{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-335.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-335.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-335.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-335.html"}],"law_id":63525,"edition_id":1,"section_id":63525,"structure_id":12832,"section_number":"33.2-335","catch_line":"Taking certain streets into secondary state highway system","history":"Code 1950; 1968, c. 601; 1970, c. 322, \u00a7 33.1-72.1; 1972, c. 393; 1976, c. 391; 1977, cc. 214, 578; 1978, c. 487; 1979, c. 321; 1980, c. 96; 1981, c. 232; 1982, c. 167; 1983, cc. 171, 455; 1984, c. 146; 1987, cc. 156, 207; 1989, c. 274; 1991, c. 250; 1993, c. 71; 1995, c. 416; 1997, c. 740; 1998, cc. 330, 338, 340; 2001, c. 95; 2004, c. 677; 2006, c. 827; 2009, c. 635; 2014, c. 805; 2015, c. 179.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“County” means a county in which the secondary state highway system is constructed and maintained by the Department and that has adopted a local ordinance for control of the development of subdivision streets to the necessary standards for acceptance into the secondary state highway system.\n\t\t\t“Qualifying rural addition cost” means that portion of the estimated engineering and construction cost to improve the street to the minimum standards for acceptance remaining after reducing the total estimated cost by any prorated amount deemed the responsibility of others based on speculative interests.\n\t\t\t“Rural addition funds” means those funds reserved from the county’s annual allocation of secondary state highway system construction funds, as defined in § 33.2-324, for the purpose of this section. If such funds are not used by such county for such purpose during the fiscal year they are so allocated, the funds may be held for such purpose for the four succeeding fiscal years. A maximum of five percent of the annual secondary state system highway construction allocation may be reserved by the local governing body for rural additions.\n\t\t\t“Speculative interest” means that the original developer or a successor developer retains ownership in any lot abutting such street for development or speculative purposes. In instances where it is determined that speculative interest is retained by the original developer, developers, or successor developers and the governing body of the county deems that extenuating circumstances exist, the governing body of the county shall require a pro rata participation by such original developer, developers, or successor developers as prescribed in subsection D as a condition of the county’s recommendation pursuant to this section.\n\t\t\t“Street” means a street or highway shown on a plat that has been recorded or otherwise opened to public use and used by motor vehicles for at least 20 years and that, for any reason, has not been taken into the secondary state highway system and serves at least three families per mile.B\n\nWhenever the governing body of a county recommends in writing to the Department that any street in the county be taken into and become a part of the secondary state highway system in such county, the Department thereupon, within the limit of available funds and the mileage available in such county for the inclusion of highways and streets in the secondary state highway system, shall take such street into the secondary state highway system for maintenance, improvement, construction, and reconstruction if such street, at the time of such recommendation, (i) has a minimum dedicated width of 40 feet or (ii) in the event of extenuating circumstances as determined by the Commissioner of Highways, has a minimum dedicated width of 30 feet. In either case, such streets must have easements appurtenant thereto that conform to the policy of the Board with respect to drainage. After the streets are taken into the secondary state highway system, the Department shall maintain the same in the manner provided by law. However, no such street shall be taken into and become a part of the secondary state highway system unless and until any and all required permits have been obtained and any outstanding fees, charges, or other financial obligations of whatever nature have been satisfied or provision has been made, whether by the posting of a bond or otherwise, for their satisfaction.C\n\nSuch street shall only be taken into the secondary state highway system if the governing body of the county has identified and made available the funds required to improve the street to the required minimum standards. The county may consider the following options to fund the required improvements for streets accepted under this section:1\n\nThe governing body of the county may use a portion of the county’s annual secondary state highway system construction allocation designated as rural addition funds to fund the qualifying rural addition costs for qualifying streets if the county agrees to contribute from county revenue or the special assessment of the landowners on the street in question one-half of the qualifying rural addition cost to bring the streets up to the necessary minimum standards for acceptance. No such special assessment of landowners on such streets shall be made unless the governing body of the county receives written declarations from the owners of 75 percent or more of the platted parcels of land abutting upon such streets stating their