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HB21-1095

811 Locate Exemption For County Road Maintenance

Concerning excavation notification requirements for underground facility location in connection with county road maintenance.
Session:
2021 Regular Session
Subjects:
Local Government
Transportation & Motor Vehicles
Bill Summary

Current law requires an individual or entity to notify the statewide notification association of all owners and operators of underground facilities of its intent to engage in excavation so that any underground facilities that the excavation might affect, such as water and sewer pipes, gas lines, and electric or cable lines, can be located and marked before excavation begins. Underground facilities are often located beneath county gravel and dirt roads, normally at a depth of at least 18 inches below the road surface. Counties maintain the profile and surface condition of such county roads and county road rights-of-way by engaging in routine and emergency maintenance activities that do not disturb more than 6 inches in depth. These maintenance activities currently trigger the excavation notification requirement, and the related requirement that the location of underground facilities be marked, even though they occur above the levels where underground facilities are located. To prevent such activities from triggering the excavation notification requirement, The bill specifies that "excavation" does not include excavation that is routine or emergency maintenance of the right-of-way on county-owned of a county-maintained gravel or dirt roads road and is performed by county employees that does not require notification of the notification association unless the excavation will:

  • Does not Lower the existing grade or elevation of the road, shoulder, and ditches; and road or any adjacent shoulder or the designed and constructed elevation of any adjacent ditch flowline; or
  • Does not Disturb more than 6 inches in depth during maintenance operations as it is conducted .

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Under Consideration

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