§ 33.1-223.2. Intermittent closing of roads subject to flooding; costs; application for permit; notice; issuance ...
A. Upon application of the board of directors of any soil and water conservation district and of the board of supervisors of the county wherein the road is located, the Department of Transportation is hereby authorized to permit the intermittent closing of any road located within the boundaries of such district and county whenever in its judgment it is necessary to do so and when the road will be intermittently subject to inundation by floodwaters retained by an approved watershed retention structure. All costs associated with such closing shall be borne by the board of supervisors of the county, including the costs of furnishing, erecting and removing the necessary signs, barricades, signals and lights to safeguard and direct traffic.
B. Before any permit may be issued for the temporary inundation and closing of such a road, an application for such permit shall be made to the Department of Transportation by the board of directors of the soil and water conservation district and the board of supervisors of the county wherein the road is located. The application shall specify the road involved and shall request that a permit be granted to the county to allow the intermittent closing of the road.
C. Before making such application, the board of supervisors of the county wherein such road is located shall give notice of the proposed action by publication once each week for two consecutive weeks in a newspaper of general circulation in the county, and such notice shall contain a description of the places of beginning and the places of ending of such intermittent closing. In addition to such publication, the board of supervisors of such county shall give notice to all public utilities having facilities located within the rights-of-way of any road being closed by mailing a copy of such notice to the office of each such public utility located within the county, or if no office is located within the county, then to the office of such utility located nearest to the county. Furthermore, no such application shall be accepted by the Department of Transportation which does not certify compliance by the applicants with the aforesaid requirements of publication and notice in the manner prescribed herein. All costs associated with the application procedure and notice to the public and to public utilities shall be borne by the board of supervisors of the county.
D. Not sooner than thirty days after the last publication and not sooner than thirty days after the mailing of such notice, the Department of Transportation may issue the permit with respect to such road. Nothing herein contained shall require the Department to issue such a permit when the Department, in its sole discretion, does not consider such intermittent closing of roads to be in the best interest of fulfilling the Department's duties to the traveling public.
(1976, c. 172.)
Sections: Previous 33.1-221.1:5 33.1-221.1:6 33.1-221.1:7 33.1-221.1:8 33.1-222 33.1-223 33.1-223.1 33.1-223.2 33.1-223.2:1 33.1-223.2:2 33.1-223.2:3 33.1-223.2:4 33.1-223.2:5 33.1-223.2:6 33.1-223.2:7 NextLast modified: April 3, 2009