§ 7001. Definitions
In this chapter:
(1) “Commission” means the Public Utility Commission under section 3 of this title.
(2) “Company” means any public utility, municipality, or person that supplies gas, electricity,
hot water, steam, or telecommunications service and that maintains underground utility
facilities, and any cable television company operating a cable television system as
defined in section 501 of this title that maintains underground utility facilities.
(3) “Damage” includes the substantial weakening of structural or lateral support of an
underground utility facility; penetration or destruction of any underground utility
facility’s protective coating, housing, or device; or the partial or complete severance
of any underground utility facility.
(4) “Excavation activities” means any activities that will disturb the subsurface of the
earth or could damage underground utility facilities and that may involve the removal
of earth, rock, or other materials in the ground or the demolition of any structure
by the discharge of explosives or the use of powered or mechanized equipment, including
digging, trenching, blasting, boring, drilling, hammering, post driving, wrecking,
razing, tunneling, or pavement or concrete slab removal within 100 feet of an underground
utility facility. Excavation activities shall not include the tilling of the soil
for agricultural purposes, routine home gardening with hand tools outside easement
areas and public rights-of-way, activities relating to routine public highway maintenance,
or the use of hand tools by a company, or the company’s agent or a contractor working
under the agent’s direction, to locate or service the company’s facilities, provided
the company has a written damage prevention program.
(5) “Person” means any individual, trust, firm, joint stock company, corporation including
a government corporation, partnership, association, state, municipality, commission,
political subdivision of the State, or any interstate body.
(6) “Public agency” means the State or any political subdivision thereof, including any
governmental agency.
(7) “Approximate location of underground utility facilities” means a strip of land extending
not more than 18 inches on either side of the underground utility facilities.
(8) “System” means the public utility underground facility damage prevention system referred
to in section 7002 of this title.
(9) “Underground utility facility” or “facility” means any pipe, conduit, wire, or cable
located beneath the surface of the earth and maintained by a company, including the
protective covering of the pipe, conduit, wire, or cable, as well as any manhole,
vault, pedestal, or component maintained by a company.
(10) “Premark” means to identify the general scope of excavation activities using white
paint, stakes, or other suitable white markings, in a manner that will enable the
operators of the underground utility facilities to know the boundaries of the proposed
excavation activities.
(11) “Powered or mechanized equipment” means equipment that is powered or energized by
any motor, engine, or hydraulic or pneumatic device and that is used for excavation
or demolition work.
(12) “Hand tools” means tools powered solely by human energy.
(13) “Verified” means the location and depth have been visually determined using careful
and prudent excavating techniques such as hand digging, water excavation, or other
safe means.
(14) “Damage prevention program” means a program established to ensure employees involved
in excavation activities are aware of and utilize appropriate and safe excavating
practices. (Added 1987, No. 86, § 1, eff. Jan. 1, 1988; amended 1993, No. 118 (Adj. Sess.), § 1; 2001, No. 51, § 1; 2003, No. 56, § 56, eff. June 4, 2003; 2007, No. 145 (Adj. Sess.), § 1; 2017, No. 53, § 10; 2019, No. 31, § 9.)
§ 7002. Public Utility Underground Facility Damage Prevention System
Each company shall be a member of and participate in the Public Utility Underground
Facility Damage Prevention System as designated by the Commission unless granted an
exemption by the Commission after opportunity for hearing. The System shall operate
during regular business hours throughout the year, except Saturdays, Sundays, and
legal holidays. The System shall receive notices of proposed excavation activities
and transmit the notices to member companies whose facilities may be affected. The
cost for operation of the System shall be apportioned equitably among member companies. (Added 1987, No. 86, § 1, eff. Jan. 1, 1988; amended 1993, No. 118 (Adj. Sess.), § 2; 1999, No. 157 (Adj. Sess.), § 15.)
§ 7003. Rulemaking
The Commission shall adopt rules, pursuant to 3 V.S.A. chapter 25 relative to:
(1) minimum requirements for the operation of the System, including notification procedures
and the reporting of underground utility facility locations;
(2) procedures for the investigation of complaints;
(3) emergency situations;
(4) uniform standards for the marking of the approximate location of underground utility
facilities;
(5) uniform standards for the future installation of underground utility facilities, including
the following:
(A) color coding of facilities;
(B) depth requirements for the laying of facilities;
(C) subsurface marking of facilities;
(D) surface marking of facilities;
(E) the filing of as-built plans of facilities with municipalities; and
(F) capability for location of facilities by sensors;
(6) standards for the granting of exemptions under section 7002 of this title; and
(7) situations where the premarks cannot be found. (Added 1987, No. 86, § 1; amended 1993, No. 118 (Adj. Sess.), § 3; 2019, No. 31, § 10.)
§ 7004. Notice of excavation activities
(a) No person or company shall engage in excavation activities, except in an emergency
situation as defined by the Commission, without premarking the proposed area of excavation
activities and giving notice as required by this section.
(b) Prior to notifying the System, the person shall premark the area of proposed excavation
activities in a manner that will enable operators of underground facilities to identify
the boundaries of the proposed excavation activities.
(c) At least 72 hours, excluding Saturdays, Sundays, and legal holidays, but not more
than 30 days before commencing excavation activities, each person required to give
notice of excavation activities shall notify the System referred to in section 7002 of this title. Such notice shall set forth a reasonably accurate and readily identifiable description
of the geographical location of the proposed excavation activities and the premarks.
(d) Notice to the System may be in writing or by telephone. For purposes of this section,
the System shall provide a toll-free telephone number.
