South Carolina § 58-36-110 - Exemption from notice requirements.

§ 58-36-110. Exemption from notice requirements.

This section is reserved, effective May 22, 2026, pursuant to 2025 Acts No. 65, SECTION 1.

A person is exempt from the requirements of Section 58-36-60(A) when an excavation is performed under the following conditions:

(1) by the owner of a single-family residential property on his own land when the excavation:

(a) does not encroach on any operator's known right-of-way, easement, or permitted use;

(b) is performed with nonmechanized equipment; and

(c) is less than ten inches in depth;

(2) tilling or plowing of soil when less than twelve inches in depth for agricultural purposes;

(3) for excavation with nonmechanized equipment by an operator or an agent of an operator for the following purposes:

(a) locating for a valid notification request, or for the minor repair, connecting or routine maintenance of an existing facility; or

(b) underground probing to determine the extent of gas or water migration.

(4) when the Department of Transportation, a local government, special purpose district, or public service district is carrying out maintenance activities within its designated right-of-way, which may include resurfacing, milling, emergency replacement of signs critical for maintaining safety, or the reshaping of shoulder and ditches to the original road profile.

HISTORY: 2011 Act No. 48, SECTION 1, eff June 7, 2012.