Byrd Road Act
Encyclopedia
Virginia General Assembly
The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, and the oldest legislative body in the Western Hemisphere, established on July 30, 1619. The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, with 100 members,...
. Named for former Governor Harry F. Byrd
Harry F. Byrd
Harry Flood Byrd, Sr. of Berryville in Clarke County, Virginia, was an American newspaper publisher, farmer and politician. He was a descendant of one of the First Families of Virginia...
, the legislation was originally presented as measure to relieve the financial pressures of the Great Depression
Great Depression
The Great Depression was a severe worldwide economic depression in the decade preceding World War II. The timing of the Great Depression varied across nations, but in most countries it started in about 1929 and lasted until the late 1930s or early 1940s...
upon the counties, as the state offered to take over responsibility and control of most county roads, creating the Virginia Secondary Roads System.
Under state auspices, much was accomplished in improving the state's roads, most of which were not hard-surfaced when the system was created. However, lack of local control and accountability over roads became much more of an issue late in the 20th century, especially in fast-growing counties. Following a study commissioned by the Virginia Department of Transportation
Virginia Department of Transportation
The Virginia Department of Transportation is the agency of state government responsible for transportation in the state of Virginia in the United States. Headquartered in Downtown Richmond, VDOT is responsible for building, maintaining, and operating the roads, bridges and tunnels in the...
in 1998, which found the arrangement to be "unusual among the 50 states", the state legislature in the early 21st century was considering major changes to afford more local control in the counties over such issues as drainage, speed limits, and planning and coordination of roads with development.
History
The Byrd Road Act created the state's "Secondary System" of roads in the counties. Virginia's incorporated townIncorporated town
-Canada:Incorporated towns are a form of local government in Canada, which is a responsibility of provincial rather than federal government.-United States:...
s were provided a local option to participate, and all the counties in Virginia were given the option of turning this responsibility over to the state. However, Virginia's independent cities
Independent city
An independent city is a city that does not form part of another general-purpose local government entity. These type of cities should not be confused with city-states , which are fully sovereign cities that are not part of any other sovereign state.-Historical precursors:In the Holy Roman Empire,...
were excluded, typical of the Byrd Organization
Byrd Organization
The Byrd Organization was a political machine led by former Governor and U.S. Senator Harry F. Byrd, Sr. that dominated Virginia politics for much of the middle portion of the 20th century...
and its leader's rural priorities and political power base.
Only four counties of more than 90 initially opted not to join the system. Of these, Nottoway County
Nottoway County, Virginia
As of the census of 2000, there were 15,725 people, 5,664 households, and 3,885 families residing in the county. The population density was 50 people per square mile . There were 6,373 housing units at an average density of 20 per square mile...
opted to join the state system in 1933, and in the 1950s, Warwick County
Warwick County, Virginia
Warwick County was a county in Southeast Virginia that was created from Warwick River Shire, one of eight created in the Virginia Colony in 1634. It became the City of Warwick on July 16, 1952...
became an independent city
Warwick, Virginia
Warwick is an extinct independent city which was located in the State of Virginia in the United States from 1952 until 1958. Formed by a political conversion of the former Warwick County, Virginia , it is now part of the independent city of Newport News, Virginia.-History:Warwick River Shire, named...
and was then consolidated with another, forming the modern City of Newport News
Newport News, Virginia
Newport News is an independent city located in the Hampton Roads metropolitan area of Virginia. It is at the southeastern end of the Virginia Peninsula, on the north shore of the James River extending southeast from Skiffe's Creek along many miles of waterfront to the river's mouth at Newport News...
. (By the end of the 20th century, only Arlington
Arlington County, Virginia
Arlington County is a county in the Commonwealth of Virginia. The land that became Arlington was originally donated by Virginia to the United States government to form part of the new federal capital district. On February 27, 1801, the United States Congress organized the area as a subdivision of...
and Henrico
Henrico County, Virginia
Henrico is a county located in the Commonwealth of Virginia, a state of the United States. As of 2010, Henrico was home to 306,935 people. It is located in the Richmond-Petersburg region and is a portion of the Richmond Metropolitan Statistical Area...
Counties continue to maintain their own roads.)
Generally, when an area became part of an independent city, through annexation, merger, consolidation, or conversions, the secondary roads passed from the state system to local responsibility. An exception was made by the General Assembly in the former Nansemond County
Nansemond County, Virginia
Nansemond County is an extinct county which was located in Virginia Colony and the Commonwealth of Virginia in the United States, from 1646 until 1972...
