reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.2:1 - Small Water or Sewer Public Utility Act › § 56-265.13:6.1. Appointment of receiver; penalty

A. The Commission may, either upon petition of two-thirds of the affected customers or upon petition of its staff or upon a petition of the Board of Health, appoint a receiver to operate a small water or sewer utility which is unable or unwilling to provide adequate service to its customers. The utility shall be deemed to be unable or unwilling to provide adequate service if the Commission finds, after notice to the utility and the Department of Health and hearing, that:
1. The utility has failed to supply water or sewer service to a majority of the consumers for five days or more during the preceding three months for reasons within the control of the water and sewer utility; or
2. The Department of Health has certified that the utility has not met Department standards regarding the provision of an adequate quality and quantity of public drinking water and the Department of Health has found that the utility is unwilling to take action to meet these standards; or
3. The utility is grossly mismanaged; or
4. The utility has failed to comply with an order of the Commission to provide adequate service to the customers.
Upon appointment, the receiver shall take possession of the assets of the utility and operate them in the best interests of the customers. Control of and responsibility for the utility shall remain in the receiver until the utility can, in the best interests of customers, be returned to the original owners, transferred to new owners, or liquidated, whichever the Commission may determine to be in the public interest.
B. The provisions of §§ 8.01-583 through 8.01-590 shall apply mutatis mutandis. The receiver shall be empowered to make application to the Commission for temporary and permanent rate increases and changes in the utility's rules and regulations.
C. If the Commission determines that the utility's actions that caused it to be placed under the control and responsibility of the receiver, under this section, were due to intentional misappropriation or wrongful diversion of the assets or income of such utility or to other willful misconduct by any director, officer, or manager of the utility, it may require such director, officer, or manager to make restitution to the utility. In addition to the foregoing, any such director, officer, manager, or affiliate that commits such misappropriation or wrongful diversion or fails, neglects, or refuses to obey an order, rule, direction, or requirement of the Commission to make restitution to the utility shall be subject to a civil penalty of no more than $500 for each offense, and each day of such conduct shall constitute a separate offense.
1994, c. 311.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.2:1 - Small Water or Sewer Public Utility Act › § 56-265.13:7. Regulation by State Corporation Commission

A. Every small water or sewer utility subject to this chapter shall be subject only to the following provisions: §§ 56-234.4, 56-236, 56-239, 56-245, 56-245.1, 56-246, 56-247.1 through 56-248, 56-249 through 56-249.2, 56-250, 56-254, 56-256 through 56-265, and Chapters 1 (§ 56-1 et seq.), 2 (§ 56-49 et seq.), 5 (§ 56-88 et seq.) and 10.1 (§ 56-265.1 et seq.) of Title 56. Small water or sewer utilities shall not be subject to Chapters 3 (§ 56-55 et seq.) and 4 (§ 56-76 et seq.) of Title 56.
B. The Commission is authorized to promulgate any rules necessary to implement this chapter.
1986, c. 323; 1992, c. 376; 1994, c. 313; 1996, c. 48.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.15:1. Exemptions; routine maintenance

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's rights-of-way or easements.
4. An excavation or demolition during an emergency, as defined in § 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'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 § 56-265.15.
1994, c. 890; 1996, c. 79; 2002, c. 841; 2010, cc. 777, 832; 2021, Sp. Sess. I, c. 532.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.16:1. Operators to join notification centers; certification

