NRS: CHAPTER 455 - EXCAVATIONS AND HIGH-VOLTAGE LINES

[Rev. 6/29/2024 4:11:29 PM--2023]

CHAPTER 455 - EXCAVATIONS AND HIGH-VOLTAGE LINES

EXCAVATIONS

Control of Access

NRS 455.010 Erection of fence or other safeguard around excavation, hole or shaft required.

NRS 455.020 Filing of notice of violation; contents of notice.

NRS 455.030 Board of county commissioners to transmit information concerning dangerous condition at mine no longer operating to sheriff or constable; service of notice upon owner or responsible person.

NRS 455.040 Contents of notice; judgment; criminal penalty.

NRS 455.050 Suits to be commenced in name of State of Nevada; disposition of judgments and fines.

NRS 455.060 Determination by board of county commissioners of whether to fence or guard abandoned excavation or mine no longer operating; payment of expenses.

Excavation or Demolition Near Subsurface Installation

NRS 455.080 Definitions.

NRS 455.082 “Approximate location of a subsurface installation” defined.

NRS 455.084 “Association for operators” defined.

NRS 455.085 “Contractor” defined.

NRS 455.086 “Damage” defined.

NRS 455.088 “Demolition” defined.

NRS 455.090 “Emergency” defined.

NRS 455.092 “Excavation” defined.

NRS 455.093 “High consequence subsurface installation” defined.

NRS 455.094 “Mechanical equipment” defined.

NRS 455.095 “Non-mechanical equipment” defined.

NRS 455.096 “Operator” defined.

NRS 455.098 “Person” defined.

NRS 455.099 “Sewer main” defined.

NRS 455.0995 “Sewer service lateral” defined.

NRS 455.101 “Subsurface installation” defined.

NRS 455.103 “Unexpected occurrence” defined.

NRS 455.105 “Working day” defined.

NRS 455.107 Exemption from compliance with statutory provisions.

NRS 455.110 Notification of association for operators required; marking proposed area of excavation or demolition; exception.

NRS 455.115 Record of notification of excavation or demolition; provision of names of operators to whom notice is transmitted by association for operators.

NRS 455.120 Operator required to join association for operators to receive notification; statement to be filed with county clerk identifying association; record of notification received by telephone.

NRS 455.125 Duties of operator of sewer main upon receipt of notification concerning sewer service lateral.

NRS 455.127 Duty of operator of sewer main to maintain certain information relating to locations of connections.

NRS 455.129 Operator of sewer main does not assume further duties or responsibilities for compliance with provisions.

NRS 455.130 Duties of operator upon receipt of notification concerning certain subsurface installations.

NRS 455.131 Use of permanent device to identify location of certain subsurface installations required; options for operator of sewer main.

NRS 455.133 Criteria and colors for marking location of subsurface installation: Regulations of Public Utilities Commission of Nevada.

NRS 455.137 Determination of location of subsurface installation required before mechanical equipment may be used.

NRS 455.140 Duties of person responsible for contact with, exposure of or damage to subsurface installation.

NRS 455.150 Release from liability for cost of repairs to subsurface installation.

NRS 455.160 Injunctive relief.

NRS 455.170 Civil penalty: Action for enforcement; amount; considerations; reimbursement for cost of prosecution; judicial review.

NRS 455.180 Civil remedies preserved; additional civil remedy not created.

OVERHEAD LINES CARRYING HIGH VOLTAGE

NRS 455.200 Definitions.

NRS 455.210 Applicability of provisions.

NRS 455.220 Conducting of activities near line: Prohibition; exception.

NRS 455.230 Conducting of activities near line: Authorization; powers and duties of public utility; payment of expenses for preventative measures.

NRS 455.240 Liability for violation causing contact with line.

NRS 455.250 Civil penalty: Action for enforcement; amount; disposition of proceeds; judicial review.

_________

EXCAVATIONS

Control of Access

NRS 455.010 Erection of fence or other safeguard around excavation, hole or shaft required. Any person or persons, company or corporation, who shall dig, sink or excavate, or cause the same to be done, or being the owner or owners, or in the possession under any lease or contract, of any shaft, excavation or hole, whether used for mining or otherwise, or whether dug, sunk or excavated for the purpose of mining, to obtain water, or for any other purpose, within this State, shall, during the time they may be employed in digging, sinking or excavating, or after they may have ceased work upon or abandoned the same, erect, or cause to be erected, good and substantial fences or other safeguards, and keep the same in good repair, around such works or shafts, sufficient to guard securely against danger to persons and animals from falling into such shafts or excavations.

