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Petition Information
Petition Title 24VAC30121. Comprehensive Roadside Management Program
Date Filed 1/27/2010    [Transmittal Sheet]
Petitioner Proctor S. Harvey 
Petitioner's Request

Amend provisions of regulations as follows:  (i) in 24VAC 30-121-30, add new subsection C to allow VDOT District Adminstrator or designees to review issues arising from a permit application, and make recommendations and decisions for resolution; and (ii) in 24VAC30-121-40 D4 concerning location of acknowledgement signs, change criteria in subdivisions a, b, c, and d from 45 mph to 60 mph to allow for greater locations for gardens.

 
Agency's Plan

VDOT plans to review the proposal in conjunction with input received during the 21-day public comment period, and will render a decision within the 90-day period specified by law.

 
Comment Period Ended 3/22/2010
38 comments
Agency Decision Initiate a regulatory change [Transmittal Sheet]    
Response Date 9/14/2010
Agency Decision Summary

 

In its interim response to this petition published in The Virginia Register on July 5, 2010, VDOT deferred any decision while seeking comment from the Federal Highway Administration (FHWA) regarding the portion of the changes proposed to the regulation involving signage along the main traveled way and interchanges of non-controlled and controlled access primary and secondary highways, in addition to interstate interchanges. VDOT has considered Part (i) of the Petitioner’s proposal, which involves allowing VDOT District Administrators or designees to review issues arising from a permit application, and make recommendations and decisions for resolution.  VDOT has decided to reject implementation of Part (i) due to concerns that implementation would adversely affect consistency in how the regulation is applied on a statewide basis. Without some degree of standardization, the public could lose confidence that the regulations are being implemented fairly from district to district. VDOT has received input from the Federal Highway Administration (FHWA) concerning Part (ii) of this proposal, which involves signage along the main traveled way and interchanges of non-controlled and controlled access primary and secondary highways, in addition to interstate interchanges. VDOT concurs with the Petitioner that implementation of this part of the petition will make more sites eligible for location of gardens and enhance support for the program from potential donors while maintaining satisfactory safety parameters for travel.  Therefore, VDOT will proceed with a Fast-Track implementation of Part (ii) as soon as pending changes to the Comprehensive Roadside Management Program (CRMP) regulations have been made in conjunction with a previous Fast-Track action concerning new General Rules and Regulations of the Commonwealth Transportation Board, the adoption of which affected content of the CRMP.VDOT reserves the right to make additional regulatory changes not covered in the Petition as dictated by good business practices, the application of sound engineering principles, or to improve the usefulness of the regulations to the regulated parties, the public, and VDOT staff.
Estimated date for filing a NOIRA Not yet determined

Contact Information
Name / Title: M. Brian Waymack  / State Roadside Manager
Address: Maintenance Division, Va. Dept. of Transportation
1401 E. Broad St.
Richmond, 23219
Email Address: Brian.Waymack@VDOT.Virginia.gov
Telephone: (804)786-0967    FAX: (804)786-0628    TDD: ()-