Louisiana § 40:1749.17 Excavation or demolition; repair of damage

Louisiana Statutes

§ 40:1749.17 — Excavation or demolition; repair of damage

Louisiana § 40:1749.17

Title 40Public Health and Safety

This text of Louisiana § 40:1749.17 (Excavation or demolition; repair of damage) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

La. Stat. Ann. § 40:1749.17 (2026).

Text

§1749.17. Excavation or demolition; repair of damage

A.Each person responsible for any excavation or demolition operations which result in any damage to an underground facility or utility shall, immediately upon discovery of that damage, notify the owner or operator of the utility or facility of the location and nature of the damage and shall allow the owner or operator reasonable time to accomplish necessary repairs before continuing the excavation, demolition, or back filling in the immediate area of damage.

B.Each person responsible for an excavation or demolition operation or normal commercial farming operation which results in damage to an underground facility or utility permitting the escape of any flammable, toxic, or corrosive fluids/gases shall, immediately upon discovery of tha

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§1749.17. Excavation or demolition; repair of damage
A. Each person responsible for any excavation or demolition operations which result
in any damage to an underground facility or utility shall, immediately upon discovery of that
damage, notify the owner or operator of the utility or facility of the location and nature of the
damage and shall allow the owner or operator reasonable time to accomplish necessary
repairs before continuing the excavation, demolition, or back filling in the immediate area
of damage.
B. Each person responsible for an excavation or demolition operation or normal
commercial farming operation which results in damage to an underground facility or utility
permitting the escape of any flammable, toxic, or corrosive fluids/gases shall, immediately
upon discovery of that damage:
(1) Notify the owner or operator of the utility or facility as provided in Subsection
A, and all other appropriate emergency response personnel, including 911 and the local law
enforcement and fire departments and allow the owner or operator reasonable time to
accomplish necessary repairs before continuing the excavation, demolition, or back filling
in the immediate area of damage.
(2) Take any other action as may be reasonably necessary to protect persons and
property and to minimize hazards until arrival of the owner or operator's personnel and police
or fire department.
(3) Comply with any other notification process required by law or regulation.
C. For the purposes of this Part, failure to comply with the provisions of Subsection
B shall constitute a single violation, except as provided below by Subsection D.
D. After discovery of the damage, each day that an excavator or demolisher fails to
comply with the provisions of Subsection B shall be considered a separate violation.

Legislative History

Acts 1988, No. 923, §1; Acts 1997, No. 1050, §1, eff. July 11, 1997; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2001, No. 160, §1; Acts 2021, No. 46, §1.