A. Every operator, including counties, cities and towns, but excluding the Department of Transportation, having the right to bury underground utility lines shall join the notification center for the area.
B. Every notification center shall be certified by the Commission. The Commission shall determine the optimum number of notification centers in the Commonwealth. If the Commission determines that there shall be more than one notification center in the Commonwealth, it shall define the geographic area to be served by each notification center.
C. Any corporation desiring to serve as the notification center for an area of the Commonwealth may apply to the Commission to be certified as the notification center for that area. The Commission shall have authority to grant, amend, or revoke certificates under regulations promulgated relating to certification. An application for certification shall include such information as the Commission may reasonably require addressing the applicant's operational plan for the notification center.
D. Every Commission action regarding the optimum number of notification centers, the geographic area to be served by each notification center, the promulgation of notification center certification regulations, and the grant, amendment, or revocation of notification center certifications shall be made in furtherance of the purpose of preventing or mitigating loss of, or damage to, life, health, property or essential public services resulting from damage to underground utility lines. Any action by the Commission to approve or revoke any notification center certification shall:
1. Ensure protection for the public from the hazards that this chapter is intended to prevent or mitigate;
2. Ensure that all persons served by the notification center receive an acceptable level of performance, which level shall be maintained throughout the period of the notification center's certification; and
3. Require the notification center and its agents to demonstrate financial responsibility for any damages that may result from their violation of any provision of this chapter. Such requirement may be met by purchasing and maintaining liability insurance on such terms and in such amount as the Commission deems appropriate.
E. A notification center shall maintain a positive response system in accordance with notification center certification regulations promulgated by the Commission. The members of a notification center shall be responsible for developing and implementing a public awareness program to ensure that all parties affected by this chapter shall be aware of their responsibilities. There shall be only one notification center certified for each geographic area defined by the Commission.
1989, c. 448; 1992, c. 192; 1994, c. 890; 2001, c. 399; 2023, cc. 299, 300.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.17:1. Notification and procedures for designers

A. Each designer, who prepares drawings and plans for projects requiring excavation or demolition work, may notify the notification center and provide the center with the information required by § 56-265.18 and the designer's professional license number.
B. If a designer notifies the notification center to receive underground utility line information in accordance with § 56-265.17:3, the designer shall:
1. Indicate on the construction drawings, the type of underground utility lines, the horizontal location of these lines as provided by the operators, and the names of the operators of these lines;
2. Consider, when designing a project and preparing drawings therefor, the location of existing underground lines so as to minimize damage or interference with the existing facilities;
3. Indicate, on the construction plans or drawings, the designer ticket number and the notification center's toll-free number; and
4. Request only one designer ticket per project through the notification center at no cost.
2002, c. 841.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.17:3. Procedures for operators in response to a designer notice

An operator, upon notification by a designer in accordance with § 56-265.17:1, shall:
1. Respond to the designer's request for underground utility line information within 15 working days in accordance with subdivisions 2, 3, and 4;
2. Provide designers with the operator's name, the type of underground utility line, and the approximate horizontal location of the utility line. The foregoing information may be provided to the designer through the means that include field locates, maps, surveys, installation records or other means. Marking shall be done by both paint and flags whenever possible;
3. Provide such information about the location of the utility lines to designers for informational purposes only. Operators will not be liable for any incorrect information provided or for the subsequent use of this information, nor will they be subject to civil penalties for the accuracy of the information or marks provided. Any concerns about the accuracy of information or marks should be directed to the appropriate operator; and
4. Respond to the positive response system by no later than 7:00 a.m. on the sixteenth working day following the designer's locate request.
2002, c. 841; 2023, cc. 299, 300.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.18. Notification requirements

Every locate request and designer notice served by any person on the notification center shall contain the following information:
1. The name of the individual serving such notice.
2. The specific location of the proposed excavation or demolition. If a specific description of the location of the excavation cannot be given, the person proposing to excavate or demolish shall comply with subsection E of § 56-265.17.
3. The name, physical address, telephone number, and electronic mailing address, if available, of the excavator or demolisher, to whom notification can be given.
4. The excavator's or demolisher's field telephone number and, if available, electronic mailing address.
5. The type and extent of the proposed excavation or demolition.
6. The name of the person for whom the proposed excavation or demolition is being performed.
1979, c. 291; 1980, c. 696; 1989, c. 448; 1994, c. 890; 2002, c. 841; 2023, cc. 299, 300.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.20:1. Locating nonmetallic underground utility lines

