                                 CODE OF VIRGINIA

MANNER OF INSTALLING UNDERGROUND UTILITY LINES THROUGH AGRICULTURAL OPERATION
(§ 56-257.5)

A. For purposes of this section:
			&#8220;Topsoil&#8221; means at least 12 inches of the surface soil layer or a
six-inch layer of soil that includes the surface soil and the unconsolidated
subsoil immediately below it.
			&#8220;Underground utility line&#8221; means an underground pipeline or
conduit of an inside diameter greater than 12 inches or an underground
electrical transmission or distribution line of a capacity greater than 115
kilovolts.

B. Every operator, as defined in &#xA7; 56-265.15, having the right to install
an underground utility line shall install such underground utility line in
accordance with regulations adopted pursuant to subsection C.

C. The Commission shall adopt regulations applicable to any operator that is
subject to the provisions of subsection B. The regulations shall require that if
such operator, in the course of installing the underground utility line,
disturbs an area of land that measures 10,000 square feet or more and
constitutes one or more agricultural operations, as defined in &#xA7; 3.2-300,
the operator shall, if desired by the landowner or land management agency,
either (i) redistribute the topsoil removed from the disturbed area to graded
areas elsewhere on the land of the affected property owner or (ii) if
insufficient graded areas are available as sites for such redistribution,
stockpile the topsoil removed from the disturbed area until it can be
redistributed on the area initially disturbed. The regulations shall require
that redistributed topsoil be placed on scarified land and that stockpiled
topsoil be protected from erosion and compaction. If the property owner does not
agree, then the topsoil shall be disposed of in accordance with applicable law.

HISTORY: 2020, c. 666.