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Did you know that you could be fined $2,500 for putting up a temporary sign if you do not get utility lines marked first? DAAR was recently alerted to an investigation that was being conducted by the State Corporation Commission (SCC) regarding a violation of the Virginia Underground Utility Damage Prevention Act. The SCC is charged with enforcing Virginia's Underground Utility Damage Prevention Act, which gives them the authority to investigate alleged violations and levy a fine of up to $2,500 if a violation is found to have occurred.
Due to potential damage to gas lines or other utilities, the SCC will be investigating all possible violations including the installation of temporary signs used by real estate agents.
Many of you were already aware that post signs need markings because you are digging a hole in the ground but the SCC is also including the small metal framed signs that you push into the ground with your hands. They feel that the installation of temporary signs falls under the definition of "excavation" which is prohibited without the proper utility markings. However, there is an exemption in the law which allows the homeowner to install the temporary sign him or herself without utility markings. The SCC confirmed this exemption and although they still feel it is unsafe, it is not a violation of the Act.
The SCC is currently conducting random field inspections. Possible violations will be referred to an SCC advisory committee for further investigation. While they are authorized to levy a $2,500 fine, it is also possible to only receive a warning.
Legislation may be considered to ensure REALTORS® do not face $2,500 fines for putting up temporary signs. For more information, read this quarter's edition of
VREB Speaking which includes an article from the SCC discussing this topic. To have a property marked contact Miss Utility by dialing 811 or visit www.missutilityofvirginia.com.
Thank you to Barrett Stork, Government Affairs Director, Hampton Roads Association of REALTORS® for providing the information for this article.
Perhaps we should all invest in neon window signs, or write out our info in Christmas lights on the roofs of our listings. Does the SCC not have something better to do?
Thanks for the heads up anyway. I'll warn our sign guy.
So what we should do is have our clients jam the signs in the ground (or at least say they did). Then there is no violation.