Underground public utility facilities-excavation.

Plain English Breakdown

Checked against official source text during the last sync.

Changes to Rules for Digging Near Underground Utilities

The bill updates the definition of 'excavation' in Wyoming's law about digging near underground utilities, excluding certain farming and ranching activities.

What This Bill Does

• Updates the definition of 'excavation' to exclude routine maintenance on existing planted landscapes by farmers or ranchers.
• Specifies that tilling soil and gardening for agricultural purposes do not count as excavation.
• Excludes land clearing activities from being classified as excavation if they don't involve deep ripping or root removal.
• Clarifies that maintaining irrigation facilities within 24 months of the last maintenance is not considered excavation.

Who It Names or Affects

• Farmers and ranchers in Wyoming who perform routine agricultural activities.
• People involved in underground utility management and notification processes.

Terms To Know

Excavation

Any operation that moves or displaces earth, rock, or other materials on or below the ground using tools, equipment, or explosives. It includes activities like grading, trenching, digging, and drilling.

Routine maintenance

Regular upkeep of existing facilities without significant changes to the landscape.

Limits and Unknowns

• The bill did not pass in its session.
• It does not specify how the new definitions will be enforced or monitored.
• Since the bill did not pass, the effective date mentioned is not relevant.

Current Bill Text

20LSO-0584
2020
STATE OF WYOMING
20LSO-0584
Introduced
2.0

HOUSE BILL NO. HB0223

Underground public utility facilities-excavation.

Sponsored by: Representative(s) Gray and Senator(s) James

A BILL

for

AN ACT relating to the Wyoming Underground Facilities Notification Act; amending the definition of "excavation"; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 37
‑
12
‑
301(b)(iii) is amended to read:

37
‑
12
‑
301.

Short title; definitions.

(b)

As used in this act:

(iii)

"Excavation" or "excavates" means any operation in which earth, rock or other materials on or below the ground is moved or otherwise displaced by means of hand or power tools, power equipment or explosives or other means, and includes grading, trenching, digging, ditching, drilling, augering, tunneling, boring, plowing
‑
in, pulling
‑
in, ripping, scraping and cable or pipe installing
.
, except

"Excavation" or "excavates" shall not mean routine maintenance on existing planted landscapes, including
tilling of soil and gardening or agricultural purposes
;

of a farmer or rancher occurring on a farm or ranch when the maintenance involves:

(A)

Any form of existing agricultural activity that is routine for that ranch or farm;

(B)

Land clearing if the activity does not involve deep ripping or deep root removal of trees or shrubs;

(C)

Routine maintenance of:

(I)

An existing irrigation facility if the facility has been subjected to maintenance in the previous twenty
‑
four (24) months; or

(II)

Existing fence lines.

Section 2
.

This act is effective July 1, 2020
.

(END)

1
HB0223