{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-540.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-540.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-540.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-540.html"}],"law_id":65271,"edition_id":1,"section_id":65271,"structure_id":14616,"section_number":"56-540","catch_line":"Application","history":"1988, c. 649; 1990, c. 180; 1991, c. 272.","full_text":"The Commission may charge a reasonable application fee to cover the costs of processing, reviewing, and approving or denying the application. The application for a certificate of authority shall contain the following material and information:\n\n1\n\nThe geographic area to be served by the roadway and a topographic map indicating the route of the roadway;2\n\nA list of the property owners through whose property the roadway or highway will pass or whose property will abut the roadway or highway;3\n\nThe method by which the operator will secure all right-of-way required for the roadway, including a description of the nature of the interest in the lands to be acquired, which shall provide, at a minimum, for permanent dedication for transportation purposes, except that in cases in which the Department would not have authority to condemn land because of the identity of the owner, the interest to be acquired shall be of the same type and duration as that which the Department would obtain under the circumstances;4\n\nThe comprehensive plan or plans for all counties, cities, and towns through which the roadway will pass and an analysis which shows that the roadway conforms to these comprehensive plans. To the extent that the roadway conforms to such plans, the fact that the operator is not the Commonwealth shall not affect the construction and operation of the roadway;5\n\nThe operator’s plan for financing the proposed construction or enlargement of the roadway, including proposed tolls to be charged for use of the roadway, projected amounts to be collected from such tolls and anticipated traffic volume and detailed plans for distribution of funds, including the priority in which necessary expenditures will be made. The plan for financing may be structured to include, without limitation, provisions for the issuance of debt, equity, or other securities, lease financing, the pledge of revenues or other assets or rights of the operator, or any combination thereof;6\n\nThe operator’s plan for operation of the proposed roadway or enlargement thereof;7\n\nA list of all permits and approvals required for construction of the roadway from local, state, or federal agencies and a schedule for securing such approvals;8\n\nAn overall description of the project, the project design, and all proposed interconnections with the state highway system, including any interstate highway, or secondary system of highways or the streets or roads of any county, city, or town not within the state highway system, accompanied by a copy of the approval of the project, the roadway design and interconnections from the Board, as well as the county, city, or town for connection with a street or road not under state control;9\n\nA list of public utility facilities to be crossed and plans for such crossings or relocations of such facilities;10\n\nA certificate of the operator that the roadway will be designed and constructed to meet Department standards, and substantially in accordance with a proposed timetable which is agreeable to the Department, and that the operator will provide a design, review, and inspection agreement with the Department which shall provide that the Department shall authorize construction upon review and approval of the plans and specifications for the roadway and its interconnection with other roads, and that it shall inspect periodically the progress of the construction work to ensure its compliance with the Department standards; and11\n\nCompletion and performance bonds in form and amount satisfactory to the Commission, which amounts shall be set after consultation with the Department.","order_by":null,"text":{"0":{"id":237385,"text":"The Commission may charge a reasonable application fee to cover the costs of processing, reviewing, and approving or denying the application. The application for a certificate of authority shall contain the following material and information:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":237386,"text":"The geographic area to be served by the roadway and a topographic map indicating the route of the roadway;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":237387,"text":"A list of the property owners through whose property the roadway or highway will pass or whose property will abut the roadway or highway;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":237388,"text":"The method by which the operator will secure all right-of-way required for the roadway, including a description of the nature of the interest in the lands to be acquired, which shall provide, at a minimum, for permanent dedication for transportation purposes, except that in cases in which the Department would not have authority to condemn land because of the identity of the owner, the interest to be acquired shall be of the same type and duration as that which the Department would obtain under the circumstances;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":237389,"text":"The