{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-617.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-617.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-617.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-617.html"}],"law_id":57231,"edition_id":1,"section_id":57231,"structure_id":13340,"section_number":"56-617","catch_line":" Public rights-of-way use fee","history":"2009, c. 807, \u00a7 67-1103; 2013, cc. 585, 646; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nNotwithstanding any other provisions of law, there is hereby established a public rights-of-way use fee to be charged in lieu of any and all fees of general application, except for zoning, subdivision, site plan, and comprehensive plan fees of general application, otherwise chargeable to a renewable generator by the Department of Transportation or a locality in connection with a permit for such occupation and use granted in accordance with § 56-615 or 56-616. The public rights-of-way use fee established by this section is imposed on all renewable generators that occupy and use public rights-of-way in order to (i) supply electricity generated at its renewable energy facility to the electric distribution grid, (ii) distribute steam generated at its renewable energy facility to customers, or (iii) supply landfill gas to customers or to a natural gas distribution or transmission pipeline.B\n\nThe amount of the public rights-of-way use fee for a renewable generator shall be $1,500 per mile or any portion thereof over which the renewable generator has installed distribution facilities.C\n\nA renewable generator shall remit its required public rights-of-way use fee to the locality or the Department of Transportation, as applicable, prior to initiation of construction, as follows:1\n\nThe renewable generator shall remit directly to the applicable locality all public rights-of-way use fees billed in (i) cities, (ii) towns whose public streets and roads are not maintained by the Department of Transportation, and (iii) any county that has withdrawn or elects to withdraw from the secondary system of state highways under the provisions of § 11 of Chapter 415 of the Acts of Assembly of 1932 and that has elected not to return.2\n\nThe public rights-of-way use fees in all other counties shall be remitted by each renewable generator to the Department of Transportation, and shall first be used to offset the administrative costs of processing the permit with the remaining fee being added to the secondary system construction improvement program funds of the counties where the facilities are located.","order_by":null,"text":{"0":{"id":209652,"text":"Notwithstanding any other provisions of law, there is hereby established a public rights-of-way use fee to be charged in lieu of any and all fees of general application, except for zoning, subdivision, site plan, and comprehensive plan fees of general application, otherwise chargeable to a renewable generator by the Department of Transportation or a locality in connection with a permit for such occupation and use granted in accordance with § 56-615 or 56-616. The public rights-of-way use fee established by this section is imposed on all renewable generators that occupy and use public rights-of-way in order to (i) supply electricity generated at its renewable energy facility to the electric distribution grid, (ii) distribute steam generated at its renewable energy facility to customers, or (iii) supply landfill gas to customers or to a natural gas distribution or transmission pipeline.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":209653,"text":"The amount of the public rights-of-way use fee for a renewable generator shall be $1,500 per mile or any portion thereof over which the renewable generator has installed distribution facilities.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":209654,"text":"A renewable generator shall remit its required public rights-of-way use fee to the locality or the Department of Transportation, as applicable, prior to initiation of construction, as follows:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":209655,"text":"The renewable generator shall remit directly to the applicable locality all public rights-of-way use fees billed in (i) cities, (ii) towns whose public streets and roads are not maintained by the Department of Transportation, and (iii) any county that has withdrawn or elects to withdraw from the secondary system of state highways under the provisions of § 11 of Chapter 415 of the Acts of Assembly of 1932 and that has elected not to return.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":209656,"text":"The public rights-of-way use fees in all other counties shall be remitted by each renewable generator to the Department of Transportation, and shall first be used to offset the administrative costs of processing the permit with the remaining fee being added to the secondary system construction improvement program funds of the counties where the facilities are located.