{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-265.15.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-265.15.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-265.15.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-265.15.html"}],"law_id":58284,"edition_id":1,"section_id":58284,"structure_id":12882,"section_number":"56-265.15","catch_line":"Definitions; calculation of time periods","history":"1979, c. 291; 1980, cc. 696, 710; 1992, c. 192; 1994, c. 890; 1996, c. 79; 2002, c. 841; 2010, cc. 205, 777, 832; 2023, cc. 299, 300.","full_text":"A\n\nAs used in this chapter:\n\t\t\t&#8220;Abandoned&#8221; means no longer in service and physically disconnected from a portion of the underground utility line that is in use for storage or conveyance of service.\n\t\t\t&#8220;Contract locator&#8221; means any person contracted by an operator specifically to determine the approximate horizontal location of the operator&#8217;s utility lines that may exist within the area specified by a locate request.\n\t\t\t&#8220;Damage&#8221; means any impact upon or removal of support from an underground facility as a result of excavation or demolition which according to the operating practices of the operator would necessitate the repair of such facility.\n\t\t\t&#8220;Demolish&#8221; or &#8220;demolition&#8221; means any operation by which a structure or mass of material is wrecked, razed, rendered, moved, or removed by means of any tools, equipment, or discharge of explosives which could damage underground utility lines.\n\t\t\t&#8220;Designer&#8221; means any licensed professional designated by the project owner who designs government projects, commercial projects, residential projects consisting of 25 or more units, or industrial projects, which projects require the approval of governmental or regulatory authorities having jurisdiction over the project area.\n\t\t\t&#8220;Emergency&#8221; means a sudden or unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.\n\t\t\t&#8220;Excavate&#8221; or &#8220;excavation&#8221; means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of any tools, equipment, or explosives and includes, without limitation, grading, trenching, digging, ditching, dredging, drilling, augering, tunneling, scraping, cable or pipe plowing and driving, wrecking, razing, rendering, moving, or removing any structure or mass of material. &#8220;Excavate&#8221; or &#8220;excavation&#8221; does not include installation of a sign that consists of metal, plastic, or wooden poles placed in the ground by hand or by foot without the use of tools or equipment.\n\t\t\t&#8220;Exigent circumstances&#8221; means circumstances outside of an operator&#8217;s or contract locator&#8217;s, as described in subsection D of &#xA7; 56-265.19, control that necessarily prevent an operator or locator from completing the marking task, including a wrong address provided with the locate request; failure to provide a reasonably specific location of proposed excavation; inaccessibility of the excavation site due to physical barrier or risk of serious bodily injury; a locate request that cannot be carried out by a traditional locating method and requires assistance from the operator; catastrophic technological failure outside of the locator&#8217;s, operator&#8217;s, or notification center&#8217;s control; or the area of excavation does not conform with the requirements of subsection F of &#xA7; 56-265.17.\n\t\t\t&#8220;Extraordinary circumstances&#8221; means floods, snow, ice storms, tornadoes, earthquakes, or other natural disasters.\n\t\t\t&#8220;Hand digging&#8221; means any excavation involving nonmechanized tools or equipment. Hand digging includes, but is not limited to, digging with shovels, picks, and manual post hole diggers, vacuum excavation or soft digging.\n\t\t\t&#8220;Locate request&#8221; means the completed delivery of information to the notification center requesting markings for a specified area of excavation or demolition and receipt of the same by the notification center in accordance with this chapter.\n\t\t\t&#8220;Notification center&#8221; means an organization whose membership is open to all operators of underground facilities located within the notification center&#8217;s designated service area, which maintains a data base, provided by its member operators, that includes the geographic areas in which its member operators desire transmissions of notices of proposed excavation, and which has the capability to transmit, within one hour of receipt, notices of proposed excavation to member operators by electronic means.\n\t\t\t&#8220;Notify,&#8221; &#8220;notice&#8221; or &#8220;notification&#8221; means the completed delivery of information to the person to be notified, and the receipt of same by such person in accordance with this chapter. The delivery of information includes the use of any electronic or technological means of data transfer.\n\t\t\t&#8220;Operator&#8221; means any person who owns, furnishes or transports materials or services by means of a utility line.\n\t\t\t&#8220;Person&#8221; means any individual, operator, firm, joint venture, partnership, corporation, association, municipality, or other political subdivision, governmental unit, department or agency, and includes any trustee, receiver, assignee, or personal representative thereof.\n\t\t\t&#8220;Positive response&#8221; means a code or phrase posted by an operator or locator to the notification center detailing the marking status of a locate request.\n\t\t\t&#8220;Positive response system&#8221; means the excavator-operator information exchange system that is required by subsection E of &#xA7; 56-265.16:1 and provides the means for operators or their contract locators to respond to and report the marking status of a locate request.\n\t\t\t&#8220;Private sewer lateral&#8221; means a privately owned, legally authorized utility line that transports wastewater from one or more buildings to a sewer system utility line owned by a sewer system operator.