{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-615.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-615.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-615.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-615.html"}],"law_id":79640,"edition_id":1,"section_id":79640,"structure_id":13340,"section_number":"56-615","catch_line":" Right to occupy rights-of-way; location of rights-of-way","history":"2009, c. 807, \u00a7 67-1101; 2013, cc. 585, 646; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nEvery renewable generator shall have authority to occupy and use the public roads, works, turnpikes, streets, avenues, and alleys in any county, with the consent of the board of supervisors or other governing authority thereof, or in any incorporated city or town, with the consent of the council thereof, and the waterways within the Commonwealth, with the consent of the Marine Resources Commission, for the erection of distribution facilities. However, if the road or street is in the primary state highway system or the secondary state highway system, the consent of the board of supervisors or other governing authority of any county shall not be necessary, provided that a permit for such occupation and use is first obtained from the Department of Transportation. The use of any road or street in the primary state highway system or secondary state highway system that has been designated a limited access highway in accordance with § 33.2-401 shall not be permitted, unless the Department of Transportation approves an exception in accordance with the then-current policy.B\n\nNeither a locality nor the Department of Transportation shall impose any fees on a renewable generator for the use of public rights-of-way except in the manner prescribed in § 56-617.C\n\nNeither a locality nor the Department of Transportation shall impose on renewable generators, whether by franchise, ordinance, or other means, any restrictions or requirements concerning the use of the public rights-of-way that are (i) unfair or unreasonable or (ii) any greater than those imposed on providers of electric or natural gas utility service.D\n\nNotwithstanding any other provision of law, any permit or other permission required by a locality pursuant to a franchise, ordinance, or other permission to use the public rights-of-way or by the Department of Transportation of a renewable generator to use the public rights-of-way shall be granted or denied within 45 days from submission and, if denied, accompanied by a written explanation of the reasons the permit was denied and the actions required to cure the denial.E\n\nNeither a locality receiving directly or indirectly a public rights-of-way use fee nor the Department of Transportation shall require a renewable generator to provide in-kind services or physical assets as a condition of consent to use public rights-of-way or easements, or in lieu of the public rights-of-way use fee.F\n\nThis chapter shall not affect the obligation of the Department of Transportation to give notice, pursuant to § 33.2-272, to localities when it grants its permission for the construction, installation, location, or placement of a landfill gas pipeline within any highway right-of-way.","order_by":null,"text":{"0":{"id":285356,"text":"Every renewable generator shall have authority to occupy and use the public roads, works, turnpikes, streets, avenues, and alleys in any county, with the consent of the board of supervisors or other governing authority thereof, or in any incorporated city or town, with the consent of the council thereof, and the waterways within the Commonwealth, with the consent of the Marine Resources Commission, for the erection of distribution facilities. However, if the road or street is in the primary state highway system or the secondary state highway system, the consent of the board of supervisors or other governing authority of any county shall not be necessary, provided that a permit for such occupation and use is first obtained from the Department of Transportation. The use of any road or street in the primary state highway system or secondary state highway system that has been designated a limited access highway in accordance with § 33.2-401 shall not be permitted, unless the Department of Transportation approves an exception in accordance with the then-current policy.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285357,"text":"Neither a locality nor the Department of Transportation shall impose any fees on a renewable generator for the use of public rights-of-way except in the manner prescribed in § 56-617.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":285358,"text":"Neither a locality nor the Department of Transportation shall impose on renewable generators, whether by franchise, ordinance, or other means, any restrictions or requirements concerning the use of the public rights-of-way that are (i) unfair or unreasonable or (ii) any greater than those imposed on providers of electric or natural gas utility service.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":285359,"text":"Notwithstanding any other provision of law, any permit or other permission required by a locality pursuant to a franchise, ordinance, or other permission to use the public rights-of-way or by the Department of Transportation of a renewable generator to use the public rights-of-way shall be granted or denied within 45 days from submission and, if denied, accompanied by a written explanation of the reasons the permit was denied and the actions required to cure the denial.