(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 shall 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 shall be exempt from such burial requirements if he 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 shall file a statement with the chief of the Division of Mineral Resources Management identifying:
(1) Owner's name and address,
(2) The location of the pipeline, and
(3) The exceptions justifying the construction.