{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/33.2-264.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/33.2-264.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/33.2-264.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/33.2-264.html"}],"law_id":360148,"edition_id":2,"section_id":360148,"structure_id":51524,"section_number":"33.2-264","catch_line":"Livestock on right-of-way of the systems of state highways","history":"Code 1950, \u00a7 33-125; 1956, c. 221; 1970, c. 322, \u00a7 33.1-210; 1986, c. 367; 2014, c. 805.","full_text":"No person, firm, or corporation shall pasture or graze, or cause to be pastured or grazed, or otherwise permit to be on any right-of-way of any highway in the systems of state highways, except as otherwise provided in this section, any livestock, unless such animal or animals be securely tied or held by chain or rope so as to prevent such animal from getting on the traveled portion of the highway, provided that this section shall not apply when such livestock are being driven along such highway while under the control of a responsible drover or drovers.\n\nNothing in this section shall prevent the owners of abutting parcels of land from grazing livestock unsecured by chain or rope on secondary roads that (i) have been taken into the system as gated roads and (ii) carry fewer than 50 vehicles per day.\n\nOn gated roads carrying 50 or more vehicles per day, the Department shall, upon the request of the local governing body and upon the recordation of a deed of gift or donation by such landowner of not less than a 40-foot right-of-way, reimburse abutting landowners a sum equal to $1 per foot of fencing that must be installed to keep cattle from entering the right-of-way from such abutting land. Where such fencing separates pasture land from a water source used by the owner of such pasture land to water his livestock, the Department shall construct or have constructed a means of access by which stock may reach the water source from the pasture land. Moneys for such fencing and construction of access to water shall be taken from highway construction funds. For purposes of this section, a “gated” road is a road on which, prior to July 1, 1986, abutting landowners have maintained a gate or cattle guard.\n\nAny person, firm, or corporation who violates any of the provisions of this article shall be fined not less than $10 nor more than $50 for such offense.\n\nNothing in this section shall be construed to transfer the liability for injuries or property damage caused by such grazing livestock.\n\n","order_by":null,"text":{"0":{"id":1339935,"text":"No person, firm, or corporation shall pasture or graze, or cause to be pastured or grazed, or otherwise permit to be on any right-of-way of any highway in the systems of state highways, except as otherwise provided in this section, any livestock, unless such animal or animals be securely tied or held by chain or rope so as to prevent such animal from getting on the traveled portion of the highway, provided that this section shall not apply when such livestock are being driven along such highway while under the control of a responsible drover or drovers.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1339936,"text":"Nothing in this section shall prevent the owners of abutting parcels of land from grazing livestock unsecured by chain or rope on secondary roads that (i) have been taken into the system as gated roads and (ii) carry fewer than 50 vehicles per day.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1339937,"text":"On gated roads carrying 50 or more vehicles per day, the Department shall, upon the request of the local governing body and upon the recordation of a deed of gift or donation by such landowner of not less than a 40-foot right-of-way, reimburse abutting landowners a sum equal to $1 per foot of fencing that must be installed to keep cattle from entering the right-of-way from such abutting land. Where such fencing separates pasture land from a water source used by the owner of such pasture land to water his livestock, the Department shall construct or have constructed a means of access by which stock may reach the water source from the pasture land. Moneys for such fencing and construction of access to water shall be taken from highway construction funds. For purposes of this section, a “gated” road is a road on which, prior to July 1, 1986, abutting landowners have maintained a gate or cattle guard.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"3":{"id":1339938,"text":"Any person, firm, or corporation who violates any of the provisions of this article shall be fined not less than $10 nor more than $50 for such offense.