CODE OF VIRGINIA

REQUESTING DEPARTMENT OF TRANSPORTATION TO HARD-SURFACE SECONDARY HIGHWAYS;
PAVING OF CERTAIN SECONDARY HIGHWAYS WITHIN EXISTING RIGHTS-OF-WAY; DESIGNATION
AS RURAL RUSTIC ROAD (§ 33.2-332)

A. Whenever the governing body of any county, after consultation with personnel
of the Department, adopts a resolution requesting the Department to hard-surface
any secondary highway in such county that carries 50 or more vehicles per day
with a hard surface of width and strength adequate for such traffic volume, the
Department shall give consideration to such resolution in establishing priority
in expending the funds allocated to such county. The Department shall consider
the paving of highways with a right-of-way width of less than 40 feet under this
subsection when land is, has been, or can be acquired by gift for the purpose of
constructing a hard-surface highway.

B. Notwithstanding the provisions of subsection A, any unpaved secondary highway
that carries at least 50 but no more than 750 vehicles per day may be paved or
improved and paved within its existing right-of-way or within a wider
right-of-way that is less than 40 feet wide if the following conditions are met:

   1.  The governing body of the county in which the highway is located has
   requested paving of such highway as part of the six-year plan for the county
   under § 33.2-331 and transmitted that request to the Commissioner of
   Highways; and

   2.  The Commissioner of Highways, after having considered only (i) the safety
   of such highway in its current condition and in its paved or improved
   condition, including the desirability of reduced speed limits and installation
   of other warning signs or devices; (ii) the views of the residents and owners
   of property adjacent to or served by such highway; (iii) the views of the
   local governing body making the request; (iv) the historical and aesthetic
   significance of such highway and its surroundings; (v) the availability of any
   additional land that has been or may be acquired by gift or other means for
   the purpose of paving such highway within its existing right-of-way or within
   a wider right-of-way that is less than 40 feet wide; and (vi) environmental
   considerations, shall grant or deny the request for the paving of such highway
   under this subsection.

C. Notwithstanding the provisions of subsections A and B, the governing body of
any county, in consultation with the Department, may designate a highway or
highway segment as a Rural Rustic Road, provided such highway or highway segment
is located in a low-density development area and has an average daily traffic
volume of no more than 1,500 vehicles per day. For a highway or highway segment
so designated, improvements shall utilize a paved surface width based on reduced
and flexible standards that leave trees, vegetation, side slopes, and open
drainage abutting the highway undisturbed to the maximum extent possible without
compromising public safety. Any highway designated as a Rural Rustic Road shall
be subject to § 62.1-44.15:34. The Department, in consultation with the
affected local governing body, shall first consider the paving of a highway or
highway segment meeting the criteria for a Rural Rustic Road in accordance with
this subsection before making a decision to pave it to another standard as set
forth in this section.

D. The Commonwealth and its agencies, instrumentalities, departments, officers,
and employees acting within the scope of their duties and authority shall be
immune for damages by reason of actions taken in conformity with the provisions
of this section. Immunity for the local governing body of any political
subdivision requesting paving under this section and the officers and employees
of any such political subdivision shall be limited to that immunity provided
pursuant to § 15.2-1405.

HISTORY: 1973, c. 360, § 33.1-70.1; 1977, c. 578; 1985, c. 440; 1997, cc. 715,
729; 1999, cc. 306, 320; 2001, cc. 355, 366; 2002, c. 414; 2003, c. 599; 2006,
c. 546; 2008, c. 195; 2011, c. 400; 2013, cc. 756, 793; 2014, c. 805.