Precautions to avoid damage
N.D. Cent. Code § 49-23-05
in effect49-23-05. Precautions to avoid damage
To avoid damage to and minimize interference with underground facilities in and near the
excavation area, a ticket holder shall:
1. Maintain a clearance between an underground facility and the cutting edge or point of
any mechanized equipment, considering the known limit of control of the cutting edge
or point to avoid damage to the facility.
2. Provide support in a manner approved by the operator for underground facilities in and
near the construction area, including backfill operations to protect the facilities. Backfill
must be of a material equal to or better in both quality and quantity to the existing
backfill.
3. Assume ownership of materials used to mark the facility, use reasonable efforts to
maintain markings during excavation, and remove all tangible marking materials used
to mark the underground facility and site area upon completion of the excavation.
4. Assume the cost of excavation to expose the facility unless otherwise indicated by
owner of facility.
5. Conduct the excavation in a careful and prudent manner.
6. Properly manage spoil material to prevent shifting or falling material that could damage
belowground facilities.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t49c23.pdf#nameddest=49-23-05Fetched: 10/16/2026