\n\t\t\t&#8220;Private water lateral&#8221; means a privately owned, legally authorized utility line that supplies water from a water system utility line owned by a water system operator to one or more buildings or properties.\n\t\t\t&#8220;Sewer system&#8221; means a system of utility lines used for conveying wastewater, and includes sewer system laterals but does not include private sewer laterals.\n\t\t\t&#8220;Sewer system lateral&#8221; means a lateral utility line located in the public right-of-way or public sewer easement, owned by a sewer system operator, and used to transport wastewater to the operator&#8217;s main sewer line.\n\t\t\t&#8220;Sewer system operator&#8221; means an operator of a sewer system.\n\t\t\t&#8220;Soft digging&#8221; means any excavation using tools or equipment that utilize air or water pressure as the direct means to break up soil or earth for removal by vacuum excavation.\n\t\t\t&#8220;Utility line&#8221; means any item of public or private property which is buried or placed below ground or submerged for use in connection with the storage or conveyance of water, sewage, telecommunications, electric energy, cable television, oil, petroleum products, gas, or other substances, and includes pipes, sewers, combination storm\/sanitary sewer systems, conduits, cables, valves, lines, wires, manholes, attachments, and those portions of poles below ground. The term &#8220;sewage&#8221; does not include any gravity storm drainage systems. Except for any publicly owned gravity sewer system within a county which has adopted the urban county executive form of government, the term &#8220;utility line&#8221; does not include any gravity sewer system or any combination gravity storm\/sanitary sewer system within any counties, cities, towns or political subdivisions constructed or replaced prior to January 1, 1995. No excavator shall be held liable for the cost to repair damage to any such systems constructed or replaced prior to January 1, 1995, unless such systems are located in accordance with &#xA7; 56-265.19.\n\t\t\t&#8220;Water system&#8221; means a system of utility lines used for supplying water, and does not include private water laterals.\n\t\t\t&#8220;Water system operator&#8221; means an operator of a water system.\n\t\t\t&#8220;Willful&#8221; means an act done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently.\n\t\t\t&#8220;Working day&#8221; means every day, except Saturdays, Sundays, and legal state and national holidays.B\n\nUnless otherwise specified, all time periods used in this chapter shall be calculated from the time of the original locate request as provided in &#xA7; 56-265.17. In addition, all time periods exclude Saturdays, Sundays, and legal state and national holidays.","order_by":null,"text":{"0":{"id":213531,"text":"As used in this chapter:\n\t\t\t&#8220;Abandoned&#8221; means no longer in service and physically disconnected from a portion of the underground utility line that is in use for storage or conveyance of service.\n\t\t\t&#8220;Contract locator&#8221; means any person contracted by an operator specifically to determine the approximate horizontal location of the operator&#8217;s utility lines that may exist within the area specified by a locate request.\n\t\t\t&#8220;Damage&#8221; means any impact upon or removal of support from an underground facility as a result of excavation or demolition which according to the operating practices of the operator would necessitate the repair of such facility.\n\t\t\t&#8220;Demolish&#8221; or &#8220;demolition&#8221; means any operation by which a structure or mass of material is wrecked, razed, rendered, moved, or removed by means of any tools, equipment, or discharge of explosives which could damage underground utility lines.\n\t\t\t&#8220;Designer&#8221; means any licensed professional designated by the project owner who designs government projects, commercial projects, residential projects consisting of 25 or more units, or industrial projects, which projects require the approval of governmental or regulatory authorities having jurisdiction over the project area.\n\t\t\t&#8220;Emergency&#8221; means a sudden or unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.\n\t\t\t&#8220;Excavate&#8221; or &#8220;excavation&#8221; means any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of any tools, equipment, or explosives and includes, without limitation, grading, trenching, digging, ditching, dredging, drilling, augering, tunneling, scraping, cable or pipe plowing and driving, wrecking, razing, rendering, moving, or removing any structure or mass of material. &#8220;Excavate&#8221; or &#8220;excavation&#8221; does not include installation of a sign that consists of metal, plastic, or wooden poles placed in the ground by hand or by foot without the use of tools or equipment.\n\t\t\t&#8220;Exigent circumstances&#8221; means circumstances outside of an operator&#8217;s or contract locator&#8217;s, as described in subsection D of &#xA7; 56-265.19, control that necessarily prevent an operator or locator from completing the marking task, including a wrong address provided with the locate request; failure to provide a reasonably specific location of proposed excavation; inaccessibility of the excavation site due to physical barrier or risk of serious bodily injury; a locate request that cannot be carried out by a traditional locating method and requires assistance from the operator; catastrophic technological failure outside of the locator&#8217;s, operator&#8217;s, or notification center&#8217;s control; or the area of excavation does not conform with the requirements of subsection F of &#xA7; 56-265.17.\n\t\t\t&#8220;Extraordinary circumstances&#8221; means floods, snow, ice storms, tornadoes, earthquakes, or other natural disasters.\n\t\t\t&#8220;Hand digging&#8221; means any excavation involving nonmechanized tools or equipment. Hand digging includes, but is not limited to, digging with shovels, picks, and manual post hole diggers, vacuum excavation or soft digging.