                                 CODE OF VIRGINIA

RECREATIONAL WAYSIDES; REGULATIONS; PENALTIES (§ 33.2-246)

A. To promote the safety, convenience, and enjoyment of travel on, and
protection of the public investment in, highways of the Commonwealth and for the
restoration, preservation, and enhancement of scenic beauty within and adjoining
such highways, it is hereby declared to be in the public interest to acquire and
establish recreational waysides and areas of scenic beauty adjoining the
highways of the Commonwealth.

B. The Commissioner of Highways may, whenever in his opinion it is in the best
interest of the Commonwealth, accept from the United States, or any authorized
agency thereof, a grant or grants of any recreational waysides established and
constructed by the United States, or any such agency thereof, or a grant or
grants of funds for landscaping and scenic enhancement of highways, and the
Commissioner of Highways may, on behalf of the Commonwealth, enter into a
contract or contracts with the United States, or any such agency thereof, to
maintain and operate any such recreational waysides that may be so granted to
the Commonwealth and may do all things necessary to receive and expend federal
funds for landscaping and scenic enhancement.

C. The Commissioner of Highways may, whenever it is in the best interest of the
operation of the Interstate System or the primary or secondary state highway
system, establish, construct, maintain, and operate appropriate recreational
waysides and areas of scenic beauty adjoining such highways.

D. The Commissioner of Highways may acquire by purchase, gift, or the power of
eminent domain such land or interest in land as may be necessary to carry out
the provisions of this section, provided that in exercising the power of eminent
domain for areas of scenic beauty, such areas adjoin and lie within 100 feet of
the right-of-way of the highway, and the procedure shall be, mutatis mutandis,
as provided for the acquisition of land by the Commissioner of Highways in
Article 1 (&#xA7; 33.2-1000 et seq.) of Chapter 10.

E. The Board may establish regulations for the use of recreational waysides,
including regulations relating to (i) the time, place, and manner of parking of
vehicles; (ii) activities that may be conducted within such waysides; (iii)
solicitation and selling within the waysides; and (iv) such other matters as may
be necessary or expedient in the interest of the motoring public.
			The regulations when adopted by the Board shall be posted in a conspicuous
place at each wayside, along with such other signs as the Commissioner of
Highways deems necessary to advise the public.
			Any person violating any regulation adopted under this section is guilty of a
misdemeanor punishable by a fine of not less than $5 nor more than $100 for each
offense.

F. Recreational waysides and areas of scenic beauty when acquired, established,
maintained, and operated in accordance with this section shall be deemed to be a
part of the Interstate System or primary or secondary state highway system but
land acquired for areas of scenic beauty shall not be deemed a part of the
right-of-way for the purpose of future acquisition of areas of scenic beauty
under the provisions of subsections A through D.

HISTORY: Code 1950, §§ 33-133, 33-133.1, 33-134; 1966, c. 470; 1968, c. 566;
1970, c. 322, §§ 33.1-217, 33.1-218, 33.1-219; 2014, c. 805.