Notwithstanding the provisions of § 56-257.1, any plastic or other nonmetallic utility lines installed underground on and after July 1, 2002, shall be installed in such a manner as to be locatable by the operator for the purposes of this chapter.
2002, c. 841.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.21. Marking by color

In marking the approximate location of underground utility lines or proposed excavation if required pursuant to subsection E of § 56-265.17 the American Public Works Association color codes shall be used.
1979, c. 291; 1994, c. 890; 2002, c. 841.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.22. Duties of notification center upon notification by person intending to excavate; record of notification made by telephone required

A. The notification center shall, upon receiving notice by a person, notify all member operators whose utility lines are present in the area of the proposed project, excavation, or demolition. The notification center shall also indicate the names of those operators being notified to the person providing notice.
B. If the notification required by this chapter is made by telephone, a record of such notification shall be maintained by the operators or notification center notified to document compliance with the requirements of this chapter, and such records shall be maintained in compliance with the applicable statute of limitations.
C. The notification center shall notify excavators, within the time frame allowed by the law to mark underground utility lines, of any responses placed on the positive response system by a locator. Such notification shall occur by mutually acceptable means of automatically transmitting and receiving this information.
If the excavator cannot provide the notification center with mutually acceptable means of automatically transmitting and receiving this information, it shall be the excavator's responsibility to contact the positive response system after the period allowed by law to mark underground facilities and prior to commencing excavation in order to determine if any responses to the notice have been recorded.
1979, c. 291; 1994, c. 890; 2002, c. 841; 2023, cc. 299, 300.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.22:1. Meetings between excavators and operators

A. Any person planning excavation or demolition in such proximity to the underground utility lines that the utility lines may be destroyed, damaged, dislocated, or disturbed may request a meeting with the operator whose underground utility lines are located in the area of the proposed excavation or demolition to discuss the marking of such lines. The project requiring excavation shall be of sufficient complexity to require a pre-marking meeting. The meeting notice shall include all information required by § 56-265.18 and a specific time and location for the meeting.
B. The notification center shall, upon receiving a meeting notice, notify all member operators whose underground utility lines are located in the area of the proposed excavation or demolition. The notification center shall provide to the excavator the names of those operators being notified of the meeting.
C. The operators notified by the notification center shall meet with the excavator by 7:00 a.m. on the third working day following the excavator's meeting notice. If an operator does not agree to the excavator's suggested time and location, the operator shall set up a mutually agreeable time and location to meet no later than 7:00 a.m. on the third working day following the meeting notice.
D. The excavator's meeting notice shall not be the notice to excavate required under § 56-265.17. The notice to excavate required under § 56-265.17 for the project shall not be submitted to the notification center until after the meeting referenced in subsection A of this section has occurred, or after 7:00 a.m. on the third working day following the meeting notice.
2002, c. 841.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 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.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.24:1. Request to cease operation; immediate threat; penalty

Notwithstanding the provisions of § 56-265.15:1, any person, as defined in § 56-265.15, who knowingly and intentionally excavates after being notified by a representative of the Commission of a determination that such excavation constitutes an immediate threat to safety or property and such representative requests that excavation cease is guilty of a Class 6 felony. The representative of the Commission shall immediately notify the agency with primary law-enforcement authority over the area of excavation, as well as the fire marshal, (i) that such excavation site is a threat to safety or property and (ii) of the request to cease excavation.
2023, cc. 299, 300.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.25. Liability of operator and excavator; penalties

