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Nebraska Statute 76-2326. Damage; duty of excavator. If any underground facility is damaged, dislocated or disturbed before or during excavation, the excavator shall immediately notify the center (Nebraska811). An excavator shall not conceal or attempt to conceal damage, dislocation or disturbance of an underground facility and shall not repair or attempt to repair the underground facility unless authorized by the operator of the underground facility.
Why is damage reporting required?
- It ensures that the correct utility company is notified of the damage
- It notifies all utility companies with facilities located near the damaged facility, and allows them to determine whether the integrity of their underground facilities has been (or will be) affected
- It provides an instant notification to the affected utility company, allowing them to quickly access and arrange for any needed repairs to avoid injury to the public or service interruptions
How to report a damage to Nebraska811:
All damages must be reported to Nebraska811 by either dialing 8-1-1 or 800-331-566. You will be asked for the ticket number of the original locate request, along with any associated details involving the location of the damaged facility(s). Please note, if you were illegally excavating without a current Nebraska811 locate request at the time of the damage, you are still required to call Nebraska811 and notify them of the damage.
Rule and Regulation Changes
Regulation Changes Effective 8/13/19
Changes to Title 155 NAC Chapter 1 and Chapter 2, signed by the Governor, are effective as of 8/13/19. Those changes include the following:
Ticket Start Time
Previously, the start times were calculated on a ‘rolling’ two working day notice. For example, a request made Monday at noon could have a start date as early as Wednesday at noon. As of 8/13/2019, the new calculation will not include the day the request is made to provide for a full two working day notice. For example, a request made Monday at noon would require a start date of sometime on Thursday (Monday doesn’t count, Tuesday and Wednesday would be two full working days).
The ticket life will be calculated by adding 17 calendar days to the start date and time requested on the ticket. Refresh tickets should be requested anytime marks are destroyed or become unusable, but a refresh will be required if work will continue beyond the expiration date. In order to avoid delays, refresh tickets should be completed at least two working days before the ticket expires. The ticket expiration date is shown/listed on the ticket.
Mandatory Electronic Positive Response
All underground operators in NE are required to provide electronic positive response to NE811 for every ticket received. That status is then communicated to the excavator, along with any notes, allowing them to know when they could start their jobs without having to make a trip to the site. Any utility that is not currently configured to provide positive response should contact NE811 as soon as possible at: email@example.com including your name, company name, a contact phone number, and any questions you may have or by phone to 866-679-9076.
Effective 8/13/2019, operators shall mark lines using the APWA color code. Markings shall include the use of paint, flags, stakes, whiskers, signs, or posts or any combination of these. Painted spots or dots can be used to identify utilities; the direction of the facility must be identifiable. Offsets can be used when there is a strong likelihood that the marks may be destroyed. Offsets are placed parallel to the running line of the facility. The offset shall indicate the distance and direction from the offset to the facility. When known, the markings shall include: the size of the facility, if over 2 inches in width; the material make-up of the facility, and the facility (owner) name.
Refer to Nebraska Statue 76-2323 for more information on marking underground facilities.
Hand digging shall be required within eighteen inches plus half the width of the marked underground facility. A person shall expose the underground facility to its outermost surfaces by hand or other nondestructive techniques.
Definition of Hand Digging: any excavation involving non-mechanized tools or equipment. It shall include but not be limited to, digging with shovels, picks, and manual post-hole diggers, vacuum excavation or soft digging.
The full text of Chapters 1 & 2 can be found below:
Hand Digging Rule
Hand digging is required within the tolerance zone which is 18 inches plus half the width of the marked underground facility. A person shall expose the underground facility to its outermost surfaces by hand or other nondestructive techniques.
Hand digging is defined as any excavation involving non-mechanized tools or equipment. It shall include but not be limited to, digging with shovels, picks, and manual post-hole diggers, vacuum excavation or soft digging.
If in the course of excavation, the excavator discovers that the operator has incorrectly located the underground facility, he or she shall notify the center as soon as practical but no later than seventy-two hours after discovery.
Locatable Line Requirement
PLEASE NOTE: As of January 1, 2021, any plastic or nonmetallic facility installed underground shall be locatable.
As stated in Nebraska Statute 76-2320.02.
Use of plastic or nonmetallic underground facilities; installation requirements. Notwithstanding any other provision of the One-Call Notification System Act, any plastic or nonmetallic underground facilities installed underground on or after January 1, 2021, shall be installed in such a manner as to be locatable, either by mapping or by use of tracer wire, by the operator for purposes of the act.
