(a) Unless specifically exempted in this subpart, all pipe must be buried so that it is below the level of cultivation. Except as provided in paragraph (b) of this section, the pipe must be installed so that the cover between the top of the pipe and the ground level, road bed, river bottom, or underwater natural bottom (as determined by recognized and generally accepted practices), as applicable, complies with the following table:
| Location | Cover inches (millimeters) |
|---|
For normal
excavation | For rock
excavation 1 |
|---|
| Industrial, commercial, and residential areas | 36 (914) | 30 (762) |
| Crossing of inland bodies of water with a width of at least 100 feet (30.5 meters) from high water mark to high water mark | 48 (1219) | 18 (457) |
| Drainage ditches at public roads and railroads | 36 (914) | 36 (914) |
| Deepwater port safety zones | 48 (1219) | 24 (610) |
| Gulf of America and its inlets in waters less than 15 feet (4.6 meters) deep as measured from mean low water | 36 (914) | 18 (457) |
| Other offshore areas under water less than 12 ft (3.7 meters) deep as measured from mean low water | 36 (914) | 18 (457) |
| Any other area | 30 (762) | 18 (457)
|
| 1 Rock excavation is any excavation that requires blasting or removal by equivalent means. |
(b) Except for the Gulf of America and its inlets in waters less than 15 feet (4.6 meters) deep, less cover than the minimum required by paragraph (a) of this section and § 195.210 may be used if—
(1) It is impracticable to comply with the minimum cover requirements; and
(2) Additional protection is provided that is equivalent to the minimum required cover.
[Amdt. 195-22, 46 FR 38360, July 27, 1981; 47 FR 32721, July 29, 1982, as amended by Amdt. 195-52, 59 FR 33397, June 28, 1994; 59 FR 36256, July 15, 1994; Amdt. 195-63, 63 FR 37506, July 13, 1998; Amdt. 195-95, 69 FR 48407, Aug. 10, 2004; Amdt. 195-101, 82 FR 7999, Jan. 23, 2017; Amdt. 195-108, 90 FR 21436, May 20, 2025]
Notes of Decisions
Colonial Pipeline Co. v. State Dep't of Assessments & Taxation, 806 A.2d 648 (Md. 2002).
“Transportation of Hazardous Liquids by Pipeline, 49 C.F.R. § 195.248 (1998), which applies to Colonial's business, provides: (a) Unless specifically exempted in this subpart, all pipe must be buried so that it is below the level of cultivation.”
Mobil Pipe Line Co. v. Commonwealth, Dep't of Env't Resources, 435 A.2d 934 (Pa. Commw. Ct. 1981).
· cites it 2× “H Mobil argues that the EHB erroneously concluded that it failed to comply with United States Department of Transportation regulations governing the transportation of liquids by pipeline, found at 49 C.F.R. §195.248 (1975), pertaining to pipeline depth, 49 C.”
Sunoco Pipeline, L.P. v. PUC (Pa. Commw. Ct. 2023).
“49 C.F.R. §195.248 (a). 8 which directed Sunoco to cover exposed pipelines at 43 locations across the state, one of which involved the transport of HVLs.”
Suncor Energy (U.S.A.) Pipeline Co. v. Saddle Ridge, LLC, 368 F. App'x 897 (10th Cir. 2010).
“49 C.F.R. § 195.248 . Thus, regrading would violate federal regulations in contravention of the Agreement’s mandate that the easement not be used in a manner that violates “any applicable laws, rules or regulations.”
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