                                 CODE OF VIRGINIA

 RIGHT TO OCCUPY RIGHTS-OF-WAY; LOCATION OF RIGHTS-OF-WAY (§ 56-615)

A. Every renewable generator shall have authority to occupy and use the public
roads, works, turnpikes, streets, avenues, and alleys in any county, with the
consent of the board of supervisors or other governing authority thereof, or in
any incorporated city or town, with the consent of the council thereof, and the
waterways within the Commonwealth, with the consent of the Marine Resources
Commission, for the erection of distribution facilities. However, if the road or
street is in the primary state highway system or the secondary state highway
system, the consent of the board of supervisors or other governing authority of
any county shall not be necessary, provided that a permit for such occupation
and use is first obtained from the Department of Transportation. The use of any
road or street in the primary state highway system or secondary state highway
system that has been designated a limited access highway in accordance with
&#xA7; 33.2-401 shall not be permitted, unless the Department of Transportation
approves an exception in accordance with the then-current policy.

B. Neither a locality nor the Department of Transportation shall impose any fees
on a renewable generator for the use of public rights-of-way except in the
manner prescribed in &#xA7; 56-617.

C. Neither a locality nor the Department of Transportation shall impose on
renewable generators, whether by franchise, ordinance, or other means, any
restrictions or requirements concerning the use of the public rights-of-way that
are (i) unfair or unreasonable or (ii) any greater than those imposed on
providers of electric or natural gas utility service.

D. Notwithstanding any other provision of law, any permit or other permission
required by a locality pursuant to a franchise, ordinance, or other permission
to use the public rights-of-way or by the Department of Transportation of a
renewable generator to use the public rights-of-way shall be granted or denied
within 45 days from submission and, if denied, accompanied by a written
explanation of the reasons the permit was denied and the actions required to
cure the denial.

E. Neither a locality receiving directly or indirectly a public rights-of-way
use fee nor the Department of Transportation shall require a renewable generator
to provide in-kind services or physical assets as a condition of consent to use
public rights-of-way or easements, or in lieu of the public rights-of-way use
fee.

F. This chapter shall not affect the obligation of the Department of
Transportation to give notice, pursuant to &#xA7; 33.2-272, to localities when
it grants its permission for the construction, installation, location, or
placement of a landfill gas pipeline within any highway right-of-way.

HISTORY: 2009, c. 807, § 67-1101; 2013, cc. 585, 646; 2021, Sp. Sess. I, c.
387.