KRS 367.4915: Activities exempt from KRS 367.4905 to 367.4917.

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.