{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/33.2-334.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/33.2-334.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/33.2-334.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/33.2-334.html"}],"law_id":360300,"edition_id":2,"section_id":360300,"structure_id":51539,"section_number":"33.2-334","catch_line":"Requirements for taking new streets into secondary state highway system","history":"2007, c. 382, \u00a7 33.1-70.3; 2010, c. 401; 2014, c. 805; 2022, c. 425.","full_text":"A\n\nThe governing body of any county that has not withdrawn from the secondary state highway system or any town within which the Department maintains the streets may, by resolution, request the Board to take any new street or highway into the secondary state highway system for maintenance if such street or highway has been developed and constructed in accordance with the Board’s secondary street acceptance requirements. The Board shall adopt regulations establishing such secondary street acceptance requirements, which shall include such provisions as the Board deems necessary or appropriate to achieve the safe and efficient operation of the Commonwealth’s transportation network.\n\nB\n\nIn addition to such other provisions deemed necessary or appropriate by the Board, the regulations shall include (i) requirements to ensure the connectivity of highway and pedestrian networks with the existing and future transportation network, provided that such provisions shall include flexibility to limit the number of connections to adjacent property or highway networks as deemed appropriate; (ii) provisions to minimize stormwater runoff and impervious surface area; and (iii) provisions for performance bonding of new secondary highways and associated cost recovery fees.\n\nC\n\nNo initial regulation establishing secondary street acceptance requirements pursuant to this section shall apply to subdivision plats and subdivision construction plans that have been submitted and accepted for review by the Department on or before the effective date of such initial regulations. No locality shall be obligated to approve any subdivision plat or subdivision construction plans that are inconsistent with these regulations.\n\nD\n\nNothing in this section or in any regulation, policy, or practice adopted pursuant to this section shall prevent the acceptance of any street or segment of a street within a network addition that meets one or more of the public service requirements addressed in the regulations, provided that the network addition satisfies all other requirements adopted pursuant to this section. In cases where a majority of the lots along the street or street segment remain undeveloped and construction traffic is expected to utilize that street or street segment after acceptance, the bonding requirement for such street or street segment may be required by the Department to be extended for up to one year beyond that required in the secondary street acceptance requirements.\n\n","order_by":null,"text":{"0":{"id":1340915,"text":"The governing body of any county that has not withdrawn from the secondary state highway system or any town within which the Department maintains the streets may, by resolution, request the Board to take any new street or highway into the secondary state highway system for maintenance if such street or highway has been developed and constructed in accordance with the Board’s secondary street acceptance requirements. The Board shall adopt regulations establishing such secondary street acceptance requirements, which shall include such provisions as the Board deems necessary or appropriate to achieve the safe and efficient operation of the Commonwealth’s transportation network.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1340916,"text":"In addition to such other provisions deemed necessary or appropriate by the Board, the regulations shall include (i) requirements to ensure the connectivity of highway and pedestrian networks with the existing and future transportation network, provided that such provisions shall include flexibility to limit the number of connections to adjacent property or highway networks as deemed appropriate; (ii) provisions to minimize stormwater runoff and impervious surface area; and (iii) provisions for performance bonding of new secondary highways and associated cost recovery fees.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1340917,"text":"No initial regulation establishing secondary street acceptance requirements pursuant to this section shall apply to subdivision plats and subdivision construction plans that have been submitted and accepted for review by the Department on or before the effective date of such initial regulations. No locality shall be obligated to approve any subdivision plat or subdivision construction plans that are inconsistent with these regulations.