RCW 19.122.030
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/wa/title-19/chapter-19-122/19-122-030·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)(a) Unless exempted under RCW 19.122.031 , before commencing any excavation, an excavator must mark the boundary of the excavation area with white lining or, when necessary, white pin flags, applied on the ground of the worksite, then provide notice of the scheduled commencement of excavation to all facility operators through a one-number locator service. An excavator shall provide the work-to-begin date in the notice provided to the one-number locator service.
(b)If boundary marking required by
(a)of this subsection is infeasible, an excavator must provide notice electronically to a one-number locator service.
(c)An excavator may use a third-party entity, including a general contractor, to provide the required notice of the scheduled commencement of excavation to all facility operators through a one-number locator service as required in this subsection. An excavator that uses a third-party entity to provide such required notice retains all legal duties and responsibilities for compliance with this chapter.
(d)Excavators and facility operators are encouraged to incorporate best practices for underground damage prevention, improve worker safety, protect vital underground infrastructure, and ensure public safety during excavation activities conducted in the vicinity of existing underground facilities.
(2)An excavator must provide the notice required by subsection
(1)of this section to a one-number locator service not less than two full business days and not more than 10 full business days before the scheduled work-to-begin date, unless otherwise agreed by the excavator and facility operators in writing. If an excavator intends to work at multiple sites or at a large project, the excavator must take reasonable steps to confer with facility operators to enable them to locate underground facilities reasonably in advance of the start of excavation for each phase of the work.
(3)Upon receipt of the notice provided for in subsection
(1)of this section, a facility operator must, with respect to:
(a)(i) The facility operator's locatable underground facilities, provide the excavator with reasonably accurate information by marking facility location. Hazardous liquid and gas pipeline operators are required to locate all facilities in accordance with Title 49 C.F.R. Secs. 195.442(c)(4) through
(6)and 192.614(c)(4) through
(6)as they existed on July 27, 2025, or such subsequent date as may be provided by the commission by rule, consistent with the purpose of this section. This information must be provided free of charge subject to the limitations in subsections (6)(b) and
(8)of this section, and the grant of authority in subsection
(11)of this section;
(ii)In the event of force majeure, the facility operator's deadline to mark underground facilities as provided in subsection (4)(a) of this section, must be extended by an agreement in writing between the affected parties. The facility operator shall notify the excavator of the need for extension of the deadline as soon as reasonable, but no later than the expiration of the deadline established in subsection (4)(a) of this section;
(b)The facility operator's unlocatable or identified but unlocatable underground facilities, provide the excavator with available information as to their location prior to the work-to-begin date provided in the notice under subsection
(1)of this section. For any gas or hazardous liquid pipeline, locate all facilities in accordance with Title 49 C.F.R. Secs. 195.442(c)(4) through
(6)and 192.614(c)(4) through
(6)as they existed on July 27, 2025, or such subsequent date as may be provided by the commission by rule, consistent with the purpose of this section; and
(c)Service laterals, designate their presence or location, if the service laterals:
(i)Connect end users to the facility operator's main utility line; and
(ii)Are within a public right-of-way or utility easement and the boundary of the excavation area identified under subsection
(1)of this section.
(4)(a) A facility operator must provide information to an excavator pursuant to subsection
(3)of this section no later than the work-to-begin date on the notice provided for in subsections
(1)and
(2)of this section, unless otherwise agreed by written agreement between the facility operator and excavator.
(b)A facility operator complying with subsection (3)(b) and
(c)of this section may do so in a manner that includes any of the following methods:
(i)Placing within a proposed excavation area a triangular mark at the main utility line pointing at the building, structure, or property in question, indicating the presence of an unlocatable or identified but unlocatable underground facility, including a service lateral;
(ii)Arranging to meet an excavator at a worksite to provide available information about the location of service laterals; or
(iii)Providing copies of the best reasonably available records by electronic message, mail, facsimile, or other delivery method.
(c)A facility operator's good faith attempt to comply with subsection (3)(b) and
(c)of this section:
(i)Constitutes full compliance with the requirements of this section, and no person may be found liable for damages or injuries that may result from such compliance, apart from liability for arranging for repairs or relocation as provided in RCW 19.122.050 (2); and
(ii)Does not constitute any assertion of ownership or operation of a service lateral by the facility operator.
