23.8080.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1064
of North Dakota
Introduced by
Government and Veterans Affairs Committee
(At the request of the Public Service Commission)
1 A BILL for an Act to amend and reenact subsection 7 of section 49-23-01 of the North Dakota
2 Century Code, relating to the definition of excavation.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Subsection 7 of section 49-23-01 of the North Dakota Century
5 Code is amended and reenacted as follows:
6 7. "Excavation" means any operation in which earth, rock, or other materials in or below
7 the ground is moved or otherwise displaced by means of hand or power tools, power
8 equipment, or explosives and includes grading, trenching, digging, ditching, dredging,
9 drilling, augering, tunneling, boring, scraping, and cable or pipe plowing and driving.
10 The term does not include:
11 a. Opening a grave in a cemetery.
12 b. Plowing, cultivating, planting, harvesting, and similar operations in connection
13 with agricultural activities, unless any of these activities disturbs the soil to a
14 depth of eighteen inches [45.72 centimeters] or more.
15 c. Gardening and landscaping unless it disturbs the soil to a depth of twelve inches
16 [30.48 centimeters] or more.
17 d. Normal maintenance of roads and streets if the maintenance does not change
18 the original grade and does not involve the road ditch.
19 e. Normal repair and maintenance of track and track bed by a railroad on its own
20 right of way.
Page No. 1 23.8080.01000


Statutes affected:
INTRODUCED: 49-23-01
Enrollment: 49-23-01
PREFILED: 49-23-01