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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

5 provisions identified: 2 benefits, 1 costs, 2 mixed.

Protection when utilities fail to locate

Starting October 1, 2025, if the Notification Center sent proper notice and the operator did not respond or mark, you may proceed if you use due care. You and the party paying for the job are not liable for damage if you used due care. The law presumes you used due care when four things are true: notice went out, the operator failed to respond or locate, you followed safe‑dig rules, and you did not actually know a line was there. This presumption can be overcome only by clear and convincing evidence. Lawsuits for excavation damage must be filed in the North Carolina county where the damage happened.

Stronger utility marking and deadlines

Starting October 1, 2025, operators must give you the horizontal location and a description of all their lines in your work area. They must mark with stakes, paint, or flags using APWA colors and show width every 50 feet for lines over 4 inches. Operators with more than one line must locate each line. Deadlines: respond three full working days before your start for normal digs, and within 10 full working days for subaqueous lines. In emergencies, operators must make first contact within three hours and arrange marking for unmarked lines within three hours after added notice. Written agreements can change these times, and extraordinary events can pause them.

New board, penalties, and appeals

Starting October 1, 2025, a 15‑member Review Board oversees damage‑prevention enforcement. Members are appointed by the Governor and serve four‑year terms, with a two‑term limit. The Board contacts reported parties within 15 working days, reviews cases, and may require approved training or recommend civil penalties up to $2,500. Violators pay training fees. The Board must give written notice within 30 days; you may request an informal conference within 30 days and attend in person to present evidence. If the Board recommends a penalty, the Utilities Commission issues an order imposing it. You may appeal by starting binding arbitration within 30 days after the informal conference; the filing fee is $250. The Commission issues a final order and can charge arbitration costs to the non‑prevailing party. You can appeal to superior court within 30 days. If a penalty is unpaid 90 days after the order and appeals end, the Attorney General will sue to collect.

Safer digging rules and clear buffers

Starting October 1, 2025, you must use nonmechanized tools within 24 inches of certain oil, gas, and electric transmission lines. You may use mechanized equipment there only with the operator’s written consent and a representative on site. In a pipeline tolerance zone, use safe methods like hand digging or potholing. The law defines nonmechanized tools to include soft‑dig with air or water plus vacuum. It also sets the tolerance‑zone formula and a 15‑foot buffer on each side for subaqueous lines.

Notice limits with home and farm exemptions

Starting October 1, 2025, you must give notice at least three full working days before normal digs and 10 to 20 working days before digs near subaqueous lines. A notice expires 28 days after your start date. Each locate covers only what you can finish in 28 days and is limited to one parcel, up to five adjoining parcels under 1/4 mile, or an area up to 1/4 mile. Some small jobs are exempt: owners digging on a single‑family lot without encroaching; owners who encroach but use nonmechanized tools; tilling under 12 inches; certain farm work; and some operator or surveyor hand‑tool locating or maintenance. Some right‑of‑way maintenance is exempt, but not new installs and not when a contractor works for the maintenance entity.

Sponsors & Cosponsors

Sponsors

  • Mitchell S. Setzer

    Republican • House

  • Sam Watford

    Republican • House

  • Jeff Zenger

    Republican • House

Cosponsors

  • Jerry "Alan" Branson

    Republican • House

  • Howard Penny, Jr.

    Republican • House

  • Shelly Willingham

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 268 • No: 0

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

  1. Ch. SL 2025-21

    6/26/2025House

  2. Signed by Gov. 6/26/2025

    6/26/2025House

  3. Pres. To Gov. 6/20/2025

    6/20/2025House

  4. Ratified

    6/19/2025House

  5. Ordered Enrolled

    6/18/2025House

  6. Concurred In S Com Sub

    6/18/2025House

  7. Placed On Cal For 06/18/2025

    6/17/2025House

  8. Cal Pursuant 36(b)

    6/17/2025House

  9. Special Message Received For Concurrence in S Com Sub

    6/17/2025House

  10. Special Message Sent To House

    6/17/2025Senate

  11. Passed 3rd Reading

    6/17/2025Senate

  12. Passed 2nd Reading

    6/17/2025Senate

  13. Reptd Fav

    6/16/2025Senate

  14. Re-ref Com On Rules and Operations of the Senate

    6/11/2025Senate

  15. Reptd Fav

    6/11/2025Senate

  16. Re-ref Com On Judiciary

    6/4/2025Senate

  17. Com Substitute Adopted

    6/4/2025Senate

  18. Reptd Fav Com Substitute

    6/4/2025Senate

  19. Re-ref to Agriculture, Energy, and Environment. If fav, re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

    6/2/2025Senate

  20. Withdrawn From Com

    6/2/2025Senate

  21. Ref To Com On Rules and Operations of the Senate

    3/27/2025Senate

  22. Passed 1st Reading

    3/27/2025Senate

  23. Regular Message Received From House

    3/27/2025Senate

  24. Regular Message Sent To Senate

    3/27/2025House

  25. Passed 3rd Reading

    3/26/2025House

Bill Text

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