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Resident questions Zayo fiber work on Winchester Road; county attorney to review easement rights

3441596 · May 21, 2025
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Summary

A Winchester Road resident raised legal concerns about Zayo Communications’ permit to place fiber in the county right‑of‑way; county staff said utility easements generally allow such installations and referred the resident to the county attorney for specifics.

A resident raised questions about the legality of Zayo Communications’ permit to install fiber along Winchester Road, prompting county staff to explain the county’s permitting process and utility‑easement rules.

Staff described the typical process: utility companies apply for a permit, county staff review and present to commissioners, and the county issues permission if no obvious issues are found. The resident said he was concerned about whether companies can use the right‑of‑way and about damage to farm tile caused by trenching contractors. Staff and the county attorney said they would follow up with the resident.

County attorney Mark Clayton said county road right‑of‑way typically covers 40 feet (20 feet from the center line) per the applicable statute mentioned at the meeting, and that utilities commonly use that easement. Staff and the attorney noted recurring concerns about contractors trenching without proper care and earlier examples where utility installations damaged tile or other features; staff said tracking and enforcement can be difficult when subcontractors are not local or cannot be located after installation.

Why it matters: utility installations in the public right‑of‑way affect property owners adjacent to the road and can damage subsurface infrastructure; clarity about legal rights, permit conditions and contractor responsibilities helps reduce future disputes.

Details: staff said the county will provide the resident’s contact information to the county attorney to follow up. Commissioners discussed that easement breadth varies by road and that older state roads sometimes have wider rights‑of‑way.

Next steps: county attorney will contact the resident and continue to advise on permit conditions and any required remediation if damage is confirmed.