, which like Warwick County, became an independent city (in 1972) and then 18 months later, consolidated with neighboring Suffolk
Suffolk, Virginia
Suffolk is the largest city by area in Virginia, United States, and is located in the Hampton Roads metropolitan area. As of the 2010 census, the city had a total population of 84,585. Its median household income was $57,546.-History:...
in 1974. Under that special arrangement, VDOT maintained secondary routes in Suffolk until July 1, 2006. This arrangement eventually led to new conflicts over ownership and responsibility for the circa 1928 Kings Highway Bridge
Kings Highway Bridge
Kings Highway Bridge was located on the Nansemond River in the independent city of Suffolk, Virginia, United States. Built in 1928, it carried traffic on the Kings Highway, also known as State Route 125, for over 75 years....
across the Nansemond River
Nansemond River
The Nansemond River is a tributary of the James River in the U.S. state of Virginia. The Nansemond River Bridge crosses the river near its mouth. Both it and the former State Route 125 bridge, demolished in 2008, were once toll bridges. The river begins at the outlet of Lake Meade north of...
on State Route 125, which was closed in 2005 by VDOT for safety reasons.
Accomplishments
In the years after 1932, the state worked diligently on secondary roads. In 1932, there were only 2000 miles (3,218.7 km) of hard-surfaced secondary roads, out of almost 36000 miles (57,936.2 km). By 1972, there were only 400 miles (643.7 km) of unpaved secondary roads in Virginia's system.The state's secondary roads system had also grown by 30% from its original size, despite the large geographical areas (and miles of roadway) lost over the years to expanding and additional independent cities and incorporated towns. In the years from 1952 to 1976, virtually all of the counties in the extreme southeastern portion of state in the Hampton Roads
Hampton Roads
Hampton Roads is the name for both a body of water and the Norfolk–Virginia Beach metropolitan area which surrounds it in southeastern Virginia, United States...
region became consolidated into independent cities; Princess Anne County
Princess Anne County, Virginia
Princess Anne County is a former county which was created in the British Colony of Virginia and the Commonwealth of Virginia in the United States in 1691. The county was merged into the city of Virginia Beach...
, Norfolk County
Norfolk County, Virginia
Norfolk County was a county of the South Hampton Roads in eastern Virginia in the United States that was created in 1691. After the American Civil War, for a period of about 100 years, portions of Norfolk County were lost and the territory of the county reduced as they became parts of the separate...
, Nansemond County, Elizabeth City County
Elizabeth City County, Virginia
Elizabeth City County was a county in southeastern Virginia from 1634 to 1952. Originally created in 1634 as Elizabeth River Shire, it was one of eight shires created in the Virginia Colony by order of the King of England. In 1636, it was subdivided, and the portion north of the harbor of Hampton...
, and Warwick County all became extinct, although as previously noted, Warwick County was never in the state secondary road system, and Nansemond County received a special exception to stay in the system for an additional 30 years, which ended in 2006. In most other areas of the state, additional towns became incorporated and/or converted to independent city status, and both groups grew in territory, primarily through annexations, such as large portions of Chesterfield County
Chesterfield County, Virginia
Chesterfield County is a county located in the Commonwealth of Virginia, a state of the United States. In 2010, its population was estimated to be 316,236. Chesterfield County is now the fourth-largest municipality in Virginia . Its county seat is Chesterfield...
that were annexed by the City of Richmond
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
in 1944 and 1970.
Problems
However, despite VDOT's (and its predecessor agencies') accomplishments, the relationship between the counties and the state highway officials since 1932 has always been somewhat strained. The 1932 Act took not only financial responsibility from the counties and transferred it to the state, but power and authority as well. Under the Code of Virginia, as amended, "The Boards of Supervisors or other governing bodies...shall have no control, supervision, management, and jurisdiction over...the secondary system of state highways" (§33.1-69).Considering changes in structure, local control
Late in the 20th century, the problems inherent in this arrangement became especially apparent with regards to the secondary roads system in many fast-growing suburban counties outside incorporated towns and cities. A state-sponsored study in 1998 focused on 14 of the fastest-growing counties identified such issues as drainage, speed limits, and planning and coordination of roads with development as those local leaders felt should be within their ability to control, while the authority to do so was in fact, held by a state agency instead. Citizens seeking accountability, accused both the various county and VDOT officials of finger-pointing. According to the report, "Such an arrangement is unusual among the 50 states."In the early 21st century, the Virginia General Assembly
Virginia General Assembly
The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, and the oldest legislative body in the Western Hemisphere, established on July 30, 1619. The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, with 100 members,...
was considering legislation to allow some counties to choose to resume control and care for the secondary highways within their boundaries. James City County
James City County, Virginia
James City County is a county located on the Virginia Peninsula in the Hampton Roads metropolitan area of the Commonwealth of Virginia, a state of the United States. Its population was 67,009 , and it is often associated with Williamsburg, an independent city, and Jamestown which is within the...
, with a population that grew by 56% between 1980 and 1990 according to the 1998 VDOT study, was reported by the local news media to be under consideration for a pilot project of this type. Similarly, in 2009 Fairfax County Chairman Sharon Bulova
Sharon Bulova
Sharon Bulova is currently the chairman of the Fairfax County, Virginia Board of Supervisors after having beaten Republican Pat Herrity in a special election held February 3, 2009. The special election was held to replace fellow Democrat Gerry Connolly who was elected to the US House of...
and County Executive Anthony H. Griffin have proposed changing Fairfax County into an Independent City in order to regain local control of the county's secondary roads.