2026 Nevada Revised StatutesChapter 455 – Excavations And High-Voltage LinesNRS 455.010 Erection of fence or other safeguard around excavation, hole or shaft required.

Statutory Text

Any person or persons, company or corporation, who shall dig, sink or excavate, or cause the same to be done, or being the owner or owners, or in the possession under any lease or contract, of any shaft, excavation or hole, whether used for mining or otherwise, or whether dug, sunk or excavated for the purpose of mining, to obtain water, or for any other purpose, within this State, shall, during the time they may be employed in digging, sinking or excavating, or after they may have ceased work upon or abandoned the same, erect, or cause to be erected, good and substantial fences or other safeguards, and keep the same in good repair, around such works or shafts, sufficient to guard securely against danger to persons and animals from falling into such shafts or excavations.

[1:16:1866; B § 109; BH § 290; C § 271; RL § 3233; NCL § 5630]

NV Rev Stat § 455.010 – Last Verified March 2026

Plain English Explanation

Nevada Revised Statute 455.010 requires anyone who digs a hole, shaft, or excavation in Nevada to put up a fence or other protective barrier around it. This rule applies whether the digging is for mining, getting water, or any other reason.

The law covers a wide range of people and situations. It does not matter if you are an individual, a company, or a corporation. It also does not matter whether you currently own the land or are simply using it under a lease or some other kind of agreement. If you had anything to do with creating the hole, the law puts the responsibility on you.

One of the most important parts of this statute is that the obligation does not go away when the work stops. Whether workers are actively digging or have completely abandoned the site, the fence or safeguard must stay up and remain in good working condition. The law is clear that walking away from a project does not mean walking away from the duty to protect people and animals.

The fence or safeguard itself has to be genuinely effective. Nevada law uses the words “good and substantial,” meaning a flimsy barrier that would not actually stop someone from falling in would not satisfy the requirement. The whole point of the rule is to securely prevent people and animals from accidentally falling into these openings.

In short, if you dig it or own it, you are responsible for making sure it is properly guarded for as long as that hole exists.

Frequently Asked Questions About NRS 455.010

Who is responsible for fencing an excavation under Nevada law?

Under NRS 455.010, responsibility falls on anyone who dug the hole, ordered it to be dug, or currently owns or occupies the land where it exists. This includes individuals, companies, and corporations. Even if you did not physically dig the hole yourself but hired someone to do it, you are still legally responsible for making sure a proper fence or safeguard is in place.

Does the fencing requirement apply even after a mining or construction project is abandoned?

Yes. Nevada law specifically addresses this situation. The requirement to maintain a fence or safeguard around a shaft or excavation does not end when work stops. Whether a project is temporarily paused or permanently abandoned, the person or entity responsible must keep a proper barrier in place. Abandoning a site does not remove the legal obligation to protect the public.

What counts as a sufficient fence or safeguard under NRS 455.010?

The law requires that the barrier be “good and substantial” and capable of securely preventing people and animals from falling in. A temporary or flimsy barrier that could easily be knocked over or walked around would likely not meet this standard. The focus is on whether the safeguard actually works as protection, not simply whether something is present.

Does this law apply to non-mining holes and excavations too?

It does. NRS 455.010 applies to any shaft, hole, or excavation regardless of its purpose. That includes holes dug for water, construction, mining, or any other reason. As long as the excavation is located within Nevada, the fencing requirement applies.

What if someone leases land that already has an unfenced excavation on it?

The statute covers people who possess land under a lease or contract, not just outright owners. If you take possession of property that already contains an unfenced hole or shaft, Nevada law holds you responsible for bringing it into compliance. Taking on a lease means taking on the duty to safeguard any existing excavations on that property.

If you or someone you know has been injured after falling into an unguarded hole, shaft, or excavation, the team at Wooldridge Law Injury Lawyers is ready to help you understand your rights and pursue the compensation you deserve. Reach out to Wooldridge Law Injury Lawyers today for a free consultation and let experienced legal professionals fight for you.