{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-265.25.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-265.25.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-265.25.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-265.25.html"}],"law_id":57821,"edition_id":1,"section_id":57821,"structure_id":12882,"section_number":"56-265.25","catch_line":"Liability of operator and excavator; penalties","history":"1979, c. 291; 1980, c. 696; 1989, c. 448; 1994, c. 890.","full_text":"A\n\n1. If any underground utility line is damaged as a proximate result of a person’s failure to comply with any provision of this chapter, that person shall be liable to the operator of the underground utility line for the total cost to repair the damaged facilities as that cost is normally computed by the operator, provided the operator is a member of the notification center covering the area in which the damage to the utility line takes place. The liability of such a person for such damage shall not be limited by reason of this chapter.2\n\nAny person who willfully fails to notify the notification center of proposed excavation or demolition shall be liable to the operator as provided in subsection A of § 56-265.17.3\n\nIf, after receiving proper notice, an operator fails to discharge a duty imposed by any provision of this chapter and an underground utility line of such operator is damaged, as a proximate result of the operator’s failure to discharge such duty, by any person who has complied with all of the provisions of this chapter, such person shall not be so liable.B\n\nIf an underground utility line of an operator is damaged, as the proximate result of the operator’s failure to comply with any provision of this chapter, by any person who has complied with the provisions of this chapter, the operator shall be liable to such person for the total cost to repair any damage to the equipment or facilities of such person resulting from such damage to the operator’s underground utility line.C\n\nExcept as specifically set forth herein, the provisions of this chapter shall not be construed to either abrogate any rights, duties, or remedies existing under law or create any rights, duties, defenses, or remedies in addition to any rights, duties, or remedies existing under law.","order_by":null,"text":{"0":{"id":211736,"text":"1. If any underground utility line is damaged as a proximate result of a person’s failure to comply with any provision of this chapter, that person shall be liable to the operator of the underground utility line for the total cost to repair the damaged facilities as that cost is normally computed by the operator, provided the operator is a member of the notification center covering the area in which the damage to the utility line takes place. The liability of such a person for such damage shall not be limited by reason of this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":211737,"text":"Any person who willfully fails to notify the notification center of proposed excavation or demolition shall be liable to the operator as provided in subsection A of § 56-265.17.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"A3"},"2":{"id":211738,"text":"If, after receiving proper notice, an operator fails to discharge a duty imposed by any provision of this chapter and an underground utility line of such operator is damaged, as a proximate result of the operator’s failure to discharge such duty, by any person who has complied with all of the provisions of this chapter, such person shall not be so liable.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"3":{"id":211739,"text":"If an underground utility line of an operator is damaged, as the proximate result of the operator’s failure to comply with any provision of this chapter, by any person who has complied with the provisions of this chapter, the operator shall be liable to such person for the total cost to repair any damage to the equipment or facilities of such person resulting from such damage to the operator’s underground utility line.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"4":{"id":211740,"text":"Except as specifically set forth herein, the provisions of this chapter shall not be construed to either abrogate any rights, duties, or remedies existing under law or create any rights, duties, defenses, or remedies in addition to any rights, duties, or remedies existing under law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-265.25\/","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 3 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, chapter 696; in 1989, chapter 448; in 1994, chapter 890<\/a>.<\/p>","references":[{"id":56575,"section_number":"56-265.19","catch_line":"Duties of operator; regulations","order_by":null,"url":"\/56-265.19\/"}],"refers_to":false,"permalink":{"id":249343,"object_type":"law","relational_id":57821,"identifier":"56-265.25","token":"56\/10.3\/56-265.25","url":"\/56-265.25\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-265.25\/","token":"56\/10.3\/56-265.25","dublin_core":{"Title":"Liability of operator and excavator; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-265.25","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. If any underground utility line is damaged as a proximate result of a person<\/span>’s failure to comply with any provision of this chapter, that person<\/span> shall be liable to the operator of the underground utility line for the total cost to repair the damaged facilities as that cost is normally computed by the operator, provided the operator is a member of the notification center covering the area in which the damage to the utility line takes place. The liability of such a person<\/span> for such damage shall not be limited by reason of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any person<\/span> who willfully fails to notify the notification center of proposed excavation or demolition shall be liable to the operator as provided in subsection A of § 56-265.17<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If, after receiving proper notice, an operator fails to discharge a duty imposed by any provision of this chapter and an underground utility line of such operator is damaged, as a proximate result of the operator’s failure to discharge such duty, by any person<\/span> who has complied with all of the provisions of this chapter, such person<\/span> shall not be so liable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If an underground utility line of an operator is damaged, as the proximate result of the operator’s failure to comply with any provision of this chapter, by any person<\/span> who has complied with the provisions of this chapter, the operator shall be liable to such person<\/span> for the total cost to repair any damage to the equipment or facilities of such person<\/span> resulting from such damage to the operator’s underground utility line. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Except as specifically set forth herein, the provisions of this chapter shall not be construed to either abrogate any rights, duties, or remedies existing under law<\/span> or create any rights, duties, defenses, or remedies in addition to any rights, duties, or remedies existing under law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY OF OPERATOR AND EXCAVATOR; PENALTIES (\u00a7 56-265.25)\n\nA. 1. If any underground utility line is damaged as a proximate result of a\nperson’s failure to comply with any provision of this chapter, that person\nshall be liable to the operator of the underground utility line for the total\ncost to repair the damaged facilities as that cost is normally computed by the\noperator, provided the operator is a member of the notification center covering\nthe area in which the damage to the utility line takes place. The liability of\nsuch a person for such damage shall not be limited by reason of this chapter.\n\n 2. Any person who willfully fails to notify the notification center of\n proposed excavation or demolition shall be liable to the operator as provided\n in subsection A of § 56-265.17.\n\n 3. If, after receiving proper notice, an operator fails to discharge a duty\n imposed by any provision of this chapter and an underground utility line of\n such operator is damaged, as a proximate result of the operator’s\n failure to discharge such duty, by any person who has complied with all of the\n provisions of this chapter, such person shall not be so liable.\n\nB. If an underground utility line of an operator is damaged, as the proximate\nresult of the operator’s failure to comply with any provision of this\nchapter, by any person who has complied with the provisions of this chapter, the\noperator shall be liable to such person for the total cost to repair any damage\nto the equipment or facilities of such person resulting from such damage to the\noperator’s underground utility line.\n\nC. Except as specifically set forth herein, the provisions of this chapter shall\nnot be construed to either abrogate any rights, duties, or remedies existing\nunder law or create any rights, duties, defenses, or remedies in addition to any\nrights, duties, or remedies existing under law.\n\nHISTORY: 1979, c. 291; 1980, c. 696; 1989, c. 448; 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}}