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1340918,"text":"Nothing in this section or in any regulation, policy, or practice adopted pursuant to this section shall prevent the acceptance of any street or segment of a street within a network addition that meets one or more of the public service requirements addressed in the regulations, provided that the network addition satisfies all other requirements adopted pursuant to this section. In cases where a majority of the lots along the street or street segment remain undeveloped and construction traffic is expected to utilize that street or street segment after acceptance, the bonding requirement for such street or street segment may be required by the Department to be extended for up to one year beyond that required in the secondary street acceptance requirements.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":51539,"edition_id":2,"name":"Secondary State Highway System","identifier":"3","label":"article","depth":4,"order_by":3,"parent_id":51531,"metadata":{"child_laws":23,"child_structures":0},"date_created":"2026-08-02 02:43:45","date_modified":"2026-08-02 12:32:30","permalink":{"id":1432845,"object_type":"structure","relational_id":51539,"identifier":"3","token":"33.2\/II\/3\/3","url":"\/33.2\/II\/3\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51531,"edition_id":2,"name":"Highway Systems","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":51475,"metadata":{"child_laws":74,"child_structures":5},"date_created":"2026-08-02 02:43:41","date_modified":"2026-08-02 12:32:30","permalink":{"id":1432743,"object_type":"structure","relational_id":51531,"identifier":"3","token":"33.2\/II\/3","url":"\/33.2\/II\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51475,"edition_id":2,"name":"Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":51472,"metadata":{"child_laws":263,"child_structures":30},"date_created":"2026-08-02 02:42:40","date_modified":"2026-08-02 12:32:30","permalink":{"id":1432371,"object_type":"structure","relational_id":51475,"identifier":"II","token":"33.2\/II","url":"\/33.2\/II\/","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":360281,"structure_id":51539,"section_number":"33.2-324","catch_line":"Secondary state highway system; composition","url":"\/33.2-324\/","token":"33.2\/II\/3\/3\/33.2-324","metadata":{"court_decisions":""}},{"id":360282,"structure_id":51539,"section_number":"33.2-325","catch_line":"Certain school roads in secondary state highway system","url":"\/33.2-325\/","token":"33.2\/II\/3\/3\/33.2-325","metadata":{"court_decisions":""}},{"id":360283,"structure_id":51539,"section_number":"33.2-326","catch_line":"Control, supervision, and management of secondary state highway system components","url":"\/33.2-326\/","token":"33.2\/II\/3\/3\/33.2-326","metadata":{"court_decisions":""}},{"id":360284,"structure_id":51539,"section_number":"33.2-327","catch_line":"Design standards for secondary state highway system components","url":"\/33.2-327\/","token":"33.2\/II\/3\/3\/33.2-327","metadata":{"court_decisions":""}},{"id":360285,"structure_id":51539,"section_number":"33.2-328","catch_line":"Department of Transportation to install and maintain certain signs","url":"\/33.2-328\/","token":"33.2\/II\/3\/3\/33.2-328","metadata":{"court_decisions":""}},{"id":360286,"structure_id":51539,"section_number":"33.2-329","catch_line":"Transfer of control, etc., of landings, docks, and wharves to Department of Wildlife Resources","url":"\/33.2-329\/","token":"33.2\/II\/3\/3\/33.2-329","metadata":false},{"id":360287,"structure_id":51539,"section_number":"33.2-330","catch_line":"Relocation or removal of utility facilities within secondary state highway system construction projects","url":"\/33.2-330\/","token":"33.2\/II\/3\/3\/33.2-330","metadata":{"court_decisions":""}},{"id":360297,"structure_id":51539,"section_number":"33.2-331","catch_line":"Annual meeting with county officers; six-year plan for secondary state highways; certain reimbursements required","url":"\/33.2-331\/","token":"33.2\/II\/3\/3\/33.2-331","metadata":false},{"id":360298,"structure_id":51539,"section_number":"33.2-332","catch_line":"Requesting Department of Transportation to hard-surface secondary highways; paving of certain secondary highways within existing rights-of-way; designation as Rural Rustic Road","url":"\/33.2-332\/","token":"33.2\/II\/3\/3\/33.2-332","metadata":{"court_decisions":""}},{"id":360299,"structure_id":51539,"section_number":"33.2-333","catch_line":"Emergency paving of unpaved secondary highways; notice and local concurrence","url":"\/33.2-333\/","token":"33.2\/II\/3\/3\/33.2-333","metadata":false},{"id":360300,"structure_id":51539,"section_number":"33.2-334","catch_line":"Requirements for taking new streets into secondary