HoosierBuddy
Well-known member
Hey guys,
Based on an earlier post, there seems to be a lot of confusion on what the requirements are for call before you dig. A lot of the confusion is likely because every state is different and most states have more than one "Call before you dig organization". So, that being said, I can tell you the following about my home state Indiana:
Indiana has ONE Call before you dig organization, Indiana811.
Indiana has a "dig law" (recently amended code 8-1-26) that lays out the requirements and penalties for excavators, utilities, and the call center.
Excavators are required to call 811 (or go online to 811now.com) to request utility locates at least 2 working days before digging). ALSO Demolishing a structure, like a house, also requires a utility locate. "Excavator" is anyone digging. It could be a homeowner, neighbor, a scout troop, a utility, or a contractor. Anyone with a shovel, spade, post hole diggers, trencher, backhoe, or mini excavator (etc.) IN THE GROUND is an "excavator".
Everyone has to have their own ticket. If I'm a sub working for a GC, I can't work off his ticket. If I try to and hit a utility, even if it's mismarked, it's my fault because I don't have a valid ticket.
Tickets expire after 20 days. If I had a ticket 6 weeks ago for a job and I go out there and hit a line, it's my fault because I"m working off an expired ticket.
The only exceptions to the dig law in Indiana are homeowners, digging on their own property, to depths of less than 12-inches, only using handtools AND basic agricultural work (i.e. normal plowing and planting...a farmer putting in a drainage tile still has to get a ticket.)
A major misconception is that 811 locates utilities. 811 doesn't locate anything. They merely contact their member utilities and tell them a locate request has been made. The member utilities, or their contract locator, actually comes out and marks the lines.
Locators must mark their lines as horizontal location utilizing flags, paint or a combination of the two. Generally there is no depth information given. Note that they will not locate anything they don't own. For example anything after the meter or customer owned wires or pipes.
Once the locator leaves those marks become the responsibility of the excavator to maintain. So, for instance, if a road crew grades out the utility flags and then later hits the line, because it's now unmarked, guess who's fault it ISN'T? It isn't the utility's fault. If the marks get trashed, the locate has to be called in again and the utility has 2 working days to relocate the site.
Also, a MAJOR misconception is the utility is under the flags or marks. Not necessarily. Pipe and cable locators put a radio signal on conductive pipe, tracer wires, cables, or electrical cable. Then, a receiver is used to APPROXIMATE the location of the buried conductor. You can expect the locate flags or marks to be off several inches to a few feet from the actual location. In Indiana, a locate is considered accurate if it's within 24-inches of the EDGE of the utility.
As an excavator you are required, once you reach the jobsite, to verify utilities are marked. This is a huge grey area and a potential hornets nest...but in general if someone waits the 2 working days, goes out to the job site, notices the power company, gas company, etc. hasn't been there, digs and hits and unmarked utility...they are at fault because they violated a section of the law. Note the utility may also be at fault for violating the law. There's plenty of blame to go around!
Remember that 24-inch "safety buffer" on each side of a utility, BY LAW you cannot dig in that zone except very carefully with handtools until you have spotted the line and exposed it completely. You ARE NOT allowed to sit in with a backhoe and start digging around to try to find it OR run a post hole auger in a foot away from the marks. Now, once you do have it spotted you can dig at that point in the "safety zone" CAREFULLY WITH A SPOTTER and not be in violation UNLESS you hit the line. If you hit the line...again you're in violation.
The legal violations I note above do not have enforcement, other than in a civil suit, (i.e. you hit a fiber optic cable and get sued for a quarter million or some stupid amount) EXCEPT for gas and fuel pipelines which DO have a rather strict enforcement in Indiana. If you hit a natural gas line (or a crude oil line, etc.) there will be a hearing and someone is going to get "enforced". First time offenders generally get a warning letter, but fines can run to $10,000. Even first time offenders can get nailed if they attempt to hide the damage or self-repair the damage.
The guilty party may be the excavator, it may be the utility (if there is a valid ticket and the marks were off more than 24-inches plus the radius of the pipe), or they may find both parties at fault. There's plenty of fines to go around.
SO...check your state laws, but the best thing to do is ALWAYS call 811 before you dig AND don't let any contractor or anyone else dig in your yard, drive stakes in your yard (bounce houses or event tents) or demolish a structure without making sure they have called 811 and have a valid locate ticket. Once you get everything located, if you have any concerns, call the utility and discuss them. They may even send someone out to review the job with you. It's better to spend an hour or two up front to keep everyone safe than it is to deal with the consequences when something gets hit...that's for sure.
