{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/33.2-110.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/33.2-110.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/33.2-110.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/33.2-110.html"}],"law_id":359785,"edition_id":2,"section_id":359785,"structure_id":51474,"section_number":"33.2-110","catch_line":"Gates across private roads; leaving gates open; gates across private roads leading to forestlands; penalties","history":"Code 1950, \u00a7\u00a7 33-119, 33-120, 33-120.1; 1952, c. 695; 1954, c. 457; 1970, c. 322, \u00a7\u00a7 33.1-202, 33.1-203, 33.1-204; 2014, c. 805; 2019, c. 542.","full_text":"A\n\nAny person owning land over which another or others have a private road or right-of-way may, except when it is otherwise provided by contract, erect and maintain gates across such roads or right-of-way at all points at which fences extend to such roads on each side thereof. A court of competent jurisdiction may, upon petition, require the landowner to make such changes as may be necessary and reasonable in the use of such roads for both the landowner and the petitioner. Nothing herein shall prohibit the replacement of a gate with a cattle guard as authorized in § 55.1-2809.\n\nB\n\nIf any person without permission of the owners of such gate or of the land on which the gate is located leaves the gate open, he is guilty of a Class 1 misdemeanor.\n\nC\n\nThe owners of forest and timberlands may substantially obstruct or close private and seldom used roads leading to or into such forest or timberlands from the public highways of the Commonwealth at points at or near which the private roads enter their property or forestlands; and, in all cases where any such private road is subject to an easement for travel for the benefit of other lands not regularly and continuously inhabited, the owner of such forest or timberlands may obstruct the road with a gate, chain, cable, or other removable obstruction, lock the obstruction, and after furnishing a key to the lock to the owner or owners of the land or lands to which the forestlands are servient, require those entitled to the easement to unlock and relock such obstruction upon making use of the road.\n\t\t\tThere shall be no penalty upon the owner of such forest or timberlands for failure to erect such obstructions, but if such obstruction is erected, any person without the permission of the owner who destroys, removes, or leaves the obstruction open or unlocked, in cases where the obstruction is locked by the owner and the keys are furnished as provided in this subsection, is guilty of a misdemeanor punishable by a fine of not less than $25 nor more than $500, provided that in all cases of forest fires upon the owner’s lands or those adjacent or near thereto, the expressed permission of the owner shall be deemed given to all persons aiding in extinguishing or preventing the spreading of the fire to remove the obstructions, including the breaking of locks.\n\n","order_by":null,"text":{"0":{"id":1338672,"text":"Any person owning land over which another or others have a private road or right-of-way may, except when it is otherwise provided by contract, erect and maintain gates across such roads or right-of-way at all points at which fences extend to such roads on each side thereof. A court of competent jurisdiction may, upon petition, require the landowner to make such changes as may be necessary and reasonable in the use of such roads for both the landowner and the petitioner. Nothing herein shall prohibit the replacement of a gate with a cattle guard as authorized in § 55.1-2809.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1338673,"text":"If any person without permission of the owners of such gate or of the land on which the gate is located leaves the gate open, he is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1338674,"text":"The owners of forest and timberlands may substantially obstruct or close private and seldom used roads leading to or into such forest or timberlands from the public highways of the Commonwealth at points at or near which the private roads enter their property or forestlands; and, in all cases where any such private road is subject to an easement for travel for the benefit of other lands not regularly and continuously inhabited, the owner of such forest or timberlands may obstruct the road with a gate, chain, cable, or other removable obstruction, lock the obstruction, and after furnishing a key to the lock to the owner or owners of the land or lands to which the forestlands are servient, require those entitled to the easement to unlock and relock such obstruction upon making use of the road.