                                 CODE OF VIRGINIA

REQUIREMENTS FOR TAKING NEW STREETS INTO SECONDARY STATE HIGHWAY SYSTEM (§
33.2-334)

A. The governing body of any county that has not withdrawn from the secondary
state highway system or any town within which the Department maintains the
streets may, by resolution, request the Board to take any new street or highway
into the secondary state highway system for maintenance if such street or
highway has been developed and constructed in accordance with the Board&#8217;s
secondary street acceptance requirements. The Board shall adopt regulations
establishing such secondary street acceptance requirements, which shall include
such provisions as the Board deems necessary or appropriate to achieve the safe
and efficient operation of the Commonwealth&#8217;s transportation network.

B. In addition to such other provisions deemed necessary or appropriate by the
Board, the regulations shall include (i) requirements to ensure the connectivity
of highway and pedestrian networks with the existing and future transportation
network, provided that such provisions shall include flexibility to limit the
number of connections to adjacent property or highway networks as deemed
appropriate; (ii) provisions to minimize stormwater runoff and impervious
surface area; and (iii) provisions for performance bonding of new secondary
highways and associated cost recovery fees.

C. No initial regulation establishing secondary street acceptance requirements
pursuant to this section shall apply to subdivision plats and subdivision
construction plans that have been submitted and accepted for review by the
Department on or before the effective date of such initial regulations. No
locality shall be obligated to approve any subdivision plat or subdivision
construction plans that are inconsistent with these regulations.

D. Nothing in this section or in any regulation, policy, or practice adopted
pursuant to this section shall prevent the acceptance of any street or segment
of a street within a network addition that meets one or more of the public
service requirements addressed in the regulations, provided that the network
addition satisfies all other requirements adopted pursuant to this section. In
cases where a majority of the lots along the street or street segment remain
undeveloped and construction traffic is expected to utilize that street or
street segment after acceptance, the bonding requirement for such street or
street segment may be required by the Department to be extended for up to one
year beyond that required in the secondary street acceptance requirements.

HISTORY: 2007, c. 382, § 33.1-70.3; 2010, c. 401; 2014, c. 805; 2022, c. 425.