367.4915 Activities exempt from KRS 367.4905 to 367.4917.
242 words·~1 min read·
/ky/chapter-367/367-4915A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in KRS 367.4911(9), the requirements of KRS 367.4905 to 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 or her 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;
(11)Nonintrusive excavating to inspect or perform maintenance for an existing utility
pole; or
(12)Connection or disconnection of communications lines within a private or public
easement or right-of-way by means of nonintrusive excavating when the depth of
the excavations is not greater than twelve
(12)inches and is completed within
twelve
(12)inches of a communications service provider's own communications
network.