{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/33.2-276.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/33.2-276.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/33.2-276.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/33.2-276.html"}],"law_id":360180,"edition_id":2,"section_id":360180,"structure_id":51524,"section_number":"33.2-276","catch_line":"Noise abatement practices and technologies","history":"2009, c. 120, \u00a7 33.1-223.2:21; 2011, cc. 476, 790; 2012, c. 171; 2013, c. 120; 2014, c. 805.","full_text":"A\n\nWhenever the Board or the Department plan for or undertake any highway construction or improvement project and such project includes or may include the requirement for the mitigation of traffic noise impacts, first consideration should be given to the use of noise reducing design and low noise pavement materials and techniques in lieu of construction of noise walls or sound barriers. Vegetative screening, such as the planting of appropriate conifers, in such a design would be utilized to act as a visual screen if visual screening is required.\n\nB\n\nThe Department shall expedite the development of quiet pavement technology such that applicable contract solicitations for paving shall include specifications for quiet pavement technology and other sound mitigation alternatives in any case in which sound mitigation is a consideration. To that end, the Department shall construct demonstration projects sufficient in number and scope to assess applicable technologies. The assessment shall include evaluation of the functionality and public safety of these technologies in Virginia&#8217;s climate and shall be evaluated over at least two full winters. The Department shall provide an initial interim report to the Governor and the General Assembly by June 30, 2012, a second interim report by June 30, 2013, and a final report by June 30, 2015. The report shall include results of demonstration projects in Virginia, results of the use of quiet pavement in other states, a plan for routine implementation of quiet pavement, and any safety, cost, or performance issues that have been identified by the demonstration projects.\n\nC\n\nThe governing body of any locality, at its own expense, may evaluate noise from highways it may designate for analysis. Such evaluation shall be accepted and relied upon by the Department if such evaluation is prepared in accordance with and complies with applicable federal law, regulations, and requirements, as well as guidelines and policies issued by the Board, relating to noise abatement and evaluation. This provision shall not apply to projects for which the Department is required to perform a noise analysis.\n\n","order_by":null,"text":{"0":{"id":1340017,"text":"Whenever the Board or the Department plan for or undertake any highway construction or improvement project and such project includes or may include the requirement for the mitigation of traffic noise impacts, first consideration should be given to the use of noise reducing design and low noise pavement materials and techniques in lieu of construction of noise walls or sound barriers. Vegetative screening, such as the planting of appropriate conifers, in such a design would be utilized to act as a visual screen if visual screening is required.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1340018,"text":"The Department shall expedite the development of quiet pavement technology such that applicable contract solicitations for paving shall include specifications for quiet pavement technology and other sound mitigation alternatives in any case in which sound mitigation is a consideration. To that end, the Department shall construct demonstration projects sufficient in number and scope to assess applicable technologies. The assessment shall include evaluation of the functionality and public safety of these technologies in Virginia&#8217;s climate and shall be evaluated over at least two full winters. The Department shall provide an initial interim report to the Governor and the General Assembly by June 30, 2012, a second interim report by June 30, 2013, and a final report by June 30, 2015. The report shall include results of demonstration projects in Virginia, results of the use of quiet pavement in other states, a plan for routine implementation of quiet pavement, and any safety, cost, or performance issues that have been identified by the demonstration projects.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1340019,"text":"The governing body of any locality, at its own expense, may evaluate noise from highways it may designate for analysis. Such evaluation shall be accepted and relied upon by the Department if such evaluation is prepared in accordance with and complies with applicable federal law, regulations, and requirements, as well as guidelines and policies issued by the Board, relating to noise abatement and evaluation. This provision shall not apply to projects for which the Department is required to perform a noise analysis.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":"<abbr title=\"Court of Appeals\">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":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},"next_section":{"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":""}},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-276\/","history_text":"<p>This law was first created in 2009. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0120\">120<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. 