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Anderson County to pursue utility right-of-way regulations after rural water provider reports damaged mains
Summary
After testimony from a local water-system operator who said outside contractors have begun work before line locates were completed, Anderson County commissioners voted to pursue county utility right-of-way regulations and to ask the county district attorney to review drafting options before engaging outside counsel.
Tony McCarty, who identified himself as representing Nature's Water Supply, told the Anderson County Commissioners Court that outside contractors installing fiber and other utilities have repeatedly begun work before rural water systems receive line locates, leaving small water systems vulnerable to broken mains and extended boil-water notices.
"They hit one of our water lines and fixed it and never called and told anybody," McCarty said, describing a recent overnight incident. He proposed regulations that would require contractors to delay work until all utilities have responded to locates, limit permitted work hours (Monday–Thursday 8 a.m.–5 p.m., Friday 8 a.m.–noon) and prohibit weekends and federal-holiday work except for life-dependent utilities such as electric, water and gas.
County leaders said they want legal guidance before adopting any rules. Commissioner Wilbanks moved that the court proceed to develop county utility right-of-way regulations and first ask County District Attorney Allison Mitchell to prepare draft language; if the DA cannot, the court directed staff to engage outside counsel (Lisonbee Bassett McGee) to assist. Commissioner Hill seconded the motion and the court approved it by voice vote.
Supporters said regulations could make contractors more accountable and reduce emergency repair costs for small water systems. McCarty said the change would shorten boil-water notices after line strikes by allowing water systems time to collect samples and restore service within 24 hours instead of multiple days.
Court members cautioned the county may face legal limitations where municipalities or state law preempt county action; staff and county counsel will review comparable county examples and advise the court on enforceable options. Commissioners also discussed a low-cost permitting alternative but noted permits require county administration and staffing to implement.
Next steps: staff will consult the county district attorney and gather example regulations from peer counties; the court authorized further legal work and directed staff to return with draft language or a recommendation on outside counsel.