comprehensive plan or plans for all counties, cities, and towns through which the roadway will pass and an analysis which shows that the roadway conforms to these comprehensive plans. To the extent that the roadway conforms to such plans, the fact that the operator is not the Commonwealth shall not affect the construction and operation of the roadway;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":237390,"text":"The operator’s plan for financing the proposed construction or enlargement of the roadway, including proposed tolls to be charged for use of the roadway, projected amounts to be collected from such tolls and anticipated traffic volume and detailed plans for distribution of funds, including the priority in which necessary expenditures will be made. The plan for financing may be structured to include, without limitation, provisions for the issuance of debt, equity, or other securities, lease financing, the pledge of revenues or other assets or rights of the operator, or any combination thereof;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":237391,"text":"The operator’s plan for operation of the proposed roadway or enlargement thereof;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":237392,"text":"A list of all permits and approvals required for construction of the roadway from local, state, or federal agencies and a schedule for securing such approvals;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":237393,"text":"An overall description of the project, the project design, and all proposed interconnections with the state highway system, including any interstate highway, or secondary system of highways or the streets or roads of any county, city, or town not within the state highway system, accompanied by a copy of the approval of the project, the roadway design and interconnections from the Board, as well as the county, city, or town for connection with a street or road not under state control;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":237394,"text":"A list of public utility facilities to be crossed and plans for such crossings or relocations of such facilities;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":237395,"text":"A certificate of the operator that the roadway will be designed and constructed to meet Department standards, and substantially in accordance with a proposed timetable which is agreeable to the Department, and that the operator will provide a design, review, and inspection agreement with the Department which shall provide that the Department shall authorize construction upon review and approval of the plans and specifications for the roadway and its interconnection with other roads, and that it shall inspect periodically the progress of the construction work to ensure its compliance with the Department standards; and","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":237396,"text":"Completion and performance bonds in form and amount satisfactory to the Commission, which amounts shall be set after consultation with the Department.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10"}},"ancestry":[{"id":14616,"edition_id":1,"name":"Virginia Highway Corporation Act of 1988","identifier":"20","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:48:55","date_modified":"2026-06-26 03:48:55","permalink":{"id":250407,"object_type":"structure","relational_id":14616,"identifier":"20","token":"56\/20","url":"\/56\/20\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12881,"edition_id":1,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":248473,"object_type":"structure","relational_id":12881,"identifier":"56","token":"56","url":"\/56\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70009,"structure_id":14616,"section_number":"56-535","catch_line":"Title","url":"\/56-535\/","token":"56\/20\/56-535","metadata":false},{"id":75006,"structure_id":14616,"section_number":"56-536","catch_line":"Definitions","url":"\/56-536\/","token":"56\/20\/56-536","metadata":false},{"id":82021,"structure_id":14616,"section_number":"56-537","catch_line":"Construction of highways and use of public funds in the public interest","url":"\/56-537\/","token":"56\/20\/56-537","metadata":false},{"id":63437,"structure_id":14616,"section_number":"56-538","catch_line":"Prerequisite for construction and operation","url":"\/56-538\/","token":"56\/20\/56-538","metadata":false},{"id":64175,"structure_id":14616,"section_number":"56-539","catch_line":"Certificate of authority","url":"\/56-539\/","token":"56\/20\/56-539","metadata":false},{"id":65271,"structure_id":14616,"section_number":"56-540","catch_line":"Application","url":"\/56-540\/","token":"56\/20\/56-540","metadata":false},{"id":64565,"structure_id":14616,"section_number":"56-541","catch_line":"Eminent domain","url":"\/56-541\/","token":"56\/20\/56-541","metadata":false},{"id":64762,"structure_id":14616,"section_number":"56-542","catch_line":"Powers of the Commission","url":"\/56-542\/","token":"56\/20\/56-542","metadata":false},{"id":85165,"structure_id":14616,"section_number":"56-543","catch_line":"Powers and duties of roadway operator","url":"\/56-543\/","token":"56\/20\/56-543","metadata":false},{"id":58147,"structure_id":14616,"section_number":"56-544","catch_line":"Board approval; inspection agreement with Department","url":"\/56-544\/","token":"56\/20\/56-544","metadata":false},{"id":72530,"structure_id":14616,"section_number":"56-545","catch_line":"Insurance; sovereign