{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-616.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-616.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-616.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-616.html"}],"law_id":54322,"edition_id":1,"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","history":"2009, c. 807, \u00a7 67-1102; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nAny incorporated city or town may impose upon a renewable generator any terms and conditions consistent herewith and supplemental hereto, as to the occupation and use of its streets, avenues, and alleys, and as to the construction and maintenance of the distribution facilities of the renewable generator along, over, or under the same, that the city or town may deem expedient and proper.B\n\nNo locality 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\nNo locality shall impose on a renewable generator, 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 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\nNo locality receiving directly or indirectly a public rights-of-way use fee 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\nA renewable generator shall have the same rights, duties, and responsibilities related to the crossing of a railroad as afforded other public service corporations in §§ 56-12, 56-17 through 56-22, 56-25, 56-26, and 56-27. Nothing in this chapter shall expand the rights of renewable generators to either cross or otherwise have access to railroad property to an extent greater than that afforded other public service corporations in this title.","order_by":null,"text":{"0":{"id":199432,"text":"Any incorporated city or town may impose upon a renewable generator any terms and conditions consistent herewith and supplemental hereto, as to the occupation and use of its streets, avenues, and alleys, and as to the construction and maintenance of the distribution facilities of the renewable generator along, over, or under the same, that the city or town may deem expedient and proper.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199433,"text":"No locality 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":199434,"text":"No locality shall impose on a renewable generator, 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":199435,"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 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":199436,"text":"No locality receiving directly or indirectly a public rights-of-way use fee 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":199437,"text":"A renewable generator shall have the same rights, duties, and responsibilities related to the crossing of a railroad as afforded other public service corporations in §§ 56-12, 56-17 through 56-22, 56-25, 56-26, and 56-27. Nothing in this chapter shall expand the rights of renewable generators to either cross or otherwise have access to railroad property to an extent greater than that afforded other public service corporations in this title.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-616\/","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.<\/p>","references":[{"id":57231,"section_number":"56-617","catch_line":" Public rights-of-way use fee","order_by":null,"url":"\/56-617\/"}],"refers_to":[{"id":71852,"section_number":"56-12","catch_line":"Works and property sold under court decree subject to provisions of three preceding sections","order_by":null,"url":"\/56-12\/"},{"id":77234,"section_number":"56-17","catch_line":" Right of one public service corporation to cross the works of another; cost","order_by":null,"url":"\/56-17\/"},{"id":70525,"section_number":"56-22","catch_line":"Change of course of railroad, etc., to avoid crossings","order_by":null,"url":"\/56-22\/"},{"id":64945,"section_number":"56-25","catch_line":"Manner of construction of crossing","order_by":null,"url":"\/56-25\/"},{"id":68036,"section_number":"56-26","catch_line":"Cost of crossing","order_by":null,"url":"\/56-26\/"},{"id":73221,"section_number":"56-27","catch_line":"Applications required for crossings","order_by":null,"url":"\/56-27\/"}],"permalink":{"id":250947,"object_type":"law","relational_id":54322,"identifier":"56-616","token":"56\/29\/56-616","url":"\/56-616\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-616\/","token":"56\/29\/56-616","dublin_core":{"Title":" Occupation of property of certain localities; imposition of terms and conditions as to use of property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-616","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any incorporated city or town may impose upon a renewable generator<\/span> any terms and conditions consistent herewith and supplemental hereto, as to the occupation and use of its streets, avenues, and alleys, and as to the construction and maintenance of the distribution facilities<\/span> of the renewable generator<\/span> along, over, or under the same, that the city or town may deem expedient and proper. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No locality<\/span> 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> No locality<\/span> shall impose on a renewable generator<\/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 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> No locality<\/span> receiving directly or indirectly a public rights-of-way use fee<\/span> 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> A renewable generator<\/span> shall have the same rights, duties, and responsibilities related to the crossing of a railroad<\/span> as afforded other public service corporations<\/span> in §§ 56-12<\/a>, 56-17<\/a> through 56-22<\/a>, 56-25<\/a>, 56-26<\/a>, and 56-27<\/a>. Nothing in this chapter shall expand the rights of renewable generators<\/span> to either cross or otherwise have access to railroad<\/span> property to an extent greater than that afforded other public service corporations<\/span> in this title. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n OCCUPATION OF PROPERTY OF CERTAIN LOCALITIES; IMPOSITION OF TERMS AND\nCONDITIONS AS TO USE OF PROPERTY (\u00a7 56-616)\n\nA. Any incorporated city or town may impose upon a renewable generator any terms\nand conditions consistent herewith and supplemental hereto, as to the occupation\nand use of its streets, avenues, and alleys, and as to the construction and\nmaintenance of the distribution facilities of the renewable generator along,\nover, or under the same, that the city or town may deem expedient and proper.\n\nB. No locality shall impose any fees on a renewable generator for the use of\npublic rights-of-way except in the manner prescribed in § 56-617.\n\nC. No locality shall impose on a renewable generator, whether by franchise,\nordinance, or other means, any restrictions or requirements concerning the use\nof the public rights-of-way that are (i) unfair or unreasonable or (ii) any\ngreater than those imposed on providers of electric or natural gas utility\nservice.\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 of a renewable generator to use the public\nrights-of-way shall be granted or denied within 45 days from submission and, if\ndenied, accompanied by a written explanation of the reasons the permit was\ndenied and the actions required to cure the denial.\n\nE. No locality receiving directly or indirectly a public rights-of-way use fee\nshall require a renewable generator to provide in-kind services or physical\nassets as a condition of consent to use public rights-of-way or easements, or in\nlieu of the public rights-of-way use fee.\n\nF. A renewable generator shall have the same rights, duties, and\nresponsibilities related to the crossing of a railroad as afforded other public\nservice corporations in §§ 56-12, 56-17 through 56-22, 56-25, 56-26,\nand 56-27. Nothing in this chapter shall expand the rights of renewable\ngenerators to either cross or otherwise have access to railroad property to an\nextent greater than that afforded other public service corporations in this\ntitle.\n\nHISTORY: 2009, c. 807, \u00a7 67-1102; 2021, Sp. Sess. I, c. 387.","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}}