A. A right-of-way use permit may not be required of utilities or franchised utilities when responding to emergencies that require work in the right-of-way, such as water or sewer main breaks, gas leaks, downed power lines or similar emergencies; provided, that the department shall be notified by the responding utility or city contractor verbally or in writing as soon as practicable following onset of an emergency. Nothing herein shall relieve a responding utility or city contractor from the requirement to apply for a right-of-way use permit within forty-eight hours after beginning emergency work in the right-of-way and comply with the requirements of the chapter.

B. The city shall determine whether a permit shall be required for routine maintenance and construction work performed by city utilities and city maintenance crews.