\n\t\t\t&#8220;Locate request&#8221; means the completed delivery of information to the notification center requesting markings for a specified area of excavation or demolition and receipt of the same by the notification center in accordance with this chapter.\n\t\t\t&#8220;Notification center&#8221; means an organization whose membership is open to all operators of underground facilities located within the notification center&#8217;s designated service area, which maintains a data base, provided by its member operators, that includes the geographic areas in which its member operators desire transmissions of notices of proposed excavation, and which has the capability to transmit, within one hour of receipt, notices of proposed excavation to member operators by electronic means.\n\t\t\t&#8220;Notify,&#8221; &#8220;notice&#8221; or &#8220;notification&#8221; means the completed delivery of information to the person to be notified, and the receipt of same by such person in accordance with this chapter. The delivery of information includes the use of any electronic or technological means of data transfer.\n\t\t\t&#8220;Operator&#8221; means any person who owns, furnishes or transports materials or services by means of a utility line.\n\t\t\t&#8220;Person&#8221; means any individual, operator, firm, joint venture, partnership, corporation, association, municipality, or other political subdivision, governmental unit, department or agency, and includes any trustee, receiver, assignee, or personal representative thereof.\n\t\t\t&#8220;Positive response&#8221; means a code or phrase posted by an operator or locator to the notification center detailing the marking status of a locate request.\n\t\t\t&#8220;Positive response system&#8221; means the excavator-operator information exchange system that is required by subsection E of &#xA7; 56-265.16:1 and provides the means for operators or their contract locators to respond to and report the marking status of a locate request.\n\t\t\t&#8220;Private sewer lateral&#8221; means a privately owned, legally authorized utility line that transports wastewater from one or more buildings to a sewer system utility line owned by a sewer system operator.\n\t\t\t&#8220;Private water lateral&#8221; means a privately owned, legally authorized utility line that supplies water from a water system utility line owned by a water system operator to one or more buildings or properties.\n\t\t\t&#8220;Sewer system&#8221; means a system of utility lines used for conveying wastewater, and includes sewer system laterals but does not include private sewer laterals.\n\t\t\t&#8220;Sewer system lateral&#8221; means a lateral utility line located in the public right-of-way or public sewer easement, owned by a sewer system operator, and used to transport wastewater to the operator&#8217;s main sewer line.\n\t\t\t&#8220;Sewer system operator&#8221; means an operator of a sewer system.\n\t\t\t&#8220;Soft digging&#8221; means any excavation using tools or equipment that utilize air or water pressure as the direct means to break up soil or earth for removal by vacuum excavation.\n\t\t\t&#8220;Utility line&#8221; means any item of public or private property which is buried or placed below ground or submerged for use in connection with the storage or conveyance of water, sewage, telecommunications, electric energy, cable television, oil, petroleum products, gas, or other substances, and includes pipes, sewers, combination storm\/sanitary sewer systems, conduits, cables, valves, lines, wires, manholes, attachments, and those portions of poles below ground. The term &#8220;sewage&#8221; does not include any gravity storm drainage systems. Except for any publicly owned gravity sewer system within a county which has adopted the urban county executive form of government, the term &#8220;utility line&#8221; does not include any gravity sewer system or any combination gravity storm\/sanitary sewer system within any counties, cities, towns or political subdivisions constructed or replaced prior to January 1, 1995. No excavator shall be held liable for the cost to repair damage to any such systems constructed or replaced prior to January 1, 1995, unless such systems are located in accordance with &#xA7; 56-265.19.\n\t\t\t&#8220;Water system&#8221; means a system of utility lines used for supplying water, and does not include private water laterals.\n\t\t\t&#8220;Water system operator&#8221; means an operator of a water system.\n\t\t\t&#8220;Willful&#8221; means an act done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently.\n\t\t\t&#8220;Working day&#8221; means every day, except Saturdays, Sundays, and legal state and national holidays.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":213532,"text":"Unless otherwise specified, all time periods used in this chapter shall be calculated from the time of the original locate request as provided in &#xA7; 56-265.17. In addition, all time periods exclude Saturdays, Sundays, and legal state and national holidays.