Sec. 1. 23 MRSA §3360-A, sub-§1, śC, as amended by PL 1997, c. 631, §1, is further amended to read:

C. "Excavation" means any operation in which earth, rock or other material below the ground is moved or otherwise displaced, by means of power tools, power equipment or explosives and including grading, trenching, digging, ditching, drilling, augering, tunneling, scraping and cable or pipe driving, except tilling of soil and gardening or displacement of earth, rock or other material for agricultural purposes, and except installation and maintenance of signs performed by the Department of Transportation. "Excavation" does not include grading if grading is the only activity being conducted.

SUMMARY

This bill allows an excavator to grade the surface of a road or highway without having to get an excavation permit or comply with the dig safe law if grading is the only activity performed by the excavator.