49-21.1 Electric Transmission Lines
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or between any single conductor and the ground.2."Overhead lines or overhead conductors" means electrical conductors installed
above the ground, except conductors deenergized and grounded or enclosed in
protective conduit or other metal covering.49-21.1-01.1.Electricity transmission and distribution lines - Differentiation.Except for purposes of transmission facility siting under chapter 49-22 and regulatory accounting
including the determination of the demarcation between federal and state jurisdiction over
transmission in interstate commerce and local distribution, for purposes of this title and chapter
57-33.2, lines designed to operate at a voltage of 41.6 kilovolts or more are transmission lines,
and lines designed to operate at a voltage less than 41.6 kilovolts are distribution lines.49-21.1-02. Operations within ten feet prohibited. No person shall store or erect anytools, machinery, equipment, supplies, materials, apparatus, house, or other building, or any part
thereof, within ten feet [3.05 meters] of any high voltage overhead conductor.49-21.1-03. Warning sign required on equipment. No person shall operate any crane,derrick, power shovel, drilling rig, hoisting equipment, or similar apparatus, any part of which is
capable of lateral or swinging motion, unless there is posted and maintained in plain view of the
operator thereof, a durable warning sign legible at twelve feet [3.66 meters] which reads:
"Unlawful to operate this equipment within ten feet [3.05 meters] of high voltage lines". Each
day's failure to post or maintain such signs shall constitute a separate violation.49-21.1-03.1. Work near high voltage overhead lines - Safety requirements - Notice- Costs. If any work is performed within six feet [1.83 meters] of any high voltage overhead line,
or if mechanical equipment or machinery used near high voltage overhead lines is capable of
motion to within ten feet [3.05 meters] of any high voltage overhead line, the person responsible
for the work shall notify the operator of the high voltage overhead line of the intent to work near
the line. The work may be pursued only after the person and the operator of the line have
provided protection for endangered persons by mechanical or insulated barriers, by deenergizing
and grounding the line, or by temporary relocation of the line. The person working near the
overhead line must pay the operator actual expenses necessary to meet the requirements of this
chapter, except that the operator of the line is responsible for the cost if the line was installed
closer to an existing fixture or structure than the minimum clearance required by the latest edition
of the national electrical safety code, as adopted by the public service commission. The operator
of the line need not take the precautions until the person working near the line pays the
necessary expenses.Within five business days after payment of those expenses, or asotherwise agreed upon in writing by the person responsible for the work, the operator of the line
shall complete the arrangements for protection of endangered persons.49-21.1-04. Penalty. Any person who violates this chapter is subject to a civil penaltynot to exceed one thousand dollars. The civil penalty may be recovered by action prosecuted by
the state's attorney of the county where the violation occurred.49-21.1-05. Exceptions. This chapter does not apply to:1.Construction, reconstruction, operation, or maintenance of any high voltage
overhead conductor, supporting structure, or appurtenances for the support or
operation of a high voltage conductor by persons authorized by the owner or
operator.Page No. 12.Work on telecommunications, coaxial, signaling, and other communication circuits or
their supporting structures, or other circuits and their supporting structures which are
not high voltage.3.The operation or maintenance of railroad equipment or vehicles on fixed rails or
railroad right of way.4.Work by any employee of an industrial plant on the electrical system of the plant.5.Work by any employee of an electrical or communications contractor performed
under the employer's supervision.6.The operation of highway vehicles, agricultural equipment, or agricultural aircraft
which in normal use may incidentally pass within the ten-foot [3.05-meter] clearance
limitation.7.Governmental entities responding to an emergency situation.8.Work by any employee of a surface coal mining company in the course of coal
mining activities.9.The state and its agencies.Page No. 2Document Outlinechapter 49-21.1 electric transmission lines