\n\t\t\tThere shall be no penalty upon the owner of such forest or timberlands for failure to erect such obstructions, but if such obstruction is erected, any person without the permission of the owner who destroys, removes, or leaves the obstruction open or unlocked, in cases where the obstruction is locked by the owner and the keys are furnished as provided in this subsection, is guilty of a misdemeanor punishable by a fine of not less than $25 nor more than $500, provided that in all cases of forest fires upon the owner’s lands or those adjacent or near thereto, the expressed permission of the owner shall be deemed given to all persons aiding in extinguishing or preventing the spreading of the fire to remove the obstructions, including the breaking of locks.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":51474,"edition_id":2,"name":"Definitions and General Provisions","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":51473,"metadata":{"child_laws":21,"child_structures":0},"date_created":"2026-08-02 02:42:40","date_modified":"2026-08-02 12:32:29","permalink":{"id":1431791,"object_type":"structure","relational_id":51474,"identifier":"1","token":"33.2\/I\/1","url":"\/33.2\/I\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51473,"edition_id":2,"name":"General Provisions and Transportation Entities","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":51472,"metadata":{"child_laws":141,"child_structures":8},"date_created":"2026-08-02 02:42:40","date_modified":"2026-08-02 12:32:29","permalink":{"id":1431789,"object_type":"structure","relational_id":51473,"identifier":"I","token":"33.2\/I","url":"\/33.2\/I\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51472,"edition_id":2,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":77,"parent_id":null,"metadata":{"child_laws":749,"child_structures":88},"date_created":"2026-08-02 02:42:40","date_modified":"2026-08-02 12:32:28","permalink":{"id":1431787,"object_type":"structure","relational_id":51472,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":359738,"structure_id":51474,"section_number":"33.2-100","catch_line":"Definitions","url":"\/33.2-100\/","token":"33.2\/I\/1\/33.2-100","metadata":false},{"id":359749,"structure_id":51474,"section_number":"33.2-101","catch_line":"Governor to waive certain state statutory mandates and regulations to expedite certain highway construction projects","url":"\/33.2-101\/","token":"33.2\/I\/1\/33.2-101","metadata":false},{"id":359760,"structure_id":51474,"section_number":"33.2-102","catch_line":"Authority of cities and towns and certain counties in connection with federal aid","url":"\/33.2-102\/","token":"33.2\/I\/1\/33.2-102","metadata":false},{"id":359773,"structure_id":51474,"section_number":"33.2-103","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/33.2-103\/","token":"33.2\/I\/1\/33.2-103","metadata":false},{"id":359779,"structure_id":51474,"section_number":"33.2-104","catch_line":"English units of measure","url":"\/33.2-104\/","token":"33.2\/I\/1\/33.2-104","metadata":false},{"id":359780,"structure_id":51474,"section_number":"33.2-105","catch_line":"Evidence as to existence of a public highway","url":"\/33.2-105\/","token":"33.2\/I\/1\/33.2-105","metadata":false},{"id":359781,"structure_id":51474,"section_number":"33.2-106","catch_line":"Secretary of Transportation to submit annual report on actions taken to increase transit use, etc","url":"\/33.2-106\/","token":"33.2\/I\/1\/33.2-106","metadata":false},{"id":359782,"structure_id":51474,"section_number":"33.2-107","catch_line":"Secretary of Transportation to conduct periodic examination of process","url":"\/33.2-107\/","token":"33.2\/I\/1\/33.2-107","metadata":false},{"id":359783,"structure_id":51474,"section_number":"33.2-108","catch_line":" Public hearings prior to undertaking projects requested by institutions of higher education","url":"\/33.2-108\/","token":"33.2\/I\/1\/33.2-108","metadata":false},{"id":359784,"structure_id":51474,"section_number":"33.2-109","catch_line":"Policy of the Commonwealth regarding use of highways by motorcycles; discrimination by political subdivisions prohibited","url":"\/33.2-109\/","token":"33.2\/I\/1\/33.2-109","metadata":false},{"id":359785,"structure_id":51474,"section_number":"33.2-110","catch_line":"Gates