County withdraws permit, halts private fiber work while easement rights are researched

Adams County commissioners told a private company to stop work on a fiber line that crossed county roads and withdrew the county permit while staff investigate whether the county has the easement authority to allow the installation. County officials said the contractor will need to determine whether it will proceed by working with individual landowners and that the county is not acting as an intermediary between the company and private property owners.

“We told them to stop,” a county staff member said during the meeting when asked about the status of the project. Meeting participants described the action as a withdrawal of the county-issued permit and said the firm has been informed that any future work will depend on how the company chooses to proceed.

Several members of the public asked about notification and future status. Steve Miller, a Winchester property owner who spoke during public comment, asked whether property owners would be notified if the permit status changed and whether the company would contact owners individually. County staff said the project is currently stopped and that future contact would be between the company and property owners if the company elects to pursue private easements.

County staff and the sheriff described two distinct issues behind the decision: (1) the legal status of the county right-of-way on the stretch of Winchester Road involved, including a historical determination dating to the 1800s; and (2) whether the specific private line constitutes a public utility the county should allow in its right-of-way, or whether it is a private, profit-driven line that would not serve local customers. Staff said the county’s review of handwritten historical road records is ongoing and that there is no deadline for completing that research.

Officials acknowledged this situation raises questions about how the county should treat private lines that traverse county roads versus utilities that serve county residents. The sheriff requested a more formal process for permitting use of courthouse grounds and county property, and the commissioners said they would prepare clearer procedures and ask the county attorney to draft guidance where appropriate.

No new permit was issued at the meeting; staff said the firm would need to decide whether to obtain individual landowner agreements or to propose an alternative route and then return to the county for permission if necessary. County staff said they will continue to research the historic right-of-way documentation and will not reissue the permit until the legal status is clarified.