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":12882,"edition_id":1,"name":"Underground Utility Damage Prevention Act","identifier":"10.3","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":249261,"object_type":"structure","relational_id":12882,"identifier":"10.3","token":"56\/10.3","url":"\/56\/10.3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12881,"edition_id":1,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":248473,"object_type":"structure","relational_id":12881,"identifier":"56","token":"56","url":"\/56\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67078,"structure_id":12882,"section_number":"56-265.14","catch_line":"Short title","url":"\/56-265.14\/","token":"56\/10.3\/56-265.14","metadata":false},{"id":58284,"structure_id":12882,"section_number":"56-265.15","catch_line":"Definitions; calculation of time periods","url":"\/56-265.15\/","token":"56\/10.3\/56-265.15","metadata":false},{"id":77182,"structure_id":12882,"section_number":"56-265.15:1","catch_line":" Exemptions; routine maintenance","url":"\/56-265.15_1\/","token":"56\/10.3\/56-265.15_1","metadata":false},{"id":84032,"structure_id":12882,"section_number":"56-265.16","catch_line":"Repealed","url":"\/56-265.16\/","token":"56\/10.3\/56-265.16","metadata":false},{"id":56272,"structure_id":12882,"section_number":"56-265.16:1","catch_line":"Operators to join notification centers; certification","url":"\/56-265.16_1\/","token":"56\/10.3\/56-265.16_1","metadata":false},{"id":71572,"structure_id":12882,"section_number":"56-265.17","catch_line":"Notification required prior to excavation or demolition; waiting periods; marking of proposed site","url":"\/56-265.17\/","token":"56\/10.3\/56-265.17","metadata":false},{"id":83153,"structure_id":12882,"section_number":"56-265.17:1","catch_line":"Notification and procedures for designers","url":"\/56-265.17_1\/","token":"56\/10.3\/56-265.17_1","metadata":false},{"id":61626,"structure_id":12882,"section_number":"56-265.17:2","catch_line":"Procedures for project owners","url":"\/56-265.17_2\/","token":"56\/10.3\/56-265.17_2","metadata":false},{"id":81609,"structure_id":12882,"section_number":"56-265.17:3","catch_line":"Procedures for operators in response to a designer notice","url":"\/56-265.17_3\/","token":"56\/10.3\/56-265.17_3","metadata":false},{"id":87274,"structure_id":12882,"section_number":"56-265.18","catch_line":"Notification requirements","url":"\/56-265.18\/","token":"56\/10.3\/56-265.18","metadata":false},{"id":56575,"structure_id":12882,"section_number":"56-265.19","catch_line":"Duties of operator; regulations","url":"\/56-265.19\/","token":"56\/10.3\/56-265.19","metadata":false},{"id":76344,"structure_id":12882,"section_number":"56-265.19:1","catch_line":"Private sewer laterals and sewer system laterals","url":"\/56-265.19_1\/","token":"56\/10.3\/56-265.19_1","metadata":false},{"id":61252,"structure_id":12882,"section_number":"56-265.20","catch_line":"Repealed","url":"\/56-265.20\/","token":"56\/10.3\/56-265.20","metadata":false},{"id":80434,"structure_id":12882,"section_number":"56-265.20:1","catch_line":"Locating nonmetallic underground utility lines","url":"\/56-265.20_1\/","token":"56\/10.3\/56-265.20_1","metadata":false},{"id":77696,"structure_id":12882,"section_number":"56-265.21","catch_line":"Marking by color","url":"\/56-265.21\/","token":"56\/10.3\/56-265.21","metadata":false},{"id":64117,"structure_id":12882,"section_number":"56-265.22","catch_line":"Duties of notification center upon notification by person intending to excavate; record of notification made by telephone required","url":"\/56-265.22\/","token":"56\/10.3\/56-265.22","metadata":false},{"id":66270,"structure_id":12882,"section_number":"56-265.22:1","catch_line":"Meetings between excavators and operators","url":"\/56-265.22_1\/","token":"56\/10.3\/56-265.22_1","metadata":false},{"id":87171,"structure_id":12882,"section_number":"56-265.23","catch_line":"Exemption for roadway maintenance operations by the Virginia Department of Transportation and certain counties, cities, and towns","url":"\/56-265.23\/","token":"56\/10.3\/56-265.23","metadata":false},{"id":68853,"structure_id":12882,"section_number":"56-265.24","catch_line":"Duties of excavator","url":"\/56-265.24\/","token":"56\/10.3\/56-265.24","metadata":false},{"id":84234,"structure_id":12882,"section_number":"56-265.24:1","catch_line":"Request to cease operation; immediate threat; penalty","url":"\/56-265.24_1\/","token":"56\/10.3\/56-265.24_1","metadata":false},{"id":57821,"structure_id":12882,"section_number":"56-265.25","catch_line":"Liability of operator and excavator; penalties","url":"\/56-265.25\/","token":"56\/10.3\/56-265.25","metadata":false},{"id":54008,"structure_id":12882,"section_number":"56-265.26","catch_line":"Repealed","url":"\/56-265.26\/","token":"56\/10.3\/56-265.26","metadata":false},{"id":84847,"structure_id":12882,"section_number":"56-265.26:1","catch_line":"Utility line depth requirement","url":"\/56-265.26_1\/","token":"56\/10.3\/56-265.26_1","metadata":false},{"id":77994,"structure_id":12882,"section_number":"56-265.27","catch_line":"Repealed","url":"\/56-265.27\/","token":"56\/10.3\/56-265.27","metadata":false},{"id":86798,"structure_id":12882,"section_number":"56-265.28","catch_line":"Sovereign immunity","url":"\/56-265.28\/","token":"56\/10.3\/56-265.28","metadata":false},{"id":79358,"structure_id":12882,"section_number":"56-265.29","catch_line":"Other similar laws","url":"\/56-265.29\/","token":"56\/10.3\/56-265.29","metadata":false},{"id":56066,"structure_id":12882,"section_number":"56-265.30","catch_line":"Authority of the State Corporation Commission","url":"\/56-265.30\/","token":"56\/10.3\/56-265.30","metadata":false},{"id":54014,"structure_id":12882,"section_number":"56-265.31","catch_line":"Commission to establish advisory committee","url":"\/56-265.31\/","token":"56\/10.3\/56-265.31","metadata":false},{"id":73298,"structure_id":12882,"section_number":"56-265.32","catch_line":"Commission to impose civil penalties for certain violations; establishment of Underground Utility Damage Prevention Special Fund","url":"\/56-265.32\/","token":"56\/10.3\/56-265.32","metadata":false}],"previous_section":{"id":67078,"structure_id":12882,"section_number":"56-265.14","catch_line":"Short title","url":"\/56-265.14\/","token":"56\/10.3\/56-265.14","metadata":false},"next_section":{"id":77182,"structure_id":12882,"section_number":"56-265.15:1","catch_line":" Exemptions; routine maintenance","url":"\/56-265.15_1\/","token":"56\/10.3\/56-265.15_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-265.15\/","history_text":"<p>This law was first created in 1979. The record of its establishment is cataloged in chapter 291 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1980, chapters 696 and 710; in 1992, chapter 192; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0890\">890<\/a>; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0079\">79<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0841\">841<\/a>; in 2010, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0205\">205<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0777\">777<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0832\">832<\/a>; in 2023, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0299\">299<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0300\">300<\/a>.