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"4":{"id":1339939,"text":"Nothing in this section shall be construed to transfer the liability for injuries or property damage caused by such grazing livestock.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":51524,"edition_id":2,"name":"Department of Transportation","identifier":"4","label":"article","depth":4,"order_by":4,"parent_id":51514,"metadata":{"child_laws":32,"child_structures":0},"date_created":"2026-08-02 02:43:28","date_modified":"2026-08-02 12:32:29","permalink":{"id":1432129,"object_type":"structure","relational_id":51524,"identifier":"4","token":"33.2\/I\/2\/4","url":"\/33.2\/I\/2\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51514,"edition_id":2,"name":"Transportation Entities","identifier":"2","label":"chapter","depth":3,"order_by":2,"parent_id":51473,"metadata":{"child_laws":120,"child_structures":6},"date_created":"2026-08-02 02:43:10","date_modified":"2026-08-02 12:32:29","permalink":{"id":1431877,"object_type":"structure","relational_id":51514,"identifier":"2","token":"33.2\/I\/2","url":"\/33.2\/I\/2\/","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":360125,"structure_id":51524,"section_number":"33.2-256","catch_line":"Department of Transportation established","url":"\/33.2-256\/","token":"33.2\/I\/2\/4\/33.2-256","metadata":false},{"id":360127,"structure_id":51524,"section_number":"33.2-257","catch_line":"Repealed","url":"\/33.2-257\/","token":"33.2\/I\/2\/4\/33.2-257","metadata":false},{"id":360126,"structure_id":51524,"section_number":"33.2-257.1","catch_line":"Notice to be provided to property owners of pending transportation projects","url":"\/33.2-257.1\/","token":"33.2\/I\/2\/4\/33.2-257.1","metadata":false},{"id":360128,"structure_id":51524,"section_number":"33.2-258","catch_line":"Environmental permits for highway projects; timely review","url":"\/33.2-258\/","token":"33.2\/I\/2\/4\/33.2-258","metadata":false},{"id":360129,"structure_id":51524,"section_number":"33.2-259","catch_line":"Maintain drainage easements","url":"\/33.2-259\/","token":"33.2\/I\/2\/4\/33.2-259","metadata":false},{"id":360130,"structure_id":51524,"section_number":"33.2-260","catch_line":"Specifications in purchasing lubricating motor oil","url":"\/33.2-260\/","token":"33.2\/I\/2\/4\/33.2-260","metadata":{"court_decisions":""}},{"id":360142,"structure_id":51524,"section_number":"33.2-261","catch_line":"Value engineering required in certain projects","url":"\/33.2-261\/","token":"33.2\/I\/2\/4\/33.2-261","metadata":false},{"id":360146,"structure_id":51524,"section_number":"33.2-262","catch_line":"Removal of snow from driveways of volunteer fire departments and emergency medical services agencies","url":"\/33.2-262\/","token":"33.2\/I\/2\/4\/33.2-262","metadata":false},{"id":360147,"structure_id":51524,"section_number":"33.2-263","catch_line":"School bus stop signs or other indicators","url":"\/33.2-263\/","token":"33.2\/I\/2\/4\/33.2-263","metadata":false},{"id":360148,"structure_id":51524,"section_number":"33.2-264","catch_line":"Livestock on right-of-way of the systems of state highways","url":"\/33.2-264\/","token":"33.2\/I\/2\/4\/33.2-264","metadata":false},{"id":360149,"structure_id":51524,"section_number":"33.2-265","catch_line":"Comprehensive roadside management program","url":"\/33.2-265\/","token":"33.2\/I\/2\/4\/33.2-265","metadata":false},{"id":360150,"structure_id":51524,"section_number":"33.2-266","catch_line":"Intermittent closing of highways subject to flooding; permits; notice","url":"\/33.2-266\/","token":"33.2\/I\/2\/4\/33.2-266","metadata":false},{"id":360152,"structure_id":51524,"section_number":"33.2-267","catch_line":"Family restrooms","url":"\/33.2-267\/","token":"33.2\/I\/2\/4\/33.2-267","metadata":{"court_decisions":""}},{"id":360151,"structure_id":51524,"section_number":"33.2-267.1","catch_line":"Human trafficking hotline; posted notice required","url":"\/33.2-267.1\/","token":"33.2\/I\/2\/4\/33.2-267.1","metadata":false},{"id":360153,"structure_id":51524,"section_number":"33.2-268","catch_line":"Contractor performance bonds for locally administered transportation improvement projects","url":"\/33.2-268\/","token":"33.2\/I\/2\/4\/33.2-268","metadata":false},{"id":360154,"structure_id":51524,"section_number":"33.2-269","catch_line":"Localities may use design-build contracts","url":"\/33.2-269\/","token":"33.2\/I\/2\/4\/33.2-269","metadata":false},{"id":360155,"structure_id":51524,"section_number":"33.2-270","catch_line":"Provide for training of certain local