Tennessee § 65-31-109 Emergency excavation or demolition

Tennessee Statutes

§ 65-31-109 — Emergency excavation or demolition

Tennessee § 65-31-109

Title65

This text of Tennessee § 65-31-109 (Emergency excavation or demolition) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 65-31-109 (2026).

Text

(a)Compliance with the notice requirements of § 65-31-106 is not required of a person responsible for emergency excavation or demolition if such person gives, as soon as practicable, sufficient written, telephonic, or electronic notice of the emergency excavation or demolition to each operator having underground utilities located in the area or to the one-call service that serves an operator where such excavation or demolition is to be performed and requests emergency assistance from each operator so identified in locating and providing immediate protection to the operator's underground utilities.

(b)An excavator providing a misrepresentation of an emergency relative to a notice of excavation or demolition as stated in subsection (a) is subject to civil penalties under § 65-31-112 .

(c)

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(a) Compliance with the notice requirements of § 65-31-106 is not required of a person responsible for emergency excavation or demolition if such person gives, as soon as practicable, sufficient written, telephonic, or electronic notice of the emergency excavation or demolition to each operator having underground utilities located in the area or to the one-call service that serves an operator where such excavation or demolition is to be performed and requests emergency assistance from each operator so identified in locating and providing immediate protection to the operator's underground utilities. (b) An excavator providing a misrepresentation of an emergency relative to a notice of excavation or demolition as stated in subsection (a) is subject to civil penalties under § 65-31-112 . (c) For the purposes of this section, repair or replacement of an existing traffic control device at its existing location and existing depth is considered an emergency, and compliance with the notice requirements of this section and § 65-31-106 is not required of any local or state government responding to the emergency repair or replacement of a traffic control device.

Legislative History

Amended by 2024 Tenn. Acts, ch. 628,s 6, eff. 7/1/2024. Amended by 2015 Tenn. Acts, ch. 488, s 4, eff. 5/20/2015. Acts 1978, ch. 692, § 9; T.C.A., § 65-3209; Acts 1993, ch. 223, § 15; 1999, ch. 73, § 5.