acquiescence in such assessments. The basis for such special assessments, at the option of the local governing body, shall be either (i) the proportion the value of each abutting parcel bears to the total value of all abutting parcels on such street as determined by the current evaluation of the property for real estate tax purposes, (ii) the proportion the abutting road front footage of each parcel abutting the street bears to the total abutting road front footage of all parcels abutting on the street, or (iii) an equal amount for each parcel abutting on such street. No such special assessment on any parcel shall exceed one-third of the current valuation of such property for real estate tax purposes. Special assessments under this section shall be conducted in the manner provided in Article 2 (§ 15.2-2404 et seq.) of Chapter 24 of Title 15.2, mutatis mutandis, for assessments for local improvements.2\n\nThe governing body of any county may use a portion of its annual secondary state highway system construction allocation designated as rural addition funds to fund the qualifying rural addition cost for qualifying streets within the limitation of funds and the mileage limitation of the Board’s policy on rural additions.3\n\nThe governing body of any county may use revenues derived from the sale of bonds to finance the construction of rural additions to the secondary state highway system of such county. In addition, from the funds allocated by the Commonwealth for the construction of secondary state highway improvements, such local governing body may use funds allocated within the Board policy for the construction of rural additions to pay principal and interest on bonds associated with rural additions in such county, provided the revenue derived from the sale of such bonds is not used as the county matching contribution under § 33.2-357. The provisions of this section shall not constitute a debt or obligation of the Board or the Commonwealth.4\n\nThe governing body of the county may expend general county revenue for the purposes of this section.5\n\nThe governing body of the county may permit one or more of the landowners on the street in question to pay to the county a sum equal to one-half of the qualifying rural addition cost to bring the street up to the necessary minimum standards for acceptance into the secondary state highway system, which funds the county shall then utilize for such purpose. Thereafter, upon collection of the special assessment of landowners on such street, the county shall use such special assessment funds to reimburse, without interest, the one or more landowners for those funds that they previously advanced to the county to bring the street up to the necessary minimum standards for acceptance.6\n\nThe governing body of the county may utilize the allocations made to the county in accordance with § 33.2-357.D\n\nIn instances where it is determined that speculative interest exists, the basis for the pro rata percentage required of such developer, developers, or successor developers shall be the proportion that the value of the abutting parcels owned or partly owned by the developer, developers, or successor developers bears to the total value of all abutting property as determined by the current valuation of the property for real estate purposes. The pro rata percentage shall be applied to the Department’s total estimated cost to construct such street to the necessary minimum standards for acceptance to determine the amount of costs to be borne by the developer, developers, or successor developers. Property so valuated shall not be assessed in the special assessment for the determination of the individual pro rata share attributable to other properties. Further, when such pro rata participation is accepted by the governing body of the county from such original developer, developers, or successor developers, such amount shall be deducted from the Department’s total estimated cost, and the remainder of such estimated cost, the qualifying rural addition cost, shall then be the basis of determining the assessment under the special assessment provision or determining the amount to be provided by the county when funded from general county revenue under the definition of speculative interest in subsection A or determining the amount to be funded as a rural addition under the definition of qualifying rural addition cost in subsection A.E\n\nAcceptance of any street into the secondary state highway system for maintenance, improvement, construction, and reconstruction shall not impose any obligation on the Board to acquire any additional right-of-way or easements should they be necessary by virtue of faulty construction or design.","order_by":null,"text":{"0":{"id":231420,"text":"For the purposes of this section:\n\t\t\t“County” means a county in which the secondary state highway system is constructed and maintained by the Department and that has adopted a local ordinance for control of the development of subdivision streets to the necessary standards for acceptance into the secondary state highway system.\n\t\t\t“Qualifying rural addition cost” means that portion of the estimated engineering and construction cost to improve the street to the minimum standards for acceptance remaining after reducing the total estimated cost by any prorated amount deemed the responsibility of others based on speculative interests.