<\/p>","references":[{"id":61910,"section_number":"2.2-1151.1","catch_line":"Conveyances of right-of-way usage to certain nonpublic service companies by the Department of Transportation","order_by":null,"url":"\/2.2-1151.1\/"},{"id":86555,"section_number":"56-257","catch_line":"Manner of installing underground utility lines","order_by":null,"url":"\/56-257\/"},{"id":59346,"section_number":"56-257.5","catch_line":"Manner of installing underground utility lines through agricultural operation","order_by":null,"url":"\/56-257.5\/"},{"id":77182,"section_number":"56-265.15:1","catch_line":" Exemptions; routine maintenance","order_by":null,"url":"\/56-265.15_1\/"},{"id":71572,"section_number":"56-265.17","catch_line":"Notification required prior to excavation or demolition; waiting periods; marking of proposed site","order_by":null,"url":"\/56-265.17\/"},{"id":84234,"section_number":"56-265.24:1","catch_line":"Request to cease operation; immediate threat; penalty","order_by":null,"url":"\/56-265.24_1\/"}],"refers_to":[{"id":56272,"section_number":"56-265.16:1","catch_line":"Operators to join notification centers; certification","order_by":null,"url":"\/56-265.16_1\/"},{"id":71572,"section_number":"56-265.17","catch_line":"Notification required prior to excavation or demolition; waiting periods; marking of proposed site","order_by":null,"url":"\/56-265.17\/"},{"id":56575,"section_number":"56-265.19","catch_line":"Duties of operator; regulations","order_by":null,"url":"\/56-265.19\/"}],"permalink":{"id":249267,"object_type":"law","relational_id":58284,"identifier":"56-265.15","token":"56\/10.3\/56-265.15","url":"\/56-265.15\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-265.15\/","token":"56\/10.3\/56-265.15","dublin_core":{"Title":"Definitions; calculation of time periods","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-265.15","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> As used in this chapter:\n\t\t\t&#8220;<span class=\"dictionary\">Abandoned<\/span>&#8221; means no longer in service and physically disconnected from a portion of the underground <span class=\"dictionary\">utility line<\/span> that is in use for storage or conveyance of service.\n\t\t\t&#8220;<span class=\"dictionary\">Contract locator<\/span>&#8221; means any <span class=\"dictionary\">person<\/span> contracted by an operator specifically to determine the approximate horizontal location of the operator&#8217;s <span class=\"dictionary\">utility lines<\/span> that may exist within the area specified by a <span class=\"dictionary\">locate request<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Damage<\/span>&#8221; means any impact upon or removal of support from an underground facility as a result of <span class=\"dictionary\">excavation<\/span> or <span class=\"dictionary\">demolition<\/span> which according to the operating practices of the operator would necessitate the repair of such facility.\n\t\t\t&#8220;<span class=\"dictionary\">Demolish<\/span>&#8221; or &#8220;<span class=\"dictionary\">demolition<\/span>&#8221; means any operation by which a structure or mass of <span class=\"dictionary\">material<\/span> is wrecked, razed, rendered, moved, or removed by means of any tools, equipment, or discharge of explosives which could <span class=\"dictionary\">damage<\/span> underground <span class=\"dictionary\">utility lines<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Designer<\/span>&#8221; means any licensed professional designated by the project owner who designs government projects, commercial projects, residential projects consisting of 25 or more units, or industrial projects, which projects require the approval of governmental or regulatory authorities having <span class=\"dictionary\">jurisdiction<\/span> over the project area.\n\t\t\t&#8220;<span class=\"dictionary\">Emergency<\/span>&#8221; means a sudden or unexpected occurrence involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or <span class=\"dictionary\">damage<\/span> to, life, health, property, or essential public services.\n\t\t\t&#8220;<span class=\"dictionary\">Excavate<\/span>&#8221; or &#8220;<span class=\"dictionary\">excavation<\/span>&#8221; means any operation in which earth, rock, or other <span class=\"dictionary\">material<\/span> in the ground is moved, removed, or otherwise displaced by means of any tools, equipment, or explosives and includes, without limitation, grading, trenching, digging, ditching, dredging, drilling, augering, tunneling, scraping, cable or pipe plowing and driving, wrecking, razing, rendering, moving, or removing any structure or mass of <span class=\"dictionary\">material<\/span>. &#8220;<span class=\"dictionary\">Excavate<\/span>&#8221; or &#8220;<span class=\"dictionary\">excavation<\/span>&#8221; does not include installation of a sign that consists of metal, plastic, or wooden poles placed in the ground by hand or by foot without the use of tools or equipment.