                                 CODE OF VIRGINIA

FUND FOR ACCESS ROADS AND BIKEWAYS TO PUBLIC RECREATIONAL AREAS AND HISTORICAL
SITES; CONSTRUCTION, MAINTENANCE, ETC., OF SUCH FACILITIES (§ 33.2-1510)

A. The General Assembly finds and declares that there is an increasing demand by
the public for more public recreational areas throughout the Commonwealth,
therefore creating a need for more access to these areas. There are also many
sites of historical significance to which access is needed.
			The General Assembly hereby declares it to be in the public interest that
access roads and bikeways to public recreational areas and historical sites be
provided by using funds obtained from motor fuel tax collections on motor fuel
used for propelling boats and ships and funds contained in the highway portion
of the Transportation Trust Fund.

B. Prior to making allocations pursuant to subsection B of &#xA7; 33.2-358, the
Board shall set aside the sum of $3 million initially. This fund shall be
expended by the Board for the construction, reconstruction, maintenance, or
improvement of access roads and bikeways within localities. At the close of each
succeeding fiscal year, the Board shall replenish this fund to the extent it
deems necessary to carry out the purpose intended, provided the balance in the
fund plus the replenishment does not exceed $3 million.

C. Upon the setting aside of the funds as provided in this section, the Board
shall construct, reconstruct, maintain, or improve access roads and bikeways to
public recreational areas and historical sites upon the following conditions:

   1. When the Director of the Department of Conservation and Recreation has
   designated a public recreational area as such or when the Director of the
   Department of Historic Resources has determined a site or area to be historic
   and recommends to the Board that an access road or bikeway be provided or
   maintained to that area;

   2. When the Board pursuant to the recommendation from the Director of the
   Department of Conservation and Recreation declares by resolution that the
   access road or bikeway be provided or maintained;

   3. When the governing body of the locality in which the access road or bikeway
   is to be provided or maintained passes a resolution requesting the road; and

   4. When the governing body of the locality in which the bikeway is to be
   provided or maintained adopts an ordinance pursuant to Article 7 (&#xA7;
   15.2-2280 et seq.) of Chapter 22 of Title 15.2.
   				No access road or bikeway shall be constructed, reconstructed, maintained,
   or improved on privately owned property.

D. Any access road constructed, reconstructed, maintained, or improved pursuant
to the provisions of this section shall become part of the primary state highway
system, the secondary state highway system, or the road system of the locality
in which it is located in the manner provided by law and shall thereafter be
constructed, reconstructed, maintained, and improved as other roads or highways
in such systems. Any bikeway path constructed, reconstructed, maintained, or
improved pursuant to the provisions of this section that is not situated within
the right-of-way limits of an access road that has become, or which is to
become, part of the primary state highway system, the secondary state highway
system, or the road system of the locality shall, upon completion, become part
of and be regulated and maintained by the authority or agency maintaining the
public recreational area or historical site. It shall be the responsibility of
the authority, agency, or locality requesting that a bikeway be provided for a
public recreational or historical site to provide the right-of-way needed for
the construction, reconstruction, maintenance, or improvement of the bikeway if
such is to be situated outside the right-of-way limits of an access road.
			To maximize the impact of the Fund, not more than $400,000 of recreational
access funds may be allocated for each individual access road project to or
within any public recreational area or historical site operated by a state
agency and not more than $250,000 of recreational access funds may be allocated
for each individual access road project to or within a public recreational area
or historical site operated by a locality or an authority with an additional
$100,000 if supplemented on a dollar-for-dollar basis by the locality or
authority from other than highway sources. Not more than $75,000 of recreational
access funds may be allocated for each individual bikeway project to a public
recreational area or historical site operated by a state agency and not more
than $60,000 of recreational access funds may be allocated for each individual
bikeway project to a public recreational area or historical site operated by a
locality or an authority with an additional $15,000 if supplemented on a
dollar-for-dollar basis by a locality or authority from other than highway
sources.
			The Board, with the concurrence of the Director of the Department of
Conservation and Recreation, is hereby authorized to establish guidelines to
carry out the provisions of this section.

HISTORY: Code 1950, § 33-136.3; 1966, c. 484; 1968, c. 221; 1970, c. 322, §
33.1-223; 1975, c. 362; 1982, c. 643; 1984, c. 739; 1989, cc. 305,  656; 1990,
c. 689; 1992, c. 108; 1996, cc. 101, 131; 2005, cc. 25, 453; 2013, c. 222; 2014,
c. 805; 2015, c. 684; 2020, cc. 1230, 1275.