§ 87-115 – Short title.

87-115. Short title. This Article may be cited as the "Underground Utility Safety and Damage Prevention Act." (2013-407, s. 2.)

§ 87-116 – Declaration of policy and purpose.

87-116. Declaration of policy and purpose. The General Assembly of North Carolina hereby declares as a matter of public policy that it is necessary to protect the citizens and workforce of this State from the dangers inherent in excavating or demolishing in areas where underground lines, systems, or infrastructure are buried beneath the surface of […]

§ 87-117 – Definitions.

87-117. Definitions. The following definitions apply in this Article: (1) APWA. – The American Public Works Association or its successors. (1a) Board. – The Underground Damage Prevention Review Board. (2) Business continuation plan. – A plan that includes actions to be taken in an effort to provide uninterrupted service during catastrophic events. (3) Contract locator. […]

§ 87-118 – Reserve to the State the power to regulate.

87-118. Reserve to the State the power to regulate. The provisions in this Article supersede and preempt any ordinance adopted by a city or county that purports to do any of the following: (1) Require operators to obtain permits from a city or county in order to identify facilities. (2) Require premarking or marking of […]

§ 87-119 – Costs associated with compliance; effect of permit.

87-119. Costs associated with compliance; effect of permit. Any costs or expenses associated with an excavator’s compliance with the requirements of this Article shall not be charged to any operator. Any costs or expenses associated with an operator’s compliance with the requirements of this Article shall not be charged to any excavator. The Notification Center […]

§ 87-120 – Notification Center; responsibilities.

87-120. Notification Center; responsibilities. (a) The operators in the State shall maintain a Notification Center for the sole purpose of providing the services required by this Article. The Notification Center shall maintain information concerning receipt of notification of proposed excavation and demolition activities as provided in this Article and shall maintain information received from operators […]

§ 87-121 – Facility operator responsibilities.

87-121. Facility operator responsibilities. (a) An operator shall provide to the excavator the following: (1) The horizontal location and description of all of the operator’s facilities in the area where the proposed excavation or demolition is to occur. The location shall be marked by stakes, soluble paint, flags, or any combination thereof, as appropriate, depending […]

§ 87-122 – Excavator responsibilities.

87-122. Excavator responsibilities. (a) Before commencing any excavation or demolition operation, the person responsible for the excavation or demolition shall provide or cause to be provided notice to the Notification Center of his or her intent to excavate or demolish. Notice for any excavation or demolition that does not involve a subaqueous facility must be […]

§ 87-123 – Training.

87-123. Training. (a) Every person who is an excavator, locator, or operator under this Article by virtue of engaging in these activities in the course of a business or trade has a duty to provide education and training to employees and to document such education and training. The training shall include sufficient information, guidance, and […]

§ 87-124 – Exemptions.

87-124. Exemptions. The notice requirements in G.S. 87-122(a) and G.S. 87-122(b) do not apply to the following: (1) An excavation or demolition performed by the owner of a single-family residential property on his or her own land that does not encroach on any operator’s right-of-way, easement, or permitted use. (2) An excavation or demolition performed […]

§ 87-125 – Notice in case of emergency excavation or demolition.

87-125. Notice in case of emergency excavation or demolition. (a) An excavator performing an emergency excavation or demolition is not required to give notice to the Notification Center as provided in G.S. 87-122. However, the excavator shall, as soon as practicable, give notice to the Notification Center which shall include a description of the circumstances […]

§ 87-126 – Notification required when damage is done.

87-126. Notification required when damage is done. (a) The excavator performing an excavation or demolition that results in any damage to a facility shall immediately upon discovery of the damage notify the Notification Center and the facility operator, if known, of the location and nature of the damage. The excavator shall allow the operator reasonable […]

§ 87-127 – Design notices.

87-127. Design notices. (a) A designer may submit a design notice to the Notification Center. The design notice shall describe the tract or parcel of land for which the design notice has been submitted with sufficient particularity, as defined by policies and procedures adopted by the Notification Center, to allow the operator to ascertain the […]

§ 87-128 – Absence of facility location.

87-128. Absence of facility location. If an operator who has been given notice as provided in G.S. 87-120(d) by the Notification Center fails to respond to that notice as provided in G.S. 87-121 or fails to properly locate the facility, the person excavating is free to proceed with the excavation. Neither the excavator nor the […]

§ 87-129 – Underground Damage Prevention Review Board; enforcement; civil penalties.

87-129. Underground Damage Prevention Review Board; enforcement; civil penalties. (a) There is hereby established the Underground Damage Prevention Review Board to review reports of alleged violations of this Article. The members of the Board shall be appointed by the Governor. The Board shall consist of 15 members as follows: (1) A representative from the North […]

§ 87-129.1 – Fee to defray operating costs.

87-129.1. Fee to defray operating costs. The Board is authorized to impose an annual fee on operators in order to provide sufficient moneys to fund the activities and operations of the Board in reviewing reports of alleged violations of this Article. The fee shall be based on volume of notifications provided by the Notification Center […]

§ 87-130 – Severability.

87-130. Severability. If any provision of this Article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Article are severable. (2013-407, s. 2.)