\n\t\t\t“Rural addition funds” means those funds reserved from the county’s annual allocation of secondary state highway system construction funds, as defined in § 33.2-324, for the purpose of this section. If such funds are not used by such county for such purpose during the fiscal year they are so allocated, the funds may be held for such purpose for the four succeeding fiscal years. A maximum of five percent of the annual secondary state system highway construction allocation may be reserved by the local governing body for rural additions.\n\t\t\t“Speculative interest” means that the original developer or a successor developer retains ownership in any lot abutting such street for development or speculative purposes. In instances where it is determined that speculative interest is retained by the original developer, developers, or successor developers and the governing body of the county deems that extenuating circumstances exist, the governing body of the county shall require a pro rata participation by such original developer, developers, or successor developers as prescribed in subsection D as a condition of the county’s recommendation pursuant to this section.\n\t\t\t“Street” means a street or highway shown on a plat that has been recorded or otherwise opened to public use and used by motor vehicles for at least 20 years and that, for any reason, has not been taken into the secondary state highway system and serves at least three families per mile.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":231421,"text":"Whenever the governing body of a county recommends in writing to the Department that any street in the county be taken into and become a part of the secondary state highway system in such county, the Department thereupon, within the limit of available funds and the mileage available in such county for the inclusion of highways and streets in the secondary state highway system, shall take such street into the secondary state highway system for maintenance, improvement, construction, and reconstruction if such street, at the time of such recommendation, (i) has a minimum dedicated width of 40 feet or (ii) in the event of extenuating circumstances as determined by the Commissioner of Highways, has a minimum dedicated width of 30 feet. In either case, such streets must have easements appurtenant thereto that conform to the policy of the Board with respect to drainage. After the streets are taken into the secondary state highway system, the Department shall maintain the same in the manner provided by law. However, no such street shall be taken into and become a part of the secondary state highway system unless and until any and all required permits have been obtained and any outstanding fees, charges, or other financial obligations of whatever nature have been satisfied or provision has been made, whether by the posting of a bond or otherwise, for their satisfaction.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":231422,"text":"Such street shall only be taken into the secondary state highway system if the governing body of the county has identified and made available the funds required to improve the street to the required minimum standards. The county may consider the following options to fund the required improvements for streets accepted under this section:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":231423,"text":"The governing body of the county may use a portion of the county’s annual secondary state highway system construction allocation designated as rural addition funds to fund the qualifying rural addition costs for qualifying streets if the county agrees to contribute from county revenue or the special assessment of the landowners on the street in question one-half of the qualifying rural addition cost to bring the streets up to the necessary minimum standards for acceptance. No such special assessment of landowners on such streets shall be made unless the governing body of the county receives written declarations from the owners of 75 percent or more of the platted parcels of land abutting upon such streets stating their acquiescence in such assessments. The basis for such special assessments, at the option of the local governing body, shall be either (i) the proportion the value of each abutting parcel bears to the total value of all abutting parcels on such street as determined by the current evaluation of the property for real estate tax purposes, (ii) the proportion the abutting road front footage of each parcel abutting the street bears to the total abutting road front footage of all parcels abutting on the street, or (iii) an equal amount for each parcel abutting on such street. No such special assessment on any parcel shall exceed one-third of the current valuation of such property for real estate tax purposes. Special assessments under this section shall be conducted in the manner provided in Article 2 (§ 15.2-2404 et seq.) of Chapter 24 of Title 15.2, mutatis mutandis, for assessments for local improvements.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":231424,"text":"The governing body of any county may use a portion of its annual secondary state highway system construction allocation designated as rural addition funds to fund the qualifying rural addition cost for qualifying streets within the limitation of funds and the mileage limitation of the Board’s policy on rural additions.