A. As used in this section:
"Department" means the Virginia Department of Transportation.
"Developer" means a person who undertakes to develop real estate.
"Social welfare organization" means an organization as defined in § 501(c)(4) of the Internal Revenue Code.
B. No land use permit shall be issued by the Department to any company other than a public service company as defined in § 56-76, a company owning or operating an interstate natural gas pipeline, a social welfare organization operating a wholesale open-access fiber network, or a franchised cable television systems operator owning or operating a utility line as defined in § 56-265.15, unless such company, organization, or operator has (i) registered as an operator with the appropriate notification center as defined by § 56-265.15 and (ii) notified the commercial and residential developer, owner of commercial, multifamily, or residential real estate, or local government entities with a property interest in any parcel of land located adjacent to the property over which the land use is being requested that application for the permit has been made. Any permit application approved by the Department shall include an affidavit indicating compliance with the registration and notification requirements provided by this subsection.
C. The provisions of subsection B shall not apply to a land use permit issued by the Department to (i) a person providing utility service solely for his own agricultural or residential use, provided that the utilities are located on property owned by the person, or (ii) the owner of a private residence or business for water or sewer service to cross the Department's right-of-way when no viable alternative exists to provide potable water or to transfer sewer effluent to a qualified drain field. In the case of any application for a land use permit under this subsection, the utilities shall be marked in accord with requirements established by the Department.
D. No performance surety held by the Department in association with a land use permit issued to a company pursuant to subsection B to perform work within the Department's right-of-way shall be released until such time as all claims against the company associated with the work have been resolved, provided a claimant has notified the Department of a claim against such company within 30 days after completion of the work. A claimant shall have no more than one year after the notification is received by the Department to complete any action against the company associated with the work for which the claim has been made. After the expiration of the one-year period, the Department may release the performance surety.
E. Nothing in this section shall be construed or interpreted to create a cause of action or administrative claim against the Department.
2003, c. 330; 2004, c. 636; 2014, c. 277; 2018, c. 270; 2020, cc. 1026, 1027.
Structure Code of Virginia
Title 2.2 - Administration of Government
Chapter 11 - Department of General Services
§ 2.2-1100. Creation of Department; appointment of Director; duties
§ 2.2-1101. Creation of internal service fund accounts
§ 2.2-1102. Additional powers of Department
§ 2.2-1103. Division of Consolidated Laboratory Services
§ 2.2-1104. Laboratory, testing, and analytical functions
§ 2.2-1105. Environmental laboratory certification program
§ 2.2-1106. Consolidation of other laboratories
§ 2.2-1107. Disposal of certain hazardous materials
§ 2.2-1108. Disposal of certain other property
§ 2.2-1109. Division of Purchases and Supply established
§ 2.2-1110. Using agencies to purchase through Division of Purchases and Supply; exception
§ 2.2-1112. Standardization of materials, equipment and supplies
§ 2.2-1113. Printing management coordination; uniform standards for state forms
§ 2.2-1114. Regulations as to estimates and requisitions; submission of estimates
§ 2.2-1115. Execution of contracts; payment for purchases; violations
§ 2.2-1115.1. Standard vendor accounting information
§ 2.2-1116. Purchase of products and services of state correctional facilities
§ 2.2-1117. Purchases from Department for the Blind and Vision Impaired; violation
§ 2.2-1119. Cases in which purchasing through Division not mandatory
§ 2.2-1123. Acquisition of surplus materials from the United States government
§ 2.2-1124. Disposition of surplus materials
§ 2.2-1125. Proceeds from the sale or recycling of surplus materials
§ 2.2-1128. Sale of state flag
§ 2.2-1129. Division of Engineering and Buildings
§ 2.2-1131. Maintenance and utilization standards
§ 2.2-1131.1. Establishment of performance standards for the use of property
§ 2.2-1133. Use of value engineering
§ 2.2-1135. Information on equipment utilizing wood wastes
§ 2.2-1137. Location, construction or lease of state consolidated office buildings
§ 2.2-1138. Planning and construction by Division; exemption
§ 2.2-1139. Transfer of funds; acceptance of donations
§ 2.2-1140. Assignment of office space
§ 2.2-1142. Furniture for Executive Mansion
§ 2.2-1143. Services for Capitol and other state facilities
§ 2.2-1144. Control of Capitol Square and other property at seat of government
§ 2.2-1147.1. Right to breast-feed
§ 2.2-1147.3. Baby changing facilities in restrooms located in public buildings
§ 2.2-1148. Approval of actions; conveyances in name of the Commonwealth
§ 2.2-1150.1. Lease or conveyance of any interest in State Police communication tower
§ 2.2-1150.3. Lease of state military reservation property
§ 2.2-1156. Sale or lease of surplus property and excess building space
§ 2.2-1157. Exploration for and extraction of minerals on state-owned uplands
§ 2.2-1158. Management, harvesting and sale of timber on lands under control of Division
§ 2.2-1161. Buildings not in conformance with standards for persons with physical disabilities
§ 2.2-1161.1. Code Adam alerts in public buildings
§ 2.2-1164. Standards for inspection of buildings for asbestos
§ 2.2-1167. Commonwealth immune from civil liability
§ 2.2-1168. Division of Support Services may be established
§ 2.2-1169. Mail handling, messenger and parcel service
§ 2.2-1170. Office equipment pool; repair
§ 2.2-1171. Printing and duplicating facilities
§ 2.2-1174. Vehicles assigned to the centralized fleet
§ 2.2-1175. Responsibilities of Director
§ 2.2-1176. Approval of purchase, lease, or contract rental of motor vehicle
§ 2.2-1176.1. Alternative Fuel Vehicle Conversion Fund established
§ 2.2-1177. Transfer of surplus motor vehicles
§ 2.2-1178. Use of passenger-type vehicles on an assigned basis
§ 2.2-1179. Use of vehicles for commuting
§ 2.2-1180. Guidance documents governing state-owned passenger-type vehicles