24VAC30-151-390: In-place and prior-rights permits

A. Prior to VDOT's acceptance of a secondary street into the VDOT system, the utility owner shall quitclaim all prior rights within the right-of-way to the Commonwealth in exchange for an in-place permit allowing the permittee's utility facilities to continue to occupy such street in the existing condition and location. The permittee shall be responsible for the utility facilities and resulting damages to persons and property that might result from the presence of the utility. Should VDOT later require the permittee to alter, change, adjust, or relocate the utility facilities subject to the in-place permit, the nonbetterment cost will be the responsibility of the Commonwealth and all other costs will be the responsibility of the permittee.

B. In cases where existing utilities are not in conflict with transportation improvements authorized under the auspices of a land use permit, but would be located beneath transportation facility features, a prior-rights permit may be issued that allows the existing utilities to remain in place.

C. Utilities without prior rights but located within the right-of-way of new subdivision streets shall obtain an in-place permit to occupy that portion of the right-of-way. Should VDOT later require the permittee to alter, change, adjust, or relocate any utility, the cost will be the responsibility of the permittee.