COMMITTEE ON
DISASTER RECOVERY,
INFRASTRUCTURE &
PLANNING
Derek Gabriel 
Commissioner 
Department of Public Works
SEPTEMBER 12, 2025
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Good day Senator James, Chairperson of the Committee on Disaster Recovery, 
Infrastructure & Planning; committee members; all other senators in attendance today; all 
those seated in the senate chambers; as well as those in the listening and viewing audience. 
I am Derek Gabriel, Commissioner of the Department of Public Works. Thank you for this 
opportunity to provide testimony pertaining to roadway excavation permits.  
 
The Department of Public Works has direct oversight responsibilities for all roadway 
excavations, as well as driveway, burial plot, and roadside advertising permits in the 
Territory. 
 
Excavation of public roads without proper permitting poses significant risks, including utility 
damage, environmental impacts, increased costs, and long-term damage to public 
infrastructure. Prior to this bill amendment, the Virgin Islands Department of Public Works 
had already implemented a Road Excavation Permit Program to address these issues and 
guarantee that excavation is conducted safely in harmony with existing roadway and utility 
systems. 
 
Since late 2022, the executive team at the Department of Public Works has held several 
meetings with the bill sponsor regarding the existing permit program and its challenges, 
especially in light of increased undergrounding efforts for public and private utilities. The 
program’s requirements, fees, and regulations are posted on the department’s website. I 
have also attached a copy of the application for your reference. 
 
It is essential to note that the department lacks the necessary resources to enforce 
compliance. Section E of the proposed bill mentions fines and penalties; however, the 
department cannot hold applicants accountable for unapproved excavations, disregard for 
standards, or nonpayment of fees except to withhold future permits, which is not always 
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practical. To increase effectiveness, I propose granting the department enforcement 
authority and including provisions for emergency excavations, which are imperative for 
public safety and critical infrastructure. 
 
Additionally, I advise this Body to grant the Department of Public Works full authority over 
all its permit programs. The department should directly oversee the management and 
monitoring of all permits, including full authority over the fee schedule. Currently, the 
Legislature maintains control over establishing and regulating certain permit fees. This 
approach will enhance accountability, streamline program management, and guarantee 
consistency across all permitting processes. 
 
I appreciate the Legislature's commitment to safeguarding our public roads and promoting 
responsible excavation practices. The Department of Public Works is prepared to 
collaborate on furthering this legislation and strengthening safeguards for the territory's 
infrastructure.  
 
This concludes my testimony. Thank you for the opportunity, and I remain available to 
answer any questions you may have.