                                 CODE OF VIRGINIA

CONSTRUCTION AND IMPROVEMENT OF PRIMARY OR SECONDARY HIGHWAYS BY COUNTIES (§
33.2-338)

A. Notwithstanding any other provisions of this article, the governing body of
any county may expend general revenues or revenues derived from the sale of
bonds for the purpose of constructing or improving highways, including curbs,
gutters, drainageways, sound barriers, sidewalks, and all other features or
appurtenances conducive to the public safety and convenience, that either have
been or may be taken into the primary or secondary state highway system. Project
planning and the acquisition of rights-of-way shall be under the control and at
the direction of the county, subject to the approval of project plans and
specifications by the Department. All costs incurred by the Department in
administering such contracts shall be reimbursed from the county&#8217;s general
revenues or from revenues derived from the sale of bonds or such costs may be
charged against the funds that the county may be entitled to under the
provisions of &#xA7; 33.2-358.

B. Projects undertaken under the authority of subsection A shall not diminish
the funds to which a county may be entitled under the provisions of &#xA7;
33.2-357 or 33.2-358.

C. At the request of the county, the Department may agree to undertake the
design, right-of-way acquisition, or construction of projects funded by the
county. In such situations, the Department and the county shall enter into an
agreement specifying all relevant procedures and responsibilities concerning the
design, right-of-way acquisition, construction, or contract administration of
projects to be funded by the county. The county shall reimburse the Department
for all costs incurred by the Department in carrying out the aforesaid
activities from general revenues or revenues derived from the sale of bonds.

D. Notwithstanding any contrary provision of law, any county may undertake
activities toward the design, land acquisition, or construction of primary or
secondary state highway projects that have been included in the six-year plan
pursuant to &#xA7; 33.2-331, or in the case of a primary state highway, an
approved project included in the six-year improvement program of the Board. In
such situations, the Department and the county shall enter into an agreement
specifying all relevant procedures and responsibilities concerning the design,
right-of-way acquisition, construction, or contract administration of projects
to be funded by the Department. Such activities shall be undertaken with the
prior concurrence of the Department, and the Department shall compensate the
county for eligible expenses incurred in carrying out these activities. The
county may undertake these activities in accordance with all applicable county
procedures, provided the Commissioner of Highways finds that those county
procedures are substantially similar to departmental procedures and
specifications.

E. If funding for the construction of a primary or interstate project is
scheduled in the Board&#8217;s Six-Year Improvement Program as defined in &#xA7;
33.2-214, a locality may choose to advance funds to the project. If such advance
is offered, the Board may consider such request and agree to such advancement
and the subsequent reimbursement of the locality of the advance in accordance
with terms agreed upon by the Board or its designee and the locality.

F. Any county carrying out any construction project as authorized in this
section may, in so doing, exercise the powers granted the Commissioner of
Highways under Article 1 (&#xA7; 33.2-1000 et seq.) of Chapter 10 to enter
property for the purpose of making an examination and survey thereof, with a
view to ascertainment of its suitability for highway purposes and any other
purpose incidental thereto.

G. For the purposes of this section, any county without an existing franchise
agreement, when administering a Department-sanctioned project under a land-use
permit or transportation project agreement, shall have the same authority as the
Department pertaining to the relocation of utilities.

H. Whenever so requested by any county, funding of any project undertaken as
provided in this section may be supplemented solely by state funds in order to
avoid the necessity of complying with additional federal requirements, provided
a determination has been made by the Department that (i) adequate state funds
are available to fully match available federal transportation funds and (ii) the
Department can meet its federal obligation authority, as permitted by federal
law.

HISTORY: 1981, c. 321, § 33.1-75.3; 1982, c. 218; 1983, cc. 321, 325; 1984, c.
127;  1985, c. 562; 1988, c. 654; 1989, c. 143; 1990, c. 36; 1995,  c. 105;
1998, cc. 334, 341, 342; 2000, c. 88; 2003, c. 303;  2005, c. 342; 2006, cc.
115, 827; 2014, c. 805; 2015, c. 684; 2020, c. 784.