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Virginia State Highway Right-of-Way Overview (3-VA-c)

Information current as of 2020
In Virginia, a utility (developer) may need a Districtwide Permit, Single Use Permit Utility Installations Permit, or Permit Agreement from the Virginia Department of Transportation (VDOT) to perform “work of any nature” on real property owned, controlled, or under the jurisdiction of VDOT. tit. 24 Va. Admin Code 30-151-20.

A “utility,” for purposes of state highway right-of-ways, is defined as a “privately, publically or cooperatively owned line, facility, or system for producing, transmitting, or distributing…electricity.” tit. 24 Va. Admin Code 30-151-10. Real property includes “the right-of-way of any highway in any highway in the state highways system.” tit. 24 Va. Admin Code 30-151-20. Work of any nature includes “any type of utility activity occurring within the right-of-way.” tit. 24 Va. Admin Code 30-151-30.

The VDOT regulates state highway right-of-ways pursuant to Va. Code Ann. § 33.2-210; Virginia – tit. 24 Va. Admin Code et seq., Transportation and Motor Vehicles.



State Highway Right-of-Way Overview Process


3-VA-c.1 – Contact Virginia Department of Transportation (VDOT)

Prior to initiating construction, a developer should contact VDOT to determine what permits and requirements are applicable. Generally, utilities may need Districtwide Permits, Single Use Utility Installations Permit, and/ or Permit Agreement. tit. 24 Va. Admin Code 30-151-30. Districtwide Permits allow the developer “to perform multiple occurrences of certain activities on a nonlimited access right-of-way without obtaining a single use permit for each occurrence.” tit. 24 Va. Admin Code 30-151-30. Single Use Utility Installations Permits allow the developer “to perform approved activities within limited access and non-limited access rights-of-way at a specific location.” tit. 24 Va. Admin Code 30-151-30(B).

3-VA-c.2 to 3-VA-c.3 – Does the Project Require Installation and Maintenance to Existing Main Line Facilities?

If a project requires a developer to “install and maintain service connections to…existing main line facilities” then the developer may need to obtain a Districtwide Permit prior to initiating construction. tit. 24 Va. Admin Code 30-151-30(C). For more information, see the following: Districtwide Permit:
3-VA-d

3-VA-c.4 to 3-VA-c.5 – Does the Project Require Installation of New Utility Facilities?

If a project requires installing new utilities on non-limited or limited access state maintained highways, then a developer may need a Single Use Utility Installations Permit from VDOT prior to initiating construction. Generally, a Single Use Utility Installations Permit is required for:

  • Utility service line that exceeds 500 feet;
  • Cutting highway pavement or shoulders, or both, to locate underground utilities;
  • Working within the highway travel lane on a nonemergency basis;
  • Installing electrical lines that exceed 34.5 kV;
  • Installing new poles, anchors, or parallel lines to existing utilities where such installation necessitates disturbance to the pavement, shoulder, or ditch line; and
  • Installing underground power service connections or laterals where the roadway or ditch lines are to be disturbed.

tit. 24 Va. Admin Code 30-151-30(C)(1)(b); Virginia – Virginia Department of Transportation Land Use Permit Frequently Asked Questions. For more information, see the following: Single Use Utility Installations Permit:
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3-VA-c.6 to 3-VA-c.8 – Does the Project Require Any New Longitudinal Occupancy or Perpendicular Crossing of a Limited Access Right-of-Way?

If the project requires any new longitudinal occupancy or perpendicular crossing of a limited access right-of-way, then the developer must enter into a Permit Agreement with VDOT prior to initiating construction. A “longitudinal installation” is defined as “any utility facility installed parallel to the centerline of the roadway or at a skew of less than 60 degrees to the roadway centerline.” tit. 24 Va. Admin Code 30-151-10. A “perpendicular crossing” is defined as “any utility facility that is installed across the roadway, perpendicular to the longitudinal axis of the roadway.” A “limited access highway” is a highway especially designed for through traffic over which abutters have no easement.” tit. 24 Va. Admin Code 30-151-10. All permit agreements must specify the terms and conditions required in conjunction with work performed within the right-of-way and payment information. tit. 24 Va. Admin Code 30-151-30.


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Edit Virginia Department of Transportation
Director Office of Land Use 804-786-0780 Visit Website

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