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Changes in Louisiana’s Dig Law Will Affect Everyone Reprinted with permission from LA One Call

Changes Effective October 1
Governor Jindal has signed into law significant changes in the Louisiana Underground Utilities and Facilities Damage Prevention Act R.S. 40:1749, otherwise known as the state’s “dig law.” These changes become effective October 1, and they will affect everyone involved in excavation in Louisiana, including homeowners, contractors and utility operators.

Emergency Excavations Redefined
The revised law now defines emergencies more strictly. The intent is to reduce the number of excavations declared to be “emergencies” merely to get the site marked more quickly when no imminent threat or danger to life, health, or property exists. The new definition requires that excavators who declare an emergency must have a crew on site when an emergency is declared, and provides for penalties up to $5,000 for repeated violations of this requirement.

Waiting Period Changed
Under the revised statute, utilities, pipelines and other operators will have a little more time to mark their underground facilities. The 48-hour waiting period will begin at 7 a.m. on the next working day after the excavator files their request to have the site marked.

Markings Valid Longer
Once the site is marked, the markings will be considered valid so long as they are visible for up to 20 calendar days on non-agricultural sites, doubling the time allowed before such sites must be marked again. Farmers and other agricultural excavators get an additional 10 days and therefore need not request re-marking for 30 days so long as the marks remain visible.

More Time to Plan Large Jobs
Excavators working on large projects will be able to request utility location up to 20 days in advance rather than the 10-day maximum imposed under old law.

Utility Operators May Elect Not to Receive Notifications
Finally, the new law will allow utility operators excavating near their own underground systems to elect not to receive notifications involving their own work.

The original article appeared in the LA One Call 811 Newsletter, Vol. 5 No. 2., June 29, 2011.