No person, firm, or corporation shall pasture or graze, or cause to be pastured or grazed, or otherwise permit to be on any right-of-way of any highway in the systems of state highways, except as otherwise provided in this section, any livestock, unless such animal or animals be securely tied or held by chain or rope so as to prevent such animal from getting on the traveled portion of the highway, provided that this section shall not apply when such livestock are being driven along such highway while under the control of a responsible drover or drovers.
Nothing in this section shall prevent the owners of abutting parcels of land from grazing livestock unsecured by chain or rope on secondary roads that (i) have been taken into the system as gated roads and (ii) carry fewer than 50 vehicles per day.
On gated roads carrying 50 or more vehicles per day, the Department shall, upon the request of the local governing body and upon the recordation of a deed of gift or donation by such landowner of not less than a 40-foot right-of-way, reimburse abutting landowners a sum equal to $1 per foot of fencing that must be installed to keep cattle from entering the right-of-way from such abutting land. Where such fencing separates pasture land from a water source used by the owner of such pasture land to water his livestock, the Department shall construct or have constructed a means of access by which stock may reach the water source from the pasture land. Moneys for such fencing and construction of access to water shall be taken from highway construction funds. For purposes of this section, a "gated" road is a road on which, prior to July 1, 1986, abutting landowners have maintained a gate or cattle guard.
Any person, firm, or corporation who violates any of the provisions of this article shall be fined not less than $10 nor more than $50 for such offense.
Nothing in this section shall be construed to transfer the liability for injuries or property damage caused by such grazing livestock.
Code 1950, § 33-125; 1956, c. 221; 1970, c. 322, § 33.1-210; 1986, c. 367; 2014, c. 805.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
Chapter 2 - Transportation Entities
§ 33.2-200. Commonwealth Transportation Board; membership; terms; vacancies
§ 33.2-201. Appointment requirements; statewide interest
§ 33.2-203. Salaries and expenses
§ 33.2-205. Oaths and bonds of members
§ 33.2-207. Bookkeeping system
§ 33.2-208. Location of routes
§ 33.2-210. Traffic regulations; penalty
§ 33.2-211. Copies of regulations as evidence
§ 33.2-212. Sections not applicable to certain engines and tractors
§ 33.2-213. Naming highways, bridges, interchanges, and other transportation facilities
§ 33.2-214. Transportation; Six-Year Improvement Program
§ 33.2-214.1. Statewide prioritization process for project selection
§ 33.2-214.3. Transparency in project selection in Planning District 8
§ 33.2-214.4. Statewide prioritization for the Commonwealth Mass Transit Fund
§ 33.2-215. Policies and operation of Departments
§ 33.2-216. Roadside memorials; penalty
§ 33.2-217. Prohibition of certain weeds and plants on highway rights-of-way
§ 33.2-218. Fees for participating in the Integrated Directional Sign Program
§ 33.2-219. Statements to be filed with Commonwealth Transportation Board by transit systems
§ 33.2-221. Other powers, duties, and responsibilities
§ 33.2-222. Commissioner of Highways
§ 33.2-223. General powers of Commissioner of Highways
§ 33.2-224. Employees; delegation of responsibilities
§ 33.2-225. Liaison duties with other organizations
§ 33.2-226. Authority to lease or convey airspace
§ 33.2-227. Defense of employees
§ 33.2-228. Agreements between Commissioner of Highways and certain localities
§ 33.2-229. Furnishing information regarding right-of-way transactions
§ 33.2-230. Written notice of decision to dispose of real property
§ 33.2-231. Establish community service landscaping program
§ 33.2-233. Gathering and reporting of information and statistics
§ 33.2-234. Construction by state or local employees
§ 33.2-237. Directional signs for certain educational institutions
§ 33.2-239. Providing highway detours
§ 33.2-240. Connections over shoulders of highways for intersecting private roads
§ 33.2-242. Replacing entrances destroyed in the repair or construction of highways
§ 33.2-243. Paying for damages sustained to personal property by reason of work projects, etc.
§ 33.2-244. Removal of snow and ice from public highways by private entities
§ 33.2-245. Comprehensive highway access management standards
§ 33.2-246. Recreational waysides; regulations; penalties
§ 33.2-247. Wetlands mitigation banking
§ 33.2-248. Expenditure of funds for interstate bridges and approaches
§ 33.2-249. Maintenance and operation of bridges or tunnels on the city and state line
§ 33.2-250. Improving certain private roads and certain town streets and roads
§ 33.2-251. Installation and maintenance of "children at play" signs in counties and towns
§ 33.2-252. Tramways and railways along or across public highways; appeals
§ 33.2-253. Highway safety corridor program
§ 33.2-254. Erection and maintenance of newspaper route boxes
§ 33.2-255. Sale or lease of properties acquired for highway construction
§ 33.2-256. Department of Transportation established
§ 33.2-257.1. Notice to be provided to property owners of pending transportation projects
§ 33.2-258. Environmental permits for highway projects; timely review
§ 33.2-259. Maintain drainage easements
§ 33.2-260. Specifications in purchasing lubricating motor oil
§ 33.2-261. Value engineering required in certain projects
§ 33.2-263. School bus stop signs or other indicators
§ 33.2-264. Livestock on right-of-way of the systems of state highways
§ 33.2-265. Comprehensive roadside management program
§ 33.2-266. Intermittent closing of highways subject to flooding; permits; notice
§ 33.2-267.1. Human trafficking hotline; posted notice required
§ 33.2-269. Localities may use design-build contracts
§ 33.2-270. Provide for training of certain local employees
§ 33.2-271. Maintain property acquired for construction of transportation projects
§ 33.2-272.1. Interstate pipelines; Department of Transportation oversight
§ 33.2-273. Use of steel plates in connection with highway repairs
§ 33.2-274. Application and installation of traffic control measures
§ 33.2-274.1. Roadside safety devices to be equipped with identification numbers
§ 33.2-275. Periodic quantitative rating of certain highways
§ 33.2-275.1. Primary evacuation routes; public information
§ 33.2-276. Noise abatement practices and technologies
§ 33.2-277. Sale of materials to, and use of equipment by, localities and school boards
§ 33.2-278. Facilities for persons desiring to fish from bridges
§ 33.2-280. Treatment of highway surfaces for dust control
§ 33.2-280.1. Charging electronic toll collection device fees
§ 33.2-282. Department of Rail and Public Transportation created; appointment of Director
§ 33.2-283. Powers and duties of the Director of the Department of Rail and Public Transportation
§ 33.2-284. General powers of the Department of Rail and Public Transportation
§ 33.2-285. Responsibilities of Department of Rail and Public Transportation
§ 33.2-286. Urban transit agency strategic plans
§ 33.2-288. Declaration of public purpose; Virginia Passenger Rail Authority
§ 33.2-289. Board of Directors
§ 33.2-290. Executive Director; agents and employees
§ 33.2-291. Local authorities subordinate to Authority
§ 33.2-292. Powers of the Authority
§ 33.2-293. Acquisition, possession, and disposition of rail facilities; eminent domain
§ 33.2-295. Deposit and investment of funds
§ 33.2-296. Revenues of the Authority
§ 33.2-297. Moneys of Authority
§ 33.2-299. Recordkeeping; audits
§ 33.2-299.1. Exemption of Authority from personnel and procurement procedures
§ 33.2-299.2. Police powers; Authority rules and regulations
§ 33.2-299.3. Governmental function; exemption from taxation
§ 33.2-299.4. Cooperation with federal agencies
§ 33.2-299.5. Continuing responsibilities of the Transportation Board and the Department