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Sunman council approves first reading of ordinance to enforce 811 'call-before-you-dig' rules

Town of Sunman Town Council · May 21, 2026
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Summary

The council approved first reading of Ordinance 2026-10 to give the town enforcement authority over failures to notify 811 before excavation, including stop-work orders and recovery of costs; authorized agents include the town marshal and utility staff.

The Sunman Town Council approved first reading of Ordinance 2026-10, a proposed municipal ordinance to enforce 811 call-before-you-dig notifications for excavation that risks buried utilities.

Council members said the ordinance would give the town practical enforcement tools — stop-work orders, fines and cost recovery — in addition to state-level penalties for failing to call 811. The measure designates authorized agents (the town marshal, clerk/treasurer and utility employees) to issue stop-work orders and to document violations for potential citation and recovery of incurred costs, including emergency response and repairs.

Why it matters: Council members said local enforcement fills a gap where state or county agencies do not actively police 811 compliance for non-gas utilities and where expired or lapsed 811 tickets create intervals during which excavators are effectively unprotected.

During discussion, council members described past incidents where excavation without current 811 coverage left the town exposed to risks and extra expense. The ordinance language allows the town to seek recovery of costs caused by violations and to place liens against properties if necessary.

Council moved the ordinance forward on its first reading by voice vote; as an ordinance it will require a second reading before final adoption. The measure passed the first reading with a second and voice approval.

Next steps: The ordinance will be scheduled for the required second reading and vote at a future meeting; staff and legal counsel will refine enforcement procedures and notice language before final adoption.