Commissioners pull right-of-way ordinance back for more drafting after farm groups raise concerns

Delaware County commissioners voted on March 2 to remove a proposed right-of-way ordinance amendment from the table and continue working on its language after receiving input from community groups and outside counsel.

At the meeting, a commissioner noted the Farm Bureau planned to meet and submit proposed language and that the Farm Bureau had retained legal counsel to provide an opinion. The commissioner said the intent of the amendment is to address “subcontractors of major utilities that aren't behaving well,” and added, “This right of way ordinance amendment is not targeted at farmers, but I think it's okay to clarify it.” (Committee member)

Another commissioner warned of recent litigation in other counties tied to fiber-optic access and suggested caution before adopting broad language. Legal/process guidance was also raised: one participant advised that ordinances have first and second readings and that the board could keep the measure on the agenda at second reading until an adoption decision is reached.

The board agreed to move the ordinance to the second-reading track rather than letting it languish in tabled business, giving staff time to vet proposed language, consider a narrowly tailored agricultural exemption for routine farm activities near rights-of-way, and consult with counsel about legal risks raised by examples in Adams and Madison counties.

The action is procedural; no final adoption or numeric thresholds were set. Commissioners said they expect to review draft language again after receiving the Farm Bureau's suggested revisions and legal input.