state highway system","url":"\/33.2-334\/","token":"33.2\/II\/3\/3\/33.2-334","metadata":{"court_decisions":""}},{"id":360301,"structure_id":51539,"section_number":"33.2-335","catch_line":"Taking certain streets into secondary state highway system","url":"\/33.2-335\/","token":"33.2\/II\/3\/3\/33.2-335","metadata":{"court_decisions":""}},{"id":360302,"structure_id":51539,"section_number":"33.2-336","catch_line":"Funds allocated to counties for Rural Addition Program; street standards","url":"\/33.2-336\/","token":"33.2\/II\/3\/3\/33.2-336","metadata":{"court_decisions":""}},{"id":360303,"structure_id":51539,"section_number":"33.2-337","catch_line":"Contributions to primary or secondary state highway construction by counties","url":"\/33.2-337\/","token":"33.2\/II\/3\/3\/33.2-337","metadata":{"court_decisions":""}},{"id":360304,"structure_id":51539,"section_number":"33.2-338","catch_line":"Construction and improvement of primary or secondary highways by counties","url":"\/33.2-338\/","token":"33.2\/II\/3\/3\/33.2-338","metadata":false},{"id":360305,"structure_id":51539,"section_number":"33.2-339","catch_line":"Maintenance, etc., of streets and highways in certain towns from secondary funds","url":"\/33.2-339\/","token":"33.2\/II\/3\/3\/33.2-339","metadata":{"court_decisions":""}},{"id":360306,"structure_id":51539,"section_number":"33.2-340","catch_line":"Maintenance, etc., by Commissioner of Highways when no request for allocation","url":"\/33.2-340\/","token":"33.2\/II\/3\/3\/33.2-340","metadata":{"court_decisions":""}},{"id":360312,"structure_id":51539,"section_number":"33.2-341","catch_line":"Maps of secondary state highway system","url":"\/33.2-341\/","token":"33.2\/II\/3\/3\/33.2-341","metadata":false},{"id":360313,"structure_id":51539,"section_number":"33.2-342","catch_line":"Resumption of responsibility for secondary state highways by counties","url":"\/33.2-342\/","token":"33.2\/II\/3\/3\/33.2-342","metadata":{"court_decisions":""}},{"id":360314,"structure_id":51539,"section_number":"33.2-343","catch_line":"Return after withdrawal from secondary state highway system","url":"\/33.2-343\/","token":"33.2\/II\/3\/3\/33.2-343","metadata":{"court_decisions":""}},{"id":360315,"structure_id":51539,"section_number":"33.2-344","catch_line":"Election to determine return to the secondary state highway system","url":"\/33.2-344\/","token":"33.2\/II\/3\/3\/33.2-344","metadata":{"court_decisions":""}},{"id":360316,"structure_id":51539,"section_number":"33.2-345","catch_line":"Effect of election to determine return to the secondary state highway system","url":"\/33.2-345\/","token":"33.2\/II\/3\/3\/33.2-345","metadata":{"court_decisions":""}},{"id":360317,"structure_id":51539,"section_number":"33.2-346","catch_line":"Machinery, etc., owned by returning county","url":"\/33.2-346\/","token":"33.2\/II\/3\/3\/33.2-346","metadata":false}],"previous_section":{"id":360299,"structure_id":51539,"section_number":"33.2-333","catch_line":"Emergency paving of unpaved secondary highways; notice and local concurrence","url":"\/33.2-333\/","token":"33.2\/II\/3\/3\/33.2-333","metadata":false},"next_section":{"id":360301,"structure_id":51539,"section_number":"33.2-335","catch_line":"Taking certain streets into secondary state highway system","url":"\/33.2-335\/","token":"33.2\/II\/3\/3\/33.2-335","metadata":{"court_decisions":""}},"metadata":{"court_decisions":""},"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-334\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapter 382<\/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 3 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 2010, chapter 401<\/a>; in 2014, chapter 805<\/a>; in 2022, chapter 425<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1432887,"object_type":"law","relational_id":360300,"identifier":"33.2-334","token":"33.2\/II\/3\/3\/33.2-334","url":"\/33.2-334\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/33.2-334\/","token":"33.2\/II\/3\/3\/33.2-334","dublin_core":{"Title":"Requirements for taking new streets into secondary state highway system","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-334","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The governing body of any county that has not withdrawn from the secondary state highway<\/span> system or any town within which the Department<\/span> maintains the streets may, by resolution, request the Board<\/span> to take any new street or highway<\/span> into the secondary state highway<\/span> system for maintenance<\/span> if such street or highway<\/span> has been developed and constructed in accordance with the Board<\/span>’s secondary street acceptance requirements. The Board<\/span> shall adopt regulations establishing such secondary street acceptance requirements, which shall include such provisions as the Board<\/span> deems necessary or appropriate to achieve the safe and efficient operation of the Commonwealth’s transportation network. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to such other provisions deemed necessary or appropriate by the Board<\/span>, the regulations shall include (i) requirements to ensure the connectivity of highway<\/span> and pedestrian networks with the existing and future transportation network, provided that such provisions shall include flexibility to limit the number of connections to adjacent property or highway<\/span> networks as deemed appropriate; (ii) provisions to minimize stormwater runoff and impervious surface area; and (iii) provisions for performance bonding of new secondary highways<\/span> and associated cost recovery fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No initial regulation establishing secondary street acceptance requirements pursuant to this section shall apply to subdivision plats and subdivision construction plans that have been submitted and accepted for review by the Department<\/span> on or before the effective date of such initial regulations. No locality shall be obligated to approve any subdivision plat or subdivision construction plans that are inconsistent with these regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section or in any regulation, policy, or practice adopted pursuant to this section shall prevent the acceptance of any street or segment of a street within a network addition that meets one or more of the public service requirements addressed in the regulations, provided that the network addition satisfies all other requirements adopted pursuant to this section. In cases where a majority of the lots along the street or street segment remain undeveloped and construction traffic is expected to utilize that street or street segment after acceptance, the bonding requirement for such street or street segment may be required by the Department<\/span> to be extended for up to one year beyond that required in the secondary street acceptance requirements. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREQUIREMENTS FOR TAKING NEW STREETS INTO SECONDARY STATE HIGHWAY SYSTEM (\u00a7\n33.2-334)\n\nA. The governing body of any county that has not withdrawn from the secondary\nstate highway system or any town within which the Department maintains the\nstreets may, by resolution, request the Board to take any new street or highway\ninto the secondary state highway system for maintenance if such street or\nhighway has been developed and constructed in accordance with the Board’s\nsecondary street acceptance requirements. The Board shall adopt regulations\nestablishing such secondary street acceptance requirements, which shall include\nsuch provisions as the Board deems necessary or appropriate to achieve the safe\nand efficient operation of the Commonwealth’s transportation network.\n\nB. In addition to such other provisions deemed necessary or appropriate by the\nBoard, the regulations shall include (i) requirements to ensure the connectivity\nof highway and pedestrian networks with the existing and future transportation\nnetwork, provided that such provisions shall include flexibility to limit the\nnumber of connections to adjacent property or highway networks as deemed\nappropriate; (ii) provisions to minimize stormwater runoff and impervious\nsurface area; and (iii) provisions for performance bonding of new secondary\nhighways and associated cost recovery fees.\n\nC. No initial regulation establishing secondary street acceptance requirements\npursuant to this section shall apply to subdivision plats and subdivision\nconstruction plans that have been submitted and accepted for review by the\nDepartment on or before the effective date of such initial regulations. No\nlocality shall be obligated to approve any subdivision plat or subdivision\nconstruction plans that are inconsistent with these regulations.\n\nD. Nothing in this section or in any regulation, policy, or practice adopted\npursuant to this section shall prevent the acceptance of any street or segment\nof a street within a network addition that meets one or more of the public\nservice requirements addressed in the regulations, provided that the network\naddition satisfies all other requirements adopted pursuant to this section. In\ncases where a majority of the lots along the street or street segment remain\nundeveloped and construction traffic is expected to utilize that street or\nstreet segment after acceptance, the bonding requirement for such street or\nstreet segment may be required by the Department to be extended for up to one\nyear beyond that required in the secondary street acceptance requirements.\n\nHISTORY: 2007, c. 382, \u00a7 33.1-70.3; 2010, c. 401; 2014, c. 805; 2022, c. 425.","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"}}