Idaho Law

Idaho Code

SECTION 55-2201 – 55-2212, CHAPTER 22

UNDERGROUND FACILITIES DAMAGE PREVENTION

** REFER TO STATE OF IDAHO WEBSITE FOR EXACT WORDING**

PLEASE NOTE: The items below are only highlights of Idaho Code, Section 55, Chapter 22. For your protection or for more information, see the complete chapter. You owe it to yourself to have a complete understanding of this important regulation.

EFFECTIVE 07/01/2016: The Idaho Code has been updated to, among other changes, establish a Damage Prevention Board to initiate educational measures, review complaints, and impose penalties for violations of the law.

This code identifies an “excavation” as any operation in which earth, rock, or other material in the ground is moved or displaced. Before doing any excavating of fifteen (15) inches or greater in vertical depth or before tilling the soil to a depth of fifteen (15) inches or more for agricultural purposes, the excavator (or farmer or homeowner) must provide notice of intent to excavate to all owners of underground facilities, at least two (2) business days prior to excavating.

If the owner of underground facilities is a member of the established call center, they have the right to receive compensation if required to respond to an excavation notice given less than two (2) business days—unless it is an emergency.

An excavator must hand-dig within twenty-four (24) inches of an underground facility to determine the precise location. If an excavator discovers underground facilities that are not identified or not accurately located, he is to stop excavating in that vicinity and immediately notify the established call center or facility owner. The facility owner may be required to compensate the excavator for delay of the project.

An excavator who damages an underground facility must notify the facility owner and must not bury the facility until the facility owner has the opportunity to look at the facility and make necessary repairs. The facility owner can collect for damages if the owner is a member of the established call center.

The excavator may be held liable for any damages to the underground facility if this code is not followed. The facility owner may be liable if the owner is not a member of the established call center. Willful or malicious damage to a field-marked underground facility shall cause the excavator to be liable for treble the costs incurred by the owner for the repairs.