(d)An end user is responsible for determining the location of a service lateral on their property or a service lateral that they own. An end user is responsible for locating on their own property the underground facilities that they own. The one-number locator service shall maintain a list of private-line locate service providers who may be hired at the cost of the end user for the location of service laterals. Nothing in this section may be interpreted to require an end user to subscribe to a one-number locator service or to locate a service lateral within a right-of-way or utility easement.
(e)Facility operators may direct the one-number locator service to send notices provided for in subsection
(1)of this section to a contract locator. The facility operator retains all legal responsibility for compliance with this section.
(5)An excavator must not excavate until all known facility operators have marked their locatable underground facilities or, in the case of nonhazardous liquid or nongas pipeline facilities, provided information regarding their unlocatable underground facilities as provided in this section. On and after January 1, 2026, an excavator may not commence excavation until the excavator has received positive response from all operators with underground facilities in the area identified in the notice.
(6)(a) Once marked by a facility operator, an excavator is responsible for maintaining the accuracy of the facility operator's markings of underground facilities for the lesser of:
(i)Forty-five calendar days from the date that the excavator provided notice to a one-number locator service pursuant to subsection
(1)of this section; or
(ii)The duration of the excavation portion of the project.
(b)An excavator that makes repeated requests for location of underground facilities due to its failure to maintain the accuracy of a facility operator's markings as required by this subsection
(6)may be charged by the facility operator for services provided.
(c)A facility operator's markings of underground utilities expire forty-five calendar days from the date that the excavator provided notice to a one-number locator service pursuant to subsection
(1)of this section. For excavation occurring after that date, an excavator must provide additional notice to a one-number locator service pursuant to subsection
(1)of this section.
(7)An excavator has the right to receive reasonable compensation from a facility operator for costs incurred by the excavator if the facility operator does not locate its underground facilities in accordance with the requirements specified in this section.
(8)A facility operator has the right to receive reasonable compensation from an excavator for costs incurred by the facility operator if the excavator does not comply with the requirements specified in this section.
(9)A facility operator is not required to comply with subsection
(4)of this section with respect to service laterals conveying only water if their presence can be determined from other visible water facilities, such as water meters, water valve covers, and junction boxes in or adjacent to the boundary of an excavation area identified under subsection
(1)of this section.
(10)If an excavator discovers underground facilities that are not identified, the excavator must cease excavating in the vicinity of the underground facilities and immediately notify the facility operator through a one-number locator service. If an excavator discovers identified but unlocatable underground facilities, the excavator must notify the facility operator through a one-number locator service. Upon notification by a one-number locator service or an excavator, a facility operator must allow for location of the uncovered portion of an underground facility identified by the excavator, and may accept location information from the excavator for marking of the underground facility.
(11)Each facility operator shall provide to a one-number locator service directions on how a requestor may obtain, for design locating, information regarding the location of underground facilities. For the purpose of this subsection, a "requestor" is any person seeking the location of underground facilities for design locating. Facility operators may attach fees for design locating. However, the fees under this subsection may not be imposed on the department of transportation.
(12)Design locating is required whenever any individual applies for a development permit of any type within 700 feet of a transmission pipeline.
(a)Prior to any activity that involves grade modification, excavation, or additional loading of the soil on property within 700 feet of a transmission pipeline, the requestor must contact the transmission pipeline operator and provide documentation detailing the proposed activity.
(b)The transmission pipeline operator must respond to the requestor within 30 days to confirm a review of the documents describing the proposed activity and indicate any potential impacts from the activity on the transmission line.
(c)If after 30 days, the transmission pipeline operator does not respond to the requestor, then development activity may resume without violation.
(13)Except as provided in subsections (6)(b), (8), and
(11)of this section, facility operators are prohibited from charging a fee for locating and marking their underground facilities.
(14)Nothing in this section limits a facility operator regulated by the commission from seeking recovery of costs for locating and marking its underground facilities as part of rates.
[ 2025 c 292 s 4 ; 2011 c 263 s 4 ; 2000 c 191 s 17 ; 1988 c 99 s 1 ; 1984 c 144 s 3 .]
Notes:
Report — Effective date — 2011 c 263: See notes following RCW 19.122.010 .
Intent — Findings — Conflict with federal requirements — Short title — Effective date — 2000 c 191: See RCW 81.88.005 and 81.88.900 through 81.88.902 .
Damages to facilities on state highways: RCW 47.44.150 .