immunity","url":"\/56-545\/","token":"56\/20\/56-545","metadata":false},{"id":56152,"structure_id":14616,"section_number":"56-546","catch_line":"Local approvals","url":"\/56-546\/","token":"56\/20\/56-546","metadata":false},{"id":78880,"structure_id":14616,"section_number":"56-547","catch_line":"Utility crossings","url":"\/56-547\/","token":"56\/20\/56-547","metadata":false},{"id":59529,"structure_id":14616,"section_number":"56-548","catch_line":"Highway and roadway crossings","url":"\/56-548\/","token":"56\/20\/56-548","metadata":false},{"id":68873,"structure_id":14616,"section_number":"56-549","catch_line":"Default","url":"\/56-549\/","token":"56\/20\/56-549","metadata":false},{"id":59033,"structure_id":14616,"section_number":"56-550","catch_line":"Police powers; violations of law","url":"\/56-550\/","token":"56\/20\/56-550","metadata":false},{"id":71856,"structure_id":14616,"section_number":"56-551","catch_line":"Termination of certificate; dedication of assets","url":"\/56-551\/","token":"56\/20\/56-551","metadata":false},{"id":62323,"structure_id":14616,"section_number":"56-552","catch_line":"Improvement Fund","url":"\/56-552\/","token":"56\/20\/56-552","metadata":false}],"previous_section":{"id":64175,"structure_id":14616,"section_number":"56-539","catch_line":"Certificate of authority","url":"\/56-539\/","token":"56\/20\/56-539","metadata":false},"next_section":{"id":64565,"structure_id":14616,"section_number":"56-541","catch_line":"Eminent domain","url":"\/56-541\/","token":"56\/20\/56-541","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-540\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 649 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 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1990, chapter 180; in 1991, chapter 272.<\/p>","references":[{"id":56152,"section_number":"56-546","catch_line":"Local approvals","order_by":null,"url":"\/56-546\/"}],"refers_to":false,"permalink":{"id":250429,"object_type":"law","relational_id":65271,"identifier":"56-540","token":"56\/20\/56-540","url":"\/56-540\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-540\/","token":"56\/20\/56-540","dublin_core":{"Title":"Application","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-540","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Commission<\/span> may charge a reasonable application fee to cover the costs of processing, reviewing, and approving or denying the application. The application for a certificate<\/span> of authority shall contain the following material<\/span> and information:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The geographic area to be served by the roadway<\/span> and a topographic map indicating the route of the roadway<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A list of the property owners through whose property the roadway<\/span> or highway<\/span> will pass or whose property will abut the roadway<\/span> or highway<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The method by which the operator<\/span> will secure all right-of-way required for the roadway<\/span>, including a description of the nature of the interest in the lands to be acquired, which shall provide, at a minimum, for permanent dedication for transportation purposes, except that in cases in which the Department<\/span> would not have authority to condemn land because of the identity of the owner, the interest to be acquired shall be of the same type and duration as that which the Department<\/span> would obtain under the circumstances; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The comprehensive plan or plans for all counties, cities, and towns through which the roadway<\/span> will pass and an analysis which shows that the roadway<\/span> conforms to these comprehensive plans. To the extent that the roadway<\/span> conforms to such plans, the fact<\/span> that the operator<\/span> is not the Commonwealth shall not affect the construction and operation<\/span> of the roadway<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The operator<\/span>’s plan for financing the proposed construction or enlargement of the roadway<\/span>, including proposed tolls<\/span> to be charged for use of the roadway<\/span>, projected amounts to be collected from such tolls<\/span> and anticipated traffic volume and detailed plans for distribution of funds, including the priority in which necessary expenditures will be made. The plan for financing may be structured to include, without limitation, provisions for the issuance of debt, equity<\/span>, or other securities, lease financing, the pledge of revenues or other assets<\/span> or rights of the operator<\/span>, or any combination thereof; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The operator<\/span>’s plan for operation<\/span> of the proposed roadway<\/span> or enlargement thereof; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> A list of all permits and approvals required for construction of the roadway<\/span> from local, state, or federal agencies and a schedule for securing such approvals; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> An overall description of the project, the project design, and all proposed interconnections with the state highway<\/span> system, including any interstate