This section is reserved, effective May 22, 2026, pursuant to 2025 Acts No. 65, SECTION 1.
A person is exempt from the requirements of Section 58-36-60(A) when an excavation is performed under the following conditions:
(1) by the owner of a single-family residential property on his own land when the excavation:
(a) does not encroach on any operator's known right-of-way, easement, or permitted use;
(b) is performed with nonmechanized equipment; and
(c) is less than ten inches in depth;
(2) tilling or plowing of soil when less than twelve inches in depth for agricultural purposes;
(3) for excavation with nonmechanized equipment by an operator or an agent of an operator for the following purposes:
(a) locating for a valid notification request, or for the minor repair, connecting or routine maintenance of an existing facility; or
(b) underground probing to determine the extent of gas or water migration.
(4) when the Department of Transportation, a local government, special purpose district, or public service district is carrying out maintenance activities within its designated right-of-way, which may include resurfacing, milling, emergency replacement of signs critical for maintaining safety, or the reshaping of shoulder and ditches to the original road profile.