67-1101 - Right to occupy rights-of-way; location of same.
§ 67-1101. Right to occupy rights-of-way; location of same.
A. Every renewable generator shall have authority to occupy and use thepublic roads, works, turnpikes, streets, avenues, and alleys in any county,with the consent of the board of supervisors or other governing authoritythereof, or in any incorporated city or town, with the consent of the councilthereof, and the waterways within the Commonwealth, with the consent of theMarine Resources Commission, for the erection of distribution facilities.However, if the road or street is in the state highway system or thesecondary system of state highways, the consent of the board of supervisorsor other governing authority of any county shall not be necessary, providedthat a permit for such occupation and use is first obtained from theCommonwealth Transportation Board. The use of any road or street in the statehighway system or secondary system of state highways that has been designateda limited access highway in accordance with § 33.1-58 shall not be permitted,unless the Commonwealth Transportation Board approves an exception inaccordance with the then current policy.
B. No locality or the Commonwealth Transportation Board shall impose any feeson a renewable generator for the use of public rights-of-way except in themanner prescribed in § 67-1103.
C. No locality or the Commonwealth Transportation Board shall impose onrenewable generators, whether by franchise, ordinance, or other means, anyrestrictions or requirements concerning the use of the public rights-of-waythat are (i) unfair or unreasonable or (ii) any greater than those imposed onproviders of electric or natural gas utility service.
D. Notwithstanding any other provision of law, any permit or other permissionrequired by a locality pursuant to a franchise, ordinance, or otherpermission to use the public rights-of-way or by the CommonwealthTransportation Board of a renewable generator to use the public rights-of-wayshall be granted or denied within 45 days from submission and, if denied,accompanied by a written explanation of the reasons the permit was denied andthe actions required to cure the denial.
E. No locality receiving directly or indirectly a public rights-of-way usefee or the Commonwealth Transportation Board shall require a renewablegenerator to provide in-kind services or physical assets as a condition ofconsent to use public rights-of-way or easements, or in lieu of the publicrights-of-way use fee.
F. This chapter shall not affect the obligation of the Department ofTransportation to give notice, pursuant to § 33.1-223.2:11, to localitieswhen it grants its permission for the construction, installation, location,or placement of a landfill gas pipeline within any highway right-of-way.
(2009, c. 807.)