Section 20. General provisions

A. The program for implementation of this policy and the funding available for this program shall be designated respectively as the Airport Access Roads Program and Airport Access Fund.

B. The use of airport access funds shall be limited to assisting in the financing of adequate access to a licensed, public use airport. Termination of access to a licensed, public use airport shall be at the property line of the airport.

C. No cost incurred prior to this board's approval of the allocation of airport access funds may be reimbursed by such funds. Airport access funds shall be authorized only upon confirmation that the licensed airport facility is already constructed or will be built under firm contract or upon provision of acceptable surety in accordance with § 33.2-1509 A of the Code of Virginia.

D. Airport access funds shall be used only for the design and construction of the roadway, including preliminary environmental review and standard drainage and storm water facilities required solely by construction of the road. Airport access funds shall not be used for the acquisition of rights of way, the adjustment of utilities, or the attainment of necessary environmental permits.

E. Eligible items in the design and construction of an airport access road shall be limited to those essential for providing an adequate roadway facility to serve the anticipated traffic generated by the airport's operations with adherence to all appropriate Commonwealth Transportation Board and state policies and standards. However, additional pavement width or other features may be eligible where necessary to qualify the road facility in a city or town for maintenance payments under § 33.2-319 of the Code of Virginia.

F. The governing body of a city, county, or town in which the proposed airport access road is located shall serve as the applicant and submit a formal resolution to request airport access funds from this board. A town whose streets are maintained under either § 33.2-339 or 33.2-340 of the Code of Virginia shall file the application through the governing body of the county in which it is located. The resolution of request shall include commitments to provide for the rights of way, adjustment of utilities, and necessary environmental permits for the project from funds other than airport access funds allocated by this board.

G. Not more than $650,000 ($500,000 unmatched and $150,000 matched dollar for dollar) of the airport access funds may be used in any fiscal year to provide access to any one airport. Local matching funds shall be provided from funds other than those administered by this board.

H. It is the intent of the Commonwealth Transportation Board that airport access funds not be anticipated from year to year. Unused eligibility cannot be allowed to accumulate and be carried forward from one fiscal year to another.

I. Prior to the formal request for the use of airport access funds, the location for the new access road shall be submitted for approval by the Virginia Department of Transportation.

J. The board will consult with, and may rely on, the recommendations of the Virginia Department of Aviation in determining the use of these airport access funds for a requested project.

K. Airport access funds may be authorized only after all contingencies of the Commonwealth Transportation Board's allocation of funding to the project have been met for airport access.

L. The Commissioner of Highways is directed to establish administrative procedures to assure adherence to and compliance with the provisions of this chapter and legislative directives.

Historical Notes

Derived from Volume 28, Issue 18, eff. May 7, 2012; amended, Virginia Register Volume 31, Issue 07, eff. December 31, 2014.

Statutory Authority

§ 33.2-210 of the Code of Virginia.