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":231425,"text":"The governing body of any county may use revenues derived from the sale of bonds to finance the construction of rural additions to the secondary state highway system of such county. In addition, from the funds allocated by the Commonwealth for the construction of secondary state highway improvements, such local governing body may use funds allocated within the Board policy for the construction of rural additions to pay principal and interest on bonds associated with rural additions in such county, provided the revenue derived from the sale of such bonds is not used as the county matching contribution under § 33.2-357. The provisions of this section shall not constitute a debt or obligation of the Board or the Commonwealth.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":231426,"text":"The governing body of the county may expend general county revenue for the purposes of this section.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":231427,"text":"The governing body of the county may permit one or more of the landowners on the street in question to pay to the county a sum equal to one-half of the qualifying rural addition cost to bring the street up to the necessary minimum standards for acceptance into the secondary state highway system, which funds the county shall then utilize for such purpose. Thereafter, upon collection of the special assessment of landowners on such street, the county shall use such special assessment funds to reimburse, without interest, the one or more landowners for those funds that they previously advanced to the county to bring the street up to the necessary minimum standards for acceptance.","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":231428,"text":"The governing body of the county may utilize the allocations made to the county in accordance with § 33.2-357.","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"D"},"9":{"id":231429,"text":"In instances where it is determined that speculative interest exists, the basis for the pro rata percentage required of such developer, developers, or successor developers shall be the proportion that the value of the abutting parcels owned or partly owned by the developer, developers, or successor developers bears to the total value of all abutting property as determined by the current valuation of the property for real estate purposes. The pro rata percentage shall be applied to the Department’s total estimated cost to construct such street to the necessary minimum standards for acceptance to determine the amount of costs to be borne by the developer, developers, or successor developers. Property so valuated shall not be assessed in the special assessment for the determination of the individual pro rata share attributable to other properties. Further, when such pro rata participation is accepted by the governing body of the county from such original developer, developers, or successor developers, such amount shall be deducted from the Department’s total estimated cost, and the remainder of such estimated cost, the qualifying rural addition cost, shall then be the basis of determining the assessment under the special assessment provision or determining the amount to be provided by the county when funded from general county revenue under the definition of speculative interest in subsection A or determining the amount to be funded as a rural addition under the definition of qualifying rural addition cost in subsection A.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C6","next_prefix":"E"},"10":{"id":231430,"text":"Acceptance of any street into the secondary state highway system for maintenance, improvement, construction, and reconstruction shall not impose any obligation on the Board to acquire any additional right-of-way or easements should they be necessary by virtue of faulty construction or design.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-335\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 25 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 1968, chapter 601; in 1970, chapter 322; in 1972, chapter 393; in 1976, chapter 391; in 1977, chapters 214 and 578; in 1978, chapter 487; in 1979, chapter 321; in 1980, chapter 96; in 1981, chapter 232; in 1982, chapter 167; in 1983, chapters 171 and 455; in 1984, chapter 146; in 1987, chapters 156 and 207; in 1989, chapter 274; in 1991, chapter 250; in 1993, chapter 71; in 1995, chapter 416<\/a>; in 1997, chapter 740<\/a>; in 1998, chapters 330<\/a>, 338<\/a>, and 340<\/a>; in 2001, chapter 95<\/a>; in 2004, chapter 677<\/a>; in 2006, chapter 827<\/a>; in 2009, chapter 635<\/a>; in 2014, chapter 805<\/a>; in 2015, chapter 179<\/a>.