State Codes and Statutes
Statutes > Virginia > Title-33-1 > Chapter-1 > 33-1-70-2§ 33.1-70.2. Emergency paving of unpaved secondary roads; notice and publichearing required.
In the event of an emergency, no unpaved road within the secondary system ofhighways shall be paved unless the following procedures are satisfied:
1. The Commonwealth Transportation Commissioner shall provide notice of suchintended paving to the governing body of the jurisdiction wherein theaffected highway or portion thereof is located. The Commissioner shallprovide such notice following his decision to pave the unpaved secondary roadwithin the jurisdiction affected.
2. The local governing body shall hold a public hearing concerning theproposed emergency paving, and all plans to pave the affected secondaryhighway shall be suspended until after the public hearing is held. Suchhearing shall be conducted jointly by representatives of the local governingbody and a representative of the Department of Transportation. The localgoverning body's recommendation regarding the proposed paving shall then beforwarded to the Commissioner within thirty days following the receipt of theCommissioner's notice.
3. The Commissioner shall consider the following factors in determiningwhether the unpaved secondary road, as the result of an emergency, shall bepaved: (i) the safety of the secondary highway in its current condition; (ii)the feasibility of restoring the unpaved highway to its functional levelprior to the emergency; (iii) the concerns of the citizens in thejurisdiction wherein the affected highway is located, particularly thosepersons who own land adjacent to such highway; (iv) the concerns of the localgoverning body of the jurisdiction affected; and (v) the historical andaesthetic significance of the unpaved secondary highway and its surroundings.
(1996, c. 923.)