\n\t\t\t&#8220;<span class=\"dictionary\">Exigent circumstances<\/span>&#8221; means circumstances outside of an operator&#8217;s or <span class=\"dictionary\">contract locator<\/span>&#8217;s, as described in subsection D of &#xA7; <a class=\"law\" title=\"Duties of operator; regulations\" href=\"\/56-265.19\/\">56-265.19<\/a>, control that necessarily prevent an operator or locator from completing the marking task, including a wrong address provided with the <span class=\"dictionary\">locate request<\/span>; failure to provide a reasonably specific location of proposed <span class=\"dictionary\">excavation<\/span>; inaccessibility of the <span class=\"dictionary\">excavation<\/span> site due to physical barrier or risk of serious bodily injury; a <span class=\"dictionary\">locate request<\/span> that cannot be carried out by a traditional locating method and requires assistance from the operator; catastrophic technological failure outside of the locator&#8217;s, operator&#8217;s, or <span class=\"dictionary\">notification center<\/span>&#8217;s control; or the area of <span class=\"dictionary\">excavation<\/span> does not conform with the requirements of subsection F of &#xA7; <a class=\"law\" title=\"Notification required prior to excavation or demolition; waiting periods; marking of proposed site\" href=\"\/56-265.17\/\">56-265.17<\/a>.\n\t\t\t&#8220;<span class=\"dictionary\">Extraordinary circumstances<\/span>&#8221; means floods, snow, ice storms, tornadoes, earthquakes, or other natural disasters.\n\t\t\t&#8220;<span class=\"dictionary\">Hand digging<\/span>&#8221; means any <span class=\"dictionary\">excavation<\/span> involving nonmechanized tools or equipment. <span class=\"dictionary\">Hand digging<\/span> includes, but is not limited to, digging with shovels, picks, and manual post hole diggers, vacuum <span class=\"dictionary\">excavation<\/span> or <span class=\"dictionary\">soft digging<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Locate request<\/span>&#8221; means the completed delivery of information to the <span class=\"dictionary\">notification center<\/span> requesting markings for a specified area of <span class=\"dictionary\">excavation<\/span> or <span class=\"dictionary\">demolition<\/span> and receipt of the same by the <span class=\"dictionary\">notification center<\/span> in accordance with this chapter.\n\t\t\t&#8220;<span class=\"dictionary\">Notification center<\/span>&#8221; means an organization whose membership is open to all <span class=\"dictionary\">operators<\/span> of underground facilities located within the <span class=\"dictionary\">notification center<\/span>&#8217;s designated service area, which maintains a data base, provided by its member <span class=\"dictionary\">operators<\/span>, that includes the geographic areas in which its member <span class=\"dictionary\">operators<\/span> desire transmissions of <span class=\"dictionary\">notices<\/span> of proposed <span class=\"dictionary\">excavation<\/span>, and which has the capability to transmit, within one hour of receipt, <span class=\"dictionary\">notices<\/span> of proposed <span class=\"dictionary\">excavation<\/span> to member <span class=\"dictionary\">operators<\/span> by electronic means.\n\t\t\t&#8220;Notify,&#8221; &#8220;<span class=\"dictionary\">notice<\/span>&#8221; or &#8220;notification&#8221; means the completed delivery of information to the <span class=\"dictionary\">person<\/span> to be notified, and the receipt of same by such <span class=\"dictionary\">person<\/span> in accordance with this chapter. The delivery of information includes the use of any electronic or technological means of data transfer.\n\t\t\t&#8220;Operator&#8221; means any <span class=\"dictionary\">person<\/span> who owns, furnishes or transports <span class=\"dictionary\">materials<\/span> or services by means of a <span class=\"dictionary\">utility line<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Person<\/span>&#8221; means any individual, operator, firm, joint venture, partnership, <span class=\"dictionary\">corporation<\/span>, association, <span class=\"dictionary\">municipality<\/span>, or other political subdivision, governmental unit, department or agency, and includes any trustee, receiver, assignee, or personal representative thereof.\n\t\t\t&#8220;Positive response&#8221; means a code or phrase posted by an operator or locator to the <span class=\"dictionary\">notification center<\/span> detailing the marking status of a <span class=\"dictionary\">locate request<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Positive response system<\/span>&#8221; means the excavator-operator information exchange system that is required by subsection E of &#xA7; <a class=\"law\" title=\"Operators to join notification centers; certification\" href=\"\/56-265.16_1\/\">56-265.16:1<\/a> and provides the means for <span class=\"dictionary\">operators<\/span> or their <span class=\"dictionary\">contract locators<\/span> to respond to and report the marking status of a <span class=\"dictionary\">locate request<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Private sewer lateral<\/span>&#8221; means a privately owned, legally authorized <span class=\"dictionary\">utility line<\/span> that transports wastewater from one or more buildings to a sewer system <span class=\"dictionary\">utility line<\/span> owned by a <span class=\"dictionary\">sewer system operator<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Private water lateral<\/span>&#8221; means a privately owned, legally authorized <span class=\"dictionary\">utility line<\/span> that supplies water from a water system <span class=\"dictionary\">utility line<\/span> owned by a <span class=\"dictionary\">water system operator<\/span> to one or more buildings or properties.\n\t\t\t&#8220;Sewer system&#8221; means a system of <span class=\"dictionary\">utility lines<\/span> used for conveying wastewater, and includes <span class=\"dictionary\">sewer system laterals<\/span> but does not include <span class=\"dictionary\">private sewer laterals<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Sewer system lateral<\/span>&#8221; means a lateral <span class=\"dictionary\">utility line<\/span> located in the public right-of-way or public sewer easement, owned by a <span class=\"dictionary\">sewer system operator<\/span>, and used to transport wastewater to the operator&#8217;s main sewer line.\n\t\t\t&#8220;<span class=\"dictionary\">Sewer system operator<\/span>&#8221; means an operator of a sewer system.