COMMITTEE ON DIASTER RECOVERY AND 
INFRASTRUCTURE 
 
BILL NO. 
36-0110 
 
Thirty-Sixth Legislature of the Virgin Islands 
 
 
 
July 10, 2025 
 
 
 
An Act amending title 20 Virgin Islands Code, part I, chapter 1 to require a permit from the 
Virgin Islands Department of Public Works before the excavation of any public roadway 
 
 
 
PROPOSED BY: 
Senator Angel L. Bolques, Jr. 
Be it enacted by the Legislature of the Virgin Islands: 
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SECTION 1.  Title 20 Virgin Islands Code, part I, chapter 1 is amended by inserting 
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the following section 8: 
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§ 8.  Excavation of public roads; permits, fees, and fines 
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(a) 
The Virgin Islands Department of Public Works (“the Department”) shall 
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regulate the excavation of public roads in the Virgin Islands. No individual, corporation, or 
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entity shall excavate any public road without first obtaining a permit from the Commissioner 
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of the Department of Public Works. 
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(b) 
The Department shall establish a fee schedule for excavation permits.  The fees 
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must be commensurate with the size, duration, and impact of the excavation on the public 
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road and its users.  All fees collected must be used exclusively for the maintenance and 
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improvement of public roads and must be deposited into the District Public Road Fund. 
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(c) 
The Department shall charge a fee for the following: 
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(1) 
excavation permits, based on the project's size and scope; 
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(2) 
inspection of the work during and after completion to ensure compliance 
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with regulations and safety standards; 
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(3) 
services to identify and mark underground utilities: 
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(4) 
necessary environmental assessments, if the excavation has potential 
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environmental impacts; 
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(5) 
costs associated with traffic control measures and road closures; 
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(6) 
restoration of the road and adjacent areas including sidewalks, curbs, and  
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landscaping; 
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(7) 
disposal of waste material generated from the excavation; 
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(8) 
damage to public property or utilities for repair and replacement; and 
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(9) 
any costs incurred to ensure compliance with safety regulations and 
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compliance standards, including specialized equipment or procedures. 
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(d) 
Standards and Regulations 
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The Department shall establish standards and regulations for the excavation of public 
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roads, which must include safety measures, traffic management, restoration of excavated 
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areas, and timeframes for completion of work. All excavation work must comply with the 
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standards and regulations set forth by the Department. 
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(e) 
Fines and Penalties 
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After an opportunity to be heard, any individual, corporation, or entity found to be in 
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violation of this section for an unauthorized excavation, non-compliance with standards and 
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regulations, or failure to pay the required fees, is subject to pay a fine as established by the 
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Department. Repeat offenders may be subject to increased fines and or suspension of future 
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permit privileges. 
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SECTION 2.  (a) This act takes effect 90 days after its enactment. 
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(b) 
Not later than 90 days after the effective date of this act, the Department shall 
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create a permit application that must provide for the inclusion of the location of the 
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excavation, the purpose, and the estimated duration of the excavation, and any other 
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information the Department considers necessary. 
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(c) 
Not later than 90 days after the effective date of this act, the Department may 
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promulgate additional rules for the administration and enforcement of this act. 
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BILL SUMMARY 
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This bill amends title 20 Virgin Islands Code, part 1, chapter 1 to require a permit from 
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the Department of Public Works before the excavation of any public roadway and sets a 
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schedule of fees associated with the excavation of the roadway. 
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BR25-0075/March 26, 2025/AA 
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