A. 1. If any underground utility line is damaged as a proximate result of a person's failure to comply with any provision of this chapter, that person shall be liable to the operator of the underground utility line for the total cost to repair the damaged facilities as that cost is normally computed by the operator, provided the operator is a member of the notification center covering the area in which the damage to the utility line takes place. The liability of such a person for such damage shall not be limited by reason of this chapter.
2. Any person who willfully fails to notify the notification center of proposed excavation or demolition shall be liable to the operator as provided in subsection A of § 56-265.17.
3. If, after receiving proper notice, an operator fails to discharge a duty imposed by any provision of this chapter and an underground utility line of such operator is damaged, as a proximate result of the operator's failure to discharge such duty, by any person who has complied with all of the provisions of this chapter, such person shall not be so liable.
B. If an underground utility line of an operator is damaged, as the proximate result of the operator's failure to comply with any provision of this chapter, by any person who has complied with the provisions of this chapter, the operator shall be liable to such person for the total cost to repair any damage to the equipment or facilities of such person resulting from such damage to the operator's underground utility line.
C. Except as specifically set forth herein, the provisions of this chapter shall not be construed to either abrogate any rights, duties, or remedies existing under law or create any rights, duties, defenses, or remedies in addition to any rights, duties, or remedies existing under law.
1979, c. 291; 1980, c. 696; 1989, c. 448; 1994, c. 890.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.26:1. Utility line depth requirement

Every operator having the right to install underground utility lines shall install such underground utility lines at depths required by accepted industry standards. Such standards shall include, as applicable, standards established by the National Electrical Safety Code, Bellcore Blue Book-Manual of Construction Procedures, the Commission's pipeline safety regulations, the Department of Health's waterworks regulations, and the depth standards of the Virginia Cable Telecommunications Association, which shall be established in consultation with the State Corporation Commission no later than July 1, 2002.
2002, c. 841.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.28. Sovereign immunity

Nothing in this chapter shall be construed to abrogate the immunity from suit accruing to the Commonwealth, her political subdivisions, agencies, officers or employees, or the officers or employees of her political subdivisions and agencies, as exists prior to July 1, 1980.
1979, c. 291.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.29. Other similar laws

Compliance with the provisions of this chapter shall not exempt any operator or person from the operation of any other applicable laws, ordinances, regulations, or rules of governmental and regulatory authorities having jurisdiction, unless exempted by such other laws, ordinances, regulations, or rules as a result of such compliance.
1979, c. 291.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.30. Authority of the State Corporation Commission

A. The Commission shall enforce the provisions of the Underground Utility Damage Prevention Act as set out in this chapter. The Commission may promulgate any rules or regulations necessary to implement the Commission's authority to enforce this chapter.
B. Nothing in this chapter shall be construed to authorize the Commission to promulgate any rules or regulations pursuant to its authority to enforce this chapter that require any person, other than jurisdictional gas or hazardous liquid operators, to report to the Commission any probable violation of this chapter or any incident involving damage, dislocation or disturbance of any utility line.
1994, c. 890; 2001, c. 399.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 10.3 - Underground Utility Damage Prevention Act › § 56-265.31. Commission to establish advisory committee

A. The Commission shall establish an advisory committee consisting of representatives of the following entities: Commission staff, utility operator, notification center, excavator, municipality, Virginia Department of Transportation, Board for Contractors, and underground line locator. Persons appointed to the advisory committee by the Commission shall have expertise with the operation of the Underground Utility Damage Prevention Act. The advisory committee shall perform duties which may be assigned by the Commission, including reviewing reports of violations of the chapter, establishing positive response codes for use by the notification center's positive response system, and making recommendations to the Commission.
B. The members of the advisory committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in performance of their duties while serving as members of such advisory committee, but only in the absence of willful misconduct.
1994, c. 890; 1996, c. 79; 2023, cc. 299, 300.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-345.1. Notice; consolidation, merger, abandonments, or discontinuances

Any railroad company operating in the Commonwealth that submits an application to the federal government for consolidation, merger, abandonment, or discontinuance shall, contemporaneously with such application, notify the Commission, the Governor, the Secretary of Transportation, the Secretary of Natural and Historic Resources, the Director of the Department of Rail and Public Transportation, and the Executive Director of the Virginia Passenger Rail Authority of such action.
1996, cc. 114, 157; 2023, c. 318.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-346. Certain powers conferred by law on railroad corporations

