{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-338.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-338.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-338.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-338.html"}],"law_id":77373,"edition_id":1,"section_id":77373,"structure_id":12832,"section_number":"33.2-338","catch_line":"Construction and improvement of primary or secondary highways by counties","history":"1981, c. 321, \u00a7 33.1-75.3; 1982, c. 218; 1983, cc. 321, 325; 1984, c. 127; 1985, c. 562; 1988, c. 654; 1989, c. 143; 1990, c. 36; 1995, c. 105; 1998, cc. 334, 341, 342; 2000, c. 88; 2003, c. 303; 2005, c. 342; 2006, cc. 115, 827; 2014, c. 805; 2015, c. 684; 2020, c. 784.","full_text":"A\n\nNotwithstanding any other provisions of this article, the governing body of any county may expend general revenues or revenues derived from the sale of bonds for the purpose of constructing or improving highways, including curbs, gutters, drainageways, sound barriers, sidewalks, and all other features or appurtenances conducive to the public safety and convenience, that either have been or may be taken into the primary or secondary state highway system. Project planning and the acquisition of rights-of-way shall be under the control and at the direction of the county, subject to the approval of project plans and specifications by the Department. All costs incurred by the Department in administering such contracts shall be reimbursed from the county’s general revenues or from revenues derived from the sale of bonds or such costs may be charged against the funds that the county may be entitled to under the provisions of § 33.2-358.B\n\nProjects undertaken under the authority of subsection A shall not diminish the funds to which a county may be entitled under the provisions of § 33.2-357 or 33.2-358.C\n\nAt the request of the county, the Department may agree to undertake the design, right-of-way acquisition, or construction of projects funded by the county. In such situations, the Department and the county shall enter into an agreement specifying all relevant procedures and responsibilities concerning the design, right-of-way acquisition, construction, or contract administration of projects to be funded by the county. The county shall reimburse the Department for all costs incurred by the Department in carrying out the aforesaid activities from general revenues or revenues derived from the sale of bonds.D\n\nNotwithstanding any contrary provision of law, any county may undertake activities toward the design, land acquisition, or construction of primary or secondary state highway projects that have been included in the six-year plan pursuant to § 33.2-331, or in the case of a primary state highway, an approved project included in the six-year improvement program of the Board. In such situations, the Department and the county shall enter into an agreement specifying all relevant procedures and responsibilities concerning the design, right-of-way acquisition, construction, or contract administration of projects to be funded by the Department. Such activities shall be undertaken with the prior concurrence of the Department, and the Department shall compensate the county for eligible expenses incurred in carrying out these activities. The county may undertake these activities in accordance with all applicable county procedures, provided the Commissioner of Highways finds that those county procedures are substantially similar to departmental procedures and specifications.E\n\nIf funding for the construction of a primary or interstate project is scheduled in the Board’s Six-Year Improvement Program as defined in § 33.2-214, a locality may choose to advance funds to the project. If such advance is offered, the Board may consider such request and agree to such advancement and the subsequent reimbursement of the locality of the advance in accordance with terms agreed upon by the Board or its designee and the locality.F\n\nAny county carrying out any construction project as authorized in this section may, in so doing, exercise the powers granted the Commissioner of Highways under Article 1 (§ 33.2-1000 et seq.) of Chapter 10 to enter property for the purpose of making an examination and survey thereof, with a view to ascertainment of its suitability for highway purposes and any other purpose incidental thereto.G\n\nFor the purposes of this section, any county without an existing franchise agreement, when administering a Department-sanctioned project under a land-use permit or transportation project agreement, shall have the same authority as the Department pertaining to the relocation of utilities.H\n\nWhenever so requested by any county, funding of any project undertaken as provided in this section may be supplemented solely by state funds in order to avoid the necessity of complying with additional federal requirements, provided a determination has been made by the Department that (i) adequate state funds are available to fully match available federal transportation funds and (ii) the Department can meet its federal obligation authority, as permitted by federal law.","order_by":null,"text":{"0":{"id":277546,"text":"Notwithstanding any other provisions of this article, the governing body of any county may expend general revenues or revenues derived from the sale of bonds for the purpose of constructing or improving highways, including curbs, gutters, drainageways, sound barriers, sidewalks, and all other features or appurtenances conducive to the public safety and convenience, that either have been or may be taken into the primary or secondary state highway system. Project planning and the acquisition of rights-of-way shall be under the control and at the direction of the county, subject to the approval of project plans and specifications by the Department. All costs incurred by the Department in administering such contracts shall be reimbursed from the county’s general revenues or from revenues derived from the sale of bonds or such costs may be charged against the funds that the county may be entitled to under the provisions of § 33.2-358.