CHAPTER 484

An Act to amend the Code of Virginia by adding a section numbered
88-186.8, providing for the setting aside of certain funds; authorizing
the State Highway Commissioner to construct, reconstruct, maintain
or improve certain roads upon certain conditions; making such roads
part of certain highway systems; and permitting certain State agencies
to make regulations.

{H 125)

Approved April 4, 1966
Be it enacted by the General Assembly of Virgi
1. That the Code of Virginia be amended by adding a 2 section numbered
83-186.3, as follows:

§ 33-136.3. (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
purpose

(b) Notwithstanding any other provision of law, 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 ex-
pended by the Commission for the construction, reconstruction, mainte-
nance or improvement of access roads within counties, cities, and towns.
At the close of each succeeding fiscal year the Commission shall 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 following conditions:

(1) When the Commission of Outdoor Recreation has designated a
public recreational area as such or a historic area as such and recommends
to the State Highway Commission that an access road be provided or main-
tained 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 pur-
suant to Article 8, Chapter 11, Title 15.1.

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

Any access road, constructed, reconstructed, maintained or improved,
pursuant to the provisions of this section, shall become part of the primary
system of State highways or the secondary system of State highways in
the manner provided by law and shall be designated as a scenic highway
or byway as provided for in Article 3.1, Chapter 1, Title 33, and shall
thereafter be constructed, reconstructed, maintained and improved as
other roads in such sys .

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