{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-366.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-366.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-366.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-366.html"}],"law_id":56905,"edition_id":1,"section_id":56905,"structure_id":14294,"section_number":"33.2-366","catch_line":"Funds for counties that have withdrawn or elect to withdraw from the secondary state highway system","history":"1985, c. 42, \u00a7 33.1-23.5:1; 2004, c. 118; 2013, c. 766; 2013, Sp. Sess. I, c. 1; 2014, c. 805; 2015, c. 684; 2020, cc. 1230, 1275.","full_text":"Pursuant to subsection A of \u00a7 33.2-358, the Board shall make the following payments to counties that have withdrawn or elect to withdraw from the secondary state highway system under the provisions of \u00a7 11 of Chapter 415 of the Acts of Assembly of 1932 and that have not elected to return: to any county having withdrawn prior to June 30, 1985, and having an area greater than 100 square miles, an amount equal to $12,529 per lane-mile for fiscal year 2014, and to any county having an area less than 100 square miles, an amount equal to $17,218 per lane-mile for fiscal year 2014; to any county that elects to withdraw after June 30, 1985, the Board shall establish a rate per lane-mile for the first year using (i) an amount for maintenance based on maintenance standards and unit costs used by the Department to prepare its secondary state highway system maintenance budget for the year in which the county withdraws and (ii) an amount for administration equal to five percent of the maintenance figure determined in clause (i). The payment rates shall be adjusted annually by the Board in accordance with procedures established for adjusting payments to cities and towns under \u00a7 33.2-319, and lane mileage shall be adjusted annually to include (a) streets and highways accepted for maintenance in the county system by the local governing body or (b) streets and highways constructed according to standards set forth in the county subdivision ordinance or county thoroughfare plan, and being not less than the standards set by the Department. Such counties shall be eligible to receive allocations pursuant to subsection B of \u00a7 33.2-358.\n\t\tPayment of the funds shall be made in four equal sums, one in each quarter of the fiscal year.\n\t\tThe chief administrative officer of such counties receiving such funds shall make annual reports of expenditures to the Board, in such form as the Board shall prescribe, accounting for all expenditures, including delineation between construction and maintenance expenditures and reporting on their performance as specified in subsection B of \u00a7 33.2-352. Such reports shall be included in the scope of the annual audit of each county conducted by independent certified public accountants.","order_by":null,"text":{"0":{"id":208434,"text":"Pursuant to subsection A of \u00a7 33.2-358, the Board shall make the following payments to counties that have withdrawn or elect to withdraw from the secondary state highway system under the provisions of \u00a7 11 of Chapter 415 of the Acts of Assembly of 1932 and that have not elected to return: to any county having withdrawn prior to June 30, 1985, and having an area greater than 100 square miles, an amount equal to $12,529 per lane-mile for fiscal year 2014, and to any county having an area less than 100 square miles, an amount equal to $17,218 per lane-mile for fiscal year 2014; to any county that elects to withdraw after June 30, 1985, the Board shall establish a rate per lane-mile for the first year using (i) an amount for maintenance based on maintenance standards and unit costs used by the Department to prepare its secondary state highway system maintenance budget for the year in which the county withdraws and (ii) an amount for administration equal to five percent of the maintenance figure determined in clause (i). The payment rates shall be adjusted annually by the Board in accordance with procedures established for adjusting payments to cities and towns under \u00a7 33.2-319, and lane mileage shall be adjusted annually to include (a) streets and highways accepted for maintenance in the county system by the local governing body or (b) streets and highways constructed according to standards set forth in the county subdivision ordinance or county thoroughfare plan, and being not less than the standards set by the Department. Such counties shall be eligible to receive allocations pursuant to subsection B of \u00a7 33.2-358.\n\t\tPayment of the funds shall be made in four equal sums, one in each quarter of the fiscal year.\n\t\tThe chief administrative officer of such counties receiving such funds shall make annual reports of expenditures to the Board, in such form as the Board shall prescribe, accounting for all expenditures, including delineation between construction and maintenance expenditures and reporting on their performance as specified in subsection B of \u00a7 33.2-352. Such reports shall be included in the scope of the annual audit of each county conducted by independent certified public accountants.