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":277547,"text":"Projects undertaken under the authority of subsection A shall not diminish the funds to which a county may be entitled under the provisions of § 33.2-357 or 33.2-358.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":277548,"text":"At the request of the county, the Department may agree to undertake the design, right-of-way acquisition, or construction of projects funded by the county. In such situations, the Department and the county shall enter into an agreement specifying all relevant procedures and responsibilities concerning the design, right-of-way acquisition, construction, or contract administration of projects to be funded by the county. The county shall reimburse the Department for all costs incurred by the Department in carrying out the aforesaid activities from general revenues or revenues derived from the sale of bonds.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":277549,"text":"Notwithstanding any contrary provision of law, any county may undertake activities toward the design, land acquisition, or construction of primary or secondary state highway projects that have been included in the six-year plan pursuant to § 33.2-331, or in the case of a primary state highway, an approved project included in the six-year improvement program of the Board. In such situations, the Department and the county shall enter into an agreement specifying all relevant procedures and responsibilities concerning the design, right-of-way acquisition, construction, or contract administration of projects to be funded by the Department. Such activities shall be undertaken with the prior concurrence of the Department, and the Department shall compensate the county for eligible expenses incurred in carrying out these activities. The county may undertake these activities in accordance with all applicable county procedures, provided the Commissioner of Highways finds that those county procedures are substantially similar to departmental procedures and specifications.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":277550,"text":"If funding for the construction of a primary or interstate project is scheduled in the Board’s Six-Year Improvement Program as defined in § 33.2-214, a locality may choose to advance funds to the project. If such advance is offered, the Board may consider such request and agree to such advancement and the subsequent reimbursement of the locality of the advance in accordance with terms agreed upon by the Board or its designee and the locality.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":277551,"text":"Any county carrying out any construction project as authorized in this section may, in so doing, exercise the powers granted the Commissioner of Highways under Article 1 (§ 33.2-1000 et seq.) of Chapter 10 to enter property for the purpose of making an examination and survey thereof, with a view to ascertainment of its suitability for highway purposes and any other purpose incidental thereto.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":277552,"text":"For the purposes of this section, any county without an existing franchise agreement, when administering a Department-sanctioned project under a land-use permit or transportation project agreement, shall have the same authority as the Department pertaining to the relocation of utilities.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":277553,"text":"Whenever so requested by any county, funding of any project undertaken as provided in this section may be supplemented solely by state funds in order to avoid the necessity of complying with additional federal requirements, provided a determination has been made by the Department that (i) adequate state funds are available to fully match available federal transportation funds and (ii) the Department can meet its federal obligation authority, as permitted by federal law.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-338\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 321 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 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 15 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 1982, chapter 218; in 1983, chapters 321 and 325; in 1984, chapter 127; in 1985, chapter 562; in 1988, chapter 654; in 1989, chapter 143; in 1990, chapter 36; in 1998, chapters 334<\/a>, 341<\/a>, and 342<\/a>; in 2000, chapter 88<\/a>; in 2003, chapter 303<\/a>; in 2005, chapter 342<\/a>; in 2006, chapters 115<\/a> and 827<\/a>; in 2014, chapter 805<\/a>; in 2015, chapter 684<\/a>; in 2020, chapter 784<\/a>.