9. Billings County shall not be liable for damage to said facilities resulting from reconstruction or maintenance of
the right-of-way. Applicant and/or its successors shall hold the County harmless for injury to persons or damage
to property resulting from the location of said facilities on county right-of-way. Applicant and/or its successors
are responsible for any and all claims of damage, personal injury, or bodily injury that might result from their
activities in crossing any existing road or section line in Billings County. Furthermore, the applicant and/or its
successors agree to indemnify and hold harmless Billings County for any and all claims of damage, either
personal injury or property or any type of claim for damages of any nature whatsoever, whether valid or invalid,
that is made against Billings County on account of the activities conducted by the applying company and/or its
successors in crossing any existing road or section line.
10. Applicant and/or its successors shall promptly remove said facilities from county right-of-way or shall relocate or
adjust said facility, at its sole cost and expense when requested to do so by the County. When the applying
company and/or its successors uses an existing road or section line easement, the applying company shall be
responsible to pay for all costs of moving, relocating, or reconstructing the facility, should Billings County deem
it necessary or advisable, in its sole discretion, to repair or reconstruct existing roads or to build new roads on
section lines or off section lines as allowed by North Dakota State law. Should the applicant and/or its successors
fail to take necessary steps to relocate, or reconstruct its facility, the county may take steps to have the same
accomplished, and the applying company agrees to reimburse the county for all expenses incurred by Billings
County in moving, relocating or reconstruction of the facility so the existing roads may be repaired or
reconstructed, or new roads may be built on the section line or off the section line as allowed by North Dakota
law.
11. If at any time Billings County wants to excavate in this area and if it should require the said facility to be moved,
it will be at the expense of the applying company and/or its successors.
12. Applicant and/or its successors shall repair or replace highway structures and appurtenances, and any existing
facilities located on, over or under highway right-of-way, which may be damaged as a result of the installation
and maintenance of said facilities on highway right-of-way, including but not limited to slumping in of trenches,
collapse of pipe, etc.
13. A GPS’d drawing of proposed location must be placed on file with Billing County Auditor and must show at a
minimum the location of the proposed facility from a section or quarter line, section, township and range where
the said facility will be placed.
14. During construction or when encroaching upon a public roadway the applicant is required to provide proper
signage such as “Roadwork Ahead or Equipment Working.”
15. All permits are valid for one year upon approval by the County Commissioners
Applicant (Representative, Company)______________________________________________________
Applicant Address (Address, City, State, Zip)_______________________________________________
Phone Number(s) of Applicant ________________________________ Fax ______________________
Email _______________________________________________________________________________
AUTHORIZED SIGNATURE _______________________________ TITLE _____________________
**Before Commencement of construction, the applicant must meet with the road superintendent
