Except as provided in KRS § 367.4911(9), the requirements of KRS § 367.4905 to KRS § 367.4917 shall not apply to the following:
(1) Excavation by an operator on its own easement except where that easement is crossed by another operator’s facilities;
(2) Routine road maintenance or railroad maintenance or repairs; (3) Tilling of soil for agricultural purposes;
(4) Excavators excavating on private property, using nonmechanized equipment, if there is no encroachment on any operator’s right-of-way or easement;
(5) The opening of a grave in a cemetery;
(6) A solid waste disposal site which is properly permitted;
(7) Coal mining operations which are currently regulated under KRS Chapter 350;
(8) A utility operator or utility operator subcontractor performing emergency work as defined in KRS § 367.4903;
(9) Leak migration testing using metal probes inserted by hand by an authorized representative of the operator;
(10) Any nonintrusive excavating performed by an operator or his subcontractor to locate the operator’s underground facilities in response to a notice of excavation from the notification center, if all reasonable precautions have been taken to protect the underground facilities; or
(11) Nonintrusive excavating to inspect or perform maintenance for an existing utility pole.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 105, sec. 2, effective June 29, 2021. — Amended
2012 Ky. Acts ch. 137, sec. 6, effective July 12, 2012. — Amended 2008 Ky. Acts ch.
180, sec. 4, effective July 15, 2008. — Amended 2000 Ky. Acts ch. 222, sec. 5, effective July 14, 2000. — Created 1994 Ky. Acts ch. 425, sec. 8, effective January 1,
1995.