employees","url":"\/33.2-270\/","token":"33.2\/I\/2\/4\/33.2-270","metadata":false},{"id":360166,"structure_id":51524,"section_number":"33.2-271","catch_line":"Maintain property acquired for construction of transportation projects","url":"\/33.2-271\/","token":"33.2\/I\/2\/4\/33.2-271","metadata":false},{"id":360174,"structure_id":51524,"section_number":"33.2-272","catch_line":"Location of landfill gas pipelines in highway right-of-way; Department of Transportation to provide notice to counties","url":"\/33.2-272\/","token":"33.2\/I\/2\/4\/33.2-272","metadata":false},{"id":360173,"structure_id":51524,"section_number":"33.2-272.1","catch_line":"Interstate pipelines; Department of Transportation oversight","url":"\/33.2-272.1\/","token":"33.2\/I\/2\/4\/33.2-272.1","metadata":false},{"id":360175,"structure_id":51524,"section_number":"33.2-273","catch_line":"Use of steel plates in connection with highway repairs","url":"\/33.2-273\/","token":"33.2\/I\/2\/4\/33.2-273","metadata":false},{"id":360177,"structure_id":51524,"section_number":"33.2-274","catch_line":"Application and installation of traffic control measures","url":"\/33.2-274\/","token":"33.2\/I\/2\/4\/33.2-274","metadata":false},{"id":360176,"structure_id":51524,"section_number":"33.2-274.1","catch_line":"Roadside safety devices to be equipped with identification numbers","url":"\/33.2-274.1\/","token":"33.2\/I\/2\/4\/33.2-274.1","metadata":false},{"id":360179,"structure_id":51524,"section_number":"33.2-275","catch_line":"Periodic quantitative rating of certain highways","url":"\/33.2-275\/","token":"33.2\/I\/2\/4\/33.2-275","metadata":false},{"id":360178,"structure_id":51524,"section_number":"33.2-275.1","catch_line":"Primary evacuation routes; public information","url":"\/33.2-275.1\/","token":"33.2\/I\/2\/4\/33.2-275.1","metadata":false},{"id":360180,"structure_id":51524,"section_number":"33.2-276","catch_line":"Noise abatement practices and technologies","url":"\/33.2-276\/","token":"33.2\/I\/2\/4\/33.2-276","metadata":false},{"id":360181,"structure_id":51524,"section_number":"33.2-277","catch_line":"Sale of materials to, and use of equipment by, localities and school boards","url":"\/33.2-277\/","token":"33.2\/I\/2\/4\/33.2-277","metadata":{"court_decisions":""}},{"id":360182,"structure_id":51524,"section_number":"33.2-278","catch_line":"Facilities for persons desiring to fish from bridges","url":"\/33.2-278\/","token":"33.2\/I\/2\/4\/33.2-278","metadata":false},{"id":360183,"structure_id":51524,"section_number":"33.2-279","catch_line":"Use of streams and lowlands obstructed by newly constructed highways as fishponds or water storage areas","url":"\/33.2-279\/","token":"33.2\/I\/2\/4\/33.2-279","metadata":false},{"id":360186,"structure_id":51524,"section_number":"33.2-280","catch_line":"Treatment of highway surfaces for dust control","url":"\/33.2-280\/","token":"33.2\/I\/2\/4\/33.2-280","metadata":false},{"id":360184,"structure_id":51524,"section_number":"33.2-280.1","catch_line":"Charging electronic toll collection device fees","url":"\/33.2-280.1\/","token":"33.2\/I\/2\/4\/33.2-280.1","metadata":{"court_decisions":{"0":{"name":" .\u202f.\u202f. Sarah Ellis Peed v. Virginia Department of Transportation .\u202f.\u202f. ","case_number":"0767204","citation":null,"date":"2021-01-12","url":"https:\/\/www.courtlistener.com\/opinion\/4846916\/sarah-ellis-peed-v-virginia-department-of-transportation-and-washington\/","abstract":" .\u202f.\u202f. COURT OF APPEALS OF VIRGINIA .\u202f.\u202f. ","court_html":"COA<\/abbr>"}}}},{"id":360185,"structure_id":51524,"section_number":"33.2-280.2","catch_line":"Utility work database","url":"\/33.2-280.2\/","token":"33.2\/I\/2\/4\/33.2-280.2","metadata":false}],"previous_section":{"id":360147,"structure_id":51524,"section_number":"33.2-263","catch_line":"School bus stop signs or other indicators","url":"\/33.2-263\/","token":"33.2\/I\/2\/4\/33.2-263","metadata":false},"next_section":{"id":360149,"structure_id":51524,"section_number":"33.2-265","catch_line":"Comprehensive roadside management program","url":"\/33.2-265\/","token":"33.2\/I\/2\/4\/33.2-265","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-264\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1956, chapter 221; in 1970, chapter 322; in 1986, chapter 367; in 2014, chapter 805<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1432167,"object_type":"law","relational_id":360148,"identifier":"33.2-264","token":"33.2\/I\/2\/4\/33.2-264","url":"\/33.2-264\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/33.2-264\/","token":"33.2\/I\/2\/4\/33.2-264","dublin_core":{"Title":"Livestock