CHAPTER 221

An Act to amend and reenact § 33-186.8 of the Code of Virginia, author-
izing the State Highway Commissioner to construct, reconstruct,
maintain and improve access roads to public recreational areas and
historical sites.

[H 529]

Approved March 13, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 33-136.3 of the Code of Virginia be amended and reenacted
as follows:

§ 33-136.38. (a) The General Assembly finds and declares that there
is an increasing demand by the public for more public recreational areas
throughout the Commonwealth, therefore, creating a need for more access
to such areas. There are also many sites of historical significance to which
access is needed.

The General Assembly hereby declares it to be in the public interest
that access roads to public recreational areas and historical sites be pro-
vided by using highway funds obtained from unclaimed refundable Marine
Motor Fuel Tax collections. This section is enacted in furtherance of these
purposes.

(b) Notwithstanding any other provision of law, and in order to pro-
vide equal matching of funds hereinafter appropriated from the general
fund, the State Highway Commission shall, from funds allocated to the
primary system, secondary system, or urban system of State highways, set
aside the sum of one million five hundred thousand dollars initially. This
fund shall be expended by the Commission for the construction, recon-
struction, maintenance or improvement of access roads within counties,
cities and towns. At the close of each succeeding fiscal year the Commission
sha!l replenish this fund to the extent it deems necessary to carry out the
purpose intended, provided the balance in the fund plus the replenishment
does not exceed the aforesaid one million five hundred thousand dollars.
(c) Upon the setting aside of such funds as herein provided, the State
Highway Commissioner shall construct, reconstruct, maintain or improve
access roads to public recreational areas and historical sites upon the fol-
lowing conditions:

When the Commission of Outdoor Recreation has designated a
public recreational area as such or a historic area as such and recom-
mends to the State Highway Commission that an access road be provided
or maintained to such area; and

(2) When the State Highway Commission pursuant to such recom-
mendation from the Commission of Outdoor Recreation declares by resolu-
tion that such access road be provided or maintained; and

(3) When the governing body of the county, city or town in which
such access road is to be provided or maintained passes a resolution re-
questing such road; and

(4) When the governing body of the county, city, or town in which
such access road is to be provided or maintained adopts an ordinance
pursuant to Article 8 (§ 15.1-486 et seq.), Chapter 11, Title 15.1.

No access road shall be constructed, reconstructed, maintained or im-
proved on privately owned property.

(d) Any access road constructed, reconstructed, maintained or im-
proved * pursuant to the provisions of ‘this section * shall become part of
the primary system of State highways * , the secondary system of State
highways or the road system of the locality in which it ts located in the
manner provided by law and shall be designated as a scenic highway or
byway as provided for in Article 3.1 (§ 33-43.1 et seq.), Chapter 1, Title
33, and shall thereafter be constructed, reconstructed, maintained and im-
proved as other roads in such systems.

The State Highway Commission and the Commission of Outdoor Recre-
ation are hereby authorized to make regulations to carry out the provisions
of this section.