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":285360,"text":"Neither a locality receiving directly or indirectly a public rights-of-way use fee nor the Department of Transportation shall require a renewable generator to provide in-kind services or physical assets as a condition of consent to use public rights-of-way or easements, or in lieu of the public rights-of-way use fee.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":285361,"text":"This chapter shall not affect the obligation of the Department of Transportation to give notice, pursuant to § 33.2-272, to localities when it grants its permission for the construction, installation, location, or placement of a landfill gas pipeline within any highway right-of-way.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13340,"edition_id":1,"name":"Renewable Energy Co-Location of Distribution Facilities","identifier":"29","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:44:40","date_modified":"2026-06-26 03:44:40","permalink":{"id":250937,"object_type":"structure","relational_id":13340,"identifier":"29","token":"56\/29","url":"\/56\/29\/","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":57707,"structure_id":13340,"section_number":"56-614","catch_line":" Definitions","url":"\/56-614\/","token":"56\/29\/56-614","metadata":false},{"id":79640,"structure_id":13340,"section_number":"56-615","catch_line":" Right to occupy rights-of-way; location of rights-of-way","url":"\/56-615\/","token":"56\/29\/56-615","metadata":false},{"id":54322,"structure_id":13340,"section_number":"56-616","catch_line":" Occupation of property of certain localities; imposition of terms and conditions as to use of property","url":"\/56-616\/","token":"56\/29\/56-616","metadata":false},{"id":57231,"structure_id":13340,"section_number":"56-617","catch_line":" Public rights-of-way use fee","url":"\/56-617\/","token":"56\/29\/56-617","metadata":false},{"id":73796,"structure_id":13340,"section_number":"56-618","catch_line":" Reimbursement for relocation costs","url":"\/56-618\/","token":"56\/29\/56-618","metadata":false},{"id":54677,"structure_id":13340,"section_number":"56-619","catch_line":" Relocation of lines or works of renewable generator acquired by Commonwealth Transportation Board","url":"\/56-619\/","token":"56\/29\/56-619","metadata":false},{"id":83122,"structure_id":13340,"section_number":"56-620","catch_line":" How consent of appropriate authorities obtained; terms of use","url":"\/56-620\/","token":"56\/29\/56-620","metadata":false},{"id":86269,"structure_id":13340,"section_number":"56-621","catch_line":" Cost to Commonwealth in connection with inspection and coordination of construction of line to be paid by renewable generator","url":"\/56-621\/","token":"56\/29\/56-621","metadata":false},{"id":83203,"structure_id":13340,"section_number":"56-622","catch_line":" Renewable generator may contract for right-of-way","url":"\/56-622\/","token":"56\/29\/56-622","metadata":false},{"id":78392,"structure_id":13340,"section_number":"56-623","catch_line":" Construction of transmission facilities","url":"\/56-623\/","token":"56\/29\/56-623","metadata":false},{"id":77988,"structure_id":13340,"section_number":"56-624","catch_line":" Restoring condition of ground","url":"\/56-624\/","token":"56\/29\/56-624","metadata":false}],"previous_section":{"id":57707,"structure_id":13340,"section_number":"56-614","catch_line":" Definitions","url":"\/56-614\/","token":"56\/29\/56-614","metadata":false},"next_section":{"id":54322,"structure_id":13340,"section_number":"56-616","catch_line":" Occupation of property of certain localities; imposition of terms and conditions as to use of property","url":"\/56-616\/","token":"56\/29\/56-616","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-615\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapter 807<\/a> 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. 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 2013, chapters 585<\/a> and 646<\/a>.<\/p>","references":[{"id":57231,"section_number":"56-617","catch_line":" Public rights-of-way use fee","order_by":null,"url":"\/56-617\/"},{"id":83122,"section_number":"56-620","catch_line":" How consent of appropriate authorities obtained; terms of use","order_by":null,"url":"\/56-620\/"}],"refers_to":[{"id":82065,"section_number":"33.2-272","catch_line":"Location of landfill gas pipelines in highway right-of-way; Department of Transportation to provide notice to counties","order_by":null,"url":"\/33.2-272\/"},{"id":56950,"section_number":"33.2-401","catch_line":"Power and authority of Commonwealth Transportation Board relating to limited access highways","order_by":null,"url":"\/33.2-401\/"}],"permalink":{"id":250943,"object_type":"law","relational_id":79640,"identifier":"56-615","token":"56\/29\/56-615","url":"\/56-615\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-615\/","token":"56\/29\/56-615","dublin_core":{"Title":" Right to occupy rights-of-way; location of rights-of-way","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-615","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every renewable generator<\/span> shall have authority to occupy and use the public roads, works, turnpikes, streets, avenues, and alleys in any county, with the consent of the board of supervisors or other governing authority thereof, or in any incorporated city or town, with the consent of the council thereof, and the waterways within the Commonwealth, with the consent of the Marine Resources Commission<\/span>, for the erection of distribution facilities<\/span>. However, if the road or street is in the