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Lawmakers weigh changing Nevada digging rules after 2023 expansion to homeowners
Summary
Senate Bill 214 would alter Nevada’s post‑2023 excavation law that expanded 811 call‑before‑you‑dig requirements to noncontractors; the bill’s sponsor said the change imposes costs and delays on homeowners, while utilities warned that rolling back protections could increase damage and outages.
Senate Bill 214 drew sharply divided testimony in the Senate Health and Human Services Committee as stakeholders debated whether to scale back rules that expanded Nevada’s 811 call‑before‑you‑dig requirements in 2023.
Senator Ira Hansen, sponsor of SB 214, said the 2023 law moved responsibility from contractors using mechanical equipment onto every property owner and person who performs even shallow non‑mechanical digs. "Now every person in the state of Nevada, if you use a shovel or drive a stake, is liable if they don't follow this procedure," Hansen said, describing the change as an unexpected burden that can double costs for household repairs and landscaping.
Utility companies, trade groups and the state Public Utilities Commission urged caution. Dylan Keith, senior manager of government affairs at Southwest Gas, told the committee the statute and the 811 system have reduced damages and saved ratepayer dollars and said many utility lines are buried 18–24 inches; the federal code minimum is 12 inches. "Safety is the most important aspect of Southwest Gas for our customers, our staff, and the communities we serve," Keith said. Representatives from AT&T, Cox, Verizon, Lumen and other communications and energy companies said lowering the trigger depth or exempting noncontractors would increase the risk of fiber and gas line damage with attendant outages and public‑safety hazards.
Members of the National Utility Contractors Association and other digging‑trade groups said the 2023 change addressed damage caused by nonmechanical excavation methods — for example, landscapers or contractors driving stakes or using hand tools — and that the exception for noncontractors below 12 inches provides useful homeowner flexibility. Kurt Burner of the Vegas chapter of NUCCA opposed the bill as written and asked for stakeholder discussions.
Public Utilities Commission staff explained the rationale for the 12‑inch exception. Paul McGuire of the PUC said federal minimums and the presence of shallow installed infrastructure — including microtrenching for fiber that can be only a few inches deep — informed the decision to allow homeowners limited shallow digging without an 811 request. PUC staff noted coastal erosion, grade changes and other factors can leave some utilities shallower than original installation depths.
Senator Hansen argued the current standard has produced a large number of 811 calls and said the new process imposes practical costs and delays on routine consumer repairs and landscape work; opponents emphasized those costs are intended to prevent far greater harms and outages. Hansen also said he was open to modifying his proposal and acknowledged the potential federal funding implications for the PUC.
The committee heard no vote; sponsors and affected industries said they would continue discussions about depth thresholds, exemptions and consumer notifications. The PUC, industry representatives and digging contractors asked for stakeholder negotiations before any statutory rollback.
Why it matters: The scope of Nevada’s 811 call‑before‑you‑dig statute affects homeowner liability, utility safety and the frequency of outages. Narrowing the requirements could reduce consumer time and expense in the short run but may raise safety and network reliability risks, according to utility witnesses.
