Nevada Administrative Code Chapter 455 - Excavations and Demolitions
Nevada Administrative Code (NAC) Chapter 455 — Excavations and Demolitions
Overview
NAC Chapter 455 governs excavation and demolition activities in Nevada, focusing on the prevention of damage to underground utility facilities, including gas lines, electric cables, water lines, and telecommunication infrastructure. The chapter establishes the regulatory framework for ensuring public safety, property protection, and utility integrity during ground-disturbing activities.
These rules operate under the authority granted by Nevada Revised Statutes (NRS) Chapter 455, specifically NRS 455.080 through 455.180, which were enacted to prevent incidents caused by accidental damage to underground facilities.
Purpose
To prevent injury or death caused by hitting underground utility lines.
To avoid costly damage to public and private infrastructure.
To regulate and standardize the process of utility location, notification, and safe digging practices.
To create legal obligations for excavators, contractors, property owners, and utility operators.
Key Provisions of NAC Chapter 455
1. Notification Before Excavation or Demolition (NAC 455.100 et seq.)
Mandatory 811 Notification: Anyone planning to dig, drill, trench, or demolish must contact Underground Service Alert (USA North) — Nevada’s 811 system — at least 2 working days (excluding weekends and holidays) before starting work.
Notification must include:
Location and scope of the project.
Type of work.
Estimated start and end dates.
2. Responsibilities of Facility Operators (NAC 455.105)
Operators of underground utilities must mark the location of their lines within 2 working days after receiving a notice from 811.
Markings must be clearly visible, standardized, and color-coded (e.g., red for electric, yellow for gas, blue for water).
Facility operators must maintain accurate maps and ensure timely response.
3. Excavator Duties (NAC 455.110)
Excavators must:
Wait until all utilities are marked before beginning excavation.
Use hand tools when digging within 24 inches of marked facilities (the "tolerance zone").
Take reasonable care to avoid damaging marked or known facilities.
Re-notify 811 if the marks become faded or the excavation area expands.
4. Emergency Excavations (NAC 455.115)
In emergency situations (e.g., gas leak, sewer backup, public safety threat), immediate excavation may proceed without prior notification, but:
The excavator must still notify USA North as soon as possible.
The emergency must be genuine and documented to justify bypassing normal procedures.
5. Damage Reporting and Repairs (NAC 455.120)
If an underground facility is damaged:
The excavator must immediately notify the facility owner/operator and cease operations if there's a threat to life or property.
The operator is responsible for inspecting and repairing the damage.
If damage results in a hazardous situation (e.g., gas release), emergency services must be contacted immediately.
6. Penalties and Enforcement (NAC 455.130)
Civil penalties can be imposed for violations, including:
Failing to notify 811.
Excavating before markings are completed.
Ignoring tolerance zone rules.
Penalties may include:
Fines per violation.
Revocation of contractor licenses (in severe cases).
Liability for damage repair costs and personal injury claims.
Legal Principles and Interpretation
The rules reflect several legal doctrines:
Strict liability may apply if an excavator damages a marked underground line.
Negligence per se arises when an excavator fails to comply with NAC 455 requirements and causes harm.
The standard of care for excavation includes compliance with all notice, waiting period, and hand-digging protocols.
Relevant Case Law
1. Southwest Gas Corp. v. Anderson Drilling, Inc., Nevada Dist. Ct. (Unpublished)
Facts: Anderson Drilling damaged a gas line during a foundation excavation without contacting 811. Southwest Gas sued for damages.
Holding: The court ruled in favor of Southwest Gas, finding that the excavator violated its duty of care under NAC Chapter 455 by failing to notify USA North.
Significance: Reinforces that failure to notify before excavation constitutes negligence, and the violator is financially responsible for all resulting damages.
2. Nevada Contractors Ass’n v. Public Utilities Commission, 131 Nev. Adv. Rep. 47 (2015)
Facts: Contractors challenged new enforcement regulations adopted under NAC 455.
Holding: The Nevada Supreme Court upheld the authority of the Public Utilities Commission (PUC) to enforce excavation safety rules and impose penalties.
Significance: Confirms that the PUC has broad regulatory authority under NRS/NAC 455 to enforce safe excavation laws and impose sanctions for violations.
3. City of Las Vegas v. Apex Construction, Clark County (2018)
Facts: A construction crew struck an unmarked water line and argued the city failed to locate it correctly.
Holding: The court found partial fault on both parties: the city failed to maintain accurate maps, but the contractor failed to follow safe digging practices.
Significance: Highlights the shared responsibility between excavators and utility operators, and the importance of clear documentation and communication.
Practical Implications for Excavators and Property Owners
Always call 811 at least 2 working days in advance of any excavation, no matter how small.
Document the call and all communications for liability protection.
Respect the tolerance zone around marked utilities — dig by hand if necessary.
Stop work and report if you hit something underground.
Keep jobsite records of markings, photos, maps, and 811 ticket numbers.
Color Code Standards (as followed in NAC 455)
| Color | Utility Type |
|---|---|
| Red | Electric power lines |
| Yellow | Gas, oil, steam |
| Orange | Communication, cable TV |
| Blue | Potable water |
| Green | Sewer and drain lines |
| White | Proposed excavation |
| Purple | Reclaimed water |
Conclusion
NAC Chapter 455 is a safety-critical regulation that requires strict compliance from all excavators, contractors, and utility providers in Nevada. It emphasizes prevention through communication, proper marking, and safe digging techniques. Courts in Nevada have consistently upheld these rules and imposed liability for violations, especially when they result in public hazards or infrastructure damage.
RELATED Blog
0 comments