Wheat Ridge City Council gave staff direction Monday to draft legislation to limit persistent utility markings on city streets and rights-of-way, after staff and councilors described a rise in permanent or unsightly paint marks tied to construction and utility work.

City staff member Greg Goff introduced the item, and project manager Kent explained that the city uses water-soluble paint for locates but that some contractors use longer-lasting marking materials that can remain visible for years. "They may come out and they do their pothole, and they're gone in half a day, but the marks remain for years," Kent said.

Councilors discussed several approaches under consideration in the staff memo: requiring water-soluble paint for locates in the public right-of-way, time limits for marking removal, and a cost-recovery option under which the city could charge contractors to remove markings that do not comply. Staff identified products used to remove permanent paint — discussed in the meeting as industrial solvents sometimes called by practitioners "elephant snot" and commercial washers (Hotsy) — but councilors expressed a preference for reducing the need for such chemicals by mandating water-soluble products when practical.

The item also covered how locates are initiated and regulated. Councilor Larson noted that calling 811 is required by state law before digging; staff confirmed that the 811 process triggers responses from utilities that may mark private property or rights-of-way, and that locate markings are distinct from other maintenance activities that utilities perform without an 811 ticket.

Councilors asked about enforcement and how the requirement would appear on right-of-way permits; staff said the city would put the requirement on permits and explore franchise-agreement responsibilities for entities such as Xcel Energy. Staff proposed that the ordinance be accompanied by outreach to utility providers, 811 stakeholders and contractors, and that the permit language reference any code or ordinance section created.

After discussion, Councilor Weaver asked for consensus to move the item forward to draft legislation. The mayor confirmed consensus to direct staff to prepare ordinance language; council did not take a formal recorded vote during the study session.

No fines or specific timelines were adopted at the meeting; staff will return with proposed ordinance language and proposed enforcement measures for council consideration.