Oregon 811 notices and utility protection

The Oregon Utility Notification Center (OUNC) Legal Framework

The Oregon Utility Notification Center (OUNC) is a state-chartered entity established by the Oregon Legislature to operate a statewide, one-call notification clearinghouse:

• Governing Law: Oregon Revised Statutes (ORS 757.542–757.562) and Oregon Administrative Rules (OAR Chapter 952).
• Definition of Excavation (OAR 952-001-0010): Any operation in which earth, rock, or other material on or below the ground is moved, removed, or displaced by any means, including grading, trenching, ditching, augering, drilling, scraping, post-hole digging, driving stakes, and deep planting.
• Who Must Notify: Any contractor, landscaper, utility employee, or property owner planning excavation. Landscape contractors—routinely digging for irrigation, patios, wall footings, and specimen trees—are fully subject to OUNC rules.

Enforcement and liability

Oregon's excavation-notification rules can lead to enforcement and damage liability when an excavator fails to notify, preserve markings, or protect a facility. A locate ticket does not insure the contractor against damage. Record the ticket, positive responses, site markings, private-utility review, and changes in the excavation footprint. Use the current Oregon Utility Notification Center rules rather than memorize an unsupported generic fine schedule.

Mandatory Notification Timelines: The Two Full Business Days Rule

Under OAR 952-001-0050, an excavator must notify OUNC (calling 811 or online via digsafelyoregon.com) not less than 2 full business days and not more than 10 business days prior to beginning excavation.

The Business Day Definition and Day-of-Notice Rule

• Business Day: Any day from 12:00 AM to 11:59 PM, excluding Saturdays, Sundays, and legal state and federal holidays.
• The Day of Notice Rule: The business day on which notice is transmitted does not count as one of the two full business days!

Counting full business days

The notification day does not count, and weekends and holidays do not count as business days. A notice placed on Wednesday allows Thursday and Friday as two full business days. Excavation can begin after those days have elapsed, including on Saturday if all other requirements are satisfied. Monday is the next ordinary weekday, not the earliest legally possible start. For a Wednesday start with no holidays, a request placed by the preceding Friday supplies Monday and Tuesday as the two full business days.

Notify no more than ten business days before starting. A ticket remains valid for 45 calendar days from notification; confirm renewal and marking requirements before that period expires. A change in location or scope can require another request even before the original ticket expires.

Pre-Marking the Site: The White-Lining Mandate

Under OAR 952-001-0040, the excavator must pre-mark the proposed excavation boundary before submitting a locate request to OUNC. This practice is known as "white-lining":

• Acceptable Materials: White spray paint (water-based chalk on turf), white pin-flags, white stakes, or white chalk on paved surfaces.
• Techniques: Marking continuous white borders, dashed boundary lines, corner "L" brackets, or center lines with arrows indicating trench width.
• Purpose: Eliminates ambiguity, confines utility locating effort to the actual work footprint, and avoids unnecessary markings across private lawns.
• Exception: Permitted only when the excavation boundary can be unambiguously described in plain text (e.g., "entire rectangular front lawn from sidewalk to foundation"), though white-lining remains the regulatory default.

APWA Uniform Color Code Standard

Utility locators mark buried infrastructure according to the American Public Works Association (APWA) Uniform Color Code, adopted under OAR 952-001-0070:

Public vs. Private Underground Utilities

The Oregon Tolerance Zone: 24-Inch Hand-Dig Mandate

Under OAR 952-001-0010 and OAR 952-001-0090, Oregon law establishes an explicit safety buffer surrounding marked underground facilities known as the Tolerance Zone.

Dimensional Definition

The Tolerance Zone is defined as 24 inches (2 feet) horizontally from the outside lateral dimensions of each side of the underground facility, plus the facility's actual width.

$$\text{Total Tolerance Zone Width} = 24\text{ in (Left)} + \text{Facility Width} + 24\text{ in (Right)}$$

Mechanized Equipment Prohibition

Within the 24-inch tolerance zone, mechanized excavation equipment is strictly prohibited until the facility has been visually exposed by non-destructive means:

• Prohibited equipment includes backhoes, mini-excavators, trenchers, track skid steers, and power augers.
• Permitted Non-Destructive Methods: Hand digging with non-powered hand tools (round-point shovels or spades used with gentle slicing motions; pickaxes and pry bars are prohibited), vacuum excavation (hydro-excavation or air-knife soft digging), and hand-potholing.
• Support and Protection: Once exposed, utilities must be protected from mechanical impact and physically supported (slings or cribbing) to prevent sagging or joint rupture during backfilling.

Ticket Lifecycles, Renewals, Emergencies, and Damage Procedures

Locate Ticket Validity and Renewals

• Validity Period: Standard OUNC locate tickets are valid for 45 calendar days from the notice date.
• Ticket Renewals: If excavation continues beyond 45 days, the contractor must submit a renewal at least 2 full business days before the current ticket expires.
• Mark Preservation: Contractors must protect locate marks. If paint or flags are obliterated by rain, grading, or traffic, work must stop in the unverified area and a re-mark request must be submitted (2 business days).

Emergencies and damaged facilities

Emergency procedures exist for conditions meeting the rule's emergency definition; a delayed schedule is not an emergency. Notify 811 and affected operators and take reasonable protective measures. Do not assume every utility will arrive within a guaranteed two-hour period. If marks are missing or inconsistent with visible evidence, stop and resolve the discrepancy before digging.

Response to a strike or suspected leak

Stop work and keep people away. For a suspected gas leak, move to a safe location, avoid operating switches or creating ignition sources near the leak, and call 911 and the utility from a safe location. Do not manipulate damaged equipment or try to repair a line. An electrical strike requires avoiding contact with energized equipment and following emergency instructions. Report even a scrape or damaged protective coating to the operator; burying it can leave a future corrosion or insulation failure. Preserve the scene and records after the immediate hazard has been controlled. Oregon 811 guidance.