# Public Utilities (GPU)

## Title 12. Underground Facilities

### Subtitle 1. Excavation or Demolition Near Underground Facilities

#### Section 12-121

(a)

  (1) This section applies to any action taken to address an emergency from the time the emergency arises until a standard ticket is initiated and valid under Sec. 12-124 of this subtitle, including any work associated with stopping or mitigating the emergency.

  (2) Subject to Sec. 12-120(b) of this subtitle, if all reasonable precautions have been taken to protect underground facilities, Sec. 12-120(a) of this subtitle and Sec.Sec. 12-122 through 12-135 of this subtitle do not apply to an emergency excavation or demolition being performed to prevent danger to life, health, or property.

(b) A primary contractor or a person performing an emergency excavation or demolition to prevent or mitigate loss of or injury to life, health, property, or an essential public service shall:

  (1) identify the location and extent of work, as stated in Sec. 12-124(b)(1) of this subtitle, in a clear and concise manner;

  (2) take all reasonable precautions to protect underground facilities in and near the excavation or demolition area; and

  (3) immediately notify the one-call system serving the geographic area where the emergency excavation or demolition is performed to inform the appropriate owner-members of the excavation or demolition area.

(c)

  (1) The owner-member or its contract locator shall:

    (i) respond to an emergency notice as soon as possible but not later than 2 hours from the transmission of the ticket from the one-call system; and

    (ii) except for circumstances beyond an owner-member's or contract locator's control and for municipal corporations, considering the hours of operation and availability of employees:

      (1) begin the locating process to mark their respective underground  facility or facilities within 3 hours after the transmission of the ticket; or

      (2) if the facility owner has no underground facilities within the delineated excavation area, clear the ticket within 3 hours after the transmission of the ticket.

  (2) The person responsible for the excavation shall be on site or in communication with the owner-member, their contract locator, or their representative within 3 hours after the transmission of the ticket by the one-call system, or a mutually agreed response time.

  (3) The owner-member or its contract locator shall respond to the underground facilities information exchange system as soon as:

    (i) the extent of work is marked; or

    (ii) it is determined that no underground facilities are in the delineated area.

(d) A person that abuses the emergency excavation and demolition procedure set forth in this section is subject to penalties under Sec. 12-135 of this subtitle.

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Md. Code Ann., Pub. Util. (as displayed at mgaleg.maryland.gov, October 16, 2026)