---
title: O.C.G.A. § 25-9-12. Notice requirements for emergency excavations.
collection: code
id: 25-9-12
cite_as: O.C.G.A. § 25-9-12 (2025)
canonical_url: https://georgiacommons.org/code/25-9-12
md_url: https://georgiacommons.org/code/25-9-12.md
text_url: https://georgiacommons.org/code/25-9-12/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t24-t26-(v21)-2023-pdf.pdf?sfvrsn=5423edd_0#page=160
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: FIRE PROTECTION AND SAFETY / BLASTING OR EXCAVATING NEAR UNDERGROUND FACILITIES
---

# O.C.G.A. § 25-9-12. Notice requirements for emergency excavations.

The appropriate notice requirements prescribed by Code Section 25-9-6 shall not be required of persons performing emergency excavations; provided, however, that any person that engages in an emergency excavation shall take all reasonable precautions to avoid or minimize damage to any existing underground facilities and sewer laterals; provided, further, that any person that engages in an emergency excavation shall give notification of such emergency excavation as soon as practical to the UPC. In giving such notification, such person shall specifically identify the dangerous condition involved. If it is later determined that the excavation did not qualify as an emergency excavation, all liabilities and penalties will accrue as if no notification had been given.

## History

Ga. L. 1970, p. 226, § 4; Code 1981, § 25-9-11; Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 9/SB 274; Ga. L. 2022, p. 325, § 1/HB 1372.

The 2022 amendment, effective September 1, 2022, rewrote this Code section, which read: “The notice requirements provided by Code Section 25-9-6 shall not be required of persons performing emergency excavations or excavation in extraordinary circumstances; provided, however, that any person who engages in an emergency excavation or excavation in extraordinary circumstances shall take all reasonable precautions to avoid or minimize damage to any existing utility facilities and sewer laterals; provided, further, that any person who engages in an emergency excavation or excavation in extraordinary circumstances shall give notice of the emergency excavation as soon as practical to the UPC. In giving such notice, such person must specifically identify the dangerous condition involved. If it is later determined that the excavation did not qualify as an emergency excavation, all liabilities and penalties will accrue as if no notice had been given.”

## Editor's Notes

This Code section formerly provided for penalties for violations of this Code section. Ga. L. 1986, p. 1069, § 1 in effect repealed the former Code section and enacted Code Section 25-9-13 (now Code Section 25-9-14) on the same subject, effective July 1, 1986. The former Code section was based on Ga. L. 1969, p. 50, § 9; Ga. L. 1970, p. 226, § 3; Ga. L. 1978, p. 1659, § 2; and Ga. L. 1981, Ex. Sess., p. 8 (Code enactment Act).

Ga. L. 1986, p. 1069, § 1 in effect renumbered former Code Section 25-9-11 as this Code section.