Court denies San Bernard variance request to waive right-of-way restoration bond

Waller County Commissioners Court on Sept. 3 rejected a variance request from San Bernard Electric Cooperative to waive the county's requirement that utility companies post a right-of-way restoration bond and provide certificates of insurance for work in county roadways.

County engineering staff told the court the restoration bond was added to utility permitting to ensure companies return the right-of-way to original or better condition and to enforce traffic-control commitments. The county engineer presented a variance request submitted on San Bernard's behalf but recommended denying it because granting the exemption could set a precedent and weaken enforcement of the standard.

Commissioners and staff emphasized subcontractor responsibility as a core concern: county officials said many problems in rights-of-way stemmed from out-of-area subcontractors hired by broadband and utility companies, including directional-drilling damage and machinery tearing pavement. Several commissioners noted San Bernard had been a reliable local partner but said making an exception for a single company could lead to inconsistent enforcement.

The court discussed possible flexibility for utilities to buy an annual bond that would cover multiple projects rather than requiring separate bonds for each job; staff confirmed a single bond covering a year of projects is an option.

Outcome: The court voted not to approve the variance request; the motion to grant the waiver failed. Staff said the restoration bond remains a permit condition for utility work in county rights-of-way.

Ending: County staff will continue permitting under the current bond and insurance rules and advised utilities they could pursue a single annual bond to cover multiple projects if desired.