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 2011, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0476\">476<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0790\">790<\/a>; in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0171\">171<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0120\">120<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0805\">805<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1432231,"object_type":"law","relational_id":360180,"identifier":"33.2-276","token":"33.2\/I\/2\/4\/33.2-276","url":"\/33.2-276\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/33.2-276\/","token":"33.2\/I\/2\/4\/33.2-276","dublin_core":{"Title":"Noise abatement practices and technologies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-276","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Whenever the <span class=\"dictionary\">Board<\/span> or the <span class=\"dictionary\">Department<\/span> plan for or undertake any <span class=\"dictionary\">highway construction<\/span> or improvement project and such project includes or may include the requirement for the mitigation of traffic noise impacts, first consideration should be given to the use of noise reducing design and low noise pavement <span class=\"dictionary\">materials<\/span> and techniques in lieu of construction of noise walls or sound barriers. Vegetative screening, such as the planting of appropriate conifers, in such a design would be utilized to act as a visual screen if visual screening is required. <a id=\"paragraph-1340017\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-276\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">Department<\/span> shall expedite the development of quiet pavement technology such that applicable <span class=\"dictionary\">contract<\/span> solicitations for paving shall include specifications for quiet pavement technology and other sound mitigation alternatives in any case in which sound mitigation is a consideration. To that end, the <span class=\"dictionary\">Department<\/span> shall construct demonstration projects sufficient in number and scope to assess applicable technologies. The assessment shall include evaluation of the functionality and public safety of these technologies in Virginia&#8217;s climate and shall be evaluated over at least two full winters. The <span class=\"dictionary\">Department<\/span> shall provide an initial interim report to the Governor and the General Assembly by June 30, 2012, a second interim report by June 30, 2013, and a final report by June 30, 2015. The report shall include results of demonstration projects in Virginia, results of the use of quiet pavement in other states, a plan for routine implementation of quiet pavement, and any safety, cost, or performance <span class=\"dictionary\">issues<\/span> that have been identified by the demonstration projects. <a id=\"paragraph-1340018\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-276\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The governing body of any locality, at its own expense, may evaluate noise from <span class=\"dictionary\">highways<\/span> it may designate for analysis. Such evaluation shall be accepted and relied upon by the <span class=\"dictionary\">Department<\/span> if such evaluation is prepared in accordance with and complies with applicable federal <span class=\"dictionary\">law<\/span>, regulations, and requirements, as well as guidelines and policies issued by the <span class=\"dictionary\">Board<\/span>, relating to noise abatement and evaluation. This provision shall not apply to projects for which the <span class=\"dictionary\">Department<\/span> is required to perform a noise analysis. <a id=\"paragraph-1340019\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-276\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nNOISE ABATEMENT PRACTICES AND TECHNOLOGIES (\u00a7 33.2-276)\n\nA. Whenever the Board or the Department plan for or undertake any highway\nconstruction or improvement project and such project includes or may include the\nrequirement for the mitigation of traffic noise impacts, first consideration\nshould be given to the use of noise reducing design and low noise pavement\nmaterials and techniques in lieu of construction of noise walls or sound\nbarriers. Vegetative screening, such as the planting of appropriate conifers, in\nsuch a design would be utilized to act as a visual screen if visual screening is\nrequired.\n\nB. The Department shall expedite the development of quiet pavement technology\nsuch that applicable contract solicitations for paving shall include\nspecifications for quiet pavement technology and other sound mitigation\nalternatives in any case in which sound mitigation is a consideration. To that\nend, the Department shall construct demonstration projects sufficient in number\nand scope to assess applicable technologies. The assessment shall include\nevaluation of the functionality and public safety of these technologies in\nVirginia&#8217;s climate and shall be evaluated over at least two full winters.\nThe Department shall provide an initial interim report to the Governor and the\nGeneral Assembly by June 30, 2012, a second interim report by June 30, 2013, and\na final report by June 30, 2015. The report shall include results of\ndemonstration projects in Virginia, results of the use of quiet pavement in\nother states, a plan for routine implementation of quiet pavement, and any\nsafety, cost, or performance issues that have been identified by the\ndemonstration projects.\n\nC. The governing body of any locality, at its own expense, may evaluate noise\nfrom highways it may designate for analysis. Such evaluation shall be accepted\nand relied upon by the Department if such evaluation is prepared in accordance\nwith and complies with applicable federal law, regulations, and requirements, as\nwell as guidelines and policies issued by the Board, relating to noise abatement\nand evaluation. This provision shall not apply to projects for which the\nDepartment is required to perform a noise analysis.\n\nHISTORY: 2009, c. 120, \u00a7 33.1-223.2:21; 2011, cc. 476, 790; 2012, c. 171; 2013,\nc. 120; 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"}}