Arizona § 40-360.23 Making excavation in careful, prudent manner; liability for negligence; notice; obliteration of marks

Arizona Statutes

§ 40-360.23 — Making excavation in careful, prudent manner; liability for negligence; notice; obliteration of marks

Arizona § 40-360.23

Title 40Arizona Revised Statutes

Ch. 2PUBLIC SERVICE CORPORATIONS GENERALLY

Art. 6.Underground Facilities

This text of Arizona § 40-360.23 (Making excavation in careful, prudent manner; liability for negligence; notice; obliteration of marks) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 40-360.23 (2026).

Text

A.Except as otherwise provided in section 40-360.28, subsection E, obtaining information as required by this article does not excuse any person making any excavation from doing so in a careful and prudent manner, nor shall it excuse such persons from liability for any damage or injury resulting from their negligence.

B.Except as otherwise provided in section 40-360.22, subsection D, after markings have been made pursuant to section 40-360.22, an excavator shall notify either the underground facilities operator or an organization designated by the underground facilities operator if the excavator encounters an underground facility that has not been located and marked or has been marked in the wrong location.

C.An excavator or an underground facilities operator shall not move or oblitera

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A. Except as otherwise provided in section 40-360.28, subsection E, obtaining information as required by this article does not excuse any person making any excavation from doing so in a careful and prudent manner, nor shall it excuse such persons from liability for any damage or injury resulting from their negligence.

B. Except as otherwise provided in section 40-360.22, subsection D, after markings have been made pursuant to section 40-360.22, an excavator shall notify either the underground facilities operator or an organization designated by the underground facilities operator if the excavator encounters an underground facility that has not been located and marked or has been marked in the wrong location.

C. An excavator or an underground facilities operator shall not move or obliterate markings made pursuant to this article or fabricate markings in an unmarked location for the purpose of concealing or avoiding liability for a violation of or noncompliance with this article.