In addition to the powers conferred by Title 13.1, every corporation of this Commonwealth organized to conduct a railroad business shall have power to cause to be made such examinations and surveys for its proposed railroad as are necessary to the selection of the most advantageous route or routes, or for the improvement or straightening of its line or change of location, for constructing or providing additional tracks or facilities or for any other work or thing mentioned in § 56-347; and for such purposes, by its officers and servants, to enter upon the lands or waters of any person, but subject to responsibility for all damages that may be done thereto.
Code 1919, § 3857; 1920, p. 305; 1944, p. 534; Michie Suppl. 1946, § 3857a; 1956, c. 435.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-347. Power of condemnation; limitation

In addition to the powers conferred by Title 13.1, every corporation of this Commonwealth organized to conduct a railroad business shall have the power to acquire by the exercise of the right of eminent domain any lands or estates or interests therein, sand, earth, gravel, water or other material, structures, rights-of-way, easements or other interests in lands, including lands under water and riparian rights, of any person, which are deemed necessary for the purposes of construction, reconstruction, alteration, straightening, relocation, operation, maintenance, improvement or repair of its lines, facilities or works including depots, stations, shops, yards, industrial spurs, switches and sidetracks, terminals or additional tracks or facilities, and for all other necessary railroad purposes and purposes incidental thereto, for its use in serving the public, including permanent, temporary, continuous, periodical or future use, whenever such corporation cannot agree upon the terms of purchase or settlement with any such person because of the incapacity of such person or because of the inability to agree on the compensation to be paid or other terms of settlement or purchase, or because any such person cannot with reasonable diligence be found or is unknown or is a nonresident of the Commonwealth, or is unable to convey valid title to such property. Such proceedings shall be conducted in the manner provided by Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 and shall be subject to the provisions of § 25.1-102. Provided, however, such corporation shall not take by condemnation proceedings a strip of land for its right-of-way within sixty feet of the dwelling house of any person except (a) when the court having jurisdiction of the condemnation proceeding finds, after notice of motion to be granted authority to do so to the owner of such dwelling house, given in the manner provided in §§ 25.1-209, 25.1-210, and 25.1-212, and a hearing thereon, that it would otherwise be impractical, without unreasonable expense, to construct the proposed works of the corporation at another location; or (b) in case of occupancy of the streets or alleys, public or private, of any county, city or town, in pursuance of permission obtained from the board of supervisors of such county or the corporate authorities of such city or town; or (c) in case of occupancy of the highways of this Commonwealth or of any county, in pursuance of permission obtained from the authorities having jurisdiction over such highways.
Code 1919, § 3857; 1920, p. 307; 1944, p. 536; Michie Suppl. 1946, § 3857a; 1956, c. 435; 1962, c. 221; 2003, c. 940.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-352. Railroad to have an insurable interest in property along its route

Every railroad company is hereby invested with an insurable interest in the property upon the route operated by it, and may procure insurance thereupon in its own behalf for protection against any damage to such property by fire or otherwise, for which such company shall or might be liable.
Code 1919, § 4018.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-353. Railroad company may appoint police agents

The president or any other executive officer of any railroad company incorporated by this Commonwealth may, with the approval of the circuit court of any county or the corporation court of any city through which the road passes or has its chief office, appoint one or more police agents, who shall have authority in all cases in which the rights of such railroad company are involved to exercise within the Commonwealth all powers which can be lawfully exercised by any police officer for the preservation of the peace, the arrest of offenders and disorderly persons, and for the enforcement of laws against crimes; and such president or other executive officer may remove any such agent at his pleasure; but, any court giving such consent may at any time revoke it.
Code 1919, § 3944; 1930, p. 787.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-354. Conductors, etc., to be conservators of the peace

