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Commission debates allowing buildings in public utility easements, tables amendment for legal cleanup
Summary
Members traded competing views on whether to allow accessory buildings in public utility easements (PUEs) — a staff proposal would permit building where no utilities exist but shift risk to property owners; an alternative would require an amended plat to remove the PUE. The commission directed the town attorney to revise the language and tabled the item.
The Genola Planning Commission devoted substantial discussion on Sept. 4 to proposed amendments that would change how accessory buildings are treated in public utility easements (PUEs).
One option presented by a commissioner (referred to as “Mike’s bullet points” in the meeting) would permit accessory buildings to be constructed within a PUE when no active utility facilities exist there, but would require property owners to assume the risk of loss or damage from future utility exercise. Commissioners debated that approach against the alternative of requiring an amended plat to remove the PUE before permanent structures are allowed.
Speakers referenced state law and a Ninth Circuit opinion (noted as recent in November 2024) discussing property and permitting rights; staff cautioned that although state law generally assigns risk to property owners, codified town language could alter exposure to lawsuits and insurance claims. Commissioners worried about both protecting private property rights and avoiding costly litigation or insurance exposures for the town.
The commission voted to table the amendment and instructed the town attorney to prepare revised language that includes both options (the bullet‑point risk approach and the plat amendment alternative), to clean up a paragraph that contradicted the additions, and to consult with the town council before returning the item to the commission.
Next steps: staff and town attorney will prepare redlines reflecting the commission’s direction, compare with state precedent and insurance coverage, and return with options for the commission and the town council to consider.
