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Permits and property

Do you need a permit for a driveway in Virginia?

The short answer

Two separate desks answer two different questions, and a yes from one is not a yes from the other. The county building official decides whether the work itself needs a building permit, and a driveway is not named on either of Virginia's exemption lists, so it rides on that official's judgment. Where the driveway meets a road VDOT maintains, VDOT has to approve the entrance first.

Two desks, and neither one answers for the other

The mistake almost everybody makes here is treating this as one question with one answer. Pouring the driveway is a building code question and it is answered at the county building department. Connecting that driveway to the road is a right of way question and it is answered by VDOT. A yes from one desk is not a yes from the other, and a homeowner can end up needing nothing from the first one and a written permit from the second.

So work them in that order and work them separately. What your neighbor did last summer settles neither, because the first desk is a person exercising judgment and the second desk depends on who maintains the road in front of your house. Get one answer and assume the other and you can be exactly right about half of your own driveway.

Desk one, the county building official

Virginia runs one building code, the Uniform Statewide Building Code, and it carries two separate exemption lists that do two different jobs. Section 102.3 exempts certain things from the code entirely. Section 108.2 exempts other things from the permit application and its related inspections. A residential driveway is not named on either one.

What ordinary driveway work usually rides on instead is Section 108.2 item 13, and the verb in it matters more than anything else on either list: the building official has to deem the work minor and ordinary, and the work has to leave public health and general safety unharmed. That is a judgment somebody makes about your job, not a rule you can look up and rely on, and the somebody is a different person in every county. In Carroll County outside the Town of Hillsville that is the Building Official's office at 605-1 Pine Street, 276-730-3016, and inside the town limits the Town of Hillsville issues its own building permits. The point of the call is to get that read made on your job, because until somebody makes it, it does not exist.

In Grayson County the same read belongs to the Building Department in Independence, and because that county's own FAQ prints an exemption list with this discretion missing from it, the Grayson County permit guide is the better thing to read before you ring them. In either county a phone call settles the question and more reading does not.

The list people wave at us, and why a driveway is not on it

Virginia does have a hard exemption for parking lots and sidewalks, and it is worth knowing about, because it is stronger than the permit list. Section 102.3 item 6 exempts "Parking lots and sidewalks that are not part of an accessible route," and Section 102.3 exempts from the code itself, not merely from the application. Work that lands there is outside the building code, full stop.

It still does not answer the driveway question, and we are not going to stretch it so that it looks like it does. Nothing in item 6 establishes that a residential driveway is a parking lot or a sidewalk, nothing in it says who decides that, and a driveway is not named in it. A driveway is unnamed on both lists and it is a building official's call. That plain version is worth more to you than a citation that will not hold up at the counter.

And read the sentence the permit list opens with, because it is the one that stops every overreach. The exemptions, it says, "shall not be construed to exempt such activities from other applicable requirements of this code." No permit is not the same thing as no rules. Thickness, base, steel and drainage do not stop mattering because nobody came out to look at them. That half is ours, and it is what our driveway page is about.

Desk two, where the driveway meets the road

This is the one people are surprised by and it is the one that actually bites. If your driveway ties into a road VDOT maintains, the entrance is not yours to build on your own say so. VDOT has to approve where the entrance goes and issue a permit before anything is built in the right of way, and it can act against an entrance that went in without one. That is the whole of what this page will say about the instrument.

The rest belongs to the permit rather than to the question this page asks. What it is called, whose name it runs to, what it costs, which office takes it, how you find out whether the road out front is VDOT's at all, and the several things an issued permit does not clear, are worked through on the entrance permit answer, with the residency offices and the forms on our VDOT entrance permit page. Take the two desks in order and take the second one there.

Across the state line the second desk flips

If the job is in North Carolina, do not carry the Virginia paragraph across with you, because the default runs the other way. NCDOT's rule says driveway connections to residences are "normally excluded" from the permit requirement, but may be included at the Department's option, and it lists the circumstances where the Department may pull one back in. Carry the word normally when you repeat that, because the Department decides and it is free to ask. We work the North Carolina side of it on the NCDOT driveway permit page and the Virginia side on our Virginia permits page.

Two questions we are deliberately leaving open

How far from your property line the driveway can run is not a permit question at all. It comes out of a local zoning ordinance, in the counties and towns that have one, and the building code has nothing to say about it. That mechanism, and why there may be no number to find, is the property line answer.

Whether a slab poured as the floor of a building needs anything of its own is a different answer again, because that concrete rides on the building's permit instead of standing on its own, and the garage slab answer takes that contrast apart. Whether a local ordinance counts flatwork as a structure in the first place is the patio answer. None of those is settled by anything above, and a driveway answer should not be stretched to cover them.

Good questions

Do you need a permit for a driveway in Virginia?

There are two answers, not one. From the county, whatever the building official decides, because a driveway is not named on either Virginia exemption list and Section 108.2 item 13 leaves it to that official to treat the work as minor and ordinary or not. At the road it is a different story: if VDOT maintains the road, the entrance location has to be approved and the permit issued before anything is built in the right of way. Call your county building department and your VDOT residency office, and ask both.

The county says I need nothing from them. Does that clear the pour?

Clear at that desk. The second question is still open, so ask it out loud: is the road VDOT maintained, and does any part of what you are pouring land inside the right of way. We found no published address lookup for that, so it is a phone call to the office covering your county, or to the town or city where the street is not a state one. The entrance permit answer says which office that is. The call costs nothing and it is a lot cheaper than finding out afterward.

Does replacing a driveway that is already there change the answer?

Not at the first desk. The exemption list does not name driveways at all, new or replaced, so the building official's read is still the read. At the road, the entrance rule is written about constructing an entrance within the right of way, and whether reworking an existing one counts is a question for your VDOT residency office rather than one we are going to answer for them. Ask before the tear out starts, not after.

Two desks between you and a poured driveway

Call us on 276-733-3750, say where the driveway meets the road, and we will name the offices to ring before anybody orders concrete.

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