<\/p>","references":[{"id":69110,"section_number":"58.1-816","catch_line":"(Contingent effective date \u2014 see Acts 2020, cc. 1241 and 1281) Distribution of recordation tax to cities and counties","order_by":null,"url":"\/58.1-816\/"}],"refers_to":[{"id":71835,"section_number":"33.2-1000","catch_line":"Definitions","order_by":null,"url":"\/33.2-1000\/"},{"id":57318,"section_number":"33.2-214","catch_line":"Transportation; Six-Year Improvement Program","order_by":null,"url":"\/33.2-214\/"},{"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":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":205901,"object_type":"law","relational_id":77373,"identifier":"33.2-338","token":"33.2\/II\/3\/3\/33.2-338","url":"\/33.2-338\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-338\/","token":"33.2\/II\/3\/3\/33.2-338","dublin_core":{"Title":"Construction and improvement of primary or secondary highways by counties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-338","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provisions of this article, the governing body of any county may expend general revenues or revenues derived from the sale of bonds<\/span> for the purpose of constructing or improving highways<\/span>, including curbs, gutters, drainageways, sound barriers, sidewalks, and all other features or appurtenances conducive to the public safety and convenience, that either have been or may be taken into the primary or secondary state highway<\/span> system. Project planning and the acquisition of rights-of-way shall be under the control and at the direction of the county, subject to the approval of project plans and specifications by the Department<\/span>. All costs incurred by the Department<\/span> in administering such contracts<\/span> shall be reimbursed from the county’s general revenues or from revenues derived from the sale of bonds<\/span> or such costs may be charged against the funds that the county may be entitled to under the provisions of § 33.2-358<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Projects undertaken under the authority of subsection A shall not diminish the funds to which a county may be entitled under the provisions of § 33.2-357<\/a> or 33.2-358<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> At the request of the county, the Department<\/span> may agree to undertake the design, right-of-way acquisition, or construction of projects funded by the county. In such situations, the Department<\/span> and the county shall enter into an agreement specifying all relevant procedures and responsibilities concerning the design, right-of-way acquisition, construction, or contract<\/span> administration of projects to be funded by the county. The county shall reimburse the Department<\/span> for all costs incurred by the Department<\/span> in carrying out the aforesaid activities from general revenues or revenues derived from the sale of bonds<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any contrary provision of law<\/span>, any county may undertake activities toward the design, land acquisition, or construction of primary or secondary state highway<\/span> projects that have been included in the six-year plan pursuant to § 33.2-331<\/a>, or in the case of a primary state highway<\/span>, an approved project included in the six-year improvement program of the Board<\/span>. In such situations, the Department<\/span> and the county shall enter into an agreement specifying all relevant procedures and responsibilities concerning the design, right-of-way acquisition, construction, or contract<\/span> administration of projects to be funded by the Department<\/span>. Such activities shall be undertaken with the prior concurrence of the Department<\/span>, and the Department<\/span> shall compensate the county for eligible expenses incurred in carrying out these activities. The county may undertake these activities in accordance with all applicable county procedures, provided the Commissioner of Highways<\/span> finds that those county procedures are substantially similar to departmental procedures and specifications. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If funding for the construction of a primary or interstate project is scheduled in the Board<\/span>’s Six-Year Improvement Program as defined in § 33.2-214<\/a>, a locality may choose to advance funds to the project. If such advance is offered, the Board<\/span> may consider such request and agree to such advancement and the subsequent reimbursement of the locality of the advance in accordance with terms agreed upon by the Board<\/span> or its designee and the locality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any county carrying out any construction project as authorized in this section may, in so doing, exercise the powers granted the Commissioner of Highways<\/span> under Article 1 (§ 33.2-1000<\/a> et seq.) of Chapter 10 to enter property for the purpose of making an examination and survey thereof, with a view to ascertainment of its suitability for highway<\/span> purposes and any other purpose incidental thereto. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> For the purposes of this section, any county without an existing franchise agreement, when administering a Department<\/span>-sanctioned project under a land-use permit or transportation project agreement, shall have the same authority as the Department<\/span> pertaining to the relocation of utilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Whenever so requested by any county, funding of any project undertaken as provided in this section may be supplemented solely by state funds in order<\/span> to avoid the necessity of complying with additional federal requirements, provided a determination has been made by the Department<\/span> that (i) adequate state funds are available to fully match available federal transportation funds and (ii) the Department<\/span> can meet its federal obligation authority, as permitted by federal law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONSTRUCTION AND IMPROVEMENT OF PRIMARY OR SECONDARY HIGHWAYS BY COUNTIES (\u00a7\n33.2-338)\n\nA. Notwithstanding any other provisions of this article, the governing body of\nany county may expend general revenues or revenues derived from the sale of\nbonds for the purpose of constructing or improving highways, including curbs,\ngutters, drainageways, sound barriers, sidewalks, and all other features or\nappurtenances conducive to the public safety and convenience, that either have\nbeen or may be taken into the primary or secondary state highway system. Project\nplanning and the acquisition of rights-of-way shall be under the control and at\nthe direction of the county, subject to the approval of project plans and\nspecifications by the Department. All costs incurred by the Department in\nadministering such contracts shall be reimbursed from the county’s general\nrevenues or from revenues derived from the sale of bonds or such costs may be\ncharged against the funds that the county may be entitled to under the\nprovisions of § 33.2-358.\n\nB. Projects undertaken under the authority of subsection A shall not diminish\nthe funds to which a county may be entitled under the provisions of §\n33.2-357 or 33.2-358.\n\nC. At the request of the county, the Department may agree to undertake the\ndesign, right-of-way acquisition, or construction of projects funded by the\ncounty. In such situations, the Department and the county shall enter into an\nagreement specifying all relevant procedures and responsibilities concerning the\ndesign, right-of-way acquisition, construction, or contract administration of\nprojects to be funded by the county. The county shall reimburse the Department\nfor all costs incurred by the Department in carrying out the aforesaid\nactivities from general revenues or revenues derived from the sale of bonds.\n\nD. Notwithstanding any contrary provision of law, any county may undertake\nactivities toward the design, land acquisition, or construction of primary or\nsecondary state highway projects that have been included in the six-year plan\npursuant to § 33.2-331, or in the case of a primary state highway, an\napproved project included in the six-year improvement program of the Board. In\nsuch situations, the Department and the county shall enter into an agreement\nspecifying all relevant procedures and responsibilities concerning the design,\nright-of-way acquisition, construction, or contract administration of projects\nto be funded by the Department. Such activities shall be undertaken with the\nprior concurrence of the Department, and the Department shall compensate the\ncounty for eligible expenses incurred in carrying out these activities. The\ncounty may undertake these activities in accordance with all applicable county\nprocedures, provided the Commissioner of Highways finds that those county\nprocedures are substantially similar to departmental procedures and\nspecifications.\n\nE. If funding for the construction of a primary or interstate project is\nscheduled in the Board’s Six-Year Improvement Program as defined in §\n33.2-214, a locality may choose to advance funds to the project. If such advance\nis offered, the Board may consider such request and agree to such advancement\nand the subsequent reimbursement of the locality of the advance in accordance\nwith terms agreed upon by the Board or its designee and the locality.\n\nF. Any county carrying out any construction project as authorized in this\nsection may, in so doing, exercise the powers granted the Commissioner of\nHighways under Article 1 (§ 33.2-1000 et seq.) of Chapter 10 to enter\nproperty for the purpose of making an examination and survey thereof, with a\nview to ascertainment of its suitability for highway purposes and any other\npurpose incidental thereto.\n\nG. For the purposes of this section, any county without an existing franchise\nagreement, when administering a Department-sanctioned project under a land-use\npermit or transportation project agreement, shall have the same authority as the\nDepartment pertaining to the relocation of utilities.\n\nH. Whenever so requested by any county, funding of any project undertaken as\nprovided in this section may be supplemented solely by state funds in order to\navoid the necessity of complying with additional federal requirements, provided\na determination has been made by the Department that (i) adequate state funds\nare available to fully match available federal transportation funds and (ii) the\nDepartment can meet its federal obligation authority, as permitted by federal\nlaw.\n\nHISTORY: 1981, c. 321, \u00a7 33.1-75.3; 1982, c. 218; 1983, cc. 321, 325; 1984, c.\n127; 1985, c. 562; 1988, c. 654; 1989, c. 143; 1990, c. 36; 1995, c. 105;\n1998, cc. 334, 341, 342; 2000, c. 88; 2003, c. 303; 2005, c. 342; 2006, cc.\n115, 827; 2014, c. 805; 2015, c. 684; 2020, c. 784.","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}}