Section 35. Appeal to the Commissioner of Highways

A. Appeals by the local government official.

1. The local government official appeal of a landscape plan shall be in writing within 60 days of the permittee submitting a permit application and accompanied by a $400 fee.

2. The appeal shall specify reasons why the local government official is dissatisfied with the landscape plan and why it does not meet the intent of § 33.2-1221 of the Code of Virginia. It shall include any motorist or worker safety concerns, selection of plant material, placement of plant material, method or time-of-year for planting or relocating plant material, and any other pertinent information.

B. Appeals by the permittee.

1. The permittee appeal of a landscape plan shall be in writing within 10 days after final action of the local government official and shall be accompanied by a $400 fee.

2. The appeal shall specify reasons why the permittee is dissatisfied with the action or stipulations placed on the permittee by the local government official including all pertinent information to help the Commissioner of Highways make a final determination.

C. Commissioner of Highways' determination of appeal.

The Commissioner of Highways shall consult department personnel with expertise in horticulture and landscape architecture in making a final determination on the merits of the landscape plan presented by the permittee, weigh objections by both the local government official and the permittee, and shall provide a final determination within 30 days of receipt of the appeal request.

Historical Notes

Derived from Volume 24, Issue 04, eff. November 28, 2007; amended, Virginia Register Volume 28, Issue 04, eff. November 23, 2011; Volume 31, Issue 07, eff. December 31, 2014.

Statutory Authority

§ 33.2-210 of the Code of Virginia.