{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-265.23.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-265.23.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-265.23.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-265.23.html"}],"law_id":87171,"edition_id":1,"section_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","history":"1979, c. 291; 1994, c. 890.","full_text":"Employees of the Virginia Department of Transportation acting within the scope of their employment, and certain employees of those counties, cities, and towns which maintain their streets or roads in accordance with \u00a7 33.2-319 or \u00a7 33.2-366 performing street or roadway maintenance operations and acting within the scope of their employment, excavating entirely within the right-of-way of a public road, street or highway of the Commonwealth shall not be required to comply with the provisions of this chapter if reasonable care is taken to protect the utility lines placed in the right-of-way by permit and if they:\n\n1\n\nExcavate within the limits of the original excavation; on the traveled way, shoulders or drainage features of a public road, street, or highway and any excavation does not exceed eighteen inches (0.45 meter) in depth below the grade existing prior to such excavation; or2\n\nAre replacing previously existing structures in their previous locations.","order_by":null,"text":{"0":{"id":312121,"text":"Employees of the Virginia Department of Transportation acting within the scope of their employment, and certain employees of those counties, cities, and towns which maintain their streets or roads in accordance with \u00a7 33.2-319 or \u00a7 33.2-366 performing street or roadway maintenance operations and acting within the scope of their employment, excavating entirely within the right-of-way of a public road, street or highway of the Commonwealth shall not be required to comply with the provisions of this chapter if reasonable care is taken to protect the utility lines placed in the right-of-way by permit and if they:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":312122,"text":"Excavate within the limits of the original excavation; on the traveled way, shoulders or drainage features of a public road, street, or highway and any excavation does not exceed eighteen inches (0.45 meter) in depth below the grade existing prior to such excavation; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":312123,"text":"Are replacing previously existing structures in their previous locations.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-265.23\/","history_text":"

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 1 time. 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. That modification is as follows: in 1994, chapter 890<\/a>.<\/p>","references":false,"refers_to":[{"id":56954,"section_number":"33.2-319","catch_line":"Payments to cities and certain towns for maintenance of certain highways","order_by":null,"url":"\/33.2-319\/"},{"id":56905,"section_number":"33.2-366","catch_line":"Funds for counties that have withdrawn or elect to withdraw from the secondary state highway system","order_by":null,"url":"\/33.2-366\/"}],"permalink":{"id":249331,"object_type":"law","relational_id":87171,"identifier":"56-265.23","token":"56\/10.3\/56-265.23","url":"\/56-265.23\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-265.23\/","token":"56\/10.3\/56-265.23","dublin_core":{"Title":"Exemption for roadway maintenance operations by the Virginia Department of Transportation and certain counties, cities, and towns","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-265.23","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Employees of the Virginia Department of Transportation acting within the scope of their employment, and certain employees of those counties, cities, and towns which maintain their streets or roads in accordance with \u00a7 33.2-319<\/a> or \u00a7 33.2-366<\/a> performing street or roadway maintenance operations and acting within the scope of their employment, excavating entirely within the right-of-way of a public road, street or highway of the Commonwealth shall not be required to comply with the provisions of this chapter if reasonable care is taken to protect the utility lines placed in the right-of-way by permit and if they:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Excavate within the limits of the original excavation; on the traveled way, shoulders or drainage features of a public road, street, or highway and any excavation does not exceed eighteen inches (0.45 meter) in depth below the grade existing prior to such excavation; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Are replacing previously existing structures in their previous locations. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPTION FOR ROADWAY MAINTENANCE OPERATIONS BY THE VIRGINIA DEPARTMENT OF\nTRANSPORTATION AND CERTAIN COUNTIES, CITIES, AND TOWNS (\u00a7 56-265.23)\n\nEmployees of the Virginia Department of Transportation acting within the scope\nof their employment, and certain employees of those counties, cities, and towns\nwhich maintain their streets or roads in accordance with \u00a7 33.2-319 or \u00a7\n33.2-366 performing street or roadway maintenance operations and acting within\nthe scope of their employment, excavating entirely within the right-of-way of a\npublic road, street or highway of the Commonwealth shall not be required to\ncomply with the provisions of this chapter if reasonable care is taken to\nprotect the utility lines placed in the right-of-way by permit and if they:\n\n1. Excavate within the limits of the original excavation; on the traveled way,\nshoulders or drainage features of a public road, street, or highway and any\nexcavation does not exceed eighteen inches (0.45 meter) in depth below the grade\nexisting prior to such excavation; or\n\n2. Are replacing previously existing structures in their previous locations.\n\nHISTORY: 1979, c. 291; 1994, c. 890.","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}}