North Carolina's Digging Laws: Are Residents Getting the Protection We Need?

After researching the fiber construction problems affecting our communities, I reviewed two important pieces of North Carolina law. They help explain how underground construction is regulated and why towns say their authority is limited.

HOUSE BILL 247: UNDERGROUND SAFETY REVISIONS

Governor Josh Stein signed HB 247 on June 26, 2025. It took effect October 1, 2025.

The recorded votes were:

• 111–0 in the House on March 26, 2025.

• 46–0 in the Senate on June 17, 2025.

• 111–0 when the House agreed to the Senate’s changes on June 18, 2025.

No participating lawmaker voted against it in those recorded votes. Some members were absent or did not vote. “Concur” means the House agreed to the Senate’s revised version.

The law updates utility-marking deadlines, excavation notice requirements, and damage-prevention procedures. Excavation notices now remain valid for 28 calendar days after the work start date. These are notices through the utility notification system, not advance notices to homeowners.

It also provides conditional liability protections when a utility operator fails to respond or properly mark its lines. Those protections depend on due care and other requirements. They are not blanket immunity for careless digging or every type of property damage.

G.S. 160A-296.1: WHY LOCAL AUTHORITY IS LIMITED

This statute generally requires cities to approve or deny broadband permit applications in their rights-of-way within 30 days. If no written decision is issued within that period, the application is deemed approved.

Cities can establish reasonable installation guidelines to protect public use of streets, require prompt damage repairs, and require evidence of financial responsibility or adequate insurance. But the statute also prohibits additional conditions beyond those it lists. Towns have some authority, but state law restricts what they can require.

WHAT DOES THIS SAY ABOUT OUR LAWMAKERS?

The votes alone do not tell us whether lawmakers favor residents or companies. They show support for that particular bill.

But the legal framework raises a serious question: Have North Carolina’s laws done more to speed up broadband construction than to protect the residents affected by it?

That is the concern we want lawmakers to address. Residents are reporting property damage, outages, and safety hazards. We need protections that work in practice.

WHAT UCFAC WANTS TO CHANGE

We want advance notice, clear restoration deadlines, safer construction, and more authority for towns to address problems.

We also want meaningful consequences for negligence, failure to act on reported hazards, and failure to repair damage. A slap on the wrist is not enough when residents’ safety, homes, and essential services are put at risk.

Providers and subcontractors should have clear responsibilities. Residents should not be left chasing answers while companies shift blame.

We’re asking our state representatives and senators to strengthen resident protections and amend G.S. 160A-296.1 so towns can do more to protect their communities.

Will lawmakers support stronger oversight and meaningful accountability? Their response to these requests will tell us much more about where they stand.

Please document incidents, sign our petition, and share it with other North Carolina neighborhoods. Let’s bring lawmakers specific evidence and specific requests for change.

Report an incident: https://www.ucfac.com/report-an-incident

HB 247 and voting history: https://www.ncleg.gov/BillLookUp/2025/H247

G.S. 160A-296.1: https://www.ncleg.gov/.../Chapter_160A/GS_160A-296.1.html

Sign and share the petition: https://c.org/7wjYWG2qQ9