the affected highway is located, particularly those persons who own land adjacent to such highway; (iv) the concerns of the governing body of the locality affected; and (v) the historical and aesthetic significance of the unpaved secondary highway and its surroundings.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":239372,"text":"The Commissioner of Highways shall provide notice of the intended paving to the governing body of the locality where the affected highway or portion thereof is located. The Commissioner shall provide such notice following his decision to pave the unpaved secondary highway within the locality affected.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":239373,"text":"The local governing body&#8217;s concurrence or other recommendation regarding the proposed paving shall be forwarded to the Commissioner of Highways within 72 hours following the receipt of the Commissioner&#8217;s notice.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-333\/","history_text":"<p>This law was first created in 1996. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0923\">923<\/a> 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. It has been modified 2 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 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0400\">400<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0805\">805<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":205881,"object_type":"law","relational_id":65864,"identifier":"33.2-333","token":"33.2\/II\/3\/3\/33.2-333","url":"\/33.2-333\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-333\/","token":"33.2\/II\/3\/3\/33.2-333","dublin_core":{"Title":"Emergency paving of unpaved secondary highways; notice and local concurrence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-333","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>In the event of an emergency, an unpaved <span class=\"dictionary\">highway<\/span> within the secondary state <span class=\"dictionary\">highway<\/span> system shall be paved only if the following procedures are satisfied:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">Commissioner of Highways<\/span> shall consider the following factors in determining whether the unpaved <span class=\"dictionary\">secondary highway<\/span>, as the result of an emergency, shall be paved: (i) the safety of the <span class=\"dictionary\">secondary highway<\/span> in its current condition; (ii) the feasibility of restoring the unpaved highway to its functional level prior to the emergency; (iii) the concerns of the citizens in the locality wherein the affected highway is located, particularly those persons who own land adjacent to such highway; (iv) the concerns of the governing body of the locality affected; and (v) the historical and aesthetic significance of the unpaved <span class=\"dictionary\">secondary highway<\/span> and its surroundings. <a id=\"paragraph-239371\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-333\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> The <span class=\"dictionary\">Commissioner of Highways<\/span> shall provide notice of the intended paving to the governing body of the locality where the affected highway or portion thereof is located. The Commissioner shall provide such notice following his decision to pave the unpaved <span class=\"dictionary\">secondary highway<\/span> within the locality affected. <a id=\"paragraph-239372\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-333\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> The local governing body&#8217;s concurrence or other recommendation regarding the proposed paving shall be forwarded to the <span class=\"dictionary\">Commissioner of Highways<\/span> within 72 hours following the receipt of the Commissioner&#8217;s notice. <a id=\"paragraph-239373\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-333\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nEMERGENCY PAVING OF UNPAVED SECONDARY HIGHWAYS; NOTICE AND LOCAL CONCURRENCE (\u00a7\n33.2-333)\n\nIn the event of an emergency, an unpaved highway within the secondary state\nhighway system shall be paved only if the following procedures are satisfied:\n\n1. The Commissioner of Highways shall consider the following factors in\ndetermining whether the unpaved secondary highway, as the result of an\nemergency, shall be paved: (i) the safety of the secondary highway in its\ncurrent condition; (ii) the feasibility of restoring the unpaved highway to its\nfunctional level prior to the emergency; (iii) the concerns of the citizens in\nthe locality wherein the affected highway is located, particularly those persons\nwho own land adjacent to such highway; (iv) the concerns of the governing body\nof the locality affected; and (v) the historical and aesthetic significance of\nthe unpaved secondary highway and its surroundings.\n\n2. The Commissioner of Highways shall provide notice of the intended paving to\nthe governing body of the locality where the affected highway or portion thereof\nis located. The Commissioner shall provide such notice following his decision to\npave the unpaved secondary highway within the locality affected.\n\n3. The local governing body&#8217;s concurrence or other recommendation\nregarding the proposed paving shall be forwarded to the Commissioner of Highways\nwithin 72 hours following the receipt of the Commissioner&#8217;s notice.\n\nHISTORY: 1996, c. 923, \u00a7 33.1-70.2; 2011, c. 400; 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}}