\n\t\t\t&#8220;<span class=\"dictionary\">Soft digging<\/span>&#8221; means any <span class=\"dictionary\">excavation<\/span> using tools or equipment that utilize air or water pressure as the direct means to break up soil or earth for removal by vacuum <span class=\"dictionary\">excavation<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Utility line<\/span>&#8221; means any item of public or private property which is buried or placed below ground or submerged for use in connection with the storage or conveyance of water, <span class=\"dictionary\">sewage<\/span>, telecommunications, electric energy, cable television, oil, petroleum products, gas, or other substances, and includes pipes, sewers, combination storm\/sanitary <span class=\"dictionary\">sewer systems<\/span>, conduits, cables, valves, lines, wires, manholes, <span class=\"dictionary\">attachments<\/span>, and those portions of poles below ground. The term &#8220;<span class=\"dictionary\">sewage<\/span>&#8221; does not include any gravity storm drainage systems. Except for any publicly owned gravity sewer system within a county which has adopted the urban county executive form of government, the term &#8220;<span class=\"dictionary\">utility line<\/span>&#8221; does not include any gravity sewer system or any combination gravity storm\/sanitary sewer system within any counties, cities, towns or political subdivisions constructed or replaced prior to January 1, 1995. No excavator shall be held liable for the cost to repair <span class=\"dictionary\">damage<\/span> to any such systems constructed or replaced prior to January 1, 1995, unless such systems are located in accordance with &#xA7; <a class=\"law\" title=\"Duties of operator; regulations\" href=\"\/56-265.19\/\">56-265.19<\/a>.\n\t\t\t&#8220;Water system&#8221; means a system of <span class=\"dictionary\">utility lines<\/span> used for supplying water, and does not include <span class=\"dictionary\">private water laterals<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Water system operator<\/span>&#8221; means an operator of a water system.\n\t\t\t&#8220;<span class=\"dictionary\">Willful<\/span>&#8221; means an act done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently.\n\t\t\t&#8220;<span class=\"dictionary\">Working day<\/span>&#8221; means every day, except Saturdays, Sundays, and legal state and national holidays. <a id=\"paragraph-213531\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-265.15\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Unless otherwise specified, all time periods used in this chapter shall be calculated from the time of the original <span class=\"dictionary\">locate request<\/span> as provided in &#xA7; <a class=\"law\" title=\"Notification required prior to excavation or demolition; waiting periods; marking of proposed site\" href=\"\/56-265.17\/\">56-265.17<\/a>. In addition, all time periods exclude Saturdays, Sundays, and legal state and national holidays. <a id=\"paragraph-213532\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-265.15\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS; CALCULATION OF TIME PERIODS (\u00a7 56-265.15)\n\nA. As used in this chapter:\n\t\t\t&#8220;Abandoned&#8221; means no longer in service and physically\ndisconnected from a portion of the underground utility line that is in use for\nstorage or conveyance of service.\n\t\t\t&#8220;Contract locator&#8221; means any person contracted by an operator\nspecifically to determine the approximate horizontal location of the\noperator&#8217;s utility lines that may exist within the area specified by a\nlocate request.\n\t\t\t&#8220;Damage&#8221; means any impact upon or removal of support from an\nunderground facility as a result of excavation or demolition which according to\nthe operating practices of the operator would necessitate the repair of such\nfacility.\n\t\t\t&#8220;Demolish&#8221; or &#8220;demolition&#8221; means any operation by\nwhich a structure or mass of material is wrecked, razed, rendered, moved, or\nremoved by means of any tools, equipment, or discharge of explosives which could\ndamage underground utility lines.\n\t\t\t&#8220;Designer&#8221; means any licensed professional designated by the\nproject owner who designs government projects, commercial projects, residential\nprojects consisting of 25 or more units, or industrial projects, which projects\nrequire the approval of governmental or regulatory authorities having\njurisdiction over the project area.\n\t\t\t&#8220;Emergency&#8221; means a sudden or unexpected occurrence involving a\nclear and imminent danger, demanding immediate action to prevent or mitigate\nloss of, or damage to, life, health, property, or essential public services.\n\t\t\t&#8220;Excavate&#8221; or &#8220;excavation&#8221; means any operation in\nwhich earth, rock, or other material in the ground is moved, removed, or\notherwise displaced by means of any tools, equipment, or explosives and\nincludes, without limitation, grading, trenching, digging, ditching, dredging,\ndrilling, augering, tunneling, scraping, cable or pipe plowing and driving,\nwrecking, razing, rendering, moving, or removing any structure or mass of\nmaterial. &#8220;Excavate&#8221; or &#8220;excavation&#8221; does not include\ninstallation of a sign that consists of metal, plastic, or wooden poles placed\nin the ground by hand or by foot without the use of tools or equipment.\n\t\t\t&#8220;Exigent circumstances&#8221; means circumstances outside of an\noperator&#8217;s or contract locator&#8217;s, as described in subsection D of\n&#xA7; 56-265.19, control that necessarily prevent an operator or locator from\ncompleting the marking task, including a wrong address provided with the locate\nrequest; failure to provide a reasonably specific location of proposed\nexcavation; inaccessibility of the excavation site due to physical barrier or\nrisk of serious bodily injury; a locate request that cannot be carried out by a\ntraditional locating method and requires assistance from the operator;\ncatastrophic technological failure outside of the locator&#8217;s,\noperator&#8217;s, or notification center&#8217;s control; or the area of\nexcavation does not conform with the requirements of subsection F of &#xA7;\n56-265.17.