                                 CODE OF VIRGINIA

EMERGENCY PAVING OF UNPAVED SECONDARY HIGHWAYS; NOTICE AND LOCAL CONCURRENCE (§
33.2-333)

In the event of an emergency, an unpaved highway within the secondary state
highway system shall be paved only if the following procedures are satisfied:

1. The Commissioner of Highways shall consider the following factors in
determining whether the unpaved secondary highway, as the result of an
emergency, shall be paved: (i) the safety of the secondary highway in its
current condition; (ii) the feasibility of restoring the unpaved highway to its
functional level prior to the emergency; (iii) the concerns of the citizens in
the locality wherein the affected highway is located, particularly those persons
who own land adjacent to such highway; (iv) the concerns of the governing body
of the locality affected; and (v) the historical and aesthetic significance of
the unpaved secondary highway and its surroundings.

2. The Commissioner of Highways shall provide notice of the intended paving to
the governing body of the locality where the affected highway or portion thereof
is located. The Commissioner shall provide such notice following his decision to
pave the unpaved secondary highway within the locality affected.

3. The local governing body&#8217;s concurrence or other recommendation
regarding the proposed paving shall be forwarded to the Commissioner of Highways
within 72 hours following the receipt of the Commissioner&#8217;s notice.

HISTORY: 1996, c. 923, § 33.1-70.2; 2011, c. 400; 2014, c. 805.