                                 CODE OF VIRGINIA

CONNECTIONS OVER SHOULDERS OF HIGHWAYS FOR INTERSECTING COMMERCIAL ESTABLISHMENT
ENTRANCES; PENALTY (§ 33.2-241)

The Commissioner of Highways shall permit suitable connections from where
commercial establishment entrances are desired to intersect improved highways
and over and across the shoulders and unimproved parts of such highways to the
paved or otherwise improved parts thereof that comply with the access management
standards of the Commissioner of Highways for the location, spacing, and design
of entrances, taking into account the operating characteristics and federal
functional classification of the highway, to provide the users of such entrances
safe and convenient means of ingress and egress with motor vehicles to and from
the paved or otherwise improved parts of such highways while minimizing the
impact of such ingress and egress on the operation of such highways, provided
that any person desiring such an entrance shall:

1. Be required first to obtain a permit therefor from the Commissioner of
Highways;

2. Provide the entrance at his expense;

3. If required by the Commissioner of Highways, provide for the joint use of the
desired entrance with adjacent property owners or provide evidence of such
efforts; and

4. Construct the entrance or have the entrance constructed, including such
safety structures as are required by the Commissioner of Highways, pursuant to
the Department of Transportation&#8217;s design standards and applicable
Department regulations concerning access management and applicable Board
regulations concerning land use permits.
			All commercial entrances whether or not constructed under this section shall
be maintained by the owner of the premises at all times in a manner satisfactory
to the Commissioner of Highways.
			Any person violating the provisions of this section is guilty of a
misdemeanor punishable by a fine of not less than $5 nor more than $100 for each
offense. Following a conviction and 15 days for correction, each day during
which the violation continues shall constitute a separate and distinct offense
and be punishable as such. Such person shall be civilly liable to the
Commonwealth for actual damage sustained by the Commonwealth by reason of his
wrongful act.
			The Commissioner of Highways shall document and maintain a list of anyone who
has requested an onsite meeting with the resident engineer or his staff. Such
list shall also include recommendations made pursuant to the Department of
Transportation&#8217;s design standards and applicable Department regulations
concerning access management and applicable Board regulations concerning land
use permits and any associated cost estimates. Such list shall be provided to a
locality upon the request of such locality.

HISTORY: Code 1950, § 33-116.1; 1956, c. 91; 1966, c. 378; 1970, c. 322, §
33.1-198; 2005, c. 645; 2007, cc. 863, 928; 2014, c. 805; 2017, c. 542.