ND HB1064

Amends the definition of "excavation" in North Dakota Century Code section 49-23-01 to clarify operations involving earth, rock, or other materials moved by hand tools, power equipment, or explosives, including grading, trenching, drilling, boring, and cable or pipe plowing.

Excludes from the definition of excavation: opening graves in cemeteries, agricultural plowing and similar operations unless soil is disturbed more than 18 inches deep, and gardening or landscaping unless soil is disturbed more than 12 inches deep.

Excludes normal maintenance of roads and streets that does not change the original grade or involve the road ditch, and normal repair and maintenance of railroad track and track bed on railroad property.

Passed the House with 93 yeas, 0 nays, and 1 absent; passed the Senate with 47 yeas and 0 nays.

Requested by the Public Service Commission.