1. A. TODS assemblies may only be installed within public right- of-way maintained by VDOT and will be excluded from any cities and towns of 5,000 or more population and Arlington County and Henrico County. VDOT will not acquire rights-of-way or easements, or otherwise enter into agreements for the purposes of installing TODS assemblies.

2. B. A facility will be eligible to participate as a TODS—Category I if it is open to the general public; a substantial portion of its products or services are of significant interest to tourists; it derives its major portion of income or visitors during the normal business season from road users not residing in the area of the facility, defined as within 15 miles; the facility falls within one of the acceptable TODS sites; and it meets the following criteria:

   1. 1. Is located within 15 miles of the intersection of a nonlimited access state primary system highway where the initial TODS panel is to be located at the nearest primary intersection along the selected route;
   2. 2. Has the name of the facility prominently displayed on the premises in such a manner that it is readily visible to motorists from the public highway on which the business is located;
   3. 3. Is open a minimum of six hours per day, five days per week during at least a 12-consecutive-week period each year, except this requirement shall not apply to certain facilities such as arenas, auditoriums, civic centers, farmer's markets, farm markets, wineries and flea markets;
   4. 4. Is in continuous operation at least six hours per day, five days per week during its normal season or the normal operating season for the type of business;
   5. 5. Is licensed and approved by the appropriate state or local agencies, or both, regulating the particular type of business or activity;
   6. 6. For camping businesses, meets Specific Travel Services (Logo) Signing Program criteria to be eligible for participation;
   7. 7. Complies with all applicable laws concerning the provision of public accommodations without regard to age, race, religion, color, sex, national origin, or accessibility by the physically handicapped;
   8. 8. Agrees to abide by all rules, regulations, policies, procedures and criteria associated with the program; and
   9. 9. Agrees that in any cases of dispute or other disagreement with the rules, regulations, policies, procedures and criteria or applications of the program, the decision of the State Traffic Engineer shall be final and binding.

3. C. In addition to the facilities listed as acceptable TODS sites, gas, food and lodging establishments may participate in the TODS Program as a TODS—Category II site provided they meet all of the TODS—Category I criteria with the exception that the following criteria apply:

   1. 1. Is located within three miles of the intersection of a nonlimited access state primary or secondary system highway where the initial TODS panel is to be located; and
   2. 2. Meets the Specific Travel Services (Logo) Signing Program—Category II criteria for its respective type of facility and agrees to be bumped in accordance with the bumping policy for a Category II facility.

4. D. The following table lists acceptable sites for TODS:

   	TODS PROGRAM ACCEPTABLE SITES Category I
   	Cultural	Art/craft center Gallery Museum Historic building	Historic cemetery Historic site Historic district
   	Recreational	Amphitheater Amusement park Aquarium Arboretum Arena Auditorium Boat landing/marina Botanical garden Campground Camp Civic center Coliseum Concert hall Equestrian center Fairground	Golf course Natural attraction Natural resource agency(1) Pavilion Race track Park - national Park - municipal Park - privately owned Park - regional Park - theme Ski resort Stadium Water-oriented business Zoo
   	Retail Tourism	Agribusiness Antique business Auction house Bed and breakfast Brewery Distillery Farm market	Farmer's market Flea market Nursery/greenhouse Regional retail facility Restaurant(2) Winery
   	Schools	Colleges & universities (main campus or satellite campus facilities)
   	Trails	DGIF Birding & Wildlife Civil War Virginia Wine Others as approved by VDOT
   	Other	Conference center Power plant Research facility
   	(1) VDOT shall waive requirements and conditions of participation in the TODS Program as may be necessary to provide adequate signage for facilities maintained by the agencies within Virginia's Natural Resources Secretariat. The requirements and conditions that may be waived include, but are not limited to, (i) the required proximity of a facility to an initial sign structure and (ii) the limitation that signage be provided only at the nearest primary highway.
   	(2) Shall not be a franchise or part of a national chain. Food Category II can be a franchise or part of a national chain.

5. E. The following sites are excluded from participation in the TODS Program. The exclusion relates only to qualification under these categories. These facilities may participate if qualifying under another acceptable category.

   	TODS PROGRAM EXCLUDED SITES
   	Business/commercial	Adult entertainment facility Funeral home Industrial park or plant Media facility Movie theater	Office park Radio station Television station Truck terminal
   	Governmental	Local jail Local police/sheriff's office Post office
   	Medical	Drug rehabilitation facility Extended care facility Fraternal home Hospital Humane facility Infirmary	Mental facility Nursing home Retirement home Sanitarium Treatment center Veterans facility
   	Miscellaneous	Animal shelter Cemetery/columbarium Mobile home park	Subdivision Veterinary facility
   	Religious	Cathedral Chapel Church Mosque	Shrine Synagogue Temple Other religious sites

Statutory Authority

§§ 33.2-210 and 33.2-1220 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 22, Issue 24, eff. September 6, 2006.