Edmonds advances broad rewrite of right-of-way rules as utilities push back on technical standards

Edmonds City Council staff held a public hearing Aug. 12 on a comprehensive update to Title 18 of the Edmonds Community Development Code intended to clarify rights-of-way permitting, franchise rules and enforcement. The proposal would require permits for most work in the public right of way, create a new franchise code section, expand enforcement tools and penalties, and increase the city’s ability to require undergrounding of utilities in specified redevelopment scenarios.

City public works leaders said the rewrite is meant to give predictability to residents and utilities while protecting public safety and city-managed pavement. “We want to enhance the City’s ability to effectively manage the right of way in the public interest,” Acting Public Works Director Phil Williams said during the presentation.

Why it matters: The code change would affect how large and small utilities, telecom providers and contractors do routine and capital work in Edmonds’ streets and easements. It also introduces new timelines for franchise negotiations, an 18-month negotiation window (with director extensions), a formal mediation step, and stronger penalties where repeated noncompliance poses safety risks.

What staff proposed: Jeanne McConnell, who led much of the presentation, said the draft packages several changes: a clarified right-of-way permit requirement for all work in city ROW; timelines for emergency reinstatement applications with allowances for extenuating circumstances; pavement-cut restrictions and higher fees for cuts into overlayed streets in a multi-year protection window; a multicategory franchise section codifying the expectation that permittees hold franchises; and a utility-wire-and-pole section that favors undergrounding “wherever possible” and seeks to avoid replacing or adding new poles without engineering need.

Utility and industry comment: Representatives of major carriers urged the city to preserve technical feasibility for wireless and fiber deployments. Leila Vaga of the Wireless Policy Group, speaking on behalf of Verizon, said concealment standards for antennas had been addressed but pressed the city to exempt or phase standards that would require removal of multiple conduit risers on existing wood poles. “As currently drafted, the standard would require that by Jan. 1, 2026 any poles that have three or more risers greater than two inches be removed,” she said and asked for wireless-specific carve-outs so existing sites can continue to operate.

AT&T’s representative, Meredith Pabst, likewise requested clearer grandfathering for legally nonconforming wireless sites, saying several of AT&T’s sites rely on “snowpud” poles and currently exceed allowed riser counts. She urged explicit recognition that existing wireless facilities be treated as legally nonconforming and protected from immediate code-triggered removal.

Resident concerns and lighting: Several Edmonds residents addressed the hearing on related topics. Nora Carlson described a new homeowner-ordered pole-mounted bright security light that she said faces residences and wildlife habitat gardens; she said the PUD told her pole lights are a homeowner right and that PUD would only add a limited shield. Laura Hein, a resident, urged that utility-installed lights comply with existing city lighting and tree-protection rules to reduce glare and impacts to vegetation and wildlife.

Code mechanics and flexibilities: The draft includes a new “hollow core” standard and a regulatory-variance process where cost or technological impracticability can be considered; it also preserves a path for annual “blanket” permits for repetitive aerial maintenance. The proposed franchise timeframes were extended from six to 18 months after utility feedback; a mediator clause was added for negotiations that fail within the negotiation window. The draft also attaches higher monetary penalties into enforcement chapters 18 and 21, with the right-of-way chapter carrying the stiffer penalties because of public-safety stakes.

Where it goes next: The hearing closed after public comment. Staff said the draft remains open to input from utilities and residents, with city attorneys and staff continuing dialogue; the package is scheduled to return to council for possible adoption on Sept. 23. No final council action on the Title 18 rewrite was taken on Aug. 12.

Details and limits: The article reports statements made at the public hearing and staff presentation. Specific deadlines, the final text of any ordinance, and any later negotiated exemptions or technical edits will be set only in the ordinance that the council votes on; staff said changes could still be made before the Sept. 23 return.