Accomodation of Utilities Policy
Suggested Procedures and Other Issues

County Road Administration Board (CRAB)

Receiving the model policy is only one small step in the process of updating (or creating) your county's formal 'accommodation of utilities on county road right of way' policy. The basic requirements and timetables are included in your Standards of Good Practice manual, WAC 136-40.

In most cases, you already have such a policy. It may be in the form of a county ordinance or resolution, or just an internal public works procedural guide. It may be current or quite out of date. Hopefully, your staff is following it.

A first step sould be to examine your current practices in light of the contents of the model policy. Read the model policy closely to see what it does and does not address! Items, concerns or procedures which need to be updated should be identified and remedies drafted into a first-cut policy. Because the final policy must be formally adopted by your legislative authority (typically requiring public hearings), it would be wise to sit down with a group of interested utilities and arrive at a practical consensus as soon as possible.

It would also be appropriate to involve your legal counsel throughout the development and adoption process.

If you choose to use the model policy as a new point of beginning, you should be aware that there are some issues that are not addressed. If they are important to your county, you must develop the additional text (or modify existing) and add it into the model policy. Such issues included (but are not limited to):

1. You must develop your own permit (and other, as desired) forms and there must be some form of written permit process for other than exempted work.

2. The issue of permit fees is not discussed at all. If you charge fees, it must be an add-on to the model policy.

3. There are normally certain levels of work (typically routine maintenance) performed by your franchised utilities for which you do not require a written permit. Such exemptions, and the methods for handling them if necessary, should be clearly spelled out in your policy.

4. The issue of how long in advance of the work an applicant must submit a permit application is not addressed. You should consider specifying a reasonable permit review time before the permit is issued.

5. If there are other county standards or requirements that are applicable to utility accommodation, they should be reviewed and either referenced or incorporated into your final policy. Often such things as plat road standards may contain utility-related locational requirements.

6. There are no provisions concerning penalties or sanctions for non-compliance with the policy.

7. There are no provisions for liability insurance, use of licensed sub-contractors, or third party damage indemnification. If these are important issue to you, suitable language must be added.

8. Other than referencing industry and state minimum standards, there are no depth of cover requirements.

9. Specific requirements for trench backfilling and pavement surface restoration are not included. If you have specific requirements that you insist be followed, they must be added in.

10. Fiber-optic lines are not treated differently than other buried lines. We are not convinced that they need special treatment (depth, protection or marking) but that is something that you need to work out with your telecommunication utility.

11. Overhead line clearances are only required to meet NEC and L&I minimums. This can be a low as 18 feet in many instances. You should examine the L&I electrical construction code to see if you can live with their minimums.

12. Only chemical weed and brush control in 'scenic areas' is addressed in the model policy. The definition and designation of 'scenic areas' should be clarified; if you desire a more comprehensive chemical use control, this section may need to be amended.

We would like to stress that just adopting the model policy is not sufficient to insure that you end up with an effective process. A major purpose for adopting a comprehensive utility accommodation process is to confront and deal with the issues of county road management, and the rights and responsibilities of the utilities that desire to use the common right of way. Don't do it 'in the dark'; sit down with all interested parties and reach a consensus that really is in the overall best public interest.