(e) Notice of excavation activities shall be valid for an excavation site until one of
the following occurs:
(1) the excavation is not completed within 30 days following the notification;
(2) the markings become faded, illegible, or destroyed; or
(3) the company installs new underground facilities in a marked area still under excavation. (Added 1987, No. 86, § 1, eff. Jan. 1, 1988; amended 1993, No. 118 (Adj. Sess.), § 4; 2001, No. 51, § 2; 2007, No. 145 (Adj. Sess.), § 2; 2019, No. 31, § 11; 2023, No. 85 (Adj. Sess.), § 453, eff. July 1, 2024; 2023, No. 142 (Adj. Sess.), § 20, eff. November 1, 2024.)
§ 7005. Notification by System
Upon receiving notice of excavation activities, the System shall notify all member
companies whose facilities may be affected. An adequate record shall be maintained
by the System to document compliance with requirements of this chapter. (Added 1987, No. 86, § 1, eff. Jan. 1, 1988; amended 1993, No. 118 (Adj. Sess.), § 5.)
§ 7006. Marking of underground utility facilities
A company notified in accordance with section 7005 of this title shall, within 72 hours, exclusive of Saturdays, Sundays, and legal holidays, after
the receipt of the notice, mark the approximate location of its underground utility
facilities in the area of the proposed excavation activities; provided, however, if
the company advises the person that the proposed excavation area is of such length
or size that the company cannot reasonably mark all of the underground utility facilities
within 72 hours, the person shall notify the company of the specific locations in
which the excavation activities will first occur and the company shall mark facilities
in those locations within 72 hours and the remaining facilities within a reasonable
time thereafter. A company and an excavator may by agreement fix a later time for
the company’s marking of the facilities, provided the marking is made prior to excavation
activities. For the purposes of this chapter, the approximate location of underground
facilities shall be marked with stakes, paint, or other physical means as designated
by the Commission. (Added 1987, No. 86, § 1, eff. Jan. 1, 1988; amended 1993, No. 118 (Adj. Sess.), § 6; 2025, No. 43, § 32, eff. June 2, 2025.)
§ 7006a. Maintenance of underground utility facility markings
After a company has marked its underground facilities in accordance with section 7006 of this title, the excavator shall be responsible for maintenance of the designated markings. In
the event said markings are obliterated, destroyed, or removed, the person engaged
in excavation activities shall notify the System referred to in section 7002 of this title that remarking is needed. The System shall then notify all member companies whose
facilities may be affected. Each applicable company shall, within 72 hours, exclusive
of Saturdays, Sundays, and legal holidays, following receipt of the notice, remark
the location of its underground utility facilities. (Added 1993, No. 118 (Adj. Sess.), § 7; amended 2025, No. 43, § 33, eff. June 2, 2025.)
§ 7006b. Excavation area precautions
Any person engaged in excavating activities in the approximate location of underground
utility facilities marked pursuant to section 7006 of this title shall take reasonable precautions to avoid damage to underground utility facilities,
including any substantial weakening of the structural or lateral support of such facilities
or penetration, severance, or destruction of such facilities. The person engaged in
excavation activities shall expose underground facilities to verify their location
and depth, in a safe manner, at each location where the work will cross a facility
and at reasonable intervals when paralleling an underground facility. Powered or mechanized
equipment may only be used within the approximate location where the facilities have
been verified. (Added 1993, No. 118 (Adj. Sess.), § 8; amended 2001, No. 51, § 3; 2007, No. 145 (Adj. Sess.), § 3; 2019, No. 31, § 12.)
§ 7007. Notice of damage
When any underground utility facility is damaged during excavation activities, the
excavator shall immediately notify the affected company. Under no circumstances shall
the excavator backfill or conceal the damaged area until the company inspects and
repairs the damage, provided that the excavator shall take reasonable and prudent
actions to protect the public from serious injury from the damaged facilities until
the company or emergency response personnel arrive at the damaged area. An excavator
who causes damage to a pipeline that results in a release of natural or other gas
or hazardous liquid shall promptly report the release to emergency responders by calling
911. (Added 1987, No. 86, § 1, eff. Jan. 1, 1988; amended 1993, No. 118 (Adj. Sess.), § 9; 2019, No. 31, § 13.)
§ 7008. Penalties
(a) Vermont Digsafe Program. Any person or company who violates any provisions of section 7004, 7006, 7006a, 7006b, or 7007 of this title shall be subject to a civil penalty of not more than $500.00 for the first offense,
not more than $1,000.00 for the second offense within one year of the date of the
first offense, not more than $1,500.00 for the third offense within one year of the
first offense, and not more than $5,000.00 for the fourth or subsequent offense within
one year of the date of a previous offense, in addition to any other remedies or penalties
provided by law or any liability for actual damages. For the purposes of this subsection,
“the date of the first offense” means the date on which the violation occurred, not
the date on which the adjudication of the offense resulted.
(b) [Repealed.]
(c) If underground facilities are damaged because a company has not marked them as required
by section 7006 or 7006a, the company shall be subject to a civil penalty as provided
in this section and, in addition, shall be liable for any damages incurred by the
excavator as a result of the company’s failure to mark the facilities.
(d) All penalties recovered in any such actions shall be paid into the General Fund of
the State. The Commission shall have jurisdiction over all actions brought pursuant
to this chapter.
(e) Any person who violates any provisions of sections 7004 through 7007 of this title as to an underground gas distribution or transmission facility shall also be subject
to the civil penalties described in section 2816 of this title. However, a person who has been assessed a civil penalty pursuant to section 2816 of this title shall not be subject to the payment of an assessed penalty under the provisions of
this section for the same violation. (Added 1987, No. 86, § 1, eff. Jan. 1, 1988; amended 1993, No. 118 (Adj. Sess.), § 10; 2007, No. 145 (Adj. Sess.), § 4.)