A person is exempt from the requirements of Section 58-36-60(A) when an excavation is performed under the following conditions:
(1) by the owner of a single-family residential property on his own land when the excavation:
(a) does not encroach on any operator's known right-of-way, easement, or permitted use;
(b) is performed with nonmechanized equipment; and
(c) is less than ten inches in depth;
(2) tilling or plowing of soil when less than twelve inches in depth for agricultural purposes;
(3) for excavation with nonmechanized equipment by an operator or an agent of an operator for the following purposes:
(a) locating for a valid notification request, or for the minor repair, connecting or routine maintenance of an existing facility; or
(b) underground probing to determine the extent of gas or water migration.
(4) when the Department of Transportation, a local government, special purpose district, or public service district is carrying out maintenance activities within its designated right-of-way, which may include resurfacing, milling, emergency replacement of signs critical for maintaining safety, or the reshaping of shoulder and ditches to the original road profile.
HISTORY: 2011 Act No. 48, Section 1, eff June 7, 2012.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.