\n\t\t\t&#8220;Extraordinary circumstances&#8221; means floods, snow, ice storms,\ntornadoes, earthquakes, or other natural disasters.\n\t\t\t&#8220;Hand digging&#8221; means any excavation involving nonmechanized tools\nor equipment. Hand digging includes, but is not limited to, digging with\nshovels, picks, and manual post hole diggers, vacuum excavation or soft digging.\n\t\t\t&#8220;Locate request&#8221; means the completed delivery of information to\nthe notification center requesting markings for a specified area of excavation\nor demolition and receipt of the same by the notification center in accordance\nwith this chapter.\n\t\t\t&#8220;Notification center&#8221; means an organization whose membership is\nopen to all operators of underground facilities located within the notification\ncenter&#8217;s designated service area, which maintains a data base, provided by\nits member operators, that includes the geographic areas in which its member\noperators desire transmissions of notices of proposed excavation, and which has\nthe capability to transmit, within one hour of receipt, notices of proposed\nexcavation to member operators by electronic means.\n\t\t\t&#8220;Notify,&#8221; &#8220;notice&#8221; or &#8220;notification&#8221;\nmeans the completed delivery of information to the person to be notified, and\nthe receipt of same by such person in accordance with this chapter. The delivery\nof information includes the use of any electronic or technological means of data\ntransfer.\n\t\t\t&#8220;Operator&#8221; means any person who owns, furnishes or transports\nmaterials or services by means of a utility line.\n\t\t\t&#8220;Person&#8221; means any individual, operator, firm, joint venture,\npartnership, corporation, association, municipality, or other political\nsubdivision, governmental unit, department or agency, and includes any trustee,\nreceiver, assignee, or personal representative thereof.\n\t\t\t&#8220;Positive response&#8221; means a code or phrase posted by an operator\nor locator to the notification center detailing the marking status of a locate\nrequest.\n\t\t\t&#8220;Positive response system&#8221; means the excavator-operator\ninformation exchange system that is required by subsection E of &#xA7;\n56-265.16:1 and provides the means for operators or their contract locators to\nrespond to and report the marking status of a locate request.\n\t\t\t&#8220;Private sewer lateral&#8221; means a privately owned, legally\nauthorized utility line that transports wastewater from one or more buildings to\na sewer system utility line owned by a sewer system operator.\n\t\t\t&#8220;Private water lateral&#8221; means a privately owned, legally\nauthorized utility line that supplies water from a water system utility line\nowned by a water system operator to one or more buildings or properties.\n\t\t\t&#8220;Sewer system&#8221; means a system of utility lines used for conveying\nwastewater, and includes sewer system laterals but does not include private\nsewer laterals.\n\t\t\t&#8220;Sewer system lateral&#8221; means a lateral utility line located in\nthe public right-of-way or public sewer easement, owned by a sewer system\noperator, and used to transport wastewater to the operator&#8217;s main sewer\nline.\n\t\t\t&#8220;Sewer system operator&#8221; means an operator of a sewer system.\n\t\t\t&#8220;Soft digging&#8221; means any excavation using tools or equipment that\nutilize air or water pressure as the direct means to break up soil or earth for\nremoval by vacuum excavation.\n\t\t\t&#8220;Utility line&#8221; means any item of public or private property which\nis buried or placed below ground or submerged for use in connection with the\nstorage or conveyance of water, sewage, telecommunications, electric energy,\ncable television, oil, petroleum products, gas, or other substances, and\nincludes pipes, sewers, combination storm\/sanitary sewer systems, conduits,\ncables, valves, lines, wires, manholes, attachments, and those portions of poles\nbelow ground. The term &#8220;sewage&#8221; does not include any gravity storm\ndrainage systems. Except for any publicly owned gravity sewer system within a\ncounty which has adopted the urban county executive form of government, the term\n&#8220;utility line&#8221; does not include any gravity sewer system or any\ncombination gravity storm\/sanitary sewer system within any counties, cities,\ntowns or political subdivisions constructed or replaced prior to January 1,\n1995. No excavator shall be held liable for the cost to repair damage to any\nsuch systems constructed or replaced prior to January 1, 1995, unless such\nsystems are located in accordance with &#xA7; 56-265.19.\n\t\t\t&#8220;Water system&#8221; means a system of utility lines used for supplying\nwater, and does not include private water laterals.\n\t\t\t&#8220;Water system operator&#8221; means an operator of a water system.\n\t\t\t&#8220;Willful&#8221; means an act done intentionally, knowingly, and\npurposely, without justifiable excuse, as distinguished from an act done\ncarelessly, thoughtlessly, heedlessly or inadvertently.\n\t\t\t&#8220;Working day&#8221; means every day, except Saturdays, Sundays, and\nlegal state and national holidays.\n\nB. Unless otherwise specified, all time periods used in this chapter shall be\ncalculated from the time of the original locate request as provided in &#xA7;\n56-265.17. In addition, all time periods exclude Saturdays, Sundays, and legal\nstate and national holidays.\n\nHISTORY: 1979, c. 291; 1980, cc. 696, 710; 1992, c. 192; 1994, c. 890; 1996, c.\n79; 2002, c. 841; 2010, cc. 205, 777, 832; 2023, cc. 299, 300.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}