Good luck everyone!
Based on an earlier post, there seems to be a lot of confusion on what the requirements are for call before you dig. A lot of the confusion is likely because every state is different and most states have more than one "Call before you dig organization". So, that being said, I can tell you the following about my home state Indiana:
Indiana has ONE Call before you dig organization, Indiana811.
Indiana has a "dig law" (recently amended code 8-1-26) that lays out the requirements and penalties for excavators, utilities, and the call center.
Excavators are required to call 811 (or go online to 811now.com) to request utility locates at least 2 working days before digging). ALSO Demolishing a structure, like a house, also requires a utility locate. "Excavator" is anyone digging. It could be a homeowner, neighbor, a scout troop, a utility, or a contractor. Anyone with a shovel, spade, post hole diggers, trencher, backhoe, or mini excavator (etc.) IN THE GROUND is an "excavator".
Everyone has to have their own ticket. If I'm a sub working for a GC, I can't work off his ticket. If I try to and hit a utility, even if it's mismarked, it's my fault because I don't have a valid ticket.
Tickets expire after 20 days. If I had a ticket 6 weeks ago for a job and I go out there and hit a line, it's my fault because I"m working off an expired ticket.
The only exceptions to the dig law in Indiana are homeowners, digging on their own property, to depths of less than 12-inches, only using handtools AND basic agricultural work (i.e. normal plowing and planting...a farmer putting in a drainage tile still has to get a ticket.)
A major misconception is that 811 locates utilities. 811 doesn't locate anything. They merely contact their member utilities and tell them a locate request has been made. The member utilities, or their contract locator, actually comes out and marks the lines.
Locators must mark their lines as horizontal location utilizing flags, paint or a combination of the two. Generally there is no depth information given. Note that they will not locate anything they don't own. For example anything after the meter or customer owned wires or pipes.
Once the locator leaves those marks become the responsibility of the excavator to maintain. So, for instance, if a road crew grades out the utility flags and then later hits the line, because it's now unmarked, guess who's fault it ISN'T? It isn't the utility's fault. If the marks get trashed, the locate has to be called in again and the utility has 2 working days to relocate the site.
Also, a MAJOR misconception is the utility is under the flags or marks. Not necessarily. Pipe and cable locators put a radio signal on conductive pipe, tracer wires, cables, or electrical cable. Then, a receiver is used to APPROXIMATE the location of the buried conductor. You can expect the locate flags or marks to be off several inches to a few feet from the actual location. In Indiana, a locate is considered accurate if it's within 24-inches of the EDGE of the utility.
As an excavator you are required, once you reach the jobsite, to verify utilities are marked. This is a huge grey area and a potential hornets nest...but in general if someone waits the 2 working days, goes out to the job site, notices the power company, gas company, etc. hasn't been there, digs and hits and unmarked utility...they are at fault because they violated a section of the law. Note the utility may also be at fault for violating the law. There's plenty of blame to go around!
Remember that 24-inch "safety buffer" on each side of a utility, BY LAW you cannot dig in that zone except very carefully with handtools until you have spotted the line and exposed it completely. You ARE NOT allowed to sit in with a backhoe and start digging around to try to find it OR run a post hole auger in a foot away from the marks. Now, once you do have it spotted you can dig at that point in the "safety zone" CAREFULLY WITH A SPOTTER and not be in violation UNLESS you hit the line. If you hit the line...again you're in violation.
The legal violations I note above do not have enforcement, other than in a civil suit, (i.e. you hit a fiber optic cable and get sued for a quarter million or some stupid amount) EXCEPT for gas and fuel pipelines which DO have a rather strict enforcement in Indiana. If you hit a natural gas line (or a crude oil line, etc.) there will be a hearing and someone is going to get "enforced". First time offenders generally get a warning letter, but fines can run to $10,000. Even first time offenders can get nailed if they attempt to hide the damage or self-repair the damage.
The guilty party may be the excavator, it may be the utility (if there is a valid ticket and the marks were off more than 24-inches plus the radius of the pipe), or they may find both parties at fault. There's plenty of fines to go around.
SO...check your state laws, but the best thing to do is ALWAYS call 811 before you dig AND don't let any contractor or anyone else dig in your yard, drive stakes in your yard (bounce houses or event tents) or demolish a structure without making sure they have called 811 and have a valid locate ticket. Once you get everything located, if you have any concerns, call the utility and discuss them. They may even send someone out to review the job with you. It's better to spend an hour or two up front to keep everyone safe than it is to deal with the consequences when something gets hit...that's for sure.
Good luck everyone!
Last edited: