What does Arizona 811 require before a commercial excavation?

The rule is A.R.S. 40-360.22, part of Arizona's Blue Stake law. Subsection A says a person shall not "make or begin any excavation in any public street, alley, right-of-way dedicated to the public use or public utility easement or in any express or implied private property utility easement or in any apartment community or mobile home park" without first determining "whether underground facilities will be encountered, and if so where they are located from each and every underground facilities operator."

The statute's definition of excavation is wide. It covers "grading, trenching, digging, ditching, drilling, augering, boring, tunnelling, scraping, cable or pipe plowing and driving." A trench for a sewer lateral counts. So does a bore for a new water service, and so does a post hole for a sign.

1. 1White-line the dig area. Before the request goes in, the excavator must "clearly and carefully mark with white lining the area that is requested to be excavated." The only exception is a person digging on their own single-family home. The statute says the white-lining rule applies to everything else, "including large projects."
2. 2Notify the one-call center. That is Arizona 811. The penalty section refers to notice "at least two business days before beginning excavation."
3. 3Wait for the marks. Each affected utility must respond "not later than two working days" by marking with stakes, paint or another customary method. The excavator may not begin until the marking is complete or the utility says none is needed.
4. 4Dig inside the window. The statute makes marking valid for fifteen working days from the date of marking. If work will run longer, the excavator must ask for an extension "at least two working days before the end of the validity period."
5. 5Keep the request tight. The statute tells excavators to limit a request to "an area that can reasonably be excavated within the validity period of the markings."

The statute's list of accepted ways for a utility to locate a line includes "Manual location techniques, including pot-holing."

A few rules matter more to commercial owners than to homeowners.

• Apartment communities and mobile home parks. For these, the excavator must inform the landlord and make the inquiry to the landlord by certified mail using a form prepared by a one-call notification center. A landlord has up to ten working days to respond, not two, and "each landlord is responsible for marking the underground facilities operated by the landlord," including private lines the landlord owns.
• Private sewer lines. The sewer system operator marks privately owned sewer facilities installed after December 31, 2005 that sit in a public street, alley, right-of-way or public utility easement. Older privately owned sewer lines may not be marked to the same standard.
• Detectible location devices. New underground facilities installed after December 31, 2005 must include a detectible location device unless they can already be found from above ground, with a narrow exception for some single-family property. In practice that means tracer wire or locator tape on new commercial lines.
• Abandoned lines. Do not treat an apparently abandoned line as dead. The excavator "shall not treat the underground facility as abandoned until" it has been verified.
• Large projects. If a job exceeds one mile of linear excavation, covers a polygon of a quarter square mile or more, or is expected to last more than 90 calendar days, the excavator must notify the one-call center at least 15 business days, or 21 calendar days, before the start to schedule a coordination meeting. The definition excludes "the on-site development of a new residential or commercial project on a previously undeveloped parcel of land."

### What the locate does and does not do

Marks tell you where the lines are. They do not make digging safe on their own. A.R.S. 40-360.23 says the information "does not excuse any person making any excavation from doing so in a careful and prudent manner," nor from liability for damage. Practically, that means hand-dig or expose lines near the marks, do not move or erase them, and report any facility that is unmarked or marked in the wrong place.

The statute also says it does not replace city rules. If you are in a public street, you still need the right-of-way permit. Mesa's code, for one, requires permittees to "participate as a member of the Arizona Location Service" and to give the city proof. See whether commercial plumbing work in the street needs a right-of-way permit.

### What happens if it is skipped

Section 40-360.28 sets the consequences. A violator "is subject to a civil penalty in an amount of not more than $5,000." If the violation damages an underground facility, the violator is liable "to all affected underground facilities operators and excavators for all resulting damages proximately caused by the violations, including economic loss." A single cut fiber trunk or gas main can dwarf the penalty.

There are three narrow exemptions. The section does not apply to excavation during an emergency involving "immediate danger to life, health or property if reasonable precautions are taken to protect underground facilities," to agricultural operations, or to gardening with hand tools on property the digger owns or occupies. A busted commercial water main is a real emergency. A planned tap is not.

• Book the locate early. Two working days is the utilities' deadline, not a guarantee they show at 8 a.m.
• Match the dates to the permit. Right-of-way permits, traffic control and the locate should all cover the same work window. See who handles traffic control when plumbing work closes a lane or sidewalk.
• Ask your plumber who is filing the request. It is the excavator's duty. Get the ticket number.
• Photograph the marks before work begins, in case a question comes up later.
• Watch the calendar. Marks expire after 15 working days. A job that slips a few weeks, because of a permit delay or a supply problem, may need fresh marks, so ask for a re-mark before the crew remobilizes.
• Keep the ticket number with the permit paperwork. Then the locate and the permit are both on site if an inspector or the utility asks.

For the Phoenix homeowner version of this topic, see do I need a permit to dig in the right-of-way in Phoenix.

HQ Plumbing & Air can take on commercial sewer and water work that involves digging, including the locate request. We are licensed and insured, estimates are free, and you get the price up front before work starts. Emergency line breaks are covered 24/7.

This page summarizes state law and is not legal advice. The statute has more subsections and exceptions than fit here, so read A.R.S. 40-360.21 through 40-360.32 or ask the one-call center for the current process before you dig.