<\/p>","references":[{"id":87419,"section_number":"15.2-2277","catch_line":"Franklin County may require that notice be given to deed grantees of certain disclaimers regarding responsibility for roads; county eligible to have certain streets taken into secondary system","order_by":null,"url":"\/15.2-2277\/"},{"id":55773,"section_number":"33.2-336","catch_line":"Funds allocated to counties for Rural Addition Program; street standards","order_by":null,"url":"\/33.2-336\/"},{"id":74518,"section_number":"33.2-357","catch_line":"Revenue-sharing funds for systems in certain localities","order_by":null,"url":"\/33.2-357\/"},{"id":70421,"section_number":"55.1-308","catch_line":"Private roads; public use; maintenance and improvements","order_by":null,"url":"\/55.1-308\/"}],"refers_to":[{"id":70381,"section_number":"15.2-2404","catch_line":"Authority to impose taxes or assessments for local improvements; purposes","order_by":null,"url":"\/15.2-2404\/"},{"id":62779,"section_number":"33.2-324","catch_line":"Secondary state highway system; composition","order_by":null,"url":"\/33.2-324\/"},{"id":74518,"section_number":"33.2-357","catch_line":"Revenue-sharing funds for systems in certain localities","order_by":null,"url":"\/33.2-357\/"}],"permalink":{"id":205889,"object_type":"law","relational_id":63525,"identifier":"33.2-335","token":"33.2\/II\/3\/3\/33.2-335","url":"\/33.2-335\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-335\/","token":"33.2\/II\/3\/3\/33.2-335","dublin_core":{"Title":"Taking certain streets into secondary state highway system","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-335","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“County<\/span>” means a county<\/span> in which the secondary state highway system is constructed and maintained by the Department<\/span> and that has adopted a local ordinance<\/span> for control of the development of subdivision streets<\/span> to the necessary standards for acceptance into the secondary state highway system.\n\t\t\t“Qualifying rural addition cost<\/span>” means that portion of the estimated engineering and construction cost to improve the street<\/span> to the minimum standards for acceptance remaining after reducing the total estimated cost by any prorated amount deemed the responsibility of others based on speculative interests<\/span>.\n\t\t\t“Rural addition funds<\/span>” means those funds reserved from the county<\/span>’s annual allocation of secondary state highway system construction funds, as defined in § 33.2-324<\/a>, for the purpose of this section. If such funds are not used by such county<\/span> for such purpose during the fiscal year they are so allocated, the funds may be held for such purpose for the four succeeding fiscal years. A maximum of five percent of the annual secondary state system highway construction<\/span> allocation may be reserved by the local governing body for rural additions.\n\t\t\t“Speculative interest<\/span>” means that the original developer or a successor developer retains ownership in any lot abutting such street<\/span> for development or speculative purposes. In instances where it is determined that speculative interest<\/span> is retained by the original developer, developers, or successor developers and the governing body of the county<\/span> deems that extenuating circumstances<\/span> exist, the governing body of the county<\/span> shall require a pro rata participation by such original developer, developers, or successor developers as prescribed in subsection D as a condition of the county<\/span>’s recommendation pursuant to this section.\n\t\t\t“Street<\/span>” means a street<\/span> or highway shown on a plat that has been recorded or otherwise opened to public use and used by motor vehicles for at least 20 years and that, for any reason, has not been taken into the secondary state highway system and serves at least three families per mile. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Whenever the governing body of a county<\/span> recommends in writing to the Department<\/span> that any street<\/span> in the county<\/span> be taken into and become a part of the secondary state highway system in such county<\/span>, the Department<\/span> thereupon, within the limit of available funds and the mileage available in such county<\/span> for the inclusion of highways and streets<\/span> in the secondary state highway system, shall take such street<\/span> into the secondary state highway system for maintenance<\/span>, improvement, construction, and reconstruction if such street<\/span>, at the time of such recommendation, (i) has a minimum dedicated width of 40 feet or (ii) in the event of extenuating circumstances<\/span> as determined by the Commissioner of Highways<\/span>, has a minimum dedicated width of 30 feet. In either case, such streets<\/span> must have easements appurtenant thereto that conform to the policy of the Board<\/span> with respect to drainage. After the streets<\/span> are taken into the secondary state highway system, the Department<\/span> shall maintain the same in the manner provided by law<\/span>. However, no such street<\/span> shall be taken into and become a part of the secondary state highway system unless and until any and all required permits have been obtained and any outstanding fees, charges, or other financial obligations of whatever nature have been satisfied or provision has been made, whether by the posting of a bond<\/span> or otherwise, for their satisfaction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Such street<\/span> shall only be taken into the secondary state highway system if the governing body of the county<\/span> has identified and made available the funds required to improve the street<\/span> to the required minimum standards. The county<\/span> may consider the following options to fund the required improvements for streets<\/span> accepted under this section: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The governing body of the county<\/span> may use a portion of the county<\/span>’s