Title 49 — Public Utilities
33 chapters · 382 sections in this title.
N.D.C.C. § 49-23-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Abandoned" means no longer in service and physically disconnected from a portion of the facility or from any other facility that is in use or still carries services. 2. "Board" means the board of directors of the…
N.D.C.C. § 49-23-02 Notice to excavators and underground facility operators
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A local governmental entity that issues permits for an activity involving excavation shall display an excavator's and operator's notice at the location where permits are obtained. An excavator's and operator's notice and a copy of this chapter must be furnished to each person obt…
N.D.C.C. § 49-23-03 Notification center - Participation - Establishment
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1. An operator shall participate in and share in the costs of the statewide notification center operated by a vendor selected under this section. 2. A person doing business as an excavator or operator under this chapter shall participate in and share in the costs of a statewide n…
N.D.C.C. § 49-23-04 Excavation
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1. Except in an emergency, an excavator shall contact the notification center and provide an excavation or location notice before beginning any excavation. An excavation begins the first time excavation occurs in an area that was not previously identified by the excavator in an e…
N.D.C.C. § 49-23-04.1 Survey
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1. An individual making a request for location for information, design, or purposes other than excavation shall contact the notification center for a survey location. The survey notice must contain: a. The name, address, and telephone number of the person making the notification;…
N.D.C.C. § 49-23-05 Precautions to avoid damage
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To avoid damage to and minimize interference with underground facilities in and near the excavation area, a ticket holder shall: 1. Maintain a clearance between an underground facility and the cutting edge or point of any mechanized equipment, considering the known limit of contr…
N.D.C.C. § 49-23-06 Damage to facilities - Penalty
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1. a. If any damage occurs to an underground facility or its protective covering, the excavator shall notify the operator as soon as reasonably possible. When the operator receives a damage notice, the operator shall dispatch, as soon as reasonably possible, personnel to the dama…
N.D.C.C. § 49-23-07 Effect on local ordinances
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A person with a permit for excavation from the state or a local governmental unit is subject to this chapter. This chapter does not affect or impair local ordinances, charters, or other provisions of law requiring permits to be obtained before excavating.