[1:16:1866; B § 109; BH § 290; C § 271; RL § 3233; NCL § 5630]

NRS 455.020 Filing of notice of violation; contents of notice. Any person who is a resident of the county and knows, or has reason to believe, that the provisions of NRS 455.010 are being or have been violated within such county, may file with the sheriff or the constable of the township where the hole, excavation or shaft exists a notice which must be in writing and must state:

1. The location, as near as may be, of the hole, excavation or shaft.

2. That the hole, excavation or shaft is dangerous to persons or animals, and has been left, or is being worked, contrary to the provisions of NRS 455.010 to 455.180, inclusive.

3. The name of the owner or owners of the hole, excavation or shaft, if known, or, if the owner is unknown, any persons who were known to be employed therein.

4. Whether the hole, excavation or shaft appears to be abandoned.

[2:16:1866; B § 110; BH § 291; C § 272; RL § 3234; NCL § 5631]—(NRS A 1983, 904; 1987, 1868; 1993, 880)

1. If a board of county commissioners receives information from the Division of Minerals of the Commission on Mineral Resources that there is in the county a dangerous condition that results from mining practices which took place at a mine that is no longer operating, if the information identifies a person responsible for the condition, the board shall transmit this information to the sheriff or the constable of the township where the condition exists.

2. Upon receipt of information pursuant to subsection 1 or upon the filing of the notice, as provided for in NRS 455.020, the sheriff or constable shall serve a notice, in the same manner and form as a summons, upon each person identified as owner or otherwise responsible.

[3:16:1866; B § 111; BH § 292; C § 273; RL § 3235; NCL § 5632]—(NRS A 1983, 905; 1987, 1869; 1993, 1625; 1999, 3624)

NRS 455.040 Contents of notice; judgment; criminal penalty.

1. The notice served pursuant to subsection 2 of NRS 455.030 must require the person or persons to appear before the justice of the peace of the township where the hole, excavation, shaft or other condition exists, or any municipal judge who may be acting in the place of the justice of the peace, at a time to be stated therein, not less than 3 days nor more than 10 days from the service of the notice, and show, to the satisfaction of the court, that the provisions of NRS 455.010 to 455.180, inclusive, or the standards established by the Commission on Mineral Resources for the abatement of dangerous conditions have been complied with, or if the person or persons fail to appear, judgment will be entered against the person or persons for double the amount required to abate the condition.

2. All proceedings had therein must be as prescribed by law in civil cases.

3. Such persons, in addition to any judgment that may be rendered against them, are liable and subject to a fine not exceeding the sum of $250 for each violation of the provisions of NRS 455.010 to 455.180, inclusive, which judgments and fines must be adjudged and collected as provided for by law.

[4:16:1866; B § 112; BH § 293; C § 274; RL § 3236; NCL § 5633]—(NRS A 1979, 1476; 1987, 1869; 1993, 881; 2005, 905; 2023, 211)

NRS 455.050 Suits to be commenced in name of State of Nevada; disposition of judgments and fines.

1. Suits commenced under the provisions of NRS 455.010 to 455.180, inclusive, must be filed in the name of the State of Nevada.

2. All judgments collected must be paid into the county treasury for county purposes.

3. All fines collected must be paid into the State Permanent School Fund.

[5:16:1866; B § 113; BH § 294; C § 275; RL § 3237; NCL § 5634]—(NRS A 1993, 881; 2023, 212)

NRS 455.060 Determination by board of county commissioners of whether to fence or guard abandoned excavation or mine no longer operating; payment of expenses.

1. If the notice states that the excavation, shaft or hole has been abandoned, and no person claims the ownership thereof, the sheriff or constable shall notify the board of county commissioners of the county, or any member of the board of county commissioners, of its location. Upon receipt of the notice, or of information from the Division of Minerals of the Commission on Mineral Resources that there is in the county a dangerous condition resulting from mining practices which took place at a mine that is no longer operating, if the information does not identify any person responsible for the dangerous condition, the board shall, as soon as possible thereafter, decide whether it should be fenced or otherwise guarded to prevent accidents to persons or animals.

2. All expenses thus incurred must be paid first out of the judgments collected in accordance with the provisions of NRS 455.010 to 455.180, inclusive, in the same manner as other county expenses.

[6:16:1866; B § 114; BH § 295; C § 276; RL § 3238; NCL § 5635]—(NRS A 1983, 905; 1987, 1869; 1993, 881, 1625; 1995, 548; 1999, 3624)

Excavation or Demolition Near Subsurface Installation

NRS 455.080 Definitions. As used in NRS 455.080 to 455.180, inclusive, unless the context otherwise requires, the words and terms defined in NRS 455.082 to 455.105, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1991, 1141; A 2005, 905; 2009, 1168; 2015, 322; 2023, 212)

NRS 455.082 “Approximate location of a subsurface installation” defined. “Approximate location of a subsurface installation” means a strip of land not more than 24 inches on either side of the exterior surface of a subsurface installation. The term does not include the depth of the subsurface installation.

