It is recommended that real estate, construction, political and temporary signs should not be placed in a property owners designated utility easement without first contacting 811 to have the underground utility lines located. 87-124 (1) (2)
The NC Underground Utility Safety and Damage Prevention Act exempts homeowners from requiring notice when an excavation or demolition performed by the owner of a single-family residential property on his or her own land that encroaches on any operator’s right-of-way, easement, or permitted use that is performed with non-mechanized equipment.
When intending to dig a post hole for a yard sign, it is recommended to call “811” and schedule a utility locate at least 3 working days prior to digging the post hole. It has been our experience that most homeowners are not aware of easement locations on their property. It is always a best practice to contact 811 prior to excavation of any kind to avoid utility damage.
If a professional contractor is performing the installation of a sign, they are not exempt under the 87-124 (1) (2) as this exemption only applies to the homeowner and the contractor is required to make notice of excavation.
If a contractor fails to comply with the state statute and an underground utility is damaged, the excavator digging is liable for repair of the damage and a possible civil penalty depending on the nature of the utility that is damaged.
The North Carolina Underground Utility Safety and Damage Prevention Act
87-117 (9)
Excavate or excavation. – An operation for the purpose of the movement or removal of earth, rock, or other materials in or on the ground by use of manual or mechanized equipment or by discharge of explosives, including, but not limited to, auguring, backfilling, boring, digging, ditching, drilling, directional drilling, driving, grading, horizontal directional drilling, well drilling, plowing-in, pounding, pulling-in, ripping, scraping, trenching, and tunneling.
87-124
(1) An excavation or demolition performed by the owner of a single-family residential property on his or her own land that does not encroach on any operator’s right-of-way, easement, or permitted use.
(2) An excavation or demolition performed by the owner of a single-family residential property on his or her own land that encroaches on any operator’s right-of-way, easement, or permitted use that is performed with nonmechanized equipment.
* Before installation of any signs be sure to check your local ordinance.