69-4-502. Information to be sought before excavation -- notification -- exceptions. (1) (a) Except as provided in subsection (1)(b), a person may not make or begin any excavation in a public street, alley, right-of-way dedicated to the public use, or utility easement without first obtaining information concerning the possible location of any underground facility from each public utility, municipal corporation, or other person having the right to bury underground facilities within the public street, alley, right-of-way, or utility easement.
     (b) A registered land surveyor or a person under the supervision of a registered land surveyor may hand dig for shallow survey monuments at a depth of 12 inches or less below the road surface of a highway or at the intersection of the center lines of public streets. The registered land surveyor, prior to hand digging, shall obtain proper approval from the appropriate governing authority regarding safety and pavement repair and, when appropriate, shall reference the monument upon exposure. The governing authority is not liable for any damages caused or suffered by the registered land surveyor or any person under the supervision of the registered land surveyor. The registered land surveyor is liable for damages incurred regarding utility destruction, and any public utility, municipal corporation, or other person having the right to bury underground facilities within the public street, alley, right-of-way, or utility easement is not liable for any damages suffered by the registered land surveyor or any person under the control of the registered land surveyor.
     (2) Every public utility, municipal corporation, or other person having the right to bury underground facilities shall file with the county clerk and recorder in each county where the underground facilities are located, the name, address, and telephone number of the person or persons from whom the necessary information may be obtained unless a one-call notification center is available.
     (3) (a) A public utility, municipal corporation, underground facility owner, or person having the right to bury underground facilities must be a member of a one-call notification center covering the service area in which the entity or person has underground facilities.
     (b) Subsection (3)(a) does not apply to an owner or occupant of real property where underground facilities are buried if the facilities are used solely to furnish services or commodities to that property and no part of the facilities are located in a public street, alley, or right-of-way dedicated to the public use.

     History: (1)En. Sec. 2, Ch. 180, L. 1971; Sec. 32-4802, R.C.M. 1947; (2)En. Sec. 3, Ch. 180, L. 1971; Sec. 32-4803, R.C.M. 1947; R.C.M. 1947, 32-4802, 32-4803(part); amd. Sec. 2, Ch. 286, L. 1991; amd. Sec. 1, Ch. 393, L. 1993.