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Bracken County Fiscal Court tables update to encroachment permit ordinance after utilities raise concerns
Summary
Magistrates reviewed an amendment to Ordinance 15‑05 to formalize documentation when utilities work under or affect county roads. Bracken County officials agreed to invite cities and public utilities for further discussion and tabled the first reading pending those meetings.
Bracken County Fiscal Court on Sept. 24 discussed a proposed amendment to Ordinance 15‑05 that would require parties to submit encroachment permits for work that could affect county roads. The court’s chair said the change is intended primarily as “a matter of letting the county know when you run the line and where you’re doing it” and to create a written file of work performed, not to impose new fees or engineering requirements on routine repairs.
The proposal drew objections from at least one utilities representative who relayed a text from Derek Bach of the water department arguing the ordinance duplicates or conflicts with state regulation and Public Service Commission authority. As presented to the court, the concerns were that the county requirement could delay PSC‑regulated utilities and impose additional paperwork and cost on small water districts.
Court members discussed the practical distinctions the draft ordinance already includes — routine small repairs would require a single, no‑cost informational page, while larger engineering projects would be handled with maps and review — and recounted past incidents where crews buried lines or left sites in disrepair. One magistrate said the intent is “paper trail” protection for county projects and public safety.
After debate, magistrates agreed to invite city and public‑utility representatives to the next meeting to discuss practical coordination and statutory questions before proceeding with a formal first reading. The chair said corrections discussed in the meeting would be added and that changes can still be made between first and second reading. No final reading or ordinance adoption occurred; the matter was tabled to permit stakeholder meetings and additional drafting.
Next steps: staff will circulate the corrected draft, and the court will hear invited utility and city representatives at the next meeting before scheduling a first reading of the ordinance.