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14294,"edition_id":1,"name":"Allocation of Highway Funds","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12831,"metadata":{},"date_created":"2026-06-26 03:47:37","date_modified":"2026-06-26 03:47:37","permalink":{"id":205955,"object_type":"structure","relational_id":14294,"identifier":"5","token":"33.2\/II\/3\/5","url":"\/33.2\/II\/3\/5\/","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":72011,"structure_id":14294,"section_number":"33.2-351","catch_line":"Definition of \"allocation.\"","url":"\/33.2-351\/","token":"33.2\/II\/3\/5\/33.2-351","metadata":false},{"id":77931,"structure_id":14294,"section_number":"33.2-352","catch_line":"Asset management practices; report","url":"\/33.2-352\/","token":"33.2\/II\/3\/5\/33.2-352","metadata":false},{"id":71190,"structure_id":14294,"section_number":"33.2-353","catch_line":"Commonwealth Transportation Board to develop and update Statewide Transportation Plan","url":"\/33.2-353\/","token":"33.2\/II\/3\/5\/33.2-353","metadata":false},{"id":66165,"structure_id":14294,"section_number":"33.2-354","catch_line":"Commonwealth Transportation Board to develop and update Statewide Pedestrian Policy","url":"\/33.2-354\/","token":"33.2\/II\/3\/5\/33.2-354","metadata":false},{"id":59775,"structure_id":14294,"section_number":"33.2-355","catch_line":"Goals for addressing transportation needs of populations with limited mobility","url":"\/33.2-355\/","token":"33.2\/II\/3\/5\/33.2-355","metadata":false},{"id":64387,"structure_id":14294,"section_number":"33.2-356","catch_line":"Funding for extraordinary repairs","url":"\/33.2-356\/","token":"33.2\/II\/3\/5\/33.2-356","metadata":false},{"id":74518,"structure_id":14294,"section_number":"33.2-357","catch_line":"Revenue-sharing funds for systems in certain localities","url":"\/33.2-357\/","token":"33.2\/II\/3\/5\/33.2-357","metadata":false},{"id":81138,"structure_id":14294,"section_number":"33.2-358","catch_line":"Allocation of funds to programs","url":"\/33.2-358\/","token":"33.2\/II\/3\/5\/33.2-358","metadata":false},{"id":79405,"structure_id":14294,"section_number":"33.2-359","catch_line":"Unpaved secondary highway funds","url":"\/33.2-359\/","token":"33.2\/II\/3\/5\/33.2-359","metadata":false},{"id":84144,"structure_id":14294,"section_number":"33.2-360","catch_line":"Allocation of funds for interstate match","url":"\/33.2-360\/","token":"33.2\/II\/3\/5\/33.2-360","metadata":false},{"id":55565,"structure_id":14294,"section_number":"33.2-361","catch_line":"Repealed","url":"\/33.2-361\/","token":"33.2\/II\/3\/5\/33.2-361","metadata":false},{"id":85834,"structure_id":14294,"section_number":"33.2-363","catch_line":"Construction of U.S. Route 29 bypass","url":"\/33.2-363\/","token":"33.2\/II\/3\/5\/33.2-363","metadata":false},{"id":79199,"structure_id":14294,"section_number":"33.2-364","catch_line":"Repealed","url":"\/33.2-364\/","token":"33.2\/II\/3\/5\/33.2-364","metadata":false},{"id":63826,"structure_id":14294,"section_number":"33.2-365","catch_line":"Allocation of proceeds of Commonwealth of Virginia Transportation Capital Projects Revenue Bonds","url":"\/33.2-365\/","token":"33.2\/II\/3\/5\/33.2-365","metadata":false},{"id":56905,"structure_id":14294,"section_number":"33.2-366","catch_line":"Funds for counties that have withdrawn or elect to withdraw from the secondary state highway system","url":"\/33.2-366\/","token":"33.2\/II\/3\/5\/33.2-366","metadata":false},{"id":70991,"structure_id":14294,"section_number":"33.2-367","catch_line":"Highway aid to mass transit","url":"\/33.2-367\/","token":"33.2\/II\/3\/5\/33.2-367","metadata":false},{"id":67021,"structure_id":14294,"section_number":"33.2-368","catch_line":"Financial plans for transportation construction projects","url":"\/33.2-368\/","token":"33.2\/II\/3\/5\/33.2-368","metadata":false},{"id":81188,"structure_id":14294,"section_number":"33.2-369","catch_line":"State of good repair","url":"\/33.2-369\/","token":"33.2\/II\/3\/5\/33.2-369","metadata":false},{"id":75809,"structure_id":14294,"section_number":"33.2-370","catch_line":"High-priority projects program","url":"\/33.2-370\/","token":"33.2\/II\/3\/5\/33.2-370","metadata":false},{"id":62249,"structure_id":14294,"section_number":"33.2-371","catch_line":"Highway construction district grant programs","url":"\/33.2-371\/","token":"33.2\/II\/3\/5\/33.2-371","metadata":false},{"id":81805,"structure_id":14294,"section_number":"33.2-372","catch_line":"Interstate Operations and Enhancement Program","url":"\/33.2-372\/","token":"33.2\/II\/3\/5\/33.2-372","metadata":false},{"id":69946,"structure_id":14294,"section_number":"33.2-373","catch_line":"Virginia Highway Safety Improvement Program","url":"\/33.2-373\/","token":"33.2\/II\/3\/5\/33.2-373","metadata":false},{"id":86438,"structure_id":14294,"section_number":"33.2-374","catch_line":"Special