An act to amend and reenact subsection 7 of section 49-23-01 of the North Dakota Century Code, relating to the one-call excavation notice system., the official text

Sixty-ninth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1153 (Representatives Dockter, D. Anderson, Novak, Porter)
(Senator Patten)
AN ACT to amend and reenact subsection 7 of section 49-23-01 of the North Dakota Century Code, relating to the one-call excavation notice system.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Subsection 7 of section 49-23-01 of the North Dakota Century Code is
amended and reenacted as follows: 7. "Excavation" means any operation in which earth, rock, or other materials in or below the ground is moved or otherwise displaced by means of hand or power tools, power equipment, or explosives and includes grading, trenching, digging, ditching, dredging, drilling, augering, tunneling, boring, scraping, and cable or pipe plowing and driving. The term does not include: a. Opening a grave in a cemetery. b. Plowing, cultivating, planting, harvesting, and similar operations in connection with agricultural activities, unless any of these activities disturbs the soil to a depth of eighteen inches [45.72 centimeters] or more. c. Gardening and landscaping unless it disturbs the soil to a depth of twelve inches [30.48 centimeters] or more. d. Normal maintenance of paved roads and streets if the maintenance does not change the original gradeextend deeper than the depth of the existing pavement and does not involve the road ditch. e. Normal surface maintenance of gravel roads and streets if the maintenance does not involve the road ditch. e.f. Normal repair and maintenance of track and track bed by a railroad on its own right of way.

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____________________________ Speaker of the House

____________________________ President of the Senate

____________________________ Chief Clerk of the House

____________________________ Secretary of the Senate

This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No. 1153.

House Vote: Senate Vote:

Yeas 87 Yeas 47

Nays 0 Nays 0

Absent 7 Absent 0

____________________________ Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025. Approved at ________M. on __________________________________________________, 2025.

____________________________ Governor
Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State