216D.01 DEFINITIONS. Subdivision 1. Applicability. The definitions in this section apply to sections 216D.01 to 216D.07. Subd. 1a. Commissioner. “Commissioner” means the commissioner of public safety. Subd. 1b. Boundary survey. “Boundary survey” means a survey made to establish or to reestablish a boundary line on the ground or to obtain data for preparing a map […]
216D.02 NOTICE TO EXCAVATOR OR OPERATOR. Subdivision 1. Display and distribution. Local governmental units that issue permits for an activity involving excavation must continuously display an excavator’s and operator’s notice at the location where permits are applied for and obtained. An excavator and operator’s notice and a copy of sections 216D.03 to 216D.07 must be […]
216D.03 NOTIFICATION CENTER. Subdivision 1. Participation. An operator shall participate in and share in the costs of one statewide notification center operated by a vendor selected under subdivision 2. Subd. 2. Establishment of notification center; rules. (a) The notification center services must be provided by a nonprofit corporation approved in writing by the commissioner. The […]
216D.04 EXCAVATION; LAND SURVEY. Subdivision 1. Notice required; contents. (a) Except in an emergency, an excavator shall and a land surveyor may contact the notification center and provide notice at least 48 hours, excluding Saturdays, Sundays, and holidays and not more than 14 calendar days before beginning any excavation or boundary survey. An excavation or […]
216D.05 PRECAUTIONS TO AVOID DAMAGE. An excavator shall: (1) plan the excavation to avoid damage to and minimize interference with underground facilities in and near the construction area; (2) use white markings for proposed excavations except where it can be shown that it is not practical; (3) maintain a clearance between an underground facility and […]
216D.06 DAMAGE TO FACILITY. Subdivision 1. Notice; repair. (a) If any damage occurs to an underground facility or its protective covering, the excavator shall notify the operator promptly. When the operator receives a damage notice, the operator shall promptly dispatch personnel to the damage area to investigate. If the damage results in the escape of […]
216D.07 EFFECT ON LOCAL ORDINANCES. (a) Sections 216D.01 to 216D.07 do not affect or impair local ordinances, charters, or other provisions of law requiring permits to be obtained before excavating. (b) A person with a permit for excavation from the state or a public agency is subject to sections 216D.01 to 216D.07. The state or […]
216D.08 CIVIL PENALTIES; PROCEEDS TO SAFETY ACCOUNT; RULES. Subdivision 1. Penalties. A person who is engaged in excavation for remuneration or an operator other than an operator subject to section 299F.59, subdivision 1, who violates sections 216D.01 to 216D.07 is subject to a civil penalty to be imposed by the commissioner not to exceed $1,000 […]
216D.09 INJUNCTIVE RELIEF. Subdivision 1. Jurisdiction. The district courts of the state of Minnesota have jurisdiction, subject to the provisions of the statutes and the rules of practice and procedure of the state of Minnesota relative to civil actions in the district courts, to restrain violations of sections 216D.01 to 216D.07, on petition by the […]
