Virginia § 56-265.23 - Exemption for roadway maintenance operations by the Virginia Department of Transportation and certain counties, cities, and towns
Full text of Virginia Code of Virginia § 56-265.23 — Exemption for roadway maintenance operations by the Virginia Department of Transportation and certain counties, cities, and towns, with citation guidance and answers to common questions.
§ 56-265.23. Exemption for roadway maintenance operations by the Virginia Department of Transportation and certain counties, cities, and towns
Employees of the Virginia Department of Transportation acting within the scope of their employment, and certain employees of those counties, cities, and towns which maintain their streets or roads in accordance with § 33.2-319 or § 33.2-366 performing street or roadway maintenance operations and acting within the scope of their employment, excavating entirely within the right-of-way of a public road, street or highway of the Commonwealth shall not be required to comply with the provisions of this chapter if reasonable care is taken to protect the utility lines placed in the right-of-way by permit and if they:
1. Excavate within the limits of the original excavation; on the traveled way, shoulders or drainage features of a public road, street, or highway and any excavation does not exceed eighteen inches (0.45 meter) in depth below the grade existing prior to such excavation; or
2. Are replacing previously existing structures in their previous locations.
1979, c. 291; 1994, c. 890.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 56-265.23
What does Code of Virginia § 56-265.23 cover?
Section 56-265.23 ("Exemption for roadway maintenance operations by the Virginia Department of Transportation and certain counties, cities, and towns") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 56-265.23?
A common citation format is "Code of Virginia § 56-265.23" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 56-265.23 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.