(Added to NRS by 1991, 1142; A 2007, 675)

NRS 455.084 “Association for operators” defined. “Association for operators” means an organization that receives notifications pursuant to subsection 1 of NRS 455.110 and transmits such notifications to its members.

(Added to NRS by 1991, 1142)

NRS 455.085 “Contractor” defined. “Contractor” has the meaning ascribed to it in NRS 624.020.

(Added to NRS by 2023, 211)

NRS 455.086 “Damage” defined. “Damage” means:

1. The substantial weakening of the structural or lateral support of a subsurface installation;

2. The penetration or destruction of any protective coating, housing or other protective device of a subsurface installation; or

3. The partial or complete severance of a subsurface installation.

(Added to NRS by 1991, 1142)

NRS 455.088 “Demolition” defined. “Demolition” means the wrecking, razing, rendering, movement or removal of a structure or mass of material by means of tools, equipment or the placement and discharge of explosives.

(Added to NRS by 1991, 1142)

NRS 455.090 “Emergency” defined.

1. “Emergency” means a sudden, unexpected occurrence that involves clear and imminent danger and requires immediate action to prevent or mitigate loss of life or damage to health, property or essential public services.

2. As used in this section, “immediate action” includes, without limitation:

(a) The use of non-mechanical equipment and methods that are standard in the industry to determine the severity or spread of an underground leak; or

(b) The locating of a subsurface installation by the operator of the subsurface installation using non-mechanical equipment within the area of a proposed excavation if:

(1) The excavation is imminent;

(2) The excavator has complied with provisions of NRS 455.080 to 455.180, inclusive; and

(3) The operator has been unable to locate its subsurface installation.

(Added to NRS by 1991, 1142; A 2023, 212)

NRS 455.092 “Excavation” defined.

1. “Excavation” means the movement or removal of earth, rock or other material in or on the ground by:

(a) Use of mechanical equipment;

(b) Use of non-mechanical equipment by:

(1) A contractor; or

(2) Any person, other than a contractor, if at any point the movement or removal of such material occurs more than 12 inches below the surface of the original groundline; or

2. The term includes augering, backfilling, boring, digging, ditching, drilling, grading, plowing-in, ripping, scraping, trenching and tunneling.

(Added to NRS by 1991, 1142; A 2009, 1168; 2023, 212)

NRS 455.093 “High consequence subsurface installation” defined. “High consequence subsurface installation” means the following types of subsurface installations:

1. A high-pressure natural gas pipeline with a normal operating pressure greater than 100 pounds per square inch gauge;

2. A petroleum pipeline;

3. A pressurized sewage pipeline or force main;

4. A high-voltage electric supply line, conductor or cable that has a phase-to-phase potential of 115 kilovolts or more;

5. A high-capacity water pipeline that is 18 inches or more in diameter;

6. An optical carrier level communications line and any related facility;

7. A hazardous materials pipeline; or

8. Any other subsurface installation that if damaged will interrupt services provided by any facility or agency that provides health or safety services to the public, including, without limitation, hospitals, law enforcement agencies, armed forces, firefighting agencies, detention centers, air traffic control, emergency operation centers, telecommunication towers and water or sewer treatment plants.

(Added to NRS by 2015, 322)

NRS 455.094 “Mechanical equipment” defined. “Mechanical equipment” means equipment operated by mechanical power, including a trencher, bulldozer, power shovel, auger, backhoe, scraper, drill, cable or pipe plow or any other equipment used for plowing-in cable or pipe.

(Added to NRS by 1991, 1142)

NRS 455.095 “Non-mechanical equipment” defined. “Non-mechanical equipment” means equipment operated solely by human power, including, without limitation, a hammer or other device used to drive stakes or rods into the ground, mattock, pickaxe, shovel or spade.

(Added to NRS by 2023, 211)

NRS 455.096 “Operator” defined. “Operator” means any person who owns, operates or maintains a subsurface installation. The term does not include:

1. The Department of Transportation; or

2. An interstate railroad company that operates more than 1,000 miles of railroad track in this State, if the subsurface installations owned, operated or maintained by the company:

(a) Are located within the right-of-way of the company; and

(b) Do not include facilities subject to the jurisdiction of the United States Department of Transportation pursuant to 49 C.F.R. Parts 191 to 195, inclusive.

(Added to NRS by 1991, 1142; A 2023, 676)

NRS 455.098 “Person” defined. “Person” includes a government, governmental agency or political subdivision of a government.

(Added to NRS by 1991, 1142)

NRS 455.099 “Sewer main” defined. “Sewer main” means a sewer line with a diameter that exceeds 6 inches.

(Added to NRS by 2009, 1167)

NRS 455.0995 “Sewer service lateral” defined. “Sewer service lateral” means a pipe or conduit that connects a building or other property to a sewer main.