Conductors and engineers of railroad passenger trains, and station and depot agents, shall be conservators of the peace. Each shall have the same power to make arrests that other conservators of the peace have except that the conductors and engineers of passenger trains shall only have such power on board their respective trains and on the property of their companies while on duty and the agents at their respective places of business. Conductors, engineers, and agents may cause any person so arrested by them to be detained and delivered to the proper authorities for trial as soon as practicable.
Code 1919, § 3944; 1930, p. 788; 1996, cc. 114, 157.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-355.2. Definitions

"Public road authority" as used in this chapter means any appropriate governing body which has responsibility for the construction and maintenance of public highways.
"Overpass" as used in this chapter means a grade separation structure in which the public highway passes above and across the railroad.
"Underpass" as used in this chapter means the railroad passes above and across the public highway.
"Highway" as used in this chapter means any public highway, road, or street maintained by the Virginia Department of Transportation or for which maintenance payments are made pursuant to §§ 33.2-319 and 33.2-366.
1996, cc. 114, 157.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-362. Right of railroad to cross watercourse, intervening railroad, etc.

Any railroad corporation created or doing business under the laws of this Commonwealth, which shall have fully located the route of its railway, may, in the construction of such railway on such route, cross any canal, navigable stream, or watercourse between its termini, but in such manner as not unreasonably to impede the navigation and use thereof; and may also cross any railway or railroad intervening, in the manner and upon the terms prescribed by §§ 56-17 to 56-32, and 56-363.
Code 1919, § 3999; 1996, cc. 114, 157.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-363. Crossing of a railroad or public highway by another railroad; crossing of a railroad by a public highway

It is hereby declared to be the policy of the Commonwealth that all crossings of one railroad by another, or a public highway by a railroad, or a railroad by a public highway, shall, wherever reasonably practicable, pass above or below the existing facility. And every railroad hereafter constructed across another railroad or across a public highway, and every public highway hereafter constructed across a railroad, shall, wherever it is reasonably practicable, and does not involve an unreasonable expense, all the circumstances of the case considered, pass above or beneath the existing structure at a sufficient elevation or depression, as the case may be, with easy grades, so as to admit of safe speedy travel over each.
If constructing a crossing either above or below the existing structure is not practical and involves an unreasonable expense, the responsible governing body constructing a new public crossing at grade, in accordance with the laws of the Commonwealth of Virginia, shall take precautions to provide for the safe movement of traffic. It is the policy of the Commonwealth to limit the number of new public at grade crossings and to eliminate unnecessary crossings.
Code 1919, § 3972; 1996, cc. 114, 157.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-365.1. Closing and or consolidation of grade crossings

Whenever the public safety requires that an existing crossing of a railroad by a public highway at grade be eliminated or that multiple grade crossings be consolidated, either the public road authority or the affected railroad may petition the Commonwealth Transportation Board to provide funding for and to require the elimination of the existing grade crossing as a condition of participating in the funding. Upon a finding that the public safety requires elimination of the existing grade crossing, and the Commonwealth Transportation Board funds are available for the improvement, the Commonwealth Transportation Board may order the elimination of the crossing or the consolidation of multiple grade crossings. The affected railroad may contribute to the cost of eliminating or consolidating grade crossings. The Commonwealth may apply for, receive, and contribute any available federal or other funds for the elimination or consolidation of grade crossings.
1996, cc. 114, 157.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-366.3. Proceedings to alter, rebuild or replace existing grade separation structure destroyed or rendered unusable

