Burial of pipelines.

(A)Metallic and nonmetallic pipelines. Excluding all pipelines utilized in the actual drilling or operation of oil and/or natural gas well(s) and pipelines used to transport leasehold gas. No person may lay an oil and/or natural gas pipeline used in the producing of oil and/or natural gas wells that is constructed of metallic or nonmetallic materials unless such pipeline is buried at least twenty-four inches below the ground surface. The owner of such pipeline under this paragraph is exempt from the provisions of this paragraph if the owner finds that:#

(1)The land across which the pipeline is to be laid is not reasonably expected to be under cultivation; or#

(2)The pipeline can be buried with less than twenty-four inches of cover with minimal risk of safety or environmental damage; or#

(3)The topographical features or ground conditions prevent the efficient burial of pipelines; or#

(4)The terms of the oil and gas lease prohibit the burial of pipelines or permit surface installation.#

(B)Whenever a pipeline is laid in accordance with one or more of the above exemptions, the owner of such pipeline will file a statement with the chief of the division of oil and gas resources management identifying:#

(1)Owner's name and address,#

(2)The location of the pipeline, and#

(3)The exceptions justifying the construction.#