(Added to NRS by 2009, 1167)

NRS 455.101 “Subsurface installation” defined. “Subsurface installation” means a pipeline, force main, supply line, conductor, conduit, cable, duct, wire, communications line, sewer line, storm drain, other drain line or other structure that is located underground.

(Added to NRS by 1991, 1142; A 2015, 323)

NRS 455.103 “Unexpected occurrence” defined. “Unexpected occurrence” includes, but is not limited to, fire, flood, earthquake or other cause of the movement of the soil, or a riot, an accident, a motor vehicle crash or an act of sabotage that causes damage to a subsurface installation which requires immediate repair.

(Added to NRS by 1991, 1142; A 2015, 1679)

NRS 455.105 “Working day” defined. “Working day” means every day from 7 a.m. to 5 p.m., except Saturday, Sunday and any federal or state holiday.

(Added to NRS by 1991, 1142)

NRS 455.107 Exemption from compliance with statutory provisions.

1. Except as otherwise provided in subsection 2, possession of a permit to conduct an excavation or demolition does not exempt a person from complying with the provisions of NRS 455.080 to 455.180, inclusive.

2. A person is exempt from complying with the provisions of NRS 455.080 to 455.180, inclusive, if the person obtains the written consent of all operators involved in the proposed excavation or demolition before the person receives a permit to conduct the excavation or demolition.

(Added to NRS by 1991, 1142; A 2005, 905; 2009, 1168; 2023, 213)

NRS 455.110 Notification of association for operators required; marking proposed area of excavation or demolition; exception.

1. Except as otherwise provided in subsection 2, a person shall not begin an excavation or demolition if the excavation or demolition is to be conducted in an area that is known or reasonably should be known to contain a subsurface installation, except a subsurface installation owned or operated by the person conducting the excavation or demolition, unless the person:

(a) Notifies the appropriate association for operators pursuant to NRS 455.120, at least 2 working days but not more than 28 calendar days before excavation or demolition is scheduled to commence. The notification may be written or provided by telephone and must state the name, address and telephone number of the person who is responsible for the excavation or demolition, the starting date of the excavation or demolition, anticipated duration and type of excavation or demolition to be conducted, the specific area of the excavation or demolition and whether explosives are to be used.

(b) Cooperates with the operator in locating and identifying its subsurface installation by:

(1) Meeting with its representative as requested; and

(2) Making a reasonable effort that is consistent with the practice in the industry to mark with white paint, flags, stakes, whiskers or another method that is agreed to by the operator and the person who is responsible for the excavation or demolition, the proposed area of the excavation or demolition.

2. A person responsible for emergency excavation or demolition is not required to comply with the provisions of subsection 1 if there is a substantial likelihood that loss of life, health or property will result before the provisions of subsection 1 can be fully complied with. The person shall notify the operator of the action the person has taken as soon as practicable.

(Added to NRS by 1987, 1178; A 1991, 1145; 2005, 906; 2007, 675)

NRS 455.115 Record of notification of excavation or demolition; provision of names of operators to whom notice is transmitted by association for operators.

1. An association for operators who receives notification pursuant to NRS 455.110 by telephone and an operator who receives notification of a proposed excavation or demolition by telephone shall keep a written record of the notification for 6 years. The record must include, but is not limited to, the following information:

(a) The name of the person initiating the telephone call;

(b) The name, address and telephone number of the person who is responsible for the excavation or demolition;

(d) The type of excavation or demolition to be conducted;

(e) The specific area of the excavation or demolition; and

(f) Whether explosives are to be used.

2. If a person makes a notification to an association for operators pursuant to NRS 455.110, the association for operators shall provide to the person the names of the operators to whom the notice is transmitted by the association.

(Added to NRS by 1991, 1144)

NRS 455.120 Operator required to join association for operators to receive notification; statement to be filed with county clerk identifying association; record of notification received by telephone. An operator shall:

1. Join an association for operators to receive the notification required pursuant to paragraph (a) of subsection 1 of NRS 455.110 for its members.

2. File a statement with the clerk of the county in which the business of the operator is located:

(a) Containing the name, telephone number and address of the association; and

(b) Describing the geographical area served by the association for operators.

3. Make a written record of each notification of a proposed excavation or demolition that the operator receives by telephone.

(Added to NRS by 1987, 1178; A 1991, 1146)

NRS 455.125 Duties of operator of sewer main upon receipt of notification concerning sewer service lateral. If an operator of a sewer main receives notice through an association for operators pursuant to paragraph (a) of subsection 1 of NRS 455.110:

1. For a proposed excavation or demolition, the operator of the sewer main shall provide the person responsible for the excavation or demolition with the operator’s best available information regarding the location of the connection of the sewer service lateral to the sewer main. The operator shall convey the information to the person responsible for the excavation or demolition in such manner as is determined by the operator which may include any one or more of the following methods, without limitation:

(a) Identification of the location of the connection of the sewer service lateral to the sewer main;

(b) Providing copies of documents relating to the location of the sewer service lateral within 2 working days; or

(c) Placement of a triangular green marking along the sewer main or the edge of the public right-of-way, pointing toward the real property serviced by the sewer service lateral to indicate that the location of the sewer service lateral is unknown.