highway<\/span>, or secondary system of highways<\/span> or the streets or roads of any county, city, or town not within the state highway<\/span> system, accompanied by a copy of the approval of the project, the roadway<\/span> design and interconnections from the Board<\/span>, as well as the county, city, or town for connection with a street or road not under state control; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> A list of public utility facilities to be crossed and plans for such crossings or relocations of such facilities; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> A certificate<\/span> of the operator<\/span> that the roadway<\/span> will be designed and constructed to meet Department<\/span> standards, and substantially in accordance with a proposed timetable which is agreeable to the Department<\/span>, and that the operator<\/span> will provide a design, review, and inspection agreement with the Department<\/span> which shall provide that the Department<\/span> shall authorize construction upon review and approval of the plans and specifications for the roadway<\/span> and its interconnection with other roads, and that it shall inspect periodically the progress of the construction work to ensure its compliance with the Department<\/span> standards; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> Completion and performance bonds<\/span> in form and amount satisfactory to the Commission<\/span>, which amounts shall be set after consultation with the Department<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICATION (\u00a7 56-540)\n\nThe Commission may charge a reasonable application fee to cover the costs of\nprocessing, reviewing, and approving or denying the application. The application\nfor a certificate of authority shall contain the following material and\ninformation:\n\n1. The geographic area to be served by the roadway and a topographic map\nindicating the route of the roadway;\n\n2. A list of the property owners through whose property the roadway or highway\nwill pass or whose property will abut the roadway or highway;\n\n3. The method by which the operator will secure all right-of-way required for\nthe roadway, including a description of the nature of the interest in the lands\nto be acquired, which shall provide, at a minimum, for permanent dedication for\ntransportation purposes, except that in cases in which the Department would not\nhave authority to condemn land because of the identity of the owner, the\ninterest to be acquired shall be of the same type and duration as that which the\nDepartment would obtain under the circumstances;\n\n4. The comprehensive plan or plans for all counties, cities, and towns through\nwhich the roadway will pass and an analysis which shows that the roadway\nconforms to these comprehensive plans. To the extent that the roadway conforms\nto such plans, the fact that the operator is not the Commonwealth shall not\naffect the construction and operation of the roadway;\n\n5. The operator’s plan for financing the proposed construction or\nenlargement of the roadway, including proposed tolls to be charged for use of\nthe roadway, projected amounts to be collected from such tolls and anticipated\ntraffic volume and detailed plans for distribution of funds, including the\npriority in which necessary expenditures will be made. The plan for financing\nmay be structured to include, without limitation, provisions for the issuance of\ndebt, equity, or other securities, lease financing, the pledge of revenues or\nother assets or rights of the operator, or any combination thereof;\n\n6. The operator’s plan for operation of the proposed roadway or\nenlargement thereof;\n\n7. A list of all permits and approvals required for construction of the roadway\nfrom local, state, or federal agencies and a schedule for securing such\napprovals;\n\n8. An overall description of the project, the project design, and all proposed\ninterconnections with the state highway system, including any interstate\nhighway, or secondary system of highways or the streets or roads of any county,\ncity, or town not within the state highway system, accompanied by a copy of the\napproval of the project, the roadway design and interconnections from the Board,\nas well as the county, city, or town for connection with a street or road not\nunder state control;\n\n9. A list of public utility facilities to be crossed and plans for such\ncrossings or relocations of such facilities;\n\n10. A certificate of the operator that the roadway will be designed and\nconstructed to meet Department standards, and substantially in accordance with a\nproposed timetable which is agreeable to the Department, and that the operator\nwill provide a design, review, and inspection agreement with the Department\nwhich shall provide that the Department shall authorize construction upon review\nand approval of the plans and specifications for the roadway and its\ninterconnection with other roads, and that it shall inspect periodically the\nprogress of the construction work to ensure its compliance with the Department\nstandards; and\n\n11. Completion and performance bonds in form and amount satisfactory to the\nCommission, which amounts shall be set after consultation with the Department.\n\nHISTORY: 1988, c. 649; 1990, c. 180; 1991, c. 272.","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}}