A resolution passed by the Botetourt County Board of Supervisors last Tuesday provides assurances regarding land use permits issued by VDOT during the construction of the new Botetourt County Courthouse in Fincastle.
Agenda notes share that developers seeking to do work that could potentially result in damage to VDOT rights of way must post a bond for potential repair work. However, local governments are allowed to give a resolution of assurances that provides that they will restore the rights of way to standard and that the county is a financially responsible party in lieu of a bond.
In order to qualify for this, the Board of Supervisors unanimously passed the resolution assuming this responsibility. Under the current construction contract, general contractor Jamerson-Lewis is required to do the restoration.
The key points of the resolution are:
- Compliance with Permit Conditions – Botetourt County assures VDOT that it will fully comply with all conditions of land use permits related to public works and utility projects on state highways.
- Liability Coverage – The county commits to carrying liability insurance or self-insurance to cover potential personal injury and property damage arising from permitted activities, with coverage of up to $1 million per occurrence.
- Authorization of the County Administrator – The County Administrator, or a designee, is authorized to execute all necessary permits and related documents and ensure the continuation of required insurance coverage.
- Continuing Resolution – The resolution remains in effect unless revoked with a 60-day written notice to VDOT.
- Surety Bond Commitment – If requested by VDOT, the county will provide a letter confirming the use of a contractor’s surety or require a dual obligation rider to add VDOT as an obligee, ensuring work performed within state-maintained rights-of-way meets permit terms.
The resolution formalizes the county’s responsibilities in securing and complying with land use permits for infrastructure projects on state roads.
~ Fincastle Herald staff report