across private roads; leaving gates open; gates across private roads leading to forestlands; penalties","url":"\/33.2-110\/","token":"33.2\/I\/1\/33.2-110","metadata":false},{"id":359796,"structure_id":51474,"section_number":"33.2-111","catch_line":"Funding and undertaking of pedestrian or bicycle projects apart from highway projects not prohibited","url":"\/33.2-111\/","token":"33.2\/I\/1\/33.2-111","metadata":false},{"id":359800,"structure_id":51474,"section_number":"33.2-112","catch_line":"Sidewalks and walkways for pedestrian traffic","url":"\/33.2-112\/","token":"33.2\/I\/1\/33.2-112","metadata":false},{"id":359801,"structure_id":51474,"section_number":"33.2-113","catch_line":"Contributions by cities or towns towards highway building, bridges, etc","url":"\/33.2-113\/","token":"33.2\/I\/1\/33.2-113","metadata":false},{"id":359802,"structure_id":51474,"section_number":"33.2-114","catch_line":"Virginia Aviation Board and Virginia Port Authority powers","url":"\/33.2-114\/","token":"33.2\/I\/1\/33.2-114","metadata":false},{"id":359803,"structure_id":51474,"section_number":"33.2-115","catch_line":"Department to establish smart transportation pilot zone","url":"\/33.2-115\/","token":"33.2\/I\/1\/33.2-115","metadata":false},{"id":359804,"structure_id":51474,"section_number":"33.2-116","catch_line":"Statewide transportation technology programs to incorporate new technologies and innovations in transportation","url":"\/33.2-116\/","token":"33.2\/I\/1\/33.2-116","metadata":false},{"id":359805,"structure_id":51474,"section_number":"33.2-117","catch_line":"Statutes declaring streams and rivers to be highways continued","url":"\/33.2-117\/","token":"33.2\/I\/1\/33.2-117","metadata":false},{"id":359806,"structure_id":51474,"section_number":"33.2-118","catch_line":"Mobile food vending in commuter lots in Planning District 8","url":"\/33.2-118\/","token":"33.2\/I\/1\/33.2-118","metadata":{"court_decisions":""}},{"id":359807,"structure_id":51474,"section_number":"33.2-119","catch_line":"Limitation on tolling","url":"\/33.2-119\/","token":"33.2\/I\/1\/33.2-119","metadata":false},{"id":359808,"structure_id":51474,"section_number":"33.2-120","catch_line":" Efforts to increase CAFE standards","url":"\/33.2-120\/","token":"33.2\/I\/1\/33.2-120","metadata":false}],"previous_section":{"id":359784,"structure_id":51474,"section_number":"33.2-109","catch_line":"Policy of the Commonwealth regarding use of highways by motorcycles; discrimination by political subdivisions prohibited","url":"\/33.2-109\/","token":"33.2\/I\/1\/33.2-109","metadata":false},"next_section":{"id":359796,"structure_id":51474,"section_number":"33.2-111","catch_line":"Funding and undertaking of pedestrian or bicycle projects apart from highway projects not prohibited","url":"\/33.2-111\/","token":"33.2\/I\/1\/33.2-111","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-110\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 695; in 1954, chapter 457; in 1970, chapter 322; in 2014, chapter 805<\/a>; in 2019, chapter 542<\/a>.<\/p>","references":false,"refers_to":[{"id":369797,"section_number":"55.1-2809","catch_line":"Persons having easement may replace gate with cattle guard; maintenance and use thereof; deemed lawful gate","order_by":null,"url":"\/55.1-2809\/"}],"permalink":{"id":1431833,"object_type":"law","relational_id":359785,"identifier":"33.2-110","token":"33.2\/I\/1\/33.2-110","url":"\/33.2-110\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/33.2-110\/","token":"33.2\/I\/1\/33.2-110","dublin_core":{"Title":"Gates across private roads; leaving gates open; gates across private roads leading to forestlands; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-110","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person owning land over which another or others have a private road or right-of-way may, except when it is otherwise provided by contract<\/span>, erect and maintain gates across such roads or right-of-way at all points at which fences extend to such roads on each side thereof. A court<\/span> of competent jurisdiction<\/span> may, upon petition<\/span>, require the landowner to make such changes as may be necessary and reasonable in the use of such roads for both the landowner and the petitioner. Nothing herein shall prohibit the replacement of a gate with a cattle guard as authorized in § 55.1-2809<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If any person without permission of the owners of such gate