County delays changes to right‑of‑way utility permitting after co-op concerns
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Summary
Pennington County deferred changes to a right‑of‑way ordinance (Ordinance 11) after West River Electric and others raised concerns that new permit and subcontractor language could create reliability or emergency-response problems; commissioners asked staff and utilities to meet and the board continued the item to the second meeting in January.
At the first reading of Ordinance 11 — a revision to the county’s rules for installation, relocation and ground‑disturbing activities in county rights of way — commissioners heard detailed staff explanation and objections from rural electric partners.
Joe Miller, Pennington County Highway Department, said the update clarifies that any ground‑disturbing activity in the right of way will require a permit and tightens specifications so county ditches and drainage are restored "in as good condition or better." Tyler Sobczak from the state’s attorney’s office said the ordinance also clarifies subcontractor responsibilities and exempts federal/state/local governments and franchise agreement holders.
Robert Raker, CEO of West River Electric, told the panel, “We fully support the coordination and working with the counties... But this ordinance, it goes beyond coordination. In our opinion, it creates significant unintended consequences when it comes to reliability, emergency response, and just our day‑to‑day operations.” Raker asked for more collaborative drafting with highway staff and attorneys.
Highway staff and the state’s attorney described the practical problem that previously the county had limited remedies against contractors who did not meet cleanup and construction specifications, and said the changes were aimed at giving the county clearer permit authority and the ability to hold subcontractors to the same standards as franchisees. Staff also noted existing franchise agreements with West River Electric and Black Hills Electric Co‑op and sought to make the ordinance consistent with those contracts.
To allow time for additional coordination, the board agreed to call a meeting with the affected utilities, highway staff and attorneys over the holidays and continue the ordinance’s hearing to the second meeting in January so staff can present redlined language and any agreed changes.
Next steps: county staff will convene utility and franchise holder representatives for a detailed review, produce a redlined ordinance showing proposed edits, and return to the board in January.