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HB 1153

AN ACT to amend and reenact subsection 7 of section 49-23-01 of the North Dakota Century Code, relating to the one-call excavation notice system.

69th Legislative Assembly (2025-26) Introduced by Dick Anderson and 4 co-sponsors

The bill clarifies when one-call notifications are required by setting explicit depth thresholds and exclusions for routine activities like gardening, farming, and road work.

Filed with Secretary Of State 03/24
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Bill Summary · HB 1153

HB 1153 — North Dakota (Sixty-ninth Legislative Assembly)

An Act to amend and reenact subsection 7 of section 49‑23‑01 of the North Dakota Century Code (one‑call excavation notice system)

Purpose / Intent

The bill revises the statutory definition of “excavation” used in North Dakota’s one‑call (utility locate/811) system by clarifying which routine activities are excluded from the definition. The changes provide explicit depth thresholds and clearer language for maintenance exceptions so providers, landowners, and contractors better understand when one‑call notification is required.

Key provisions (subsection 7, as amended)

  • Reiterates that “excavation” includes operations that move or displace earth/rock by hand or power tools, equipment, or explosives (examples listed: grading, trenching, digging, ditching, dredging, drilling, augering, tunneling, boring, scraping, cable/pipe plowing and driving).
  • Clarifies exclusions (activities that are not “excavation” for one‑call purposes):
    • Opening a grave in a cemetery.
    • Agricultural activities (plowing, cultivating, planting, harvesting, and similar) are excluded unless they disturb soil to a depth of 18 inches (45.72 cm) or more.
    • Gardening and landscaping are excluded unless they disturb soil to a depth of 12 inches (30.48 cm) or more.
    • Normal maintenance of paved roads and streets is excluded if the maintenance:
    • does not extend deeper than the depth of the existing pavement, and
    • does not involve the road ditch.
    • Normal surface maintenance of gravel roads and streets is excluded if it does not involve the road ditch.
    • Normal repair and maintenance of railroad track and track bed by a railroad on its own right‑of‑way is excluded.

Notes: The amendment tightens and clarifies prior road‑maintenance language (replacing ambiguous phrasing about changing grade) and sets clear depth thresholds for agricultural and gardening exclusions.

Who is affected

  • Farmers, landscapers, homeowners and property managers: clearer criteria on when an 811/one‑call notification is necessary for routine activities.
  • Road maintenance crews and local governments: refined exclusions for routine paved/gravel road surface work (but work involving ditches or deeper pavement work still triggers one‑call duties).
  • Utilities, pipeline operators, and one‑call center(s): potential change in the number/type of notifications; may need to update guidance, training, and outreach.
  • Contractors and excavators: clearer compliance rules tied to measured depths.

Potential impacts / considerations

  • Administrative: likely reduces some low‑risk, shallow notifications (e.g., routine gardening, some agricultural operations), lowering compliance burden and call volume.
  • Safety: strict adherence to the depth and ditch conditions will be important—activities near threshold depths still pose risk if not properly assessed. Utilities and stakeholders should communicate the changes to avoid inadvertent strikes.
  • Legal clarity: provides more objective metrics (inches/cm) which can reduce disputes about whether a given activity required notice.

Legislative status / timeline

  • Introduced: November 12, 2024.
  • Passed House: Yeas 87, Nays 0.
  • Passed Senate: Yeas 47, Nays 0.
  • Enrolled and filed with Secretary of State: filed March 24, 2025 (record shows Governor’s signature recorded March 21, 2025).
  • Effectiveness: the bill text as provided does not state a delayed effective date; filed/enrollment indicates completion of enactment process. Stakeholders should consult the official codified version or Secretary of State for the exact effective date and any implementing guidance.

Practical recommendation

Excavators, utilities, local road agencies, counties, and one‑call administrators should update internal policies, public guidance, and training to reflect the clarified exclusions and depth thresholds so compliance and public safety are maintained.

Compiled from official sources — confirm details with the bill’s official record.

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