South Dakota § 49-7A-8 - Location of underground facilities--Marking--Response time--Minimum clearance--Promulgation of rules.
Full text of South Dakota South Dakota Codified Laws § 49-7A-8 — Location of underground facilities--Marking--Response time--Minimum clearance--Promulgation of rules., with citation guidance and answers to common questions.
§ 49-7A-8. Location of underground facilities--Marking--Response time--Minimum clearance--Promulgation of rules.
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
(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 the facility with hand tools or noninvasive methods approved pursuant to rule, and protect and support the facility prior to further excavation with mechanical equipment.
Source: SL 1993, ch 346, § 9; SL 1997, ch 263, § 4; SL 2002, ch 211, § 6; SL 2026, ch 183, § 2.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 49-7A-8
What does South Dakota Codified Laws § 49-7A-8 cover?
Section 49-7A-8 ("Location of underground facilities--Marking--Response time--Minimum clearance--Promulgation of rules.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 49-7A-8?
A common citation format is "South Dakota Codified Laws § 49-7A-8" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 49-7A-8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.