Nebraska Revised Statutes

Neb. Rev. Stat. § 76-2321 (2026)

Excavation; notice; contents; commencement

✓ current as of July 2026

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(1) A person shall not commence any excavation without first giving notice to every operator. An excavator's notice to the center shall be deemed notice to all operators. An excavator's notice to operators shall be ineffective for purposes of this subsection unless given to the center. Notice to the center shall be given at least two full business days, but no more than ten business days, before commencing the excavation, except notice may be given more than ten business days in advance when the excavation is a road construction, widening, repair, or grading project provided for in sections 70-311 to 70-313 and 86-708 to 86-710. An excavator may commence work before the elapse of two full business days when (a) notice to the center has been given as provided by this subsection and (b) all the affected operators have notified the excavator that the location of all the affected operator's underground facilities have been marked or that the operators have no underground facilities in the location of the proposed excavation.

(2) The notice required pursuant to subsection (1) of this section shall include (a) the name and telephone number of the person making the notification, (b) the name, address, and telephone number of the excavator, (c) the location of the area of the proposed excavation, including the range, township, section, and quarter section, unless the area is within the corporate limits of a city or village, in which case the location may be by street address, (d) the date and time excavation is scheduled to commence, (e) the depth of excavation, (f) the type and extent of excavation being planned, including whether the excavation involves tunneling or horizontal boring, and (g) whether the use of explosives is anticipated.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2003–2021 · leading case: Galaxy Telecom, L.L.C. v. J.P. Theisen & Sons, Inc., 656 N.W.2d 444 (Neb. 2003).

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Galaxy Telecom, L.L.C. v. J.P. Theisen & Sons, Inc., 656 N.W.2d 444 (Neb. 2003). · cites it 13× “At the time of the events which are the subject of this action, § 76-2321 provided: (1) A person shall not commence any excavation without first giving notice to every operator.”

Mercer v. North Cent. Serv., 308 Neb. 224 (Neb. 2021). · cites it 2× “urpose, the participating utili- ties must comply with § 76-2323: (1) Upon receipt of the information contained in the notice pursuant to section 76-2321, an operator shall advise the excavator of the approximate location of under- ground facilities in the area of the proposed…”

Hughes v. Omaha Pub. Power Dist., 735 N.W.2d 793 (Neb. 2007). · cites it 4× “And the evidence the majority opinion cites to oppose this view is not germane to whether Hughes' subjectively appreciated the danger. I would affirm the district court's decision that Hughes assumed the risk of his actions.”

— Neb. Rev. Stat. § 76-2321(1) — 1 case

Galaxy Telecom, L.L.C. v. J.P. Theisen & Sons, Inc., 656 N.W.2d 444 (Neb. 2003). “At the time of the events which are the subject of this action, § 76-2321 provided: (1) A person shall not commence any excavation without first giving notice to every operator.”

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