2014 Virginia Code
Title 33.1 - Highways, Bridges and Ferries
§ 33.1-198. (Repealed effective October 1, 2014) Connections over shoulders of highways for intersecting commercial establishment entrances

The Commissioner of Highways shall permit, at places where commercial establishment entrances are desired to intersect improved highways, suitable connections from such points of intersection over and across the shoulders and unimproved parts of such highways to the paved or otherwise improved parts thereof that comply with the Commissioner of Highways' access management standards for the location, spacing, and design of entrances, taking into account the operating characteristics and federal functional classification of the highway, so as to provide for the users of such entrances safe and convenient means of ingress and egress with motor vehicles to and from the paved or otherwise improved parts of such highways while minimizing the impact of such ingress and egress on the operation of such highways, provided, however, that any person desiring such an entrance shall:

1. Be required first to obtain a permit therefor from the Commissioner of Highways;

2. Provide the entrance at his expense;

3. If required by the Commissioner of Highways, provide for the joint use of the desired entrance with adjacent property owners or provide evidence of such efforts; and

4. Construct the entrance or have the entrance constructed, including such safety structures as are required by the Commissioner of Highways, pursuant to the Department of Transportation's design standards and "Land Use Permit Manual," the latter of which is filed as part of the Virginia Administrative Code.

All commercial entrances whether or not constructed under this section shall be maintained by the owner of the premises at all times in a manner satisfactory to the Commissioner of Highways.

Any person violating the provisions of this section shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $5 nor more than $100 for each offense. Following a conviction and 15 days for correction, each day during which the violation continues shall constitute a separate and distinct offense and be punishable as such. Such person shall be civilly liable to the Commonwealth for actual damage sustained by the Commonwealth by reason of his wrongful act.

Code 1950, § 33-116.1; 1956, c. 91; 1966, c. 378; 1970, c. 322; 2005, c. 645; 2007, cc. 863, 928.