on right-of-way of the systems of state highways","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-264","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No person, firm, or corporation shall pasture or graze, or cause to be pastured or grazed, or otherwise permit to be on any right-of-way of any highway<\/span> in the systems of state highways<\/span>, except as otherwise provided in this section, any livestock, unless such animal or animals be securely tied or held by chain or rope so as to prevent such animal from getting on the traveled portion of the highway<\/span>, provided that this section shall not apply when such livestock are being driven along such highway<\/span> while under the control of a responsible drover or drovers.<\/p>

Nothing in this section shall prevent the owners of abutting parcels of land from grazing livestock unsecured by chain or rope on secondary roads that (i) have been taken into the system as gated<\/span> roads and (ii) carry fewer than 50 vehicles per day.<\/p>

On gated<\/span> roads carrying 50 or more vehicles per day, the Department<\/span> shall, upon the request of the local governing body and upon the recordation of a deed of gift or donation by such landowner of not less than a 40-foot right-of-way, reimburse abutting landowners a sum equal to $1 per foot of fencing that must be installed to keep cattle from entering the right-of-way from such abutting land. Where such fencing separates pasture land from a water source used by the owner of such pasture land to water his livestock, the Department<\/span> shall construct or have constructed a means of access by which stock may reach the water source from the pasture land. Moneys for such fencing and construction of access to water shall be taken from highway construction<\/span> funds. For purposes of this section, a “gated<\/span>” road is a road on which, prior to July 1, 1986, abutting landowners have maintained a gate or cattle guard.<\/p>

Any person, firm, or corporation who violates any of the provisions of this article shall be fined not less than $10 nor more than $50 for such offense<\/span>.<\/p>

Nothing in this section shall be construed to transfer the liability for injuries or property damage caused by such grazing livestock.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIVESTOCK ON RIGHT-OF-WAY OF THE SYSTEMS OF STATE HIGHWAYS (\u00a7 33.2-264)\n\nNo person, firm, or corporation shall pasture or graze, or cause to be pastured\nor grazed, or otherwise permit to be on any right-of-way of any highway in the\nsystems of state highways, except as otherwise provided in this section, any\nlivestock, unless such animal or animals be securely tied or held by chain or\nrope so as to prevent such animal from getting on the traveled portion of the\nhighway, provided that this section shall not apply when such livestock are\nbeing driven along such highway while under the control of a responsible drover\nor drovers.\n\nNothing in this section shall prevent the owners of abutting parcels of land\nfrom grazing livestock unsecured by chain or rope on secondary roads that (i)\nhave been taken into the system as gated roads and (ii) carry fewer than 50\nvehicles per day.\n\nOn gated roads carrying 50 or more vehicles per day, the Department shall, upon\nthe request of the local governing body and upon the recordation of a deed of\ngift or donation by such landowner of not less than a 40-foot right-of-way,\nreimburse abutting landowners a sum equal to $1 per foot of fencing that must be\ninstalled to keep cattle from entering the right-of-way from such abutting land.\nWhere such fencing separates pasture land from a water source used by the owner\nof such pasture land to water his livestock, the Department shall construct or\nhave constructed a means of access by which stock may reach the water source\nfrom the pasture land. Moneys for such fencing and construction of access to\nwater shall be taken from highway construction funds. For purposes of this\nsection, a “gated” road is a road on which, prior to July 1, 1986,\nabutting landowners have maintained a gate or cattle guard.\n\nAny person, firm, or corporation who violates any of the provisions of this\narticle shall be fined not less than $10 nor more than $50 for such offense.\n\nNothing in this section shall be construed to transfer the liability for\ninjuries or property damage caused by such grazing livestock.\n\nHISTORY: Code 1950, \u00a7 33-125; 1956, c. 221; 1970, c. 322, \u00a7 33.1-210; 1986, c.\n367; 2014, c. 805.","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"}}