N.D. Cent. Code § 49-23-04.1

Current through the 2023 Legislative Sessions

Section 49-23-04.1 - Survey

1. An individual making a request for location for information, design, or purposes other than excavation shall contact the notification center for a survey location. The survey notice must contain:

a. The name, address, and telephone number of the person making the notification;

b. The name, address, and telephone number of the surveyor;

c. The date and time information will be captured;

d. The depth of any planned future excavation;

e. The type and extent of any planned future excavation, including whether it involves tunneling or horizontal boring;

f. Whether the use of explosives is anticipated;

g. Any other information the notification center requires;

h. The location of the area to be surveyed by one of the following means:

(1) A specific street address;

(2) A reference to a platted lot number of record;

(3) An identifiable roadway or roadway intersection; or

(4) A specific quarter section by section number, range, township, and county. In this case, the location must be further described by coordinates measured in feet from the nearest quarter section corner or section corner.

2. Unless otherwise exempted, the ticket request must include site identification information by one or more of the following means: white marking, digital white lining, project staking, geographic information system shape file, detailed drawing, map, or other means agreed upon by the parties to the ticket. Site identification under this subsection is not required if:

a. The precise location of planned future excavation can be clearly and adequately identified on the location notice and is limited to a single street address or a platted lot number of record; or

b. Prior to any survey, the excavator requests and conducts a meeting with the affected operators at the location of the survey.

3. The notification center shall:

a. Immediately transmit the information contained in a survey notice to every operator that has an underground facility in the survey area; and

b. Inform the individual who made the survey location request of the names of participating operators of underground facilities to whom the notice will be given.

4. Within five days; excluding Saturdays, Sundays, and holidays; an operator with a facility within the survey area shall locate or mark the facilities physically, provide location information electronically, or meet with the ticket holder.

5. Meetings may be held at the discretion of the ticket holder.

6. Electronic information may be exchanged at the discretion of the operator.

7. The survey ticket holder shall assume ownership of materials used to mark the facility, use reasonable efforts to maintain markings until the survey information has been captured, and remove all tangible marking materials used to mark the facility and the site area upon completion of the capture.

8. The survey ticket holder is responsible for the reasonable costs of any relocate after a survey location has been properly located and marked.

N.D.C.C. § 49-23-04.1

Added by S.L. 2017, ch. 330 (HB 1026),§ 4, eff. 8/1/2017.