{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-265.32.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-265.32.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-265.32.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-265.32.html"}],"law_id":73298,"edition_id":1,"section_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","history":"1994, c. 890; 2001, c. 351; 2002, c. 348; 2010, c. 205; 2023, cc. 299, 300.","full_text":"A\n\nThe Commission may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, impose a civil penalty not exceeding $10,000 for each violation of subsection A of § 56-265.17 and $5,000 for all other violations of this chapter, if it is proved that the person violated any of the provisions of this chapter as a result of a failure to exercise reasonable care. Any proceeding or civil penalty undertaken pursuant to this section shall not prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action. This subsection shall not authorize the Commission to impose civil penalties on any county, city, town, or other political subdivision. However, the Commission shall inform the counties, cities, towns, and other political subdivisions of reports of alleged violations involving the locality or political subdivision and, at the request of the locality or political subdivision, suggest corrective action.B\n\nIf the Commission asserts there is recurring noncompliance with any of the provisions of this chapter by a county, city, town, or other political subdivision, the Commission, upon written notice to the chairman of such operator’s board or, in the case of a city or town, the mayor of such operator’s council, and to such operator’s chief executive officer, may require a written response by such person or his designee. Such response shall be made within 30 days of the operator’s receipt of written notice from the Commission. The response shall confirm that the operator will comply promptly or explain why it disputes any assertion by the Commission of noncompliance. If the operator is not able to return to compliance promptly, the operator shall describe its plan to achieve compliance in a corrective action plan to be submitted to the Commission no later than 60 days after the receipt of the written notice. Following submittal of a corrective action plan, the Commission may convene a hearing for the purpose of receiving additional evidence, determining whether noncompliance has occurred, and determining further suggested corrective action. The Commission may also convene such a hearing if the operator fails to provide a written response or a corrective action plan as required by this subsection, or provides a response that disputes the Commission’s assertions. Nothing in this section shall limit the Commission’s powers under this chapter with respect to persons who are not counties, cities, towns, or political subdivisions of the Commonwealth.C\n\nThe Underground Utility Damage Prevention Special Fund (hereinafter referred to as Special Fund) is hereby established as a revolving fund to be used by the Commission for administering the regulatory program authorized by this chapter. The Special Fund shall be composed entirely of funds generated by and for the enforcement of this chapter. Enforcement of this chapter also includes education and outreach provided by the Commission for training and educational programs for excavators, operators, utility line locators, and other persons. Excess funds shall be used to support any one or more of the following: (i) public awareness programs established by a notification center pursuant to subsection B of § 56-265.16:1; (ii) training and education programs for excavators, operators, line locators, and other persons; and (iii) programs providing incentives for excavators, operators, line locators, and other persons to reduce the number and severity of violations of the Act. The Commission shall determine the appropriate allocation of any excess funds among such programs, and shall establish required elements for any program established under clause (ii) or (iii).D\n\nAll civil penalties collected pursuant to this section shall be deposited into the Underground Utility Damage Prevention Special Fund. Interest earned on the fund shall be credited to the Special Fund. The Special Fund shall be established on the books of the Commission comptroller and any funds remaining in the Underground Utility Damage Prevention Special Fund at the end of the fiscal year shall not revert to the general fund, but shall remain in the Special Fund.","order_by":null,"text":{"0":{"id":263773,"text":"The Commission may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, impose a civil penalty not exceeding $10,000 for each violation of subsection A of § 56-265.17 and $5,000 for all other violations of this chapter, if it is proved that the person violated any of the provisions of this chapter as a result of a failure to exercise reasonable care. Any proceeding or civil penalty undertaken pursuant to this section shall not prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action. This subsection shall not authorize the Commission to impose civil penalties on any county, city, town, or other political subdivision. However, the Commission shall inform the counties, cities, towns, and other political subdivisions of reports of alleged violations involving the locality or political subdivision and, at the request of the locality or political subdivision, suggest corrective action.