All Roll Calls
Yes: 268 • No: 0
North CarolinaHB 2472025-2026 SessionHouseWALLET
AN ACT TO UPDATE THE UNDERGROUND UTILITY SAFETY AND DAMAGE PREVENTION ACT.
Sponsored By: Mitchell S. Setzer (Republican), Sam Watford (Republican), Jeff Zenger (Republican)
Signed by Governor
CONSTRUCTIONELECTRICITY GENERATION & DISTRIBUTIONINFRASTRUCTURENOTIFICATIONPRESENTEDPUBLICRATIFIEDREPORTSTELECOMMUNICATIONSTITLE CHANGEUTILITIESUTILITIES COMN
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 4 benefits, 0 costs, 2 mixed.
Less liability when utilities don't mark
Beginning October 1, 2025, you get a legal shield if a utility does not respond or mark after proper notice. If the Notification Center gave notice, the operator failed to respond or locate, you followed the excavation safety rules, and you did not actually know a line was there, the law presumes you used due care. That presumption can be overturned only by clear and convincing evidence. In those cases, you or the party paying for the digging are not liable for the damage.
Fines and appeals for dig law violations
Beginning October 1, 2025, violators can be ordered to take training and pay civil penalties up to $2,500, plus any training fees. You get process rights: an informal conference on request within 30 days (in person or by representative). If a penalty is recommended, the Utilities Commission issues the order within 30 days. You may choose arbitration within 30 days by paying a $250 filing fee; parties pick the arbitrator, and the Commission issues an order and assigns arbitration costs. You can appeal the Commission’s order to superior court within 30 days. If a penalty is not paid within 90 days after appeals end, the Attorney General can sue to collect.
More dig exemptions for homes and farms
Beginning October 1, 2025, some common small jobs do not need a notice. Homeowners can dig on their own single‑family lot without notice if they do not encroach on utility easements. If they do encroach, they can still skip notice when using only hand tools or soft‑dig methods. Tilling for gardening or farming under 12 inches deep needs no notice, even if it encroaches. Farm work for agricultural purposes that does not encroach also needs no notice. Operators and surveyors using nonmechanized tools for valid locates, minor repairs, routine maintenance, or gas/water probing are exempt. Routine right‑of‑way maintenance by government employees (like emergency sign replacement and reshaping shoulders or ditches) is exempt, but new installations and contractor‑performed work are not.
New digging notice and marking rules
Beginning October 1, 2025, digging rules tighten. For most jobs, you give notice 3–12 full working days before work. Near subaqueous lines, you give notice 10–20 full working days. A notice expires after 28 calendar days, and the locate area must be finishable in 28 days and limited to one parcel or up to five adjoining parcels (no more than a quarter mile). Operators must mark lines using the APWA color code and show the size every 50 feet if over 4 inches. They must respond within 3 full working days (10 for subaqueous), contact you in 3 hours for emergencies, and mark unmarked lines within 3 hours after extra notice. Stay within the tolerance zone: half the known pipe diameter plus 24 inches on each side (or 24 inches each side if unknown), and 15 feet each side for underwater lines. You must use safe methods in the tolerance zone, and some mechanized work near major pipelines is restricted.
Damage suits must be filed locally
Starting October 1, 2025, claims for actual or consequential damages that happen in North Carolina must be filed in a North Carolina court in the county where the event occurred. This local venue rule can reduce travel and make it easier to use nearby courts.
New Underground Damage Review Board
Starting October 1, 2025, a 15‑member Board reviews alleged violations of the dig law. Members serve four‑year terms (max two in a row), must avoid conflicts, and can be removed for cause. A majority is a quorum, and meetings can include live phone or electronic participation. The Board can make rules, set an attendance policy, appoint interim members, and ask the Utilities Commission for a nonvoting admin representative. It must keep detailed reports for at least four years, and the Utilities Commission reports yearly on penalty compliance. Penalty proceeds go where the State Constitution directs. The Board can hire help and may request legal counsel from the Attorney General.
Sponsors & Cosponsors
Sponsors
Mitchell S. Setzer
Republican • House
Sam Watford
Republican • House
Jeff Zenger
Republican • House
Cosponsors
Jerry "Alan" Branson
Republican • House
Jr. Howard Penny
Republican • House
Shelly Willingham
Democratic • House
Roll Call Votes
House vote • 6/18/2025
HB 247: Underground Safety Revisions.
Yes: 111 • No: 0 • Other: 9
Senate vote • 6/17/2025
HB 247: Underground Safety Revisions.
Yes: 46 • No: 0 • Other: 4
House vote • 3/26/2025
HB 247: 8-1-1 Amendments.
Yes: 111 • No: 0 • Other: 7
Actions Timeline
Ch. SL 2025-21
6/26/2025HouseSigned by Gov. 6/26/2025
6/26/2025HousePres. To Gov. 6/20/2025
6/20/2025HouseRatified
6/19/2025HouseOrdered Enrolled
6/18/2025HouseConcurred In S Com Sub
6/18/2025HousePlaced On Cal For 06/18/2025
6/17/2025HouseCal Pursuant 36(b)
6/17/2025HouseSpecial Message Received For Concurrence in S Com Sub
6/17/2025HouseSpecial Message Sent To House
6/17/2025SenatePassed 3rd Reading
6/17/2025SenatePassed 2nd Reading
6/17/2025SenateReptd Fav
6/16/2025SenateRe-ref Com On Rules and Operations of the Senate
6/11/2025SenateReptd Fav
6/11/2025SenateRe-ref Com On Judiciary
6/4/2025SenateCom Substitute Adopted
6/4/2025SenateReptd Fav Com Substitute
6/4/2025SenateRe-ref to Agriculture, Energy, and Environment. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
6/2/2025SenateWithdrawn From Com
6/2/2025SenateRef To Com On Rules and Operations of the Senate
3/27/2025SenatePassed 1st Reading
3/27/2025SenateRegular Message Received From House
3/27/2025SenateRegular Message Sent To Senate
3/27/2025HousePassed 3rd Reading
3/26/2025House
Bill Text
Edition 1
Edition 2
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Filed
Latest Edition
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