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-617\/","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":false,"refers_to":[{"id":79640,"section_number":"56-615","catch_line":" Right to occupy rights-of-way; location of rights-of-way","order_by":null,"url":"\/56-615\/"},{"id":54322,"section_number":"56-616","catch_line":" Occupation of property of certain localities; imposition of terms and conditions as to use of property","order_by":null,"url":"\/56-616\/"}],"permalink":{"id":250951,"object_type":"law","relational_id":57231,"identifier":"56-617","token":"56\/29\/56-617","url":"\/56-617\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-617\/","token":"56\/29\/56-617","dublin_core":{"Title":" Public rights-of-way use fee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-617","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provisions of law<\/span>, there is hereby established a public rights-of-way use fee<\/span> to be charged in lieu of any and all fees of general application, except for zoning, subdivision, site plan, and comprehensive plan fees of general application, otherwise chargeable to a renewable generator<\/span> by the Department of Transportation or a locality<\/span> in connection with a permit for such occupation and use granted in accordance with § 56-615<\/a> or 56-616<\/a>. The public rights-of-way use fee<\/span> established by this section is imposed on all renewable generators<\/span> that occupy and use public rights-of-way in order<\/span> to (i) supply electricity generated at its renewable energy facility<\/span> to the electric distribution grid, (ii) distribute steam generated at its renewable energy facility<\/span> to customers, or (iii) supply landfill gas to customers or to a natural gas distribution or transmission pipeline. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The amount of the public rights-of-way use fee<\/span> for a renewable generator<\/span> shall be $1,500 per mile or any portion thereof over which the renewable generator<\/span> has installed distribution facilities<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A renewable generator<\/span> shall remit its required public rights-of-way use fee<\/span> to the locality<\/span> or the Department of Transportation, as applicable, prior to initiation of construction, as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The renewable generator<\/span> shall remit directly to the applicable locality<\/span> all public rights-of-way use fees<\/span> billed in (i) cities, (ii) towns whose public streets and roads are not maintained by the Department of Transportation, and (iii) any county that has withdrawn or elects to withdraw from the secondary system of state highways under the provisions of § 11 of Chapter 415 of the Acts of Assembly of 1932 and that has elected not to return. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The public rights-of-way use fees<\/span> in all other counties shall be remitted by each renewable generator<\/span> to the Department of Transportation, and shall first be used to offset the administrative costs of processing the permit with the remaining fee being added to the secondary system construction improvement program funds of the counties where the facilities are located. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n PUBLIC RIGHTS-OF-WAY USE FEE (\u00a7 56-617)\n\nA. Notwithstanding any other provisions of law, there is hereby established a\npublic rights-of-way use fee to be charged in lieu of any and all fees of\ngeneral application, except for zoning, subdivision, site plan, and\ncomprehensive plan fees of general application, otherwise chargeable to a\nrenewable generator by the Department of Transportation or a locality in\nconnection with a permit for such occupation and use granted in accordance with\n§ 56-615 or 56-616. The public rights-of-way use fee established by this\nsection is imposed on all renewable generators that occupy and use public\nrights-of-way in order to (i) supply electricity generated at its renewable\nenergy facility to the electric distribution grid, (ii) distribute steam\ngenerated at its renewable energy facility to customers, or (iii) supply\nlandfill gas to customers or to a natural gas distribution or transmission\npipeline.\n\nB. The amount of the public rights-of-way use fee for a renewable generator\nshall be $1,500 per mile or any portion thereof over which the renewable\ngenerator has installed distribution facilities.\n\nC. A renewable generator shall remit its required public rights-of-way use fee\nto the locality or the Department of Transportation, as applicable, prior to\ninitiation of construction, as follows:\n\n 1. The renewable generator shall remit directly to the applicable locality all\n public rights-of-way use fees billed in (i) cities, (ii) towns whose public\n streets and roads are not maintained by the Department of Transportation, and\n (iii) any county that has withdrawn or elects to withdraw from the secondary\n system of state highways under the provisions of § 11 of Chapter 415 of\n the Acts of Assembly of 1932 and that has elected not to return.\n\n 2. The public rights-of-way use fees in all other counties shall be remitted\n by each renewable generator to the Department of Transportation, and shall\n first be used to offset the administrative costs of processing the permit with\n the remaining fee being added to the secondary system construction improvement\n program funds of the counties where the facilities are located.\n\nHISTORY: 2009, c. 807, \u00a7 67-1103; 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}}