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":263774,"text":"If the Commission asserts there is recurring noncompliance with any of the provisions of this chapter by a county, city, town, or other political subdivision, the Commission, upon written notice to the chairman of such operator’s board or, in the case of a city or town, the mayor of such operator’s council, and to such operator’s chief executive officer, may require a written response by such person or his designee. Such response shall be made within 30 days of the operator’s receipt of written notice from the Commission. The response shall confirm that the operator will comply promptly or explain why it disputes any assertion by the Commission of noncompliance. If the operator is not able to return to compliance promptly, the operator shall describe its plan to achieve compliance in a corrective action plan to be submitted to the Commission no later than 60 days after the receipt of the written notice. Following submittal of a corrective action plan, the Commission may convene a hearing for the purpose of receiving additional evidence, determining whether noncompliance has occurred, and determining further suggested corrective action. The Commission may also convene such a hearing if the operator fails to provide a written response or a corrective action plan as required by this subsection, or provides a response that disputes the Commission’s assertions. Nothing in this section shall limit the Commission’s powers under this chapter with respect to persons who are not counties, cities, towns, or political subdivisions of the Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":263775,"text":"The Underground Utility Damage Prevention Special Fund (hereinafter referred to as Special Fund) is hereby established as a revolving fund to be used by the Commission for administering the regulatory program authorized by this chapter. The Special Fund shall be composed entirely of funds generated by and for the enforcement of this chapter. Enforcement of this chapter also includes education and outreach provided by the Commission for training and educational programs for excavators, operators, utility line locators, and other persons. Excess funds shall be used to support any one or more of the following: (i) public awareness programs established by a notification center pursuant to subsection B of § 56-265.16:1; (ii) training and education programs for excavators, operators, line locators, and other persons; and (iii) programs providing incentives for excavators, operators, line locators, and other persons to reduce the number and severity of violations of the Act. The Commission shall determine the appropriate allocation of any excess funds among such programs, and shall establish required elements for any program established under clause (ii) or (iii).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":263776,"text":"All civil penalties collected pursuant to this section shall be deposited into the Underground Utility Damage Prevention Special Fund. Interest earned on the fund shall be credited to the Special Fund. The Special Fund shall be established on the books of the Commission comptroller and any funds remaining in the Underground Utility Damage Prevention Special Fund at the end of the fiscal year shall not revert to the general fund, but shall remain in the Special Fund.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-265.32\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 890<\/a> 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. It has been modified 4 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 2001, chapter 351<\/a>; in 2002, chapter 348<\/a>; in 2010, chapter 205<\/a>; in 2023, chapters 299<\/a> and 300<\/a>.<\/p>","references":false,"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\/"}],"permalink":{"id":249375,"object_type":"law","relational_id":73298,"identifier":"56-265.32","token":"56\/10.3\/56-265.32","url":"\/56-265.32\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-265.32\/","token":"56\/10.3\/56-265.32","dublin_core":{"Title":"Commission to impose civil penalties for certain violations; establishment of Underground Utility Damage Prevention Special Fund","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-265.32","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span> may, by judgment<\/span> entered after a hearing<\/span> on notice duly served on any person<\/span> not less than 30 days before the date of the hearing<\/span>, impose a civil penalty<\/span> not exceeding $10,000 for each violation of subsection A of § 56-265.17<\/a> and $5,000 for all other violations of this chapter, if it is proved that the person<\/span> violated any of the provisions of this chapter as a result of a failure to exercise reasonable care. Any proceeding or civil penalty<\/span> undertaken pursuant to this section shall not prevent nor preempt the right of any party<\/span> to obtain civil damages<\/span> for personal injury or property damage in private causes of action. This subsection shall not authorize the Commission<\/span> to impose civil penalties on any county, city, town, or other political subdivision. However, the Commission<\/span> shall inform the counties, cities, towns, and other political subdivisions of reports of alleged violations involving the locality or political subdivision and, at the request of the locality or political subdivision, suggest corrective action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the Commission<\/span> asserts there is recurring noncompliance with any of the provisions of this chapter by a county, city, town, or other political subdivision, the Commission<\/span>, upon written notice to the chairman of such operator’s board or, in the case of a city or town, the mayor of such operator’s council, and to such operator’s chief executive officer, may require a written response by such person<\/span> or his designee. Such response shall be made within 30 days of the operator’s receipt of written notice from the Commission<\/span>. The response shall confirm that the operator will comply promptly or explain why it disputes any assertion by the Commission<\/span> of noncompliance. If the operator is not able to return to compliance promptly, the operator shall describe its plan to achieve compliance in a corrective action plan to be submitted to the Commission<\/span> no later than 60 days after the receipt of the written notice. Following submittal of a corrective action plan, the Commission<\/span> may convene a hearing<\/span> for the purpose of receiving additional evidence<\/span>, determining whether noncompliance has occurred, and determining further suggested corrective action. The Commission<\/span> may also convene such a hearing<\/span> if the operator fails to provide a written response or a corrective action plan as required by this subsection, or provides a response that disputes the Commission<\/span>’s assertions. Nothing in this section shall limit the Commission<\/span>’s powers under this chapter with respect to persons<\/span> who are not counties, cities, towns, or political subdivisions of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Underground Utility Damage