In the event an existing overpass or crossing over a railroad is destroyed or rendered unusable or otherwise becomes necessary to alter, rebuild, or replace, which overpass or crossing is maintained by a railroad company, such company shall immediately notify the Commissioner of Highways, or the public road authority of its intent to formulate plans for such alteration, rebuilding, or replacement. The Commissioner or the public road authority shall, as soon as practicable after receipt of such notice, determine if, in consideration of the needs of the state systems of highways, the work to be done on such existing separation structure should encompass any upgrading of such overpass. Upon reaching such decision, the Commissioner or the public road authority shall forthwith notify the company thereof.
If the Commissioner or representative of the public road authority determines that upgrading is not necessary, the company, within six months of notice thereof, shall, in consultation with the Commissioner or representative of the public road authority, formulate and submit plans to the Commissioner or representative of the public road authority for the necessary work. As soon as the plans are submitted the Commissioner or representative of the public road authority shall review the same and after determining the plans are satisfactory, shall notify the railroad to begin construction by a specified date and to complete such construction within a specified time limit after considering public safety, convenience and necessity and the amount, nature and extent of the planned construction. All costs of necessary work, including formulation of plans, where upgrading is not necessary, shall be borne by the company. In the event there is a disagreement as to the design, method of construction and date of completion, such dispute shall be resolved under the procedural provisions of § 56-366.1.
If the Commissioner or public road authority determines that upgrading is necessary or desirable, the same procedure for coordination with the company shall apply except that the parties may agree that the Commissioner or representative of the public road authority formulate, and execute plans for such work, in consultation with such company. Disputes as to matters in this regard, including allocation of cost, shall also be resolved by petition to the State Corporation Commission and any new overpass shall be maintained in accordance with § 56-368.1.
When it is necessary only to repair any overpass, maintained by such railroad, the railroad shall perform all work and bear all costs in connection therewith.
All duties under this section shall be performed as expeditiously as possible. Nothing herein shall be construed in any way to limit the authority of the Commissioner or representative of the public road authority over public highways and overpasses.
1977, c. 443; 1996, cc. 114, 157.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-368.1. Subsequent maintenance of underpasses and overpasses

After the work specified in §§ 56-366.1 and 56-366.3 regarding underpasses and overpasses has been done, the maintenance, including drainage, of any underpass hereafter so constructed, except the pavement thereof, shall be the sole responsibility of the railroad company and the maintenance of any overpass hereafter so constructed shall be the sole responsibility of the Department of Transportation or the public road authority; provided, that the railroad company shall not be responsible for any damage to an underpass caused by operations on the highway, and the Department of Transportation or the public road authority shall not be responsible for any damage to an overpass caused by the operations of the railroad company; and further provided, that the provisions herein as to maintenance of overpasses and underpasses shall also be construed as applicable in the case of those structures previously built on the primary system under agreement between the railroad company and the Department of Transportation or the public road authority; and further provided that the provisions herein as to maintenance by a railroad company shall not be applicable in the case of any underpass hereafter constructed without eliminating a crossing of a railroad and a highway grade, but the maintenance of such structures, including highway drainage and pavement therefor, shall be the sole responsibility of the Department of Transportation or the public road authority.
1924, p. 147; 1926, p. 399; 1930, p. 75; 1934, p. 265; Michie Code 1942, § 3974a; 1948, p. 1003; 1962, c. 538; 1996, cc. 114, 157.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-405. Railroad companies to maintain grade crossings of public highways and approaches; repair by Commissioner of Highways or public road authority; recovery of cost from railroad company

At every crossing, now existing or hereafter established, of a public road by a railroad or of a railroad by a public highway at grade, it shall be the duty of the railroad company to keep such crossing in good repair to the full width of the public highway, and to maintain such crossing in a smooth condition so as to admit of reasonable and safe travel over the same, and it shall also be the duty of the railroad company to maintain and keep in good repair that portion of the highway located between points two feet on either side of the extreme rails. A railroad may request that a public highway be closed for grade crossing maintenance activities, and the representative of the Commissioner of Highways or the representative of the appropriate public road authority may approve such closing where a reasonable detour is available. Any railroad company violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than $10 nor more than $500.
The Commissioner of Highways or the representative of the public road authority, whenever he or it shall ascertain that any such crossing is not being properly maintained, shall notify the railroad company involved in writing to repair the crossing forthwith; the railroad company upon receipt of notice may request a conference on the condition of the crossing and the need, if any, for the repair of such crossing and such conference shall be held within thirty days after receipt of the Commissioner's or the public road authority's notice. After the conference if the Commissioner or the public road authority is of the opinion that such repairs are required and the railroad is not willing to proceed promptly with such repairs, he or the public road authority may repair the same or cause it to be repaired and recover from the railroad company the actual cost of such work including any administration and engineering cost.
If no conference is requested by the railroad company within the thirty-day period, the Commissioner or the public road authority with advance notice may repair the crossing or cause it to be repaired and recover from the railroad company the actual cost of such work including any administration and engineering cost.
In any action under this section to recover the cost of the repair of any such crossing, the need for, and reasonableness of, the repairs may be put in issue.
Nothing herein shall be construed as placing a duty on the railroad company to construct or reconstruct any such crossing in the event any such crossing is relocated or the highway approaches thereto are widened or reconstructed.
Code 1919, § 3973; 1952, c. 99; 1960, c. 544; 1968, c. 226; 1978, c. 214; 1996, cc. 114, 157.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-405.02. Railroads to adjust certain public highways at grade crossings

