§ 87-106. Exceptions. - North Carolina Statutes

§87‑106.  Exceptions.

The following excavations areexempted from the notification requirements of this Article:

(1)        Tilling of soil foragricultural purposes;

(2)        Excavation by autility owner, by the State or its subdivisions or agencies, or by anyone contractingwith any of these entities to perform the excavation, on or within an easement,right‑of‑way, or property owned or controlled by any of theseentities, where:

a.         Only the facilitiesof the utility owner doing the excavating  are permitted; or

b.         All persons havingan interest in the excavation and the underground utilities that may be damagedduring the excavation have agreed in writing to provide the equivalent of thenotification required by this Article among themselves; or

(3)        The replacement of apole as long as the replacement pole is within three feet of the original poleand within the line of existing poles. This exception shall not apply to polesat highway intersections or at the crossings of highways and permanently markedtransmission underground utilities.

(4)        In the case of anemergency involving danger to life, health, or property requiring immediatecorrection, or in order to continue the operation of a major industrial plant,or in order to assure the continuity of utility services, excavationsimmediately required to repair or maintain the needed service may be made,without using explosives, if notice is given to the utility owner orassociation as soon as is reasonably possible; except that the prohibitionagainst the use of explosives shall not apply to the North Carolina Departmentof Transportation. Performance of emergency excavation shall not relieve theexcavator of liability for damages. (1985, c. 785, s. 1.)