2. The operator of a sewer main shall make its best efforts to comply with paragraph (a) or (c) of subsection 1 within 2 working days. If an operator of a sewer main cannot complete the requirements of paragraph (a) or (c) of subsection 1 within 2 working days, then the operator and the person responsible for the excavation or demolition must mutually agree upon a reasonable amount of time within which the operator must comply.

3. A government, governmental agency or political subdivision of a government that operates a sewer main:

(a) Except as otherwise provided in subsection 4, in a county with a population of 52,000 or more may not charge a person responsible for excavation or demolition in a public right-of-way for complying with this section.

(b) In a county with a population of less than 52,000 may charge a person responsible for excavation or demolition in a public right-of-way for complying with this section in an amount that does not exceed the actual costs for the operator for compliance with this section. Costs assessed pursuant to this paragraph are not subject to the provisions of NRS 354.59881 to 354.59889, inclusive.

4. A government, governmental agency or political subdivision that operates a sewer main in a county with a population of 52,000 or more may charge a person responsible for excavation or demolition in a public right-of-way for complying with this section in an amount that does not exceed the actual costs for the operator for compliance with this section if:

(a) The sewer system of the operator services not more than 260 accounts; and

(b) There is no natural gas pipeline located within the service area of the operator of the sewer main.

Ê Costs assessed pursuant to this subsection are not subject to the provisions of NRS 354.59881 to 354.59889, inclusive.

5. If the operator of a sewer main has received the information required pursuant to NRS 455.131 or has otherwise identified the location of the sewer service lateral in the public right-of-way, then the operator of the sewer main shall be responsible thereafter to identify the location of the sewer service lateral from that information.

(Added to NRS by 2009, 1167; A 2009, 1171; 2011, 1278; 2023, 273)

NRS 455.127 Duty of operator of sewer main to maintain certain information relating to locations of connections. An operator of a sewer main shall maintain all information relating to the locations of connections of sewer service laterals to the sewer main:

1. Developed by the operator pursuant to NRS 455.125; or

2. Provided to the operator pursuant to subsection 2 of NRS 455.131.

(Added to NRS by 2009, 1168)

NRS 455.129 Operator of sewer main does not assume further duties or responsibilities for compliance with provisions. An operator of a sewer main who is not otherwise required by law to be responsible for the maintenance, operation, ownership or repair of a sewer service lateral that connects to the sewer main does not assume any further duty with respect to a sewer service lateral pursuant to this chapter nor become responsible for the maintenance, operation, ownership or repair of the sewer service lateral that connects to the sewer main solely because the operator complied with the provisions of NRS 455.080 to 455.180, inclusive.

(Added to NRS by 2009, 1168)

NRS 455.130 Duties of operator upon receipt of notification concerning certain subsurface installations.

1. Except in an emergency or as otherwise provided in subsection 2 or NRS 455.125, if an operator receives notice through an association for operators pursuant to paragraph (a) of subsection 1 of NRS 455.110, the operator shall:

(a) Locate and identify the subsurface installations and, if known, the number of subsurface installations that are affected by the proposed excavation or demolition to the extent and to the degree of accuracy that the information is available in the records of the operator or can be determined by using techniques of location that are commonly used in the industry, except excavating, within 2 working days or within a time mutually agreed upon by the operator and the person who is responsible for the excavation or demolition;

(b) Remove or protect a subsurface installation as soon as practicable if the operator decides it should be removed or protected; and

(c) Advise the person who contacted the association for operators of the location of the subsurface installations of the operator that are affected by the proposed excavation or demolition.

2. The operator shall notify the person who contacted the association for operators if the operator has no subsurface installations that are affected by the proposed excavation or demolition.

(Added to NRS by 1987, 1178; A 1991, 1146; 2009, 1169)

NRS 455.131 Use of permanent device to identify location of certain subsurface installations required; options for operator of sewer main.

1. Except as otherwise provided in subsection 2, an operator shall, for each subsurface installation that is installed on or after October 1, 2005, which cannot be detected from or above the surface of the ground by means of either the material used in constructing the subsurface installation or a conductor within the subsurface installation, install a permanent device which designates or provides a means of detecting a subsurface installation through the use of a noninvasive method from or above the surface of the ground. Such a device includes, without limitation, a tracer wire or a marker.