or of the land on which the gate is located leaves the gate open, he is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The owners of forest and timberlands may substantially obstruct or close private and seldom used roads leading to or into such forest or timberlands from the public highways<\/span> of the Commonwealth at points at or near which the private roads enter their property or forestlands; and, in all cases where any such private road is subject to an easement for travel for the benefit of other lands not regularly and continuously inhabited, the owner of such forest or timberlands may obstruct the road with a gate, chain, cable, or other removable obstruction, lock the obstruction, and after furnishing a key to the lock to the owner or owners of the land or lands to which the forestlands are servient, require those entitled to the easement to unlock and relock such obstruction upon making use of the road.\n\t\t\tThere shall be no penalty<\/span> upon the owner of such forest or timberlands for failure to erect such obstructions, but if such obstruction is erected, any person without the permission of the owner who destroys, removes, or leaves the obstruction open or unlocked, in cases where the obstruction is locked by the owner and the keys are furnished as provided in this subsection, is guilty of a misdemeanor<\/span> punishable by a fine of not less than $25 nor more than $500, provided that in all cases of forest fires upon the owner’s lands or those adjacent or near thereto, the expressed permission of the owner shall be deemed given to all persons aiding in extinguishing or preventing the spreading of the fire to remove the obstructions, including the breaking of locks. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGATES ACROSS PRIVATE ROADS; LEAVING GATES OPEN; GATES ACROSS PRIVATE ROADS\nLEADING TO FORESTLANDS; PENALTIES (\u00a7 33.2-110)\n\nA. Any person owning land over which another or others have a private road or\nright-of-way may, except when it is otherwise provided by contract, erect and\nmaintain gates across such roads or right-of-way at all points at which fences\nextend to such roads on each side thereof. A court of competent jurisdiction\nmay, upon petition, require the landowner to make such changes as may be\nnecessary and reasonable in the use of such roads for both the landowner and the\npetitioner. Nothing herein shall prohibit the replacement of a gate with a\ncattle guard as authorized in § 55.1-2809.\n\nB. If any person without permission of the owners of such gate or of the land on\nwhich the gate is located leaves the gate open, he is guilty of a Class 1\nmisdemeanor.\n\nC. The owners of forest and timberlands may substantially obstruct or close\nprivate and seldom used roads leading to or into such forest or timberlands from\nthe public highways of the Commonwealth at points at or near which the private\nroads enter their property or forestlands; and, in all cases where any such\nprivate road is subject to an easement for travel for the benefit of other lands\nnot regularly and continuously inhabited, the owner of such forest or\ntimberlands may obstruct the road with a gate, chain, cable, or other removable\nobstruction, lock the obstruction, and after furnishing a key to the lock to the\nowner or owners of the land or lands to which the forestlands are servient,\nrequire those entitled to the easement to unlock and relock such obstruction\nupon making use of the road.\n\t\t\tThere shall be no penalty upon the owner of such forest or timberlands for\nfailure to erect such obstructions, but if such obstruction is erected, any\nperson without the permission of the owner who destroys, removes, or leaves the\nobstruction open or unlocked, in cases where the obstruction is locked by the\nowner and the keys are furnished as provided in this subsection, is guilty of a\nmisdemeanor punishable by a fine of not less than $25 nor more than $500,\nprovided that in all cases of forest fires upon the owner’s lands or those\nadjacent or near thereto, the expressed permission of the owner shall be deemed\ngiven to all persons aiding in extinguishing or preventing the spreading of the\nfire to remove the obstructions, including the breaking of locks.\n\nHISTORY: Code 1950, \u00a7\u00a7 33-119, 33-120, 33-120.1; 1952, c. 695; 1954, c. 457;\n1970, c. 322, \u00a7\u00a7 33.1-202, 33.1-203, 33.1-204; 2014, c. 805; 2019, c. 542.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}