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RSA 374:51 · Notification by Excavator

Title
XXXIV: PUBLIC UTILITIES
Chapter
374 · GENERAL REGULATIONS
Status
current
Official source linked
Yes
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374:51 Notification by Excavator. –

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I.

No person shall perform an excavation within 100 feet of an underground facility, except in an emergency, without first giving notification as required by this section. In an emergency, notification shall be given at the earliest practicable moment.

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II.

At least 72 hours before a proposed excavation, but not including Saturdays, Sundays and legal holidays, each person required to give notice of an excavation shall notify the damage prevention system referred to in RSA 374:49. Such notice shall occur no more than 30 days before the proposed excavation is to be made.

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III.

Notice may be in writing, by telephone or by any other reasonable means.

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IV.

Prior to complying with the notification requirements of paragraph II, an excavator must premark the area as provided in this paragraph, which means identifying the perimeter of the proposed site of the excavation by marking the perimeter in an appropriate manner in the color white paint, stakes, or other suitable white markings on non-paved surfaces. No such premarking shall be acceptable if the marks interfere with traffic or pedestrian control, or are misleading to the general public. Premarking shall not be required on any continuous excavation that is over 100 feet in length, or any pole replacement that is within 5 feet of an existing location. If an excavation is over 100 feet in length or a pole replacement is within 5 feet of an existing location, the excavator shall communicate the perimeter of the excavation by means of a description of the area or construction plans, or have an on-site meeting with affected operators or other suitable means acceptable to the parties.

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V.

When making the notification required by this section, the excavator shall identify which of the methods described in paragraph IV will be used to identify the proposed excavation.

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VI.

The excavator's notification shall be valid for 30 calendar days from the date and time of confirmation of notification by the underground facility damage prevention system.

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VII.

If an excavator is aware that blasting will be required during an excavation, the excavator shall inform the damage prevention system when providing notice of the excavation. If an excavator determines during the effective term of the excavator's notification that blasting is required within the area premarked in accordance with paragraph IV, the excavator shall notify the damage prevention system of the need to blast. Notification shall be made at least 24 hours prior to any blasting, not including Saturdays, Sundays, and legal holidays. In the case of unanticipated obstructions that prevent further excavation without blasting, the excavator shall provide separate notice of such blasting not less than 4 contiguous hours in advance of such blasting, not including the hours of 4:00 p.m. to 6:00 a.m. weekdays, or all of Saturdays, Sundays, and legal holidays. Source. 1983, 294:1. 1997, 298:7, 8. 1999, 289:14. 2001, 186:3. 2007, 25:7, 8, eff. May 11, 2007. 2010, 191:3, eff. Aug. 20, 2010.

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Source note

Source. 1983, 294:1. 1997, 298:7, 8. 1999, 289:14. 2001, 186:3. 2007, 25:7, 8, eff. May 11, 2007. 2010, 191:3, eff. Aug. 20, 2010.

Source history

  • 1983, 294:1
  • 1997, 298:7, 8
  • 1999, 289:14
  • 2001, 186:3
  • 2007, 25:7, 8, eff. May 11, 2007
  • 2010, 191:3, eff. Aug. 20, 2010

Related materials

Bill relationships

  • 2026 HB1169 amend

    to the underground utility damage prevention laws. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Notification by Excavator. Amend RSA 374:51, II to read as follows: II. At least [72] 48 hours before a proposed excavation, but not including Saturdays, Sundays, [and legal holidays] or Christmas, New Years Day, Thanksgiving, Memorial Day, July 4th, known as I

  • 2026 HB1743 amend

    mart meters. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Public Utilities; Smart Meter Radiation Disclosure. Amend RSA 374 by inserting after section 2-a the following new section: 374:2-b Smart Meter Radiation Disclosure. I. Each electric utility operating in the state shall provide an annual written statement to each utility account h

  • 2026 HB1743-FN amend

    mart meters. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Public Utilities; Smart Meter Radiation Disclosure. Amend RSA 374 by inserting after section 2-a the following new section: 374:2-b Smart Meter Radiation Disclosure. I. Each electric utility operating in the state shall provide an annual written statement to each utility account h

  • 2026 HB1745 amend · effective 2027-01-01

    ity costs to ratepayers. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Prohibited Cost Recovery Through Rates. Amend RSA 374 by inserting after section 2-a the following new section: 374:2-b Prohibited Cost Recovery Through Rates. I. No public utility shall recover through rates any costs associated with its attendance at, participation i

  • 2026 HB1745-FN amend · effective 2027-01-01

    ity costs to ratepayers. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Prohibited Cost Recovery Through Rates. Amend RSA 374 by inserting after section 2-a the following new section: 374:2-b Prohibited Cost Recovery Through Rates. I. No public utility shall recover through rates any costs associated with its attendance at, participation i

  • 2026 SB540 amend · effective 2027-01-01

    Each plug-in solar generation system shall be installed and operated in accordance with the state building code and manufacturer instructions. 4 New Section; Liability. Amend RSA 374 by inserting after section 1-a the following new section: 374:1-b Liability for Plug-In Solar Generation Systems. An electric distribution utility shall not be liable for damage, injury, or compensation or charges ari

  • 2026 SB540-FN amend · effective 2027-01-01

    Each plug-in solar generation system shall be installed and operated in accordance with the state building code and manufacturer instructions. 4 New Section; Liability. Amend RSA 374 by inserting after section 1-a the following new section: 374:1-b Liability for Plug-In Solar Generation Systems. An electric distribution utility shall not be liable for damage, injury, or compensation or charges ari