{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-544.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-544.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-544.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-544.html"}],"law_id":58147,"edition_id":1,"section_id":58147,"structure_id":14616,"section_number":"56-544","catch_line":"Board approval; inspection agreement with Department","history":"1988, c. 649; 1991, c. 272.","full_text":"A\n\nThe applicant for a certificate of authority to construct or enlarge a roadway pursuant to this chapter shall first secure the approval of the Board for the project, the project construction costs, the location and design of the roadway, and its connection with any road under the jurisdiction of the Board, at proper and convenient places, in order to provide for the convenience of the public. The Board shall approve or deny approval by the later to occur of (i) sixty days following receipt of a description of the proposed location and design of the roadway and its connection with all other roads, or (ii) forty-five days following the conduct of a hearing contemplated by subsection B of § 33.2-208, if such a hearing is held and provided that the notice requirements of that section are fulfilled by the Department within thirty days of receipt of the application, a project design, and a description of the project and the public need for the project. The Board shall approve the project and its interconnections with other roads if there is a public need for a road project of the type proposed and the project and its interconnections are compatible with the existing road network. It shall approve the project construction costs if they are reasonable. If interconnections with an interstate highway or other federal facility are contemplated, the Board’s approval shall be conditioned upon ultimate approval of any interconnection if such federal approvals are required and have not been obtained by the time the Board acts. Approval of the roadway design shall not be withheld if it conforms materially with Department practices for toll facilities of similar size and with similar usage patterns. In making its determinations, the Board shall keep in mind the public interest, which may include, without limitation, such considerations as the relative speed of the construction of the project and the allocation of the technical, financial and human resources of the Department. The approval granted by the Board shall be conditioned upon subsequent compliance by the applicant with the agreement contemplated by subsection B of this section. If the roadway is to be built partially or completely along existing state highway right-of-way, the Board shall grant the applicant authority to use such right-of-way only after approval of this use of the right-of-way by the General Assembly.B\n\nIf approval of the project, project design, and connections of the roadway is granted by the Board, the Department shall thereafter enter into a comprehensive agreement with the operator which provides, inter alia, that the Department shall review and approve plans and specifications for the roadway if they conform to state practices; that the Department will inspect and approve construction of the roadway if it conforms to the plans and specifications or state construction and engineering standards; that the Department will, throughout the life of the roadway project, monitor the maintenance practices of the operator and take such actions as are appropriate to ensure the performance of maintenance obligations; and that the Department shall be reimbursed its direct project costs, by the operator, for the services performed by the Department. The agreement shall also provide, inter alia, that the operator will establish and fund accounts which shall ensure that funds are available to meet the obligations of the operator; including reasonable reserves for contingencies and maintenance replacement activities. The approval of plans and specifications, and construction may be undertaken in phases, but no construction may commence until approval of plans including that phase of construction. The services for which the Department shall be reimbursed include project development costs, such as those attendant to preparation of environmental impact statements, which are necessary for the construction of the roadway by a private operator but have been performed by the Department. The agreement may include a provision that the Department will perform services necessary for project development on behalf of the operator, and in such a case, the Department shall be fully reimbursed by the operator for its direct costs.","order_by":null,"text":{"0":{"id":213064,"text":"The applicant for a certificate of authority to construct or enlarge a roadway pursuant to this chapter shall first secure the approval of the Board for the project, the project construction costs, the location and design of the roadway, and its connection with any road under the jurisdiction of the Board, at proper and convenient places, in order to provide for the convenience of the public. The Board shall approve or deny approval by the later to occur of (i) sixty days following receipt of a description of the proposed location and design of the roadway and its connection with all other roads, or (ii) forty-five days following the conduct of a hearing contemplated by subsection B of § 33.2-208, if such a hearing is held and provided that the notice requirements of that section are fulfilled by the Department within thirty days of receipt of the application, a project design, and a description of the project and the public need for the project. The Board shall approve the project and its interconnections with other roads if there is a public need for a road project of the type proposed and the project and its interconnections are compatible with the existing road network. It shall approve the project construction costs if they are reasonable. If interconnections with an interstate highway or other federal facility are contemplated, the Board’s approval shall be conditioned upon ultimate approval of any interconnection if such federal approvals are required and have not been obtained by the time the Board acts. Approval of the roadway design shall not be withheld if it conforms materially with Department practices for toll facilities of similar size and with similar usage patterns. In making its determinations, the Board shall keep in mind the public interest, which may include, without limitation, such considerations as the relative speed of the construction of the project and the allocation of the technical, financial and human resources of the Department. The approval granted by the Board shall be conditioned upon subsequent compliance by the applicant with the agreement contemplated by subsection B of this section. If the roadway is to be built partially or completely along existing state highway right-of-way, the Board shall grant the applicant authority to use such right-of-way only after approval of this use of the right-of-way by the General Assembly.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":213065,"text":"If approval of the project, project design, and connections of the roadway is granted by the Board, the Department shall thereafter enter into a comprehensive agreement with the operator which provides, inter alia, that the Department shall review and approve plans and specifications for the roadway if they conform to state practices; that the Department will inspect and approve construction of the roadway if it conforms to the plans and specifications or state construction and engineering standards; that the Department will, throughout the life of the roadway project, monitor the maintenance practices of the operator and take such actions as are appropriate to ensure the performance of maintenance obligations; and that the Department shall be reimbursed its direct project costs, by the operator, for the services performed by the Department. The agreement shall also provide, inter alia, that the operator will establish and fund accounts which shall ensure that funds are available to meet the obligations of the operator; including reasonable reserves for contingencies and maintenance replacement activities. The approval of plans and specifications, and construction may be undertaken in phases, but no construction may commence until approval of plans including that phase of construction. The services for which the Department shall be reimbursed include project development costs, such as those attendant to preparation of environmental impact statements, which are necessary for the construction of the roadway by a private operator but have been performed by the Department. The agreement may include a provision that the Department will perform services necessary for project development on behalf of the operator, and in such a case, the Department shall be fully reimbursed by the operator for its direct costs.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"id":72530,"structure_id":14616,"section_number":"56-545","catch_line":"Insurance; sovereign immunity","url":"\/56-545\/","token":"56\/20\/56-545","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-544\/","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 1 time. 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. That modification is as follows: in 1991, chapter 272.<\/p>","references":false,"refers_to":[{"id":79659,"section_number":"33.2-208","catch_line":"Location of routes","order_by":null,"url":"\/33.2-208\/"}],"permalink":{"id":250445,"object_type":"law","relational_id":58147,"identifier":"56-544","token":"56\/20\/56-544","url":"\/56-544\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-544\/","token":"56\/20\/56-544","dublin_core":{"Title":"Board approval; inspection agreement with Department","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-544","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The applicant for a certificate<\/span> of authority to construct or enlarge a roadway<\/span> pursuant to this chapter shall first secure the approval of the Board<\/span> for the project, the project construction costs, the location and design of the roadway<\/span>, and its connection with any road under the jurisdiction<\/span> of the Board<\/span>, at proper and convenient places, in order<\/span> to provide for the convenience of the public. The Board<\/span> shall approve or deny approval by the later to occur of (i) sixty days following receipt of a description of the proposed location and design of the roadway<\/span> and its connection with all other roads, or (ii) forty-five days following the conduct of a hearing<\/span> contemplated by subsection B of § 33.2-208<\/a>, if such a hearing<\/span> is held and provided that the notice requirements of that section are fulfilled by the Department<\/span> within thirty days of receipt of the application, a project design, and a description of the project and the public need for the project. The Board<\/span> shall approve the project and its interconnections with other roads if there is a public need for a road project of the type proposed and the project and its interconnections are compatible with the existing road network. It shall approve the project construction costs if they are reasonable. If interconnections with an interstate highway<\/span> or other federal facility are contemplated, the Board<\/span>’s approval shall be conditioned upon ultimate approval of any interconnection if such federal approvals are required and have not been obtained by the time the Board<\/span> acts. Approval of the roadway<\/span> design shall not be withheld if it conforms materially with Department<\/span> practices for toll<\/span> facilities of similar size and with similar usage patterns. In making its determinations, the Board<\/span> shall keep in mind the public interest, which may include, without limitation, such considerations as the relative speed of the construction of the project and the allocation of the technical, financial and human resources of the Department<\/span>. The approval granted by the Board<\/span> shall be conditioned upon subsequent compliance by the applicant with the agreement contemplated by subsection B of this section. If the roadway<\/span> is to be built partially or completely along existing state highway<\/span> right-of-way, the Board<\/span> shall grant the applicant authority to use such right-of-way only after approval of this use of the right-of-way by the General Assembly. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If approval of the project, project design, and connections of the roadway<\/span> is granted by the Board<\/span>, the Department<\/span> shall thereafter enter into a comprehensive agreement with the operator<\/span> which provides, inter alia, that the Department<\/span> shall review and approve plans and specifications for the roadway<\/span> if they conform to state practices; that the Department<\/span> will inspect and approve construction of the roadway<\/span> if it conforms to the plans and specifications or state construction and engineering standards; that the Department<\/span> will, throughout the life of the roadway<\/span> project, monitor the maintenance practices of the operator<\/span> and take such actions as are appropriate to ensure the performance of maintenance obligations; and that the Department<\/span> shall be reimbursed its direct project costs, by the operator<\/span>, for the services performed by the Department<\/span>. The agreement shall also provide, inter alia, that the operator<\/span> will establish and fund accounts which shall ensure that funds are available to meet the obligations of the operator<\/span>; including reasonable reserves for contingencies and maintenance replacement activities. The approval of plans and specifications, and construction may be undertaken in phases, but no construction may commence until approval of plans including that phase of construction. The services for which the Department<\/span> shall be reimbursed include project development costs, such as those attendant to preparation of environmental impact statements, which are necessary for the construction of the roadway<\/span> by a private operator<\/span> but have been performed by the Department<\/span>. The agreement may include a provision that the Department<\/span> will perform services necessary for project development on behalf of the operator<\/span>, and in such a case, the Department<\/span> shall be fully reimbursed by the operator<\/span> for its direct costs. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBOARD APPROVAL; INSPECTION AGREEMENT WITH DEPARTMENT (\u00a7 56-544)\n\nA. The applicant for a certificate of authority to construct or enlarge a\nroadway pursuant to this chapter shall first secure the approval of the Board\nfor the project, the project construction costs, the location and design of the\nroadway, and its connection with any road under the jurisdiction of the Board,\nat proper and convenient places, in order to provide for the convenience of the\npublic. The Board shall approve or deny approval by the later to occur of (i)\nsixty days following receipt of a description of the proposed location and\ndesign of the roadway and its connection with all other roads, or (ii)\nforty-five days following the conduct of a hearing contemplated by subsection B\nof § 33.2-208, if such a hearing is held and provided that the notice\nrequirements of that section are fulfilled by the Department within thirty days\nof receipt of the application, a project design, and a description of the\nproject and the public need for the project. The Board shall approve the project\nand its interconnections with other roads if there is a public need for a road\nproject of the type proposed and the project and its interconnections are\ncompatible with the existing road network. It shall approve the project\nconstruction costs if they are reasonable. If interconnections with an\ninterstate highway or other federal facility are contemplated, the Board’s\napproval shall be conditioned upon ultimate approval of any interconnection if\nsuch federal approvals are required and have not been obtained by the time the\nBoard acts. Approval of the roadway design shall not be withheld if it conforms\nmaterially with Department practices for toll facilities of similar size and\nwith similar usage patterns. In making its determinations, the Board shall keep\nin mind the public interest, which may include, without limitation, such\nconsiderations as the relative speed of the construction of the project and the\nallocation of the technical, financial and human resources of the Department.\nThe approval granted by the Board shall be conditioned upon subsequent\ncompliance by the applicant with the agreement contemplated by subsection B of\nthis section. If the roadway is to be built partially or completely along\nexisting state highway right-of-way, the Board shall grant the applicant\nauthority to use such right-of-way only after approval of this use of the\nright-of-way by the General Assembly.\n\nB. If approval of the project, project design, and connections of the roadway is\ngranted by the Board, the Department shall thereafter enter into a comprehensive\nagreement with the operator which provides, inter alia, that the Department\nshall review and approve plans and specifications for the roadway if they\nconform to state practices; that the Department will inspect and approve\nconstruction of the roadway if it conforms to the plans and specifications or\nstate construction and engineering standards; that the Department will,\nthroughout the life of the roadway project, monitor the maintenance practices of\nthe operator and take such actions as are appropriate to ensure the performance\nof maintenance obligations; and that the Department shall be reimbursed its\ndirect project costs, by the operator, for the services performed by the\nDepartment. The agreement shall also provide, inter alia, that the operator will\nestablish and fund accounts which shall ensure that funds are available to meet\nthe obligations of the operator; including reasonable reserves for contingencies\nand maintenance replacement activities. The approval of plans and\nspecifications, and construction may be undertaken in phases, but no\nconstruction may commence until approval of plans including that phase of\nconstruction. The services for which the Department shall be reimbursed include\nproject development costs, such as those attendant to preparation of\nenvironmental impact statements, which are necessary for the construction of the\nroadway by a private operator but have been performed by the Department. The\nagreement may include a provision that the Department will perform services\nnecessary for project development on behalf of the operator, and in such a case,\nthe Department shall be fully reimbursed by the operator for its direct costs.\n\nHISTORY: 1988, c. 649; 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}}