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Bill Detail: HB21-1095

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Title 811 Locate Exemption For County Road Maintenance
Status Governor Signed (05/21/2021)
Bill Subjects
  • Local Government
  • Transportation & Motor Vehicles
House Sponsors M. Baisley (R)
C. Kipp (D)
Senate Sponsors J. Ginal (D)
R. Woodward (R)
House Committee Transportation and Local Government
Senate Committee Local Government
Date Introduced 02/16/2021

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 routine or emergency maintenance of right-of-way on
county-owned gravel or dirt roads performed by county employees that:
  • Does not lower the existing grade or elevation of the road,
shoulder, and ditches; and
  • Does not disturb more than 6 inches in depth during
maintenance operations.

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