New utility marking rule
imposes significant new duty on cities
On Jan. 1, 2006, a new state pipeline safety rule imposed a significant new duty on cities to provide information about the location of private water and sewer laterals located within public rights-of-way.

All cities with water and sewer facilities will be obligated to locate or provide specific information when responding to requests for locates from Gopher State One Call (GSOC). This new rule was promulgated by the Minnesota Office of Pipeline Safety (MnOPS) and went into effect June 13, 2005.

For service laterals installed after Dec. 31, 2005, the new rule imposes a three-part obligation requiring a city to:

• "Maintain a map, a diagram, a drawing, or geospatial information regarding the location of its underground facilities within a public right-of-way."
• "Install a locating wire or have an equally effective means of marking the location of each nonconductive underground facility within a public right-of-way installed after that date."
• Begin locating "the portion of the service lateral within the public right-of-way."

For service laterals installed prior to Jan. 1, 2006, the new rule imposes the following obligation requiring a city to either:

• Locate or provide information as shown on maps, drawings, diagrams, or other records, on the location of a sewer or water service; or
• Notify the excavator that no information exists if no information is available on a sewer or water service lateral installed before Jan. 1, 2006.

More resources on this new utility marking rule:

• New Utility Marking Rule (pdf)
  (Minnesota Cities magazine, June-July 2005)
  
  
• New Utility Marking Rule, Public Right-of-Way (PowerPoint presentation)
  
  
• Model Right-of-Way Ordinance (pdf)