Local/State Plan and Program Consistency
of Chapter 729
Chapter 729 of the 2012 Acts of Assembly amended § 33.2-214 (formerly §33.1-12) and §15.2-2223, which changed the required transportation elements that must be included in a locality’s comprehensive plan and directed VDOT to notify the Commonwealth Transportation Board if the adopted transportation plan portion of a locality’s comprehensive plan is not consistent with:
- The statewide transportation plan (VTrans);
- Significant new, improved, or relocated highway projects in the Six-Year Improvement Program; or
- Route locations selected by the Commonwealth Transportation Board.
Localities are also required to provide VDOT a copy of the draft plan at least 90 days prior to adoption of the plan or an amendment to the plan and, once adopted, provide a copy of the final plan.
Furthermore, the law required each locality to inform VDOT on or before Jan. 1, 2013, when it next expected to update its transportation plan to be consistent with the new requirements. This information was to be provided to the local VDOT contact (generally the District Transportation and Land Use Director, District Planner, or the Residency Administrator). If the locality’s next comprehensive plan revision will take place anytime after Jan. 1, 2013, this date is to be provided to the local VDOT contact person.
VDOT staff reviewing local transportation plans will consider a plan consistent if it includes the projects set out in the above listed documents and does not include recommendations that would prevent those projects from advancing. Not all projects contained in the Six-Year Improvement Program need be incorporated into local transportation plans in order for those plans to be consistent; only those projects that are “significant new, improved, or relocated” highway projects need be included, which means projects on Rural Major or Urban Collector (or higher classification) roadways that involve:
- A new location,
- A relocated roadway, or
- Adding one or more through lanes or an interchange.
If VDOT determines that a comprehensive plan’s transportation plan is inconsistent with VTrans, the Six-Year Improvement Program, or route locations as noted above, VDOT must notify the Commonwealth Transportation Board of such inconsistency and the Board may take action to try and encourage consistency between the state plans and the local transportation plan, including removing funding from projects..
In 2013, § 33.2-214 (formerly §33.1-12) was modified so that funds on a locally controlled highway project in a locality which has withdrawn from the state’s secondary system of highways (this refers to Arlington and Henrico counties) cannot be reallocated by the Commonwealth Transportation Board due solely to the local transportation plan’s inconsistency with VTrans or the SYIP. VDOT is still required to review these counties’ transportation plan revisions and notify the Commonwealth Transportation Board if the plans are inconsistent with state plans.
If you have any questions or comments regarding Chapter 729, please submit these to firstname.lastname@example.org.
- Presentation on Local/State Plan and Program Consistency (PDF, 739 KB)
- Flowchart with explanatory notes (PDF, 300 KB)
- §15.2-2223 of the Code of Virginia
- Traffic Impact Analysis Regulations web page
- Six-Year Improvement Program