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.
Summary
HB 1153 amends North Dakota Century Code section 49-23-01, which defines “excavation” for purposes of the state’s one-call excavation notice system. The bill keeps the core definition of excavation broad, covering activities such as grading, trenching, digging, drilling, boring, and similar earth-moving work, but clarifies several exclusions from that definition.
The bill specifies that certain routine activities are not considered excavation unless they disturb the soil beyond stated depths or affect certain areas. These exclusions include opening a grave in a cemetery, ordinary agricultural operations unless they disturb soil to 18 inches or more, gardening and landscaping unless they disturb soil to 12 inches or more, normal maintenance of paved roads and streets that does not go below the existing pavement or involve the road ditch, normal surface maintenance of gravel roads and streets that does not involve the road ditch, and normal railroad track and track-bed maintenance on a railroad’s own right-of-way.
Impact
The bill narrows and clarifies when the one-call notification requirements apply by refining the statutory definition of excavation. In practice, this affects contractors, farmers, landscapers, road maintenance crews, railroads, and others who perform ground-disturbing work, because it helps determine when they must contact the one-call system before beginning work. It also preserves the existing notice framework for deeper or more disruptive activities that could affect underground utilities.
Sentiment
The bill appears to have been noncontroversial and broadly supported. It passed the House 87-0 and the Senate 47-0, indicating unanimous approval in both chambers. No committee testimony or recorded opposition is provided, and the voting history suggests the measure was viewed as a technical or clarifying update rather than a policy change that generated debate.
Contention
No notable contention is reflected in the available record. The main policy issue is the scope of the excavation exemption language, particularly the depth thresholds for agricultural, gardening, and landscaping activities and the carveouts for road and railroad maintenance. However, the unanimous votes suggest any concerns were either resolved in drafting or were not significant enough to produce opposition.