Delaware Code Title 26 Sec. 808 – Exemptions
Current as of: 2023 | Check for updates
|
Other versions
No penalties provided for in § 810 of this title shall apply to any excavation or demolition done by the owner of a private residence when such excavation or demolition is made entirely on the land on which the private residence is situated and provided there is no encroachment on any operator‘s rights-of-way or easement. However, this exemption shall have no effect on the civil liability of such private residence owner pursuant to § 811 of this title.
Terms Used In Delaware Code Title 26 Sec. 808
- excavation: shall mean any operation in which earth, rock or other material in the ground is moved, removed or otherwise displaced or disturbed by means of any tools, equipment or explosives and includes, without limitation, grading, trenching, digging, dredging, ditching, drilling, augering, tunnelling, boring, backfilling, post pounding, driving objects into the ground, installation of form pins, hammering, scraping, cable or pipe plowing or driving, but does not include the surface cultivation of the soil for agricultural purposes, such as tilling, or patch-type paving where the same, including cutback, does not exceed 12 inches in depth measured from the surface of the pavement being patched. See Delaware Code Title 26 Sec. 802
- Operator: shall mean any person who furnishes or transports materials or services by means of a utility line. See Delaware Code Title 26 Sec. 802