Structure Program","url":"\/33.2-374\/","token":"33.2\/II\/3\/5\/33.2-374","metadata":false}],"previous_section":{"id":63826,"structure_id":14294,"section_number":"33.2-365","catch_line":"Allocation of proceeds of Commonwealth of Virginia Transportation Capital Projects Revenue Bonds","url":"\/33.2-365\/","token":"33.2\/II\/3\/5\/33.2-365","metadata":false},"next_section":{"id":70991,"structure_id":14294,"section_number":"33.2-367","catch_line":"Highway aid to mass transit","url":"\/33.2-367\/","token":"33.2\/II\/3\/5\/33.2-367","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-366\/","history_text":"<p>This law was first created in 1985. The record of its establishment is cataloged in chapter 42 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 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0118\">118<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0766\">766<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0805\">805<\/a>; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0684\">684<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1230\">1230<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1275\">1275<\/a>.<\/p>","references":[{"id":67089,"section_number":"15.2-2000","catch_line":"State highway systems excepted; town streets","order_by":null,"url":"\/15.2-2000\/"},{"id":61157,"section_number":"15.2-2013","catch_line":"Temporary closing of rights-of-way","order_by":null,"url":"\/15.2-2013\/"},{"id":57318,"section_number":"33.2-214","catch_line":"Transportation; Six-Year Improvement Program","order_by":null,"url":"\/33.2-214\/"},{"id":81104,"section_number":"33.2-2400","catch_line":"Northern Virginia Transportation District Fund","order_by":null,"url":"\/33.2-2400\/"},{"id":59626,"section_number":"33.2-315","catch_line":"Transfer of highways, bridges, and streets from primary to secondary state highway system","order_by":null,"url":"\/33.2-315\/"},{"id":64541,"section_number":"33.2-342","catch_line":"Resumption of responsibility for secondary state highways by counties","order_by":null,"url":"\/33.2-342\/"},{"id":59875,"section_number":"46.2-1140.1","catch_line":"Annual overweight permits; fees","order_by":null,"url":"\/46.2-1140.1\/"},{"id":77996,"section_number":"46.2-1143","catch_line":"Overweight permits for coal haulers; trucks hauling gravel, sand, asphalt, crushed stone, or liquids produced from gas or oil wells in certain counties; penalties","order_by":null,"url":"\/46.2-1143\/"},{"id":75045,"section_number":"46.2-1148","catch_line":"Overweight permit for hauling Virginia-grown farm produce","order_by":null,"url":"\/46.2-1148\/"},{"id":81466,"section_number":"46.2-1149.1","catch_line":"Excess tandem axle weight permits for cotton module haulers","order_by":null,"url":"\/46.2-1149.1\/"},{"id":87171,"section_number":"56-265.23","catch_line":"Exemption for roadway maintenance operations by the Virginia Department of Transportation and certain counties, cities, and towns","order_by":null,"url":"\/56-265.23\/"},{"id":80230,"section_number":"56-355.2","catch_line":"Definitions","order_by":null,"url":"\/56-355.2\/"}],"refers_to":[{"id":56954,"section_number":"33.2-319","catch_line":"Payments to cities and certain towns for maintenance of certain highways","order_by":null,"url":"\/33.2-319\/"},{"id":77931,"section_number":"33.2-352","catch_line":"Asset management practices; report","order_by":null,"url":"\/33.2-352\/"},{"id":81138,"section_number":"33.2-358","catch_line":"Allocation of funds to programs","order_by":null,"url":"\/33.2-358\/"}],"permalink":{"id":206013,"object_type":"law","relational_id":56905,"identifier":"33.2-366","token":"33.2\/II\/3\/5\/33.2-366","url":"\/33.2-366\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-366\/","token":"33.2\/II\/3\/5\/33.2-366","dublin_core":{"Title":"Funds for counties that have withdrawn or elect to withdraw from the secondary state highway system","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-366","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Pursuant to subsection A of \u00a7&nbsp;<a class=\"law\" title=\"Allocation of funds to programs\" href=\"\/33.2-358\/\">33.2-358<\/a>, the <span class=\"dictionary\">Board<\/span> shall make the following payments to counties that have withdrawn or elect to withdraw from the secondary state <span class=\"dictionary\">highway<\/span> system under the provisions of \u00a7&nbsp;11 of Chapter 415 of the Acts of Assembly of 1932 and that have not elected to return: to any county having withdrawn prior to June 30, 1985, and having an area greater than 100 square miles, an amount equal to $12,529 per lane-mile for fiscal year 2014, and to any county having an area less than 100 square miles, an amount equal to $17,218 per lane-mile for fiscal year 2014; to any county that elects to withdraw after June 30, 1985, the <span class=\"dictionary\">Board<\/span> shall establish a rate per lane-mile for the first year using (i) an amount for <span