Excavation permits and rules in Virginia

Anyone digging in Virginia has to notify Virginia 811 before work starts. Call 811 before digging, and don't start until every utility has responded. Utilities have until 7 a.m. on the third working day after your call to mark their lines.^1-2

Text of the law

The notice period under Code of Virginia 56-265.14 to 56-265.32 (Underground Utility Damage Prevention Act): Operators must mark and report to the positive response system by 7:00 a.m. on the third working day following the locate request; the excavator may begin only after confirming a positive response from each operator. A scheduled excavation date may be given, not less than 48 hours nor more than 12 working days from the locate request.^1-2

Virginia licenses contractors through the Virginia Board for Contractors (Department of Professional and Occupational Regulation). A license is needed for jobs over $1,000. The class depends on the job's size: C under $30,000, B under $150,000 and A at $150,000 or more. Highway/heavy (H/H) classification lists excavating, grading and clearing among its functions.^3-4

Text of the law

Class C over $1,000 but less than $30,000 per contract; Class B $30,000 or more but less than $150,000 per contract; Class A $150,000 or more per contract (or annual totals as stated in 54.1-1100).^3-4

A stormwater permit is needed at 10,000 sq ft for a state erosion and stormwater plan (2,500 sq ft in Chesapeake Bay Preservation Areas; localities may go lower); VPDES construction permit coverage at 1 acre, or less if part of a larger common plan of development or sale that disturbs 1 acre or more. Coverage is under the Virginia Erosion and Stormwater Management Program (VESMP); General VPDES Permit for Discharges of Stormwater from Construction Activities (VAR10), effective July 1, 2024 through June 30, 2029.^5-6