annual secondary state highway system construction allocation designated as rural addition funds<\/span> to fund the qualifying rural addition costs<\/span> for qualifying streets<\/span> if the county<\/span> agrees to contribute from county<\/span> revenue or the special assessment of the landowners on the street<\/span> in question one-half of the qualifying rural addition cost<\/span> to bring the streets<\/span> up to the necessary minimum standards for acceptance. No such special assessment of landowners on such streets<\/span> shall be made unless the governing body of the county<\/span> receives written declarations from the owners of 75 percent or more of the platted parcels of land abutting upon such streets<\/span> stating their acquiescence in such assessments. The basis for such special assessments, at the option of the local governing body, shall be either (i) the proportion the value of each abutting parcel bears to the total value of all abutting parcels on such street<\/span> as determined by the current evaluation of the property for real estate tax purposes, (ii) the proportion the abutting road front footage of each parcel abutting the street<\/span> bears to the total abutting road front footage of all parcels abutting on the street<\/span>, or (iii) an equal amount for each parcel abutting on such street<\/span>. No such special assessment on any parcel shall exceed one-third of the current valuation of such property for real estate tax purposes. Special assessments under this section shall be conducted in the manner provided in Article 2 (§ 15.2-2404<\/a> et seq.) of Chapter 24 of Title 15.2, mutatis mutandis<\/span>, for assessments for local improvements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The governing body of any county<\/span> may use a portion of its annual secondary state highway system construction allocation designated as rural addition funds<\/span> to fund the qualifying rural addition cost<\/span> for qualifying streets<\/span> within the limitation of funds and the mileage limitation of the Board<\/span>’s policy on rural additions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The governing body of any county<\/span> may use revenues derived from the sale of bonds<\/span> to finance the construction of rural additions to the secondary state highway system of such county<\/span>. In addition, from the funds allocated by the Commonwealth for the construction of secondary state highway improvements, such local governing body may use funds allocated within the Board<\/span> policy for the construction of rural additions to pay principal and interest on bonds<\/span> associated with rural additions in such county<\/span>, provided the revenue derived from the sale of such bonds<\/span> is not used as the county<\/span> matching contribution under § 33.2-357<\/a>. The provisions of this section shall not constitute a debt or obligation of the Board<\/span> or the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The governing body of the county<\/span> may expend general county<\/span> revenue for the purposes of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The governing body of the county<\/span> may permit one or more of the landowners on the street<\/span> in question to pay to the county<\/span> a sum equal to one-half of the qualifying rural addition cost<\/span> to bring the street<\/span> up to the necessary minimum standards for acceptance into the secondary state highway system, which funds the county<\/span> shall then utilize for such purpose. Thereafter, upon collection of the special assessment of landowners on such street<\/span>, the county<\/span> shall use such special assessment funds to reimburse, without interest, the one or more landowners for those funds that they previously advanced to the county<\/span> to bring the street<\/span> up to the necessary minimum standards for acceptance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The governing body of the county<\/span> may utilize the allocations made to the county<\/span> in accordance with § 33.2-357<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In instances where it is determined that speculative interest<\/span> exists, the basis for the pro rata percentage required of such developer, developers, or successor developers shall be the proportion that the value of the abutting parcels owned or partly owned by the developer, developers, or successor developers bears to the total value of all abutting property as determined by the current valuation of the property for real estate purposes. The pro rata percentage shall be applied to the Department<\/span>’s total estimated cost to construct such street<\/span> to the necessary minimum standards for acceptance to determine the amount of costs to be borne by the developer, developers, or successor developers. Property so valuated shall not be assessed in the special assessment for the determination of the individual pro rata share attributable to other properties. Further, when such pro rata participation is accepted by the governing body of the county<\/span> from such original developer, developers, or successor developers, such amount shall be deducted from the Department<\/span>’s total estimated cost, and the remainder of such estimated cost, the qualifying rural addition cost<\/span>, shall then be the basis of determining the assessment under the special assessment provision or determining the amount to be provided by the county<\/span> when funded from general county<\/span> revenue under the definition of speculative interest<\/span> in subsection A or determining the amount to be funded as a rural addition under the definition of qualifying rural addition cost<\/span> in subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Acceptance of any street<\/span> into the secondary state highway system for maintenance<\/span>, improvement, construction, and reconstruction shall not impose any obligation on the Board<\/span> to acquire any additional right-of-way or easements should they be necessary by virtue of faulty construction or design. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTAKING CERTAIN STREETS INTO SECONDARY STATE HIGHWAY SYSTEM (\u00a7 33.2-335)\n\nA. For the purposes of this section:\n\t\t\t“County” means a county in which the secondary state highway\nsystem is constructed and maintained by the Department and that has adopted a\nlocal ordinance for control of the development of subdivision streets to the\nnecessary standards for acceptance into the secondary state highway system.\n\t\t\t“Qualifying rural addition cost” means that portion of the\nestimated engineering and construction cost to improve the street to the minimum\nstandards for acceptance remaining after reducing the total estimated cost by\nany prorated amount deemed the responsibility of others based on speculative\ninterests.\n\t\t\t“Rural addition funds” means those funds reserved from the\ncounty’s annual allocation of secondary state highway system construction\nfunds, as defined in § 33.2-324, for the purpose of this section. If such\nfunds are not used by such county for such purpose during the fiscal year they\nare so allocated, the funds may be held for such purpose for the four succeeding\nfiscal years. A maximum of five percent of the annual secondary state system\nhighway construction allocation may be reserved by the local governing body for\nrural additions.\n\t\t\t“Speculative interest” means that the original developer or a\nsuccessor developer retains ownership in any lot abutting such street for\ndevelopment or speculative purposes. In instances where it is determined that\nspeculative interest is retained by the original developer, developers, or\nsuccessor developers and the governing body of the county deems that extenuating\ncircumstances exist, the governing body of the county shall require a pro rata\nparticipation by such original developer, developers, or successor developers as\nprescribed in subsection D as a condition of the county’s recommendation\npursuant to this section.\n\t\t\t“Street” means a street or highway shown on a plat that has been\nrecorded or otherwise opened to public use and used by motor vehicles for at\nleast 20 years and that, for any reason, has not been taken into the secondary\nstate highway system and serves at least three families per mile.\n\nB. Whenever the governing body of a county recommends in writing to the\nDepartment that any street in the county be taken into and become a part of the\nsecondary state highway system in such county, the Department thereupon, within\nthe limit of available funds and the mileage available in such county for the\ninclusion of highways and streets in the secondary state highway system, shall\ntake such street into the secondary state highway system for maintenance,\nimprovement, construction, and reconstruction if such street, at the time of\nsuch recommendation, (i) has a minimum dedicated width of 40 feet or (ii) in the\nevent of extenuating circumstances as determined by the Commissioner of\nHighways, has a minimum dedicated width of 30 feet. In either case, such streets\nmust have easements appurtenant thereto that conform to the policy of the Board\nwith respect to drainage. After the streets are taken into the secondary state\nhighway system, the Department shall maintain the same in the manner provided by\nlaw. However, no such street shall be taken into and become a part of the\nsecondary state highway system unless and until any and all required permits\nhave been obtained and any outstanding fees, charges, or other financial\nobligations of whatever nature have been satisfied or provision has been made,\nwhether by the posting of a bond or otherwise, for their satisfaction.\n\nC. Such street shall only be taken into the secondary state highway system if\nthe governing body of the county has identified and made available the funds\nrequired to improve the street to the required minimum standards. The county may\nconsider the following options to fund the required improvements for streets\naccepted under this section:\n\n 1. The governing body of the county may use a portion of the county’s\n annual secondary state highway system construction allocation designated as\n rural addition funds to fund the qualifying rural addition costs for\n qualifying streets if the county agrees to contribute from county revenue or\n the special assessment of the landowners on the street in question one-half of\n the qualifying rural addition cost to bring the streets up to the necessary\n minimum standards for acceptance. No such special assessment of landowners on\n such streets shall be made unless the governing body of the county receives\n written declarations from the