Book Description

This report analyzes comprehensive highway access management programs and looks at the potential benefits and legal limits to Virginia adopting such a program to replace Virginia's rather limited site specific permitting process. In 1942, Virginia passed legislation defining the right of private homeowners and commercial establishments to make connections to state highways. Va. Code $33.1-197 (private entrances) and $33.1-198 (commercial entrances). The statutes established a permit process for commercial and private entrances to state highways, administered by VDOT in accordance with the Minimum Standards of Entrances to State Highways. However, the Minimum Standards do not establish a comprehensive access management plan for Virginia's highway systems and have been criticized for being too permissive. In 1980, CoIorado became the first state to enact a comprehensive highway access management code, with strict safety and traffic criteria for private accesses to public highways. Since that time, Florida and New Jersey have also adopted comprehensive programs. However, Virginia's access management process continues to be a case-by-case permit review process. This report considers the relative benefits of access management, analyzes the legal obstacles in Virginia for a comprehensive program and discusses options Virginia might consider. The report also includes an analysis of Virginia's legal and regulatory framework within which an access management program would operate and two alternative models for access management regulation to assist policy makers.