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26.399.10 101st Legislative Session 9
2026 South Dakota Legislature
Senate Bill 9
ENROLLED
AN ACT
ENTITLED An Act to revise provisions regarding notices to the one -call notification
center.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 49-7A-5 be AMENDED:
49-7A-5. No excavator may begin any excavation without first notifying the one -
call notification center of the proposed excavation. The excavator shall give notice by
telephone or by other methods approved by the board, pursuant to rules promulgated
pursuant to cha pter 1-26, to the one -call notification center, at least forty -eight hours
prior to the commencement of the excavation. The forty-eight-hour period begins at 12:01
a.m. the day after notice is submitted to the notification center, excluding any Saturday,
Sunday, or legal holiday of the state.
The board may promulgate rules, pursuant to chapter 1-26, to reduce the forty -
eight-hour period for emergency or subsequent inquiries to the original locate request,
and may lengthen the forty-eight-hour period for nonexcavation requests.
Section 2. That § 49-7A-8 be AMENDED:
49-7A-8. An operator shall, upon receipt of the notice, advise the excavator of the
location of underground facilities in the proposed excavation area by marking the location
of the facilities with stakes, flags, paint, or other clearly identifiable markings within
eighteen inches horizontally from the exterior sides of the underground facilities. The
board shall promulgate rules, pursuant to chapter 1-26, to establish the response time for
operators to mark the underground facilities. The operator's response time must be within
one of the following periods, whichever is later:
(1) The forty -eight-hour period beginning at 12:01 a.m. the day after notice is
received; or
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(2) The period between notice being given and the excavation start time provided by
the excavator.
The forty-eight-hour period does not include Saturdays, Sundays, or legal holidays
of the state. The response time may be less than the forty -eight-hour period for
emergency or subsequent inquiries to the original locate request, and may be longer than
the forty-eight-hour period for nonexcavation requests.
Excavators shall maintain a minimum horizontal clearance of eighteen inches
between a marked underground facility and the cutting edge of any mechanical
equipment. If excavation is required within eighteen inches, horizontally, the excavator
must expose th e facility with hand tools or noninvasive methods approved pursuant to
rule, and protect and support the facility prior to further excavation with mechanical
equipment.
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An Act to revise provisions regarding notices to the one-call notification center.
I certify that the attached Act originated in
the:
Senate as Bill No. 9
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk of the House
Senate Bill No. 9
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2026 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2026
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________, 2026
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State