---
title: O.C.G.A. § 25-9-5. Cooperation with UPC; permanent markers for water and sewer facilities; accurate placement; point of contact list.
collection: code
id: 25-9-5
cite_as: O.C.G.A. § 25-9-5 (2025)
canonical_url: https://georgiacommons.org/code/25-9-5
md_url: https://georgiacommons.org/code/25-9-5.md
text_url: https://georgiacommons.org/code/25-9-5/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=147
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.
up: https://georgiacommons.org/code/25-9.md
previous: https://georgiacommons.org/code/25-9-4.md
next: https://georgiacommons.org/code/25-9-6.md
index: https://georgiacommons.org/code/index.md
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. § 25-9-5. Cooperation with UPC; permanent markers for water and sewer facilities; accurate placement; point of contact list.

(a) Except as otherwise provided by subsection (b) of this Code section, all facility owners or operators operating or maintaining underground facilities within the state shall participate as members in and cooperate with the UPC. No duplicative center shall be established. The activities of the UPC shall be funded by all facility owners or operators.

(b) Persons that install water and sewer facilities or that own such facilities until those facilities are accepted by a local governing authority or other entity are not required to participate as members of the UPC and shall not be considered facility owners or operators. All such persons shall install and maintain permanent markers identifying all water and sewer facilities at the time of the facility installation. Notwithstanding the above, all owners or operators of water and sewer facilities that provide service from such facilities shall be considered facility owners or operators and shall be members of the UPC.

(c) All permanent markers other than sewer cleanouts, water meter boxes, or any other visible components of an underground facility that establish the exact location of the underground facility shall be placed accurately in accordance with Code Section 25-9-9 and shall be located within the public right of way. Sewer cleanouts, water meter boxes, or any other visible components of an underground facility that establish the exact location of the underground facility shall be located within ten feet of the public right of way to be considered a permanent marker.

(d) The UPC shall maintain a list of the name, address, and telephone number of the office, department, or other source from or through which information as to the location of underground facilities of its participating facility owners or operators may be obtained during business hours on business days.

## History

Code 1981, § 25-9-4, enacted by Ga. L. 1986, p. 1069, § 1; Ga. L. 1990, p. 805, § 1; Code 1981, § 25-9-5, as redesignated by Ga. L. 2000, p. 780, § 1; Ga. L. 2005, p. 1142, § 4/SB 274; Ga. L. 2022, p. 325, § 1/HB 1372.

The 2022 amendment, effective September 1, 2022, substituted “underground” for “utility” in subsection (a); in subsection (b), substituted “that” for “who” twice in the first sentence, deleted “, as defined in Code Section 25-9-3,” following “markers” in the second sentence, and substituted “shall be” for “are” in the third sentence; added subsection (c); redesignated former subsection (c) as present subsection (d); and substituted “as to the location of underground” for “respecting the location of utility” in subsection (d).

## Editor's Notes

Former Code Section 25-9-5, concerning duties of the superior court clerks and filing fees, was repealed and reserved by Ga. L. 1990, p. 805, § 1, effective April 4, 1990, and was based on Ga. L. 1969, p. 50, § 4; Ga. L. 1975, p. 417, § 2; Ga. L. 1981, p. 1396, § 16; Ga. L. 1981, Ex. Sess., p. 8 (Code enactment Act); § 25-9-5, as redesignated by Ga. L. 1986, p. 1069, § 1.