24VAC30-551-30: General criteria for the Tourist-Oriented Directional Signs (TODS) Program

A. TODS assemblies may only be installed within public right- of-way maintained by VDOT and will be excluded from any cities and towns of 5,000 or more population and Arlington County and Henrico County. VDOT will not acquire rights-of-way or easements, or otherwise enter into agreements for the purposes of installing TODS assemblies.

B. A facility will be eligible to participate as a TODS—Category I if it is open to the general public; a substantial portion of its products or services are of significant interest to tourists; it derives its major portion of income or visitors during the normal business season from road users not residing in the area of the facility, defined as within 15 miles; the facility falls within one of the acceptable TODS sites; and it meets the following criteria:

1. Is located within 15 miles of the intersection of a nonlimited access state primary system highway where the initial TODS panel is to be located at the nearest primary intersection along the selected route;

2. Has the name of the facility prominently displayed on the premises in such a manner that it is readily visible to motorists from the public highway on which the business is located;

3. Is open a minimum of six hours per day, five days per week during at least a 12-consecutive-week period each year, except this requirement shall not apply to certain facilities such as arenas, auditoriums, civic centers, farmer's markets, farm markets, wineries and flea markets;

4. Is in continuous operation at least six hours per day, five days per week during its normal season or the normal operating season for the type of business;

5. Is licensed and approved by the appropriate state or local agencies, or both, regulating the particular type of business or activity;

6. For camping businesses, meets Specific Travel Services (Logo) Signing Program criteria to be eligible for participation;

7. Complies with all applicable laws concerning the provision of public accommodations without regard to age, race, religion, color, sex, national origin, or accessibility by the physically handicapped;

8. Agrees to abide by all rules, regulations, policies, procedures and criteria associated with the program; and

9. Agrees that in any cases of dispute or other disagreement with the rules, regulations, policies, procedures and criteria or applications of the program, the decision of the State Traffic Engineer shall be final and binding.

C. In addition to the facilities listed as acceptable TODS sites, gas, food and lodging establishments may participate in the TODS Program as a TODS—Category II site provided they meet all of the TODS—Category I criteria with the exception that the following criteria apply:

1. Is located within three miles of the intersection of a nonlimited access state primary or secondary system highway where the initial TODS panel is to be located; and

2. Meets the Specific Travel Services (Logo) Signing Program—Category II criteria for its respective type of facility and agrees to be bumped in accordance with the bumping policy for a Category II facility.

D. The following table lists acceptable sites for TODS:

TODS PROGRAM ACCEPTABLE SITES

Category I

Cultural

Art/craft center

Gallery

Museum

Historic building

Historic cemetery

Historic site

Historic district

Recreational

Amphitheater

Amusement park

Aquarium

Arboretum

Arena

Auditorium

Boat landing/marina

Botanical garden

Campground

Camp

Civic center

Coliseum

Concert hall

Equestrian center

Fairground

Golf course

Natural attraction

Natural resource agency(1)

Pavilion

Race track

Park - national

Park - municipal

Park - privately owned

Park - regional

Park - theme

Ski resort

Stadium

Water-oriented business

Zoo

Retail Tourism

Agribusiness

Antique business

Auction house

Bed and breakfast

Brewery

Distillery

Farm market

Farmer's market

Flea market

Nursery/greenhouse

Regional retail facility

Restaurant(2)

Winery

Schools

Colleges & universities (main campus or satellite campus facilities)

Trails

DGIF Birding & Wildlife

Civil War

Virginia Wine

Others as approved by VDOT

Other

Conference center

Power plant

Research facility

(1) VDOT shall waive requirements and conditions of participation in the TODS Program as may be necessary to provide adequate signage for facilities maintained by the agencies within Virginia's Natural Resources Secretariat. The requirements and conditions that may be waived include, but are not limited to, (i) the required proximity of a facility to an initial sign structure and (ii) the limitation that signage be provided only at the nearest primary highway.

(2) Shall not be a franchise or part of a national chain. Food Category II can be a franchise or part of a national chain.

E. The following sites are excluded from participation in the TODS Program. The exclusion relates only to qualification under these categories. These facilities may participate if qualifying under another acceptable category.

TODS PROGRAM EXCLUDED SITES

Business/commercial

Adult entertainment facility

Funeral home

Industrial park or plant

Media facility

Movie theater

Office park

Radio station

Television station

Truck terminal

Governmental

Local jail

Local police/sheriff's office

Post office

Medical

Drug rehabilitation facility

Extended care facility

Fraternal home

Hospital

Humane facility

Infirmary

Mental facility

Nursing home

Retirement home

Sanitarium

Treatment center

Veterans facility

Miscellaneous

Animal shelter

Cemetery/columbarium

Mobile home park

Subdivision

Veterinary facility

Religious

Cathedral

Chapel

Church

Mosque

Shrine

Synagogue

Temple

Other religious sites