primary state highway system or the secondary state highway system, the consent of the board of supervisors or other governing authority of any county shall not be necessary, provided that a permit for such occupation and use is first obtained from the Department of Transportation. The use of any road or street in the primary state highway system or secondary state highway system that has been designated a limited access highway in accordance with § 33.2-401<\/a> shall not be permitted, unless the Department of Transportation approves an exception in accordance with the then-current policy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Neither a locality<\/span> nor the Department of Transportation shall impose any fees on a renewable generator<\/span> for the use of public rights-of-way except in the manner prescribed in § 56-617<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Neither a locality<\/span> nor the Department of Transportation shall impose on renewable generators<\/span>, whether by franchise, ordinance<\/span>, or other means, any restrictions or requirements concerning the use of the public rights-of-way<\/span> that are (i) unfair or unreasonable or (ii) any greater than those imposed on providers of electric or natural gas utility service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any other provision of law<\/span>, any permit or other permission required by a locality<\/span> pursuant to a franchise, ordinance<\/span>, or other permission to use the public rights-of-way or by the Department of Transportation of a renewable generator<\/span> to use the public rights-of-way shall be granted or denied within 45 days from submission and, if denied, accompanied by a written explanation of the reasons the permit was denied and the actions required to cure the denial. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Neither a locality<\/span> receiving directly or indirectly a public rights-of-way use fee<\/span> nor the Department of Transportation shall require a renewable generator<\/span> to provide in-kind services or physical assets<\/span> as a condition of consent to use public rights-of-way or easements, or in lieu of the public rights-of-way use fee<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> This chapter shall not affect the obligation of the Department of Transportation to give notice, pursuant to § 33.2-272<\/a>, to localities when it grants its permission for the construction, installation, location, or placement of a landfill gas pipeline within any highway right-of-way. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n RIGHT TO OCCUPY RIGHTS-OF-WAY; LOCATION OF RIGHTS-OF-WAY (\u00a7 56-615)\n\nA. Every renewable generator shall have authority to occupy and use the public\nroads, works, turnpikes, streets, avenues, and alleys in any county, with the\nconsent of the board of supervisors or other governing authority thereof, or in\nany incorporated city or town, with the consent of the council thereof, and the\nwaterways within the Commonwealth, with the consent of the Marine Resources\nCommission, for the erection of distribution facilities. However, if the road or\nstreet is in the primary state highway system or the secondary state highway\nsystem, the consent of the board of supervisors or other governing authority of\nany county shall not be necessary, provided that a permit for such occupation\nand use is first obtained from the Department of Transportation. The use of any\nroad or street in the primary state highway system or secondary state highway\nsystem that has been designated a limited access highway in accordance with\n§ 33.2-401 shall not be permitted, unless the Department of Transportation\napproves an exception in accordance with the then-current policy.\n\nB. Neither a locality nor the Department of Transportation shall impose any fees\non a renewable generator for the use of public rights-of-way except in the\nmanner prescribed in § 56-617.\n\nC. Neither a locality nor the Department of Transportation shall impose on\nrenewable generators, whether by franchise, ordinance, or other means, any\nrestrictions or requirements concerning the use of the public rights-of-way that\nare (i) unfair or unreasonable or (ii) any greater than those imposed on\nproviders of electric or natural gas utility service.\n\nD. Notwithstanding any other provision of law, any permit or other permission\nrequired by a locality pursuant to a franchise, ordinance, or other permission\nto use the public rights-of-way or by the Department of Transportation of a\nrenewable generator to use the public rights-of-way shall be granted or denied\nwithin 45 days from submission and, if denied, accompanied by a written\nexplanation of the reasons the permit was denied and the actions required to\ncure the denial.\n\nE. Neither a locality receiving directly or indirectly a public rights-of-way\nuse fee nor the Department of Transportation shall require a renewable generator\nto provide in-kind services or physical assets as a condition of consent to use\npublic rights-of-way or easements, or in lieu of the public rights-of-way use\nfee.\n\nF. This chapter shall not affect the obligation of the Department of\nTransportation to give notice, pursuant to § 33.2-272, to localities when\nit grants its permission for the construction, installation, location, or\nplacement of a landfill gas pipeline within any highway right-of-way.\n\nHISTORY: 2009, c. 807, \u00a7 67-1101; 2013, cc. 585, 646; 2021, Sp. Sess. I, c.\n387.","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}}