56-265.23 - Exemption for roadway maintenance operations by the Virginia Department of Transportation and certain counties, cities, and towns. - Virginia Statutes

§ 56-265.23. Exemption for roadway maintenance operations by the VirginiaDepartment of Transportation and certain counties, cities, and towns.

Employees of the Virginia Department of Transportation acting within thescope of their employment, and certain employees of those counties, cities,and towns which maintain their streets or roads in accordance with §33.1-23.5:1 or § 33.1-41.1 performing street or roadway maintenanceoperations and acting within the scope of their employment, excavatingentirely within the right-of-way of a public road, street or highway of theCommonwealth shall not be required to comply with the provisions of thischapter if reasonable care is taken to protect the utility lines placed inthe right-of-way by permit and if they:

1. Excavate within the limits of the original excavation; on the traveledway, shoulders or drainage features of a public road, street, or highway andany excavation does not exceed eighteen inches (0.45 meter) in depth belowthe grade existing prior to such excavation; or

2. Are replacing previously existing structures in their previous locations.

(1979, c. 291; 1994, c. 890.)