2. A person who connects a sewer service lateral to a sewer main shall, at the option of the operator of the sewer main:

(a) Install a permanent device as described in subsection 1 of a type designated by the operator of the sewer main at the connection of the sewer service lateral to the sewer main and where the sewer service lateral exits the public right-of-way and promptly provide the operator of the sewer main with the location of such permanent devices;

(b) Promptly provide the operator of the sewer main with the location of the connection of the sewer service lateral to the sewer main and where the sewer service lateral exits the public right-of-way as described by global positioning system coordinates which:

(1) Are either identified by latitude and longitude using decimal degrees or are identified using coordinates of the Universal Transverse Mercator system; and

(2) Specify for each coordinate whether the North American Datum of 1927, North American Datum of 1983 or the World Geodetic System 1984 was used; or

(c) Provide to the operator of the sewer main notification of when the sewer service lateral is exposed so that the operator of the sewer main can identify the location of the sewer service lateral.

3. As used in this section:

(a) “Above ground marker” is a marker which is installed flush with the surface of the ground or which protrudes above the surface of the ground above a subsurface installation and includes information concerning the subsurface installation.

(b) “Electronic marker” is a marker which is buried at various depths below or near the surface of the ground above a subsurface installation and which contains a passive antenna that:

(1) Can be identified with detection equipment; and

(2) Does not require an internal power source.

(c) “Marker” is a device that physically designates the location of a subsurface installation at intermittent locations along or above the subsurface installation and includes, without limitation, an above ground marker or electronic marker.

(d) “Tracer wire” is a locating wire which is installed in conjunction with a subsurface installation and is connected to a transmitter that carries a signal which is read by a receiver above the surface of the ground for the detection of the location of the subsurface installation.

(Added to NRS by 2005, 904; A 2009, 1169)

NRS 455.133 Criteria and colors for marking location of subsurface installation: Regulations of Public Utilities Commission of Nevada.

1. An operator who marks the approximate location of a subsurface installation shall make a reasonable effort to make the markings in a manner that is consistent with the practice in the industry. The operator shall use the identifying criteria and colors set forth in the regulations of the Public Utilities Commission of Nevada for the markings.

2. In adopting regulations setting forth the criteria and colors to be used pursuant to this section, the Public Utilities Commission of Nevada shall use nationally accepted standards for the identifying criteria and colors for marking subsurface installations.

(Added to NRS by 1991, 1143; A 2005, 906)

NRS 455.137 Determination of location of subsurface installation required before mechanical equipment may be used.

1. Except as otherwise provided in subsection 2, the person responsible for an excavation or demolition shall, before using any mechanical equipment, determine the exact location of a subsurface installation that is affected by the excavation or demolition by excavating with non-mechanical equipment or by any other method agreed upon by the person responsible for the excavation or demolition and the operator within the approximate location of the subsurface installation as designated by markings made in accordance with NRS 455.133.

2. A person may use mechanical equipment for the removal of pavement if there are no subsurface installations contained in the pavement.

3. If the exact location of a subsurface installation cannot be determined by using non-mechanical equipment, the person responsible for an excavation or demolition shall request the operator to provide additional information to locate the installation. The operator shall, within 1 working day, provide any information that is available to the operator to enable the person responsible for the excavation or demotion to determine the exact location of the installation.

(Added to NRS by 1991, 1143; A 2023, 213)

NRS 455.140 Duties of person responsible for contact with, exposure of or damage to subsurface installation.

1. Each person responsible for any excavation or demolition that results in contact with, exposure of or damage to a subsurface installation shall:

(a) Notify the operator of the location and nature of the damage; and

(b) Allow the operator reasonable time, consistent with the practice in the industry, to arrange for and to make any necessary repairs to the subsurface installation before completing the excavation or demolition in the immediate area of the subsurface installation.

2. Each person responsible for any excavation or demolition that results in any damage to a subsurface installation which permits the escape of water, of any flammable, toxic or corrosive gas or liquid, or of electricity, shall:

(a) Notify the operator; and

(b) Minimize the hazard until the arrival of the personnel of the operator.

(Added to NRS by 1987, 1178; A 1991, 1146)

NRS 455.150 Release from liability for cost of repairs to subsurface installation. Any person who substantially complies with the provisions of NRS 455.080 to 455.180, inclusive, is not liable for the cost of repairing any damage to a subsurface installation which results from the person’s excavation or demolition.

(Added to NRS by 1987, 1179; A 1991, 1147; 2009, 1170; 2023, 213)

NRS 455.160 Injunctive relief.

1. The Regulatory Operations Staff of the Public Utilities Commission of Nevada, the Attorney General, an operator, a person conducting an excavation or demolition, or the district attorney of a county or the city attorney of a city in which there is an excavation or demolition or a proposed excavation or demolition which he or she believes may cause death, serious physical harm or serious property damage may file a complaint in the district court for the county seeking to enjoin the activity or practice of an operator or a person who is responsible for the excavation or demolition.

