Laws

South Dakota One Call Laws and Rules

Excavators and facility operators should be familiar with all aspects of the South Dakota One Call system including state statutes and rules and other standards that govern the program.

IMPORTANT: PLEASE NOTE THE FOLLOWING NEW LAW CHANGE TO 49-7A-12.  NOTIFICATION OF DAMAGE OF UNDERGROUND FACILITY, EFFECTIVE JULY 1, 2018:

49-7A-12. If any underground facility is damaged, dislocated, or disturbed in advance of or during excavation work, the excavator shall immediately notify the one-call notification center and, if known, the operator of the facility of the damage, dislocation, or disturbance. No excavator may conceal or attempt to conceal any damage, dislocation, or disturbance, nor may that excavator attempt to make any repair to the facility unless authorized by the operator of the facility. If the damage, dislocation, or disturbance results in the escape of any flammable, toxic, or corrosive gas or liquid, the excavator shall immediately report the escape to the authorities by calling the 911 emergency telephone number and notifying the one-call notification center and, if known, the operator of the facility.

Statutes
Chapter 49-7A of South Dakota Codified Law describes the One Call notification system for excavation activities.

Administrative Rules (Current, Proposed and Past Rules)
Article 20:25 of South Dakota Administrative Rules addresses the One Call notification system.

Attorney General’s Opinions
South Dakota Attorney General Larry Long issued official opinion No. 08-07 in August 2008 regarding responsibility to mark underground facilities as is required by SDCL 49-7A.

South Dakota Attorney General Marty J. Jackley issued official opinion No. 10-01 in January 2010 regarding the applicability of one call notification requirements to railroads.

South Dakota Attorney General  Marty J. Jackley issued an opinion on Feb. 22, 2011, regarding the use of federal grant funds by the South Dakota One Call Notification Board.

Declaratory Rulings 
October 2010 – Declaratory ruling regarding how close an underground facility can be placed on either side of a marked facility and regarding facility operator marking the outside edge of its facility to ensure excavator maintains a minimum horizontal clearance of eighteen inches from both sides of a facility.

December 2000 – Declaratory ruling regarding when excavation can begin following notification to South Dakota One Call.