In the event of an emergency, an unpaved highway within the secondary state highway system shall be paved only if the following procedures are satisfied:
1. The Commissioner of Highways shall consider the following factors in determining whether the unpaved secondary highway, as the result of an emergency, shall be paved: (i) the safety of the secondary highway in its current condition; (ii) the feasibility of restoring the unpaved highway to its functional level prior to the emergency; (iii) the concerns of the citizens in the locality wherein the affected highway is located, particularly those persons who own land adjacent to such highway; (iv) the concerns of the governing body of the locality affected; and (v) the historical and aesthetic significance of the unpaved secondary highway and its surroundings.
2. The Commissioner of Highways shall provide notice of the intended paving to the governing body of the locality where the affected highway or portion thereof is located. The Commissioner shall provide such notice following his decision to pave the unpaved secondary highway within the locality affected.
3. The local governing body's concurrence or other recommendation regarding the proposed paving shall be forwarded to the Commissioner of Highways within 72 hours following the receipt of the Commissioner's notice.
1996, c. 923, § 33.1-70.2; 2011, c. 400; 2014, c. 805.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
§ 33.2-301. Contracts for maintenance of components of Interstate System
§ 33.2-302. Funds for establishment and maintenance of Interstate System, generally
§ 33.2-303. Portions of Interstate System within cities and towns
§ 33.2-306. Applicability of §§ 33.2-300 through 33.2-305 to toll projects
§ 33.2-307. Relocation or removal of utility facilities within projects on Interstate System
§ 33.2-309. Tolls for use of Interstate System components
§ 33.2-310. Primary state highway system
§ 33.2-311. Certain highways in parks included in primary state highway system
§ 33.2-312. Maintenance of highways, bridges, and toll facilities within state parks
§ 33.2-313. Maintenance of highways at state institutions
§ 33.2-316. Primary state highway system map
§ 33.2-317. Establishment, construction, and maintenance exclusively by Commonwealth; funds
§ 33.2-318. Bypasses through or around cities and towns
§ 33.2-319. Payments to cities and certain towns for maintenance of certain highways
§ 33.2-322. Counties may perform certain maintenance
§ 33.2-323. Approval of markings and traffic lights erected by towns
§ 33.2-324. Secondary state highway system; composition
§ 33.2-325. Certain school roads in secondary state highway system
§ 33.2-326. Control, supervision, and management of secondary state highway system components
§ 33.2-327. Design standards for secondary state highway system components
§ 33.2-328. Department of Transportation to install and maintain certain signs
§ 33.2-333. Emergency paving of unpaved secondary highways; notice and local concurrence
§ 33.2-334. Requirements for taking new streets into secondary state highway system
§ 33.2-335. Taking certain streets into secondary state highway system
§ 33.2-336. Funds allocated to counties for Rural Addition Program; street standards
§ 33.2-337. Contributions to primary or secondary state highway construction by counties
§ 33.2-338. Construction and improvement of primary or secondary highways by counties
§ 33.2-339. Maintenance, etc., of streets and highways in certain towns from secondary funds
§ 33.2-340. Maintenance, etc., by Commissioner of Highways when no request for allocation
§ 33.2-341. Maps of secondary state highway system
§ 33.2-342. Resumption of responsibility for secondary state highways by counties
§ 33.2-343. Return after withdrawal from secondary state highway system
§ 33.2-344. Election to determine return to the secondary state highway system
§ 33.2-345. Effect of election to determine return to the secondary state highway system
§ 33.2-346. Machinery, etc., owned by returning county
§ 33.2-347. Minimum street and highway standards for certain towns
§ 33.2-349. Character of signs, markings, and signals
§ 33.2-350. Landscape studies for urban highway construction projects
§ 33.2-351. Definition of "allocation."
§ 33.2-352. Asset management practices; report
§ 33.2-353. Commonwealth Transportation Board to develop and update Statewide Transportation Plan
§ 33.2-354. Commonwealth Transportation Board to develop and update Statewide Pedestrian Policy
§ 33.2-355. Goals for addressing transportation needs of populations with limited mobility
§ 33.2-356. Funding for extraordinary repairs
§ 33.2-357. Revenue-sharing funds for systems in certain localities
§ 33.2-358. Allocation of funds to programs
§ 33.2-359. Unpaved secondary highway funds
§ 33.2-360. Allocation of funds for interstate match
§ 33.2-363. Construction of U.S. Route 29 bypass
§ 33.2-367. Highway aid to mass transit
§ 33.2-368. Financial plans for transportation construction projects
§ 33.2-369. State of good repair
§ 33.2-370. High-priority projects program
§ 33.2-371. Highway construction district grant programs
§ 33.2-372. Interstate Operations and Enhancement Program