319.025. Excavator must give notice and obtain information, when, how--notice to notification center, when--clarification of markings, response--project plans provided, when--permit for highway excava

MISSOURI STATUTES AND CODES

319.025. Excavator must give notice and obtain information, when, how--notice to notification center, when--clarification of markings, response--project plans provided, when--permit for highway excava

Excavator must give notice and obtain information, when, how--noticeto notification center, when--clarification of markings,response--project plans provided, when--permit for highwayexcavation required.

319.025. 1. Except as provided in subsection 3 of section 319.030and in section 319.050, a person shall not make or begin any excavation inany public street, road or alley, right-of-way dedicated to the public useor utility easement of record or within any private street or privateproperty without first giving notice to the notification center andobtaining information concerning the possible location of any undergroundfacilities which may be affected by said excavation from undergroundfacility owners whose names appear on the current list of participants inthe notification center and who were communicated to the excavator asnotification center participants who would be informed of the excavationnotice. Prior to January 1, 2003, a person shall not make or begin anyexcavation pursuant to this subsection without also making notice to ownersor operators of underground facilities which do not participate in anotification center and whose name appears on the current list of therecorder of deeds in and for the county in which the excavation is tooccur. Beginning January 1, 2003, notice to the notification center ofproposed excavation shall be deemed notice to all owners and operators ofunderground facilities. The notice referred to in this section shallcomply with the provisions of section 319.026. As part of the process torequest the locating of underground facilities and having them properlymarked, the notification center shall ask excavators to identify whether ornot the proposed excavation will be on a public right-of-way or easementdedicated to public use for vehicular traffic.

2. An excavator's notice to owners and operators of undergroundfacilities participating in the notification center pursuant to section319.022 is ineffective for purposes of subsection 1 of this section unlessgiven to such notification center. Prior to January 1, 2003, the noticerequired by subsection 1 of this section shall be given directly to ownersor operators of underground facilities who are not represented by anotification center.

3. Notification center participants shall be relieved of theresponsibility to respond to a notice of intent to excavate receiveddirectly from the person intending to commence an excavation, except forrequests for clarification of markings through on-site meetings as providedin subsection 1 of section 319.030 and requests for locations at the timeof an emergency as provided by section 319.050.

4. If the owner or operator notifies the excavator that the area ofexcavation cannot be determined from the description provided by theexcavator through the notice required by this section, the excavator shallprovide clarification of the area of excavation by markings or by providingproject plans to the owner or operator, or by meeting on the site of theexcavation with representatives of the owner or operator as provided bysubsection 1 of section 319.030.

5. Notwithstanding the provisions of this section to the contrary, aperson shall not make or begin any excavation in any state highway, or onthe right-of-way of any state highway, without first obtaining a permitfrom the state highways and transportation commission pursuant to section227.240, RSMo, provided however, the provisions of this subsection shallnot apply to railroad right-of-way owned or operated by a railroad.