4312. EXCAVATION INFRACTIONS

4312 EXCAVATION INFRACTIONS 4312.1 Violations of any of the following provisions shall be a Class 1 infraction: Excavating without a public space permit (24 DCMR § 101.1); Failure to complete restoration by permit expiration (24 DCMR § 3404.3); Trench length over one thousand two hundred (1,200) linear feet (24 DCMR § 3404.6); Non-compliance with a repair notice to make safe (24 DCMR § 3404.7); Non-compliance with a three (3)-day corrective repair notice (24 DCMR § 3404.8); Failure to notify the Director of an abandonment of underground facilities (24 DCMR § 3405.6); Cutting a curb or constructing a driveway without a public space permit (24 DCMR § 101.9); Failure to secure an excavation permit following an emergency excavation (24 DCMR § 3403.9); Improper trimming of a trench as required by § 202.03 of the Standard Specifications for Highways and Structures (24 DCMR § 3403.7); Installing a lay-by without a public space permit (24 DCMR § 1201.3(a)); Failure to obey a stop work order (24 DCMR § 3405.7); Failure to replace affected crosswalk or bicycle lane markings with temporary pavement markings within twenty-four (24) hours (24 DCMR § 3404.11); Failure to replace temporary crosswalk or bicycle lane markings with permanent markings immediately upon the completion of a permanent repair (24 DCMR § 3404.12); 4312.2 Violations of any of the following provisions shall be a Class 2 infraction: Failure to properly saw cut hard surfacing of roadway prior to excavation as required by § 202.03 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7); Failure to properly backfill and restore excavation in the roadway as required by § 203 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7); Failure to properly install or maintain a steel protective plate as required by § 612.19 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7); Paving or repaving a sidewalk without a public space permit (24 DCMR § 104.8); Changing the grade of the public parking without a public space permit (24 DCMR § 104.1); Failure to obtain authorization to cut tree roots larger than two (2) inches in diameter as required by § 207.03 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7); Trenching through tree roots as prohibited by § 207.03 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7); Failure to provide and maintain tree protection as required by § 608.07 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7); 4312.3 Violations of any of the following provisions shall be a Class 3 infraction: Excavating without providing proper public notice (24 DCMR § 3402.1); Failure to notify the Director of the commencement or completion of excavation (24 DCMR § 3403.4); Failure to comply with DDOT Standard Specifications for Highways and Structures not otherwise enumerated in this chapter (24 DCMR § 3404.7); Failure to comply with applicable laws, rules, and regulations not otherwise enumerated in this chapter (24 DCMR § 3403.8); Restoration without providing notice to the Director (24 DCMR § 3404.5); Unauthorized removal of a stop work order (24 DCMR § 3405.7); Failure to apply non-skid surface treatment to a steel protective plate placed in a crosswalk or designated bicycle path or placed at an intersection or within seventy-five (75) feet of a traffic signal, stop sign, or stop line, as required by § 612.19 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7); Improper site protection as required by § 604.05 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7); Violation of permit conditions (24 DCMR § 3403.10); Improper housekeeping as required by § 202 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7); Failure to properly backfill a tree space as required by § 203.03 of the Standard Specifications for Highways and Structures (24 DCMR § 101.7; 24 DCMR § 3403.7); 4312.4 [RESERVED] 4312.5 [RESERVED] SOURCE: Final Rulemaking published at 70 DCR 003090 (March 10, 2023). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4312