AL-02-2026

Mandatory electronic positive response
Updated contact information with Gopher State One Call

Date:

Aug. 1, 2026

Purpose:

The Minnesota Department of Public Safety’s Office of Pipeline Safety (OPS) is issuing this
Alert Notice regarding compliance with the state’s excavation One-Call laws, Minn. State
Statute 216D.

Guidance pertains to the following codes:

1. Minn. State Statute 216D.01 Subd. 2a Electronic positive response.
2. Minn. State Statute 216D.03 Subd. 6 Electronic positive response.
3. Minn. State Statute 216D.04 Subd. 3 Locating underground facility; operator.

Scope:

During the 2026 Minnesota legislative session, revisions to the state’s One-Call laws were passed.
Effective Aug. 1, 2026, all underground facility operators will be required to respond to excavation
notifications (locate ticket requests) electronically through the state’s notification center, Gopher State
One Call. Effective Jan. 1, 2027, underground facility operators must provide up-to-date contact
information to Gopher State One Call. The revisions read as follows:

MS216D.01 Subd. 2a. Electronic positive response.

“Electronic positive response" means an electronic notification from an operator to the notification center
regarding the status of a locate in the area of a proposed excavation or boundary survey.

MS216D.03 Subd. 6. Electronic positive response.

The notification center must make an electronic positive response from an operator available to the
relevant excavator through electronic means.

MS216D.04 Subd. 3. Locating underground facility; operator.

(a) Prior to the conclusion of the locate period, an operator must locate and mark or otherwise provide
the approximate horizontal location of the underground facilities of the operator and provide readily
available information regarding the operator's abandoned and out-of-service underground facilities as
shown on maps, drawings, diagrams, or other records used in the operator's normal course of business,
without cost to the excavator. Prior to the conclusion of the locate period, an operator must provide an
electronic positive response through the notification center for the notice of excavation. The excavator
must determine the precise location of the underground facility, without damage, before excavating
within two feet of the marked location of the underground facility.

(b) Within 96 hours or the time specified in the notice, whichever is later, after receiving a notice for
boundary survey from the notification center, excluding Saturdays, Sundays, and holidays, unless
otherwise agreed to between the land surveyor and operator, an operator must locate and mark or
otherwise provide the approximate horizontal location of the underground facilities of the operator,
without cost to the land surveyor. Prior to the conclusion of the time period under this paragraph, an
operator must provide an electronic positive response through the notification center for the notice of
boundary survey.

(c) For the purpose of this section, the approximate horizontal location of the underground facilities is a
strip of land two feet on either side of the underground facilities.

(d) Markers used to designate the approximate horizontal location of underground facilities are subject
to the following requirements:
(1) markers must be a combination of paint markings and at least one of the following: (i) a flag or
flags, (ii) a stake or stakes, or (iii) a whisker or whiskers;
(2) all markers under clause (1) must follow the current color code standard used by the American
Public Works Association;
(3) markers must be located within a plus or minus two-foot tolerance; and
(4) the name of the operator must be indicated on each flag, stake, or whisker.

If the surface being marked is hard, markers without flags, stakes, or whiskers may be used but must
comply with the color code standard and tolerance requirement under clauses (2) and (3).

(e) If the operator cannot complete marking of the excavation or boundary survey area before the
excavation or boundary survey start time stated in the notice, the operator must promptly contact the
excavator or land surveyor.

(f) Operators must maintain maps, drawings, diagrams, or other records of any underground facility
abandoned or out-of-service after Dec. 31, 1998.

(g) An operator or other person providing information pursuant to this subdivision is not responsible to
any person, for any costs, claims, or damages for information provided in good faith regarding
abandoned, out-of-service, or private or customer-owned underground facilities.

(h) An operator must use geospatial location information or an equivalent technology to develop as-built
drawings of newly installed or newly abandoned facilities if exposed in the excavation area. The
requirements under this paragraph apply (1) on or after Jan. 1, 2026, or (2) on or after Jan. 1, 2027, for
an operator that provided services to fewer than 10,000 customers in calendar year 2025.

(i) An operator must provide up-to-date contact information to the notification center (1) as the contact
changes occur, to the extent practicable, and (2) on at least a quarterly basis following a change in
contact information. The contact information must include at least one telephone number designated by
the operator to reach a person or persons regarding locates.

EFFECTIVE DATE. This section is effective Aug. 1, 2026, except that paragraph (i) is effective Jan. 1, 2027.