owners of 75 percent or more of the platted\n parcels of land abutting upon such streets stating their acquiescence in such\n assessments. The basis for such special assessments, at the option of the\n local governing body, shall be either (i) the proportion the value of each\n abutting parcel bears to the total value of all abutting parcels on such\n street as determined by the current evaluation of the property for real estate\n tax purposes, (ii) the proportion the abutting road front footage of each\n parcel abutting the street bears to the total abutting road front footage of\n all parcels abutting on the street, or (iii) an equal amount for each parcel\n abutting on such street. No such special assessment on any parcel shall exceed\n one-third of the current valuation of such property for real estate tax\n purposes. Special assessments under this section shall be conducted in the\n manner provided in Article 2 (§ 15.2-2404 et seq.) of Chapter 24 of Title\n 15.2, mutatis mutandis, for assessments for local improvements.\n\n 2. The governing body of any county may use a portion of its annual secondary\n state highway system construction allocation designated as rural addition\n funds to fund the qualifying rural addition cost for qualifying streets within\n the limitation of funds and the mileage limitation of the Board’s policy\n on rural additions.\n\n 3. The governing body of any county may use revenues derived from the sale of\n bonds to finance the construction of rural additions to the secondary state\n highway system of such county. In addition, from the funds allocated by the\n Commonwealth for the construction of secondary state highway improvements,\n such local governing body may use funds allocated within the Board policy for\n the construction of rural additions to pay principal and interest on bonds\n associated with rural additions in such county, provided the revenue derived\n from the sale of such bonds is not used as the county matching contribution\n under § 33.2-357. The provisions of this section shall not constitute a\n debt or obligation of the Board or the Commonwealth.\n\n 4. The governing body of the county may expend general county revenue for the\n purposes of this section.\n\n 5. The governing body of the county may permit one or more of the landowners\n on the street in question to pay to the county a sum equal to one-half of the\n qualifying rural addition cost to bring the street up to the necessary minimum\n standards for acceptance into the secondary state highway system, which funds\n the county shall then utilize for such purpose. Thereafter, upon collection of\n the special assessment of landowners on such street, the county shall use such\n special assessment funds to reimburse, without interest, the one or more\n landowners for those funds that they previously advanced to the county to\n bring the street up to the necessary minimum standards for acceptance.\n\n 6. The governing body of the county may utilize the allocations made to the\n county in accordance with § 33.2-357.\n\nD. In instances where it is determined that speculative interest exists, the\nbasis for the pro rata percentage required of such developer, developers, or\nsuccessor developers shall be the proportion that the value of the abutting\nparcels owned or partly owned by the developer, developers, or successor\ndevelopers bears to the total value of all abutting property as determined by\nthe current valuation of the property for real estate purposes. The pro rata\npercentage shall be applied to the Department’s total estimated cost to\nconstruct such street to the necessary minimum standards for acceptance to\ndetermine the amount of costs to be borne by the developer, developers, or\nsuccessor developers. Property so valuated shall not be assessed in the special\nassessment for the determination of the individual pro rata share attributable\nto other properties. Further, when such pro rata participation is accepted by\nthe governing body of the county from such original developer, developers, or\nsuccessor developers, such amount shall be deducted from the Department’s\ntotal estimated cost, and the remainder of such estimated cost, the qualifying\nrural addition cost, shall then be the basis of determining the assessment under\nthe special assessment provision or determining the amount to be provided by the\ncounty when funded from general county revenue under the definition of\nspeculative interest in subsection A or determining the amount to be funded as a\nrural addition under the definition of qualifying rural addition cost in\nsubsection A.\n\nE. Acceptance of any street into the secondary state highway system for\nmaintenance, improvement, construction, and reconstruction shall not impose any\nobligation on the Board to acquire any additional right-of-way or easements\nshould they be necessary by virtue of faulty construction or design.\n\nHISTORY: Code 1950; 1968, c. 601; 1970, c. 322, \u00a7 33.1-72.1; 1972, c. 393;\n1976, c. 391; 1977, cc. 214, 578; 1978, c. 487; 1979, c. 321; 1980, c. 96; 1981,\nc. 232; 1982, c. 167; 1983, cc. 171, 455; 1984, c. 146; 1987, cc. 156, 207;\n1989, c. 274; 1991, c. 250; 1993, c. 71; 1995, c. 416; 1997, c. 740; 1998, cc.\n330, 338, 340; 2001, c. 95; 2004, c. 677; 2006, c. 827; 2009, c. 635; 2014, c.\n805; 2015, c. 179.","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}}