When adjustments are made to railway trackage grade which crosses public rights-of-way in use as a public highway or street in any locality, the railway company making such adjustments to their trackage shall also make initial adjustments to those public highways or streets so affected thereby to maintain a safe vertical relationship between trackage and street surfaces and to insure positive storm drainage such as existed prior to such repairs. After making such initial adjustments the responsibility for the continuing maintenance of the areas within such public highways and streets so adjusted shall be controlled by § 56-405.
The cost of all such initial street improvements necessitated by railway trackage adjustments shall be the responsibility of the railway company making such initial adjustments irrespective of whether or not the street improvements extended beyond railway right-of-way.
1984, c. 439; 1996, cc. 114, 157.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-405.1. Agreements with Commissioner of Highways or public road authority representative for maintenance and repair of public grade crossings

Whenever the Commissioner of Highways or representative of the appropriate public road authority determines that it is in the best interest of the public to assist a railroad in its grade crossing maintenance and repair activities, he is authorized to enter into an agreement with the railroad company for the repair or maintenance of any crossing of a railroad and a public highway or for the sale of materials to the railroad company for the repair and maintenance of any such crossing. Any such agreement shall provide for the railroad company to bear the cost of the repair or maintenance or material furnished and such other conditions as the Commissioner of Highways or representative of the appropriate public road authority deems necessary or advisable to protect the interest of the public.
1968, c. 175; 1996, cc. 114, 157.
2023 Code of Virginia › Title 56 - Public Service Companies › Chapter 13 - Railroad Corporations › § 56-405.2. Construction and maintenance of crossbucks

Every railroad company shall cause signal boards, hereinafter referred to as crossbucks, well supported by posts or otherwise and approved by the Department of Transportation at such heights as to be easily seen by travelers from both directions of the public highway, and not obstructing travel, containing in capital letters, at least five inches high, the inscription "railroad crossing," to be placed, and constantly maintained, at each public highway at or near, and on both sides of, each place where it is crossed by the railroad at the same level. The requirements of this section in localities that maintain their own streets may be waived at specific crossings on the petition of any such company to both the Commissioner of Highways and the public road authority if both the Commissioner and the public road authority determine that any such crossing has or will have other adequate warning devices or that the placement of new crossbucks will not enhance the safety of the traveling public. Neither official action nor failure to act as hereinabove provided shall impair the power of the Commissioner or the public road authority to require crossbucks at specific public crossings should a subsequent determination of their need be made.
The cost of erecting crossbucks placed at a public highway for the first time or whenever the Commissioner or the public road authority determines an upgrade of the standards is required may be paid or supplemented from federal funds when available to the Department of Transportation for such purpose at the sole discretion of the Commissioner of Highways. But the election of the Commissioner not to participate in such cost shall not relieve any company from the obligation of this section.
This section shall apply as to cities and towns in the case of new crossbucks beginning July 1, 1977.
1977, c. 226; 1996, cc. 114, 157.