2. Upon the filing of a complaint pursuant to subsection 1, the court may issue a temporary restraining order before holding an evidentiary hearing.

(Added to NRS by 1991, 1143; A 1997, 2000; 2007, 675)

NRS 455.170 Civil penalty: Action for enforcement; amount; considerations; reimbursement for cost of prosecution; judicial review.

1. An action for the enforcement of a civil penalty pursuant to this section may be brought before the Public Utilities Commission of Nevada by the Attorney General, a district attorney, a city attorney, the Regulatory Operations Staff of the Public Utilities Commission of Nevada, the governmental agency that issued the permit to conduct an excavation or demolition, an operator or a person conducting an excavation or demolition.

2. Except as otherwise provided in subsection 4, in addition to any other penalty provided by law, any person who willfully or repeatedly violates a provision of NRS 455.080 to 455.180, inclusive, is liable for a civil penalty:

(a) Not to exceed $2,500 per day for each violation; and

(b) Not to exceed $250,000 for any related series of violations within a calendar year.

3. Except as otherwise provided in subsections 2 and 4, any person who negligently violates any such provision is liable for a civil penalty:

(a) Not to exceed $1,000 per day for each violation; and

(b) Not to exceed $50,000 for any related series of violations within a calendar year.

4. The maximum civil penalty imposed pursuant to this section may be tripled for each violation that involves contact with, or that occurs less than 24 horizontal inches from a high consequence subsurface installation, regardless of the depth of the location of the high consequence subsurface installation. The amount of any civil penalty imposed pursuant to this section and the propriety of any settlement or compromise concerning a penalty shall be determined by the Public Utilities Commission of Nevada.

5. In determining the amount of the penalty or the amount agreed upon in a settlement or compromise, the Public Utilities Commission of Nevada shall consider:

(a) The gravity of the violation;

(b) The good faith of the person charged with the violation in attempting to comply with the provisions of NRS 455.080 to 455.180, inclusive, before and after the violation;

(c) Any history of previous violations of the provisions of NRS 455.080 to 455.180, inclusive, by the person charged with the violation;

(d) The willfulness or negligence of the person charged with the violation in failing to comply with the provisions of NRS 455.080 to 455.180, inclusive;

(e) The timeliness of notification of the violation to the Public Utilities Commission of Nevada by the person charged with the violation;

(f) The cooperation of the person charged with the violation in the investigation and repair of any damage caused by the violation; and

(g) Whether an interruption of services occurred as a result of the violation.

6. Except as otherwise provided in this subsection, a civil penalty recovered pursuant to this section must first be paid to reimburse the person who initiated the action for any cost incurred in prosecuting the matter. If the Regulatory Operations Staff of the Public Utilities Commission of Nevada initiates the action, a civil penalty recovered pursuant to this section must be deposited in the State General Fund.

7. Any person aggrieved by a determination of the Public Utilities Commission of Nevada pursuant to this section may seek judicial review of the determination in the manner provided by NRS 703.373.

(Added to NRS by 1991, 1144; A 1997, 2000; 2005, 907; 2007, 675; 2009, 1170; 2015, 323; 2023, 213)

NRS 455.180 Civil remedies preserved; additional civil remedy not created. The provisions of NRS 455.080 to 455.170, inclusive, do not affect any civil remedies provided by law for personal injury or property damage and do not create a new civil remedy for any personal injury or property damage.

(Added to NRS by 1991, 1145; A 2009, 1171; 2023, 214)

OVERHEAD LINES CARRYING HIGH VOLTAGE

NRS 455.200 Definitions. As used in NRS 455.200 to 455.250, inclusive, unless the context otherwise requires:

1. “High voltage” means voltage in excess of 600 volts measured between conductors or between a conductor and a ground.

2. “Overhead line” means a bare or insulated electrical conductor installed above ground.

3. “Public utility” has the meaning ascribed to it in NRS 704.020.

(Added to NRS by 1993, 878)

NRS 455.210 Applicability of provisions. The provisions of NRS 455.220 and 455.230 are not applicable to:

1. An employee of a public utility which produces, transmits or delivers electricity, or a public utility which provides communication services, while the employee, in the course of his or her employment, constructs, modifies, operates or maintains:

(a) Electrical systems;

(b) Communication systems; or

2. An employee of a video service provider operating pursuant to chapter 711 of NRS or a business which provides communication services, while the employee, acting within the scope of his or her employment, is making service attachments to the structure supporting an overhead line carrying high voltage, if authorized to do so by the public utility operating the overhead line.

(Added to NRS by 1993, 878; A 2007, 1392)

NRS 455.220 Conducting of activities near line: Prohibition; exception. Except as otherwise provided in NRS 455.230:

1. A person shall not perform any act if it is reasonably foreseeable that during the performance of the act the person, or any part of any tool or material used by the person, is likely to be moved or to be placed any closer to an overhead line carrying high voltage than the following clearances:

(a) For lines rated 50 kilovolts or less, 10 feet of clearance.

