Snow Nightmare Exacerbated by VDOT

The recent snows have made travel by bike and foot difficult and dangerous in many parts of the region.  This morning I thought I would go see what the trail looks like between my house in Dominion Hills and the East Falls Church Metro station.  Imagine my shock when I saw this:

This is on the W&OD/Custis Trail about 1/4 mile east of the East Falls Church Metro station.  The retaining wall on the right is I-66 and the bridge ahead goes across 4-Mile Run.  Evidently the state DOT dumped the snow from I-66 over the retaining wall onto the trail.  I presume while they were up there on the highway, they just assumed that when it went over the side the snow would just disappear.  Obviously they did not look over to see what was there.  It's terrifying to imagine what would have happened if someone had actually been trying to travel on the trail at the time.

I can't imagine that Arlington County gave the state permission to dump their snow onto the trail.  As it is, the County is having significant difficulty figuring out where to put its own snow--let alone having to clean up this, too.

Traveling on the trails has been hard enough (or impossible) lately without the "piling on" by the state.  Here are a couple more photos (sorry for the poor quality; I took them with my phone).  Click to enlarge.

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Steve Offutt of Arlington does not own snowshoes

Comments

[Kevin Beekman]

See the pic of the snow VDOT dumped on the 4MR trail extension under I-395 here: http://www.arlandria.org/2010/02/arlandrian-news-round-up-were-melting.html

[SJE]

VA code says that they can act to prevent any obstruction of the right of way.

� 15.2-2009. Obstructions or encroachments.

A locality may prevent any unlawful obstruction of or encroachment over, under or in any street, highway, road, alley, bridge, viaduct, subway, underpass or other public right-of-way or place; may provide penalties for maintaining any such unlawful obstruction or encroachment; may remove the same and charge the cost thereof to the owner or occupant of the property so obstructing or encroaching; and may collect the cost in any manner provided by law for the collection of state or local taxes. The locality may require the owner or occupant of the property so obstructing or encroaching to remove the property and, pending such removal, may charge the owner of the property so obstructing or encroaching compensation for the use of such portion of the street, highway, road, alley, bridge, viaduct, subway, underpass or other public right-of-way or place obstructed or encroached upon the equivalent of what would be the tax upon the land so occupied if it were owned by the owner of the property so obstructing or encroaching. If removal is not accomplished within the time ordered, the locality may impose penalties for each day that the obstruction or encroachment is allowed to continue. The locality may authorize encroachments upon such public rights-of-way and places subject to such terms and conditions as the governing body may prescribe. However, owners or occupants shall be liable for negligence on account of such encroachment, and the governing body may institute and prosecute a suit or action in ejectment or other appropriate proceedings to recover possession of any such public right-of-way or place or any other property unlawfully occupied or encroached upon.

(Code 1950, � 15-77.57; 1958, c. 328; 1962, c. 623, � 15.1-893; 1997, c. 587.)

Section 33.1-346 specifically bans dumping on public rights of way, but does not specify if snow or ice would be considered dumping.