                                 CODE OF VIRGINIA

ISSUANCE OF PERMITS TO PERFORM CONSTRUCTION OR REPAIR WORK WITHIN RIGHT-OF-WAY
LINES OF PUBLIC ROADWAYS (§ 46.2-1303)

The governing body of any county, city, or town having jurisdiction over and
responsibility for the construction and maintenance of public roadways within
its boundaries may by ordinance authorize an officer or agency of such political
subdivision to issue a permit prior to the performance by any person, firm,
partnership or corporation of construction and repair work within the
right-of-way lines of any public highways under the jurisdiction of the
political subdivision. Such authority, however, shall not extend to any railroad
crossings or to any highways under the jurisdiction of the Virginia Department
of Transportation. Such ordinance may provide that:

1. No person, firm, partnership or corporation shall enter into any repair,
alteration, construction, or reconstruction of any type whatever, other than
emergency repairs to or maintenance of public utility facilities within the
right-of-way lines of any public highway without first having obtained a permit
for such work from the agency or officer designated by such ordinance.

2. Such permit may require the notification of all emergency services likely to
be affected by such repair, alteration, construction or reconstruction; the
types of traffic control devices necessary to properly warn the motoring public
and provide for reinspection by the appropriate authority from time to time and
at the conclusion of such repair, alteration, construction, or reconstruction.

3. The owner or owners of any such firm, partnership or corporation shall be
subject to arrest for a violation of this section or his representative on the
site, if the owner is not present.

4. The person, firm, partnership, or corporation requesting such permit shall be
responsible for furnishing and maintaining the required traffic control devices
in accord with the Virginia Manual of Uniform Traffic Control Devices for
Streets and Highways.

5. The penalty for violation of such ordinance shall be a fine of not less than
$25 nor more than $100 for the first offense and not less than $100 nor more
than $500 for the second and subsequent offenses.

HISTORY: 1972, c. 105, § 46.1-180.3; 1989, c. 727.