Marking Standards – Offsets, Spots and Dots, Facility Size/Material/Operator
Marking Standard Changes
In 2019, several changes to marking standards went into effect. Full details are available at www.ne1call.com/ ne-law-enforcement/rule-and-regulation-changes
- Effective 8/13/2019, operators shall mark lines using the APWA color code. Markings shall include the use of paint, flags, stakes, whiskers, signs, or posts or any combination of these.
- Painted spots or dots can be used to identify utilities; the direction of the facility must be identifiable
- Offsets can be used when there is a strong likelihood that the marks may be destroyed. Offsets are placed parallel to the running line of the facility. The offset shall indicate the distance and direction from the offset to the facility.
- When known, the markings shall include: the size of the facility, if over 2 inches in width; the material make-up of the facility, and the facility (owner) name.
Facility information is required so that excavators are able to calculate the tolerance zone and hand dig if working within it.
No Response Tickets
A No response ticket is a tool for excavators to use when they’ve placed a locate request and one or more utilities have no responded electronically by the start date/time.
Any utility receiving a no response notification should respond as soon as possible but no later than two hours.
Prior to excavating, the excavator should be aware that buried facilities may exist within the dig site that are privately owned or for various reasons, the operator is not notified by Nebraska811 and thus not listed on the ticket. It is very important that excavators inspect the work area for signs of such facilities and contact the owner to verify the location or obtain more information.
In the graphic below, the dashed lines show examples of what may be privately owned lines. This could include for example, lines from the house to the main, lines between the utility meter and the house/building or any line installed, maintained, and/or used solely on a person’s property.
In addition, a facility operator as defined in the One-Call law, is not required to mark beyond the demarcation point of their facility. The demarcation point can vary depending on the type of facility and the facility operator’s policies.
Examples include but are not limited to:
- Natural gas or propane lines running to fire pits, barbecue grills, pool heaters, hot tubs, etc.
- Landscape lighting, invisible pet fencing.
- Water lines for water features, underground sprinklers.
- Electric lines for out buildings, garages, gazebos, sheds, RV hookups, etc.
- Electric lines for parking lot lights.
- Electric lines for commercial signage.
- Private sewer and water lines including septic laterals and water service.
- Electric lines to center pivots.
- Farm tap service lines.
- State owned underground facilities such as intersection lights.
For a private facility locator directory, visit:
Current Status Codes:
Definitions Status Code definitions for use when a utility is providing Electronic Positive Response on a locate ticket.
|CODE||STATUS||DESCRIPTION||UTILITY COMPLIANCE WITH 76-2323|
|0||Not yet responded||The utility has not yet responded to the locate request||
|1||Clear/No Conflict||The utility is indicating they have no buried utilities in the described area of excavation. The utility is not required to visit the job site and may “clear” a ticket remotely by setting this status.||
|2||Marked||The utility has marked the approximate location of buried utilities in the described area of excavation.||
|3||Area of excavation could not be determined||The utility needs clarification regarding the area of excavation and/or is requesting maps, an on-site meet or white lining. Communication/follow up is needed.||
|4||Not complete/In progress||The utility has not completed their response to the locate request.||
|5||Maps or other Documentation Provided||The utility has provided maps, pertinent information or locating assistance for the described area of excavation.||
|6||Locator could not gain access to the property||The utility could not access to the excavation site and thus could not respond to the locate request. Communication/follow up is needed.||
|7||No locate performed||The utility did not perform a locate. This status is intended for use only on “Damage” or “Cancelled” ticket types.||
|8||Marked-Standby requested||The utility has marked and is requesting to be on-site during excavation.||
Ticket Check® is a positive response system where locators provide their response by selecting a status for each ticket which can then be viewed online.
- Excavator notifies Nebraska811 and describes their dig area.
- Ticket logged into computer and sent to Member Utilities and Ticket Check system.
- Each member utility responds electronically by selecting a status via the Ticket Check system. Responses are stored online and can be viewed with the ticket at any time.
- TicketLINK closes the loop by sending a notice to the excavator with the electronic response that has been supplied by each facility operator. The excavator has status information without having to visit the dig site.
- Excavator’s work begins.
How Long is a Ticket Valid?
The ticket life on a standard excavation ticket shall be 17 calendar days after the start date and time on the ticket. Refresh tickets should be requested anytime marks are destroyed or become unusable, but a refresh will be required if work will continue beyond the expiration date.
The proposed excavation area on a ticket should be limited to that which can reasonably be completed within the 17 days. If the excavation is not completed by day 14, a refresh ticket should be placed with the center.
The ticket life shall not supersede the requirement that markings shall be done in a manner that will last for a minimum of five business days on any nonpermanent surface and a minimum of ten business days on any permanent surface.
Questions can be directed to firstname.lastname@example.org