56-265.15:1 - Exemptions; routine maintenance
§ 56-265.15:1. Exemptions; routine maintenance.
Nothing in this chapter shall apply to:
1. Any hand digging performed by an owner or occupant of a property.
2. The tilling of soil for agricultural purposes.
3. Any excavation done by a railroad when the excavation is made entirely onthe land which the railroad owns and on which the railroad operates, providedthere is no encroachment on any operator's rights-of-way or easements.
4. An excavation or demolition during an emergency, as defined in §56-265.15, provided all reasonable precaution has been taken to protect theunderground utility lines.
In the case of the state highway systems or streets and roads maintained bypolitical subdivisions, officials of the Department of Transportation or thepolitical subdivision where the use of such highways, roads, streets or otherpublic way is impaired by an unforeseen occurrence shall determine thenecessity of repair beginning immediately after the occurrence.
5. Any excavation for routine pavement maintenance, including patch typepaving or the milling of pavement surfaces, upon the paved portion of anystreet, road, or highway of the Commonwealth provided that any suchexcavation does not exceed a depth of twelve inches (0.3 meter).
6. Any excavation for the purpose of mining pursuant to and in accordancewith the requirements of a permit issued by the Department of Mines, Mineralsand Energy.
7. Any hand digging performed by an operator to locate the operator's utilitylines in response to a notice of excavation from the notification center,provided all reasonable precaution has been taken to protect the undergroundutility lines.
8. Any installation of a sign that does not involve excavation as defined in§ 56-265.15.
(1994, c. 890; 1996, c. 79; 2002, c. 841; 2010, cc. 777, 832.)