For an activity to be Routine Maintenance, the activity must be performed consistent with the requirements of Mississippi Code 77-13-3(i)(vi) and therefore should:
1. Be carried out by or for those responsible for publicly maintained roadways and rights-of-way; 2. Occur entirely within the public right of way; 3. Not penetrate the earth to a depth of more than 12 inches and, 4. Shall be carried out with reasonable care so as to protect any underground facilities placed in the right-of-way. 39 Miss. Code. R. 101-II-11.1
Miss. Code Ann. § 77-13-3(i)