Prevention Special Fund (hereinafter referred to as Special Fund) is hereby established as a revolving fund to be used by the Commission<\/span> for administering the regulatory program authorized by this chapter. The Special Fund shall be composed entirely of funds generated by and for the enforcement of this chapter. Enforcement of this chapter also includes education and outreach provided by the Commission<\/span> for training and educational programs for excavators, operators, utility line locators, and other persons<\/span>. Excess funds shall be used to support any one or more of the following: (i) public awareness programs established by a notification center pursuant to subsection B of § 56-265.16:1<\/a>; (ii) training and education programs for excavators, operators, line locators, and other persons<\/span>; and (iii) programs providing incentives for excavators, operators, line locators, and other persons<\/span> to reduce the number and severity of violations of the Act. The Commission<\/span> shall determine the appropriate allocation of any excess funds among such programs, and shall establish required elements for any program established under clause (ii) or (iii). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> All civil penalties collected pursuant to this section shall be deposited into the Underground Utility Damage Prevention Special Fund. Interest earned on the fund shall be credited to the Special Fund. The Special Fund shall be established on the books of the Commission<\/span> comptroller and any funds remaining in the Underground Utility Damage Prevention Special Fund at the end of the fiscal year shall not revert to the general fund, but shall remain in the Special Fund. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMISSION TO IMPOSE CIVIL PENALTIES FOR CERTAIN VIOLATIONS; ESTABLISHMENT OF\nUNDERGROUND UTILITY DAMAGE PREVENTION SPECIAL FUND (\u00a7 56-265.32)\n\nA. The Commission may, by judgment entered after a hearing on notice duly served\non any person not less than 30 days before the date of the hearing, impose a\ncivil penalty not exceeding $10,000 for each violation of subsection A of §\n56-265.17 and $5,000 for all other violations of this chapter, if it is proved\nthat the person violated any of the provisions of this chapter as a result of a\nfailure to exercise reasonable care. Any proceeding or civil penalty undertaken\npursuant to this section shall not prevent nor preempt the right of any party to\nobtain civil damages for personal injury or property damage in private causes of\naction. This subsection shall not authorize the Commission to impose civil\npenalties on any county, city, town, or other political subdivision. However,\nthe Commission shall inform the counties, cities, towns, and other political\nsubdivisions of reports of alleged violations involving the locality or\npolitical subdivision and, at the request of the locality or political\nsubdivision, suggest corrective action.\n\nB. If the Commission asserts there is recurring noncompliance with any of the\nprovisions of this chapter by a county, city, town, or other political\nsubdivision, the Commission, upon written notice to the chairman of such\noperator’s board or, in the case of a city or town, the mayor of such\noperator’s council, and to such operator’s chief executive officer,\nmay require a written response by such person or his designee. Such response\nshall be made within 30 days of the operator’s receipt of written notice\nfrom the Commission. The response shall confirm that the operator will comply\npromptly or explain why it disputes any assertion by the Commission of\nnoncompliance. If the operator is not able to return to compliance promptly, the\noperator shall describe its plan to achieve compliance in a corrective action\nplan to be submitted to the Commission no later than 60 days after the receipt\nof the written notice. Following submittal of a corrective action plan, the\nCommission may convene a hearing for the purpose of receiving additional\nevidence, determining whether noncompliance has occurred, and determining\nfurther suggested corrective action. The Commission may also convene such a\nhearing if the operator fails to provide a written response or a corrective\naction plan as required by this subsection, or provides a response that disputes\nthe Commission’s assertions. Nothing in this section shall limit the\nCommission’s powers under this chapter with respect to persons who are not\ncounties, cities, towns, or political subdivisions of the Commonwealth.\n\nC. The Underground Utility Damage Prevention Special Fund (hereinafter referred\nto as Special Fund) is hereby established as a revolving fund to be used by the\nCommission for administering the regulatory program authorized by this chapter.\nThe Special Fund shall be composed entirely of funds generated by and for the\nenforcement of this chapter. Enforcement of this chapter also includes education\nand outreach provided by the Commission for training and educational programs\nfor excavators, operators, utility line locators, and other persons. Excess\nfunds shall be used to support any one or more of the following: (i) public\nawareness programs established by a notification center pursuant to subsection B\nof § 56-265.16:1; (ii) training and education programs for excavators,\noperators, line locators, and other persons; and (iii) programs providing\nincentives for excavators, operators, line locators, and other persons to reduce\nthe number and severity of violations of the Act. The Commission shall determine\nthe appropriate allocation of any excess funds among such programs, and shall\nestablish required elements for any program established under clause (ii) or\n(iii).\n\nD. All civil penalties collected pursuant to this section shall be deposited\ninto the Underground Utility Damage Prevention Special Fund. Interest earned on\nthe fund shall be credited to the Special Fund. The Special Fund shall be\nestablished on the books of the Commission comptroller and any funds remaining\nin the Underground Utility Damage Prevention Special Fund at the end of the\nfiscal year shall not revert to the general fund, but shall remain in the\nSpecial Fund.\n\nHISTORY: 1994, c. 890; 2001, c. 351; 2002, c. 348; 2010, c. 205; 2023, cc. 299,\n300.","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}}