# 753-4.6 Locating underground facilities. **Citation:** 16 NYCRR 753-4.6 **Type / status:** regulation / current **Agency:** New York State Public Service Commission **Effective:** Not stated **Published:** Not stated Protection of Underground Facilities. (a) Whenever an operator's underground facilities are in or within 15 feet of a work area, such facility shall be located, accurately and with due care, by means of staking, marking or other designation in accordance with the provisions of this Subpart. (b) The following staking and marking requirements shall apply: (1) stakes or surface markings shall be ## Document text (a) Whenever an operator's underground facilities are in or within 15 feet of a work area, such facility shall be located, accurately and with due care, by means of staking, marking or other designation in accordance with the provisions of this Subpart. (b) The following staking and marking requirements shall apply: (1) stakes or surface markings shall be provided preferably at the center line of the underground facility and at such sufficient intervals as is necessary to indicate clearly the location and direction of run of such underground facility; (2) all stakes and surface markings shall be color coded in accordance with the provisions of this Subpart in order to identify the type of underground facility so staked or marked; (3) stakes and surface markings shall indicate in inches the size or diameter of the underground facility or its encasement, if known; (4) each stake and surface marking shall indicate in inches the depth of the underground facility at that point, if known; (5) surface markings shall consist of paint, dye or equivalent material which is color coded in accordance with the provisions of this Subpart and which contrasts with the ground or equivalent surface; and (6) where conditions exist so as to render center line staking or marking impractical or confusing, the operator may indicate the location of an underground facility by means of offset staking or remote tie-in markings which will clearly indicate the location and direction of run of the facility. (c) If staking or marking are not used to indicate the location of an underground facility, the operator shall designate such location in accordance with the following: (1) by exposing the underground facility or its encasement to view within the work area in a manner sufficient to allow the excavator to verify the type, size, direction of run and depth of the facility; (2) by providing field representation and instruction to the excavator in the work area; or (3) by any other means as mutually agreed to by the operator and excavator, including but not limited to written descriptions, photographs or verbal instructions. Such agreement shall be provided in writing to the excavator upon his or her request. (d) An operator, or its agents or contractors, performing excavation or demolition work at or near his or her own underground facility shall not be required to stake, mark or otherwise designate such underground facility. ## Provenance - Official: Yes - Source: - Source ID: `ny-dps-nycrr` - SHA-256: `597bed11668aad6c4bbcb249f2c60b94e0ad06f96580022bb4bcf4536c55811d` - Retrieved: 2026-08-12T06:20:40.894Z - Exported: 2026-08-24T14:05:30.644Z - Document slug: `ny-nycrr-753-4-6` ### 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 753-4 Duties of Operators" ], "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 753-4.6", "identityAnomaly": null, "references": [], "region": "NY" } ```