The Dulles Greenway is unique among toll roads in Virginia as the only one regulated by the Virginia State Corporation Commission (SCC).  The Greenway is not a monopoly; motorists have access to viable, un-tolled alternative routes if they wish to avoid paying tolls.

Under the Virginia Highway Act of 1988, the operator of the Greenway was not granted the power of eminent domain, requiring all property for the project to be acquired through private negotiations-a costly and time-consuming process for its private investors.  Similar to a utility, the SCC regulates the Greenway’s authorized rate of return.  However, unlike a traditional utility, the investment horizon is finite.  Once the specified terms ends, the Greenway will be transferred to the Commonwealth of Virginia at no cost and investors will no longer have any involvement or claim to returns.  In contrast, all other private toll roads in Virginia fall under the Public-Private Transportation Act (PPTA) and are regulated by the Virginia Department of Transportation (VDOT).