class=\"dictionary\">maintenance<\/span> based on <span class=\"dictionary\">maintenance<\/span> standards and unit costs used by the <span class=\"dictionary\">Department<\/span> to prepare its secondary state <span class=\"dictionary\">highway<\/span> system <span class=\"dictionary\">maintenance<\/span> budget for the year in which the county withdraws and (ii) an amount for administration equal to five percent of the <span class=\"dictionary\">maintenance<\/span> figure determined in clause (i). The payment rates shall be adjusted annually by the <span class=\"dictionary\">Board<\/span> in accordance with procedures established for adjusting payments to cities and towns under \u00a7&nbsp;<a class=\"law\" title=\"Payments to cities and certain towns for maintenance of certain highways\" href=\"\/33.2-319\/\">33.2-319<\/a>, and lane mileage shall be adjusted annually to include (a) streets and <span class=\"dictionary\">highways<\/span> accepted for <span class=\"dictionary\">maintenance<\/span> in the county system by the local governing body or (b) streets and <span class=\"dictionary\">highways<\/span> constructed according to standards set forth in the county subdivision <span class=\"dictionary\">ordinance<\/span> or county thoroughfare plan, and being not less than the standards set by the <span class=\"dictionary\">Department<\/span>. Such counties shall be eligible to receive allocations pursuant to subsection B of \u00a7&nbsp;<a class=\"law\" title=\"Allocation of funds to programs\" href=\"\/33.2-358\/\">33.2-358<\/a>.\n\t\tPayment of the funds shall be made in four equal sums, one in each quarter of the fiscal year.\n\t\tThe chief administrative officer of such counties receiving such funds shall make annual reports of expenditures to the <span class=\"dictionary\">Board<\/span>, in such form as the <span class=\"dictionary\">Board<\/span> shall prescribe, accounting for all expenditures, including delineation between construction and <span class=\"dictionary\">maintenance<\/span> expenditures and reporting on their performance as specified in subsection B of \u00a7&nbsp;<a class=\"law\" title=\"Asset management practices; report\" href=\"\/33.2-352\/\">33.2-352<\/a>. Such reports shall be included in the scope of the annual audit of each county conducted by independent certified public accountants.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nFUNDS FOR COUNTIES THAT HAVE WITHDRAWN OR ELECT TO WITHDRAW FROM THE SECONDARY\nSTATE HIGHWAY SYSTEM (\u00a7 33.2-366)\n\nPursuant to subsection A of \u00a7 33.2-358, the Board shall make the following\npayments to counties that have withdrawn or elect to withdraw from the secondary\nstate highway system under the provisions of \u00a7 11 of Chapter 415 of the Acts of\nAssembly of 1932 and that have not elected to return: to any county having\nwithdrawn prior to June 30, 1985, and having an area greater than 100 square\nmiles, an amount equal to $12,529 per lane-mile for fiscal year 2014, and to any\ncounty having an area less than 100 square miles, an amount equal to $17,218 per\nlane-mile for fiscal year 2014; to any county that elects to withdraw after June\n30, 1985, the Board shall establish a rate per lane-mile for the first year\nusing (i) an amount for maintenance based on maintenance standards and unit\ncosts used by the Department to prepare its secondary state highway system\nmaintenance budget for the year in which the county withdraws and (ii) an amount\nfor administration equal to five percent of the maintenance figure determined in\nclause (i). The payment rates shall be adjusted annually by the Board in\naccordance with procedures established for adjusting payments to cities and\ntowns under \u00a7 33.2-319, and lane mileage shall be adjusted annually to include\n(a) streets and highways accepted for maintenance in the county system by the\nlocal governing body or (b) streets and highways constructed according to\nstandards set forth in the county subdivision ordinance or county thoroughfare\nplan, and being not less than the standards set by the Department. Such counties\nshall be eligible to receive allocations pursuant to subsection B of \u00a7\n33.2-358.\n\t\tPayment of the funds shall be made in four equal sums, one in each quarter of\nthe fiscal year.\n\t\tThe chief administrative officer of such counties receiving such funds shall\nmake annual reports of expenditures to the Board, in such form as the Board\nshall prescribe, accounting for all expenditures, including delineation between\nconstruction and maintenance expenditures and reporting on their performance as\nspecified in subsection B of \u00a7 33.2-352. Such reports shall be included in the\nscope of the annual audit of each county conducted by independent certified\npublic accountants.\n\nHISTORY: 1985, c. 42, \u00a7 33.1-23.5:1; 2004, c. 118; 2013, c. 766; 2013, Sp.\nSess. I, c. 1; 2014, c. 805; 2015, c. 684; 2020, cc. 1230, 1275.","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}}