                                 CODE OF VIRGINIA

 EXEMPTIONS; ROUTINE MAINTENANCE (§ 56-265.15:1)

Nothing in this chapter shall apply to:

1. Any hand digging performed by an owner or occupant of a property.

2. The tilling of soil for agricultural purposes.

3. Any excavation done by a railroad when the excavation is made entirely on the
land which the railroad owns and on which the railroad operates, provided there
is no encroachment on any operator&#8217;s rights-of-way or easements.

4. An excavation or demolition during an emergency, as defined in &#xA7;
56-265.15, provided all reasonable precaution has been taken to protect the
underground utility lines.
			In the case of the state highway systems or streets and roads maintained by
political subdivisions, officials of the Department of Transportation or the
political subdivision where the use of such highways, roads, streets or other
public way is impaired by an unforeseen occurrence shall determine the necessity
of repair beginning immediately after the occurrence.

5. Any excavation for routine pavement maintenance, including patch type paving
or the milling of pavement surfaces, upon the paved portion of any street, road,
or highway of the Commonwealth provided that any such excavation does not exceed
a depth of twelve inches (0.3 meter).

6. Any excavation for the purpose of mining pursuant to and in accordance with
the requirements of a permit issued by the Department of Energy.

7. Any hand digging performed by an operator to locate the operator&#8217;s
utility lines in response to a notice of excavation from the notification
center, provided all reasonable precaution has been taken to protect the
underground utility lines.

8. Any installation of a sign that does not involve excavation as defined in
&#xA7; 56-265.15.

HISTORY: 1994, c. 890; 1996, c. 79; 2002, c. 841; 2010, cc. 777, 832; 2021, Sp.
Sess. I, c. 532.