K.S.A. » Chapter 66
Kansas Statutes Annotated

K.S.A. § 66-1804 (2026)

Notice of intent of excavation; requirements

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66-1804. Notice of intent of excavation; requirements. (a) Except in the case of an emergency, an excavator shall serve notice of intent of excavation at least two full working days but not more than 20 calendar days before the scheduled excavation start date, on each operator having underground tier 1 facilities located in the proposed area of excavation.

(b) An excavator may serve notice of intent of excavation at least two full working days but not more than 20 calendar days before the scheduled excavation start date, on each operator of tier 2 facilities located in the proposed area of excavation.

(c) The notice of intent to excavate or any subsequent updates shall be valid for 20 calendar days after the excavation start date and such notice shall only describe an area in which the proposed excavation reasonably can be completed within the 20 calendar days.

(d) Notwithstanding the provisions of subsections (a) through (c), the state corporation commission may adjust the extent of time that a notice of intent to excavate is valid in accordance with rules and regulation adopted by the commission pursuant to K.S.A. 66-1815, and amendments thereto.

(e) No person shall make repeated requests for remarking unless the request is due to circumstances not reasonably within the control of such person.

(f) The notice of intent of excavation shall contain the name, address and telephone number of the person filing the notice of intent, the name of the excavator, the date the excavation activity is to commence and the type of excavation being planned. The notice shall also contain the specific location of the excavation.

(g) The person filing the notice of intent to excavate shall, at the request of the operator, whiteline the proposed excavation site.

(h) The provisions of this section shall not apply to a preengineered project or a permitted project, except that the excavators shall be required to give notification in accordance with this section prior to starting such project.

History: L. 1993, ch. 217, § 4; L. 2002, ch. 41, § 2; L. 2008, ch. 122, § 6; L. 2023, ch. 12, § 2; January 1, 2024.

CASE ANNOTATIONS

1. Corporation commission's order upheld in levying penalty against excavator under Kansas underground utility act. Double M Constr. v. Kansas Corporation Comm'n, 288 Kan. 268, 202 P.3d 7 (2009).

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2006–2026 · leading case: Double M Constr., Inc. v. State Corp. Comm'n, 202 P.3d 7 (Kan. 2009).
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Double M Constr., Inc. v. State Corp. Comm'n, 202 P.3d 7 (Kan. 2009). · cites it 3× “” K.S.A. 66-1804 requires that an excavator serve all operators of underground facilities in the area with advance notice of its intent *273 to excavate, except in emergency situations.”
Sw. Bell Tel., L.P. v. APAC-Kansas, Inc., 138 P.3d 1238 (Kan. Ct. App. 2006). · cites it 2× “The parties further stipulated that “pursuant to K.S.A. 66-1804 that [APAC] served a notice of intent of excavation to [SBT] via Kansas One Call with regard to requesting that [SBT] mark the locations of the telephone cables at issue prior to the commencement of [APAC’s]…”
Kansas One-call Sys., Inc. v. State, 274 P.3d 625 (Kan. 2012). “But see K.S.A. 2011 Supp. 66-1804 (making an exception for emergency excavations).”
Kansas One-Call Sys., Inc. v. State, 274 P.3d 625 (Kan. 2012). “But see K.S.A. 2011 Supp. 66-1804 (malting an exception for emergency excavations).”
N. Nat. Gas Co. v. Am. Warrior, Inc., No. 6:25-cv-01120 (D. Kan. Mar. 26, 2026). · cites it 2× “2012); see also Kan. Stat. Ann. § 66-1804 (a) (requiring excavators to serve notice before excavation); Kan.”
K.S.A. § 66-1804(a): 1 case
Double M Constr., Inc. v. State Corp. Comm'n, 202 P.3d 7 (Kan. 2009). “” K.S.A. 66-1804 requires that an excavator serve all operators of underground facilities in the area with advance notice of its intent *273 to excavate, except in emergency situations.”
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