(b) For lines rated greater than 50 kilovolts, 10 feet of clearance plus four-tenths of an inch of clearance for each kilovolt greater than 50 kilovolts.

2. A person shall not operate any mechanical or hoisting equipment in a manner by which any part of the equipment or load of the equipment is capable by vertical, lateral or swinging motion to be moved or to be placed any closer to an overhead line carrying high voltage than the following clearances:

(a) For lines rated 50 kilovolts or less, 10 feet of clearance.

(b) For lines rated greater than 50 kilovolts, 10 feet of clearance plus four-tenths of an inch of clearance for each kilovolt greater than 50 kilovolts.

(Added to NRS by 1993, 878)

NRS 455.230 Conducting of activities near line: Authorization; powers and duties of public utility; payment of expenses for preventative measures.

1. A person may perform an act or operate equipment in closer proximity to an overhead line carrying high voltage than authorized by NRS 455.220 if, before performing the work:

(a) Notice of the work to be performed is provided to the public utility operating the overhead line carrying high voltage; and

(b) The public utility operating the overhead line carrying high voltage consents to the performance of the work.

2. If the work can be performed with reasonable safety, the public utility shall promptly consent to the performance of the work. As a condition of consent, the public utility may:

(a) Reasonably limit the time, place and manner of the work to preserve public safety.

(b) Place temporary mechanical barriers to separate and prevent contact between material, equipment or persons and the overhead line carrying high voltage.

3. Except as otherwise provided in this subsection, the person responsible for performing the work in the vicinity of the overhead line carrying high voltage shall pay any actual expenses incurred by the public utility in carrying out the preventative measures required as a condition of consent pursuant to paragraphs (b) and (c) of subsection 2. If, at the time the public utility installed the overhead line involved, the structure on which the person is performing the work was within 10 feet of the overhead line, the public utility shall pay any actual expenses incurred by it in carrying out the preventative measures required as a condition of consent pursuant to paragraphs (b) and (c) of subsection 2.

4. The public utility may require that an agreement regarding payment be executed before the public utility carries out the preventative measures required as a condition of consent pursuant to paragraphs (b) and (c) of subsection 2.

5. The public utility shall initiate the provision of preventative measures required as a condition of consent pursuant to paragraphs (b) and (c) of subsection 2:

(a) If an agreement regarding payment for the preventative measures is required, within 5 working days after the date the agreement is executed.

(b) If an agreement regarding payment for the preventative measures is not required, within 5 working days after the date that the public utility receives notice of the work pursuant to paragraph (a) of subsection 1.

Ê The preventative measures must be completed as soon as practicable.

(Added to NRS by 1993, 879)

NRS 455.240 Liability for violation causing contact with line. If an act constituting a violation of any provision of this chapter causes contact with an overhead line carrying high voltage, each person who committed the violation or caused another person to commit the violation shall pay the public utility operating the overhead line carrying high voltage for:

1. All damages to property of the public utility;

2. All reasonable costs and expenses incurred by the public utility as a result of the contact; and

3. The costs and expenses incurred by the public utility as a result of the contact for damages to third persons.

Ê Each person who committed a violation causing the contact or who caused another person to commit a violation causing the contact is jointly and severally liable for the payment required by this section.

(Added to NRS by 1993, 879)

NRS 455.250 Civil penalty: Action for enforcement; amount; disposition of proceeds; judicial review.

2. Any person who violates a provision of NRS 455.200 to 455.240, inclusive, is liable for a civil penalty not to exceed $1,000 per day for each violation.

3. The amount of any civil penalty imposed pursuant to this section and the propriety of any settlement or compromise concerning a penalty must be determined by the Public Utilities Commission of Nevada upon receipt of a complaint by the Attorney General, an employee of the Public Utilities Commission of Nevada who is engaged in regulatory operations, a district attorney or a city attorney.

4. In determining the amount of the penalty or the amount agreed upon in a settlement or compromise, the Public Utilities Commission of Nevada shall consider:

(a) The gravity of the violation;

(b) The good faith of the person charged with the violation in attempting to comply with the provisions of NRS 455.200 to 455.240, inclusive, before and after notification of a violation; and

5. A civil penalty recovered pursuant to this section must first be paid to reimburse the person who initiated the action for any cost incurred in prosecuting the matter. Any amount remaining after such reimbursement must be deposited in the State General Fund.

6. Any person aggrieved by a determination of the Public Utilities Commission of Nevada pursuant to this section may seek judicial review of the determination in the manner provided by NRS 703.373.

(Added to NRS by 1993, 880; A 1997, 2001; 1999, 492)