# 753-3.5 Preservation of stakes, markings or other designations.

**Citation:** 16 NYCRR 753-3.5  
**Type / status:** regulation / current  
**Agency:** New York State Public Service Commission  
**Effective:** Not stated  
**Published:** Not stated

Protection of Underground Facilities. Starting on the stated commencement date given in the excavator's notice to the one-call notification system, the excavator shall be responsible for protecting and preserving the staking, marking or other designation until no longer required for proper and safe excavation or demolition work at or near the underground facility.

## Document text

Starting on the stated commencement date given in the excavator's notice to the one-call notification system, the excavator shall be responsible for protecting and preserving the staking, marking or other designation until no longer required for proper and safe excavation or demolition work at or near the underground facility.

## Provenance

- Official: Yes
- Source: <https://govt.westlaw.com/nycrr/Document/I50698f29cd1711dda432a117e6e0f345?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)>
- Source ID: `ny-dps-nycrr`
- SHA-256: `b2d058f0614cee5fa92884d4e37979f50a626437ad8daf2d264052652feffbfc`
- Retrieved: 2026-08-12T06:20:40.894Z
- Exported: 2026-08-24T11:09:31.273Z
- Document slug: `ny-nycrr-753-3-5`

### Source metadata

```json
{
  "jurisdiction": "US-NY",
  "title": 16,
  "part": "753",
  "partTitle": "Protection of Underground Facilities",
  "scopeKind": "underground-damage-prevention",
  "tocPath": [
    "Part 753 Protection of Underground Facilities",
    "Subpart 753-3 Duties of Excavators"
  ],
  "legalScope": "Complete current terminal legal unit exposed by the DPS-designated Title 16 NYCRR pipeline-safety part inventory.",
  "applicabilityCaveat": "Applicability depends on the part and section, Commission jurisdiction, commodity and facility type, intrastate or interstate status, operator and activity, exemptions, waivers, federal preemption, Commission orders, and incorporated law. DPS inspects portions of interstate systems for PHMSA, but PHMSA retains federal enforcement authority. DPS states that all jurisdictional Part 256 gas-holder and Part 257 LPG-plant facilities have been decommissioned even though those regulations remain unrepealed.",
  "incorporationCaveat": "These parts incorporate or rely on federal pipeline regulations, federal and New York statutes, Commission rules and orders, and privately authored technical standards. Part 10 supplies incorporation details. References metadata preserves explicit citations but does not reproduce external material, determine licensing rights, or decide whether a particular incorporation is static or dynamic.",
  "publicationCaveat": "The New York Department of Public Service identifies these eleven Title 16 NYCRR parts as its state pipeline-safety regulations and links to the public DOS/Westlaw NYCRR reading copy. That site labels the online text unofficial and directs users needing evidentiary accuracy to the Official NYCRR maintained by the Department of State Division of Administrative Rules. Each section's 'Current through' date is the most recent official NYCRR supplement covering that section, not a uniform corpus-wide amendment date.",
  "rights": "New York government-edict text is preserved with DPS, Department of State, and publisher attribution. The public reading site's presentation and enhancements, agency marks, forms, annotations, and incorporated federal or privately authored standards require separate rights review; this connector does not claim rights in those materials.",
  "rightsReviewRequired": true,
  "currentThrough": "2023-02-28",
  "historyEvents": "No event is emitted because the section reading copy does not supply an explicit adoption, filing, or effective-date history.",
  "publisherCitation": "16 CRR-NY 753-3.5",
  "identityAnomaly": null,
  "references": [],
  "region": "NY"
}
```