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Drainage board adopts six-month permit-fee moratorium for legacy utility lines conditioned on filing permits
Summary
To address unpermitted legacy utility installations, the board approved a six-month moratorium on permit fees for existing utility lines if the utility files a valid permit and identifies line locations; the board will notify utilities by certified mail and noncompliance may be deemed a violation and risk removal.
The Hamilton County Drainage Board on Feb. 23 approved a six-month moratorium on permit fees for older, previously installed utility lines provided utilities file a valid permit and identify the location of their lines.
Vice President Christine Altman led the motion after discussing longstanding difficulties identifying unpermitted utilities in rights-of-way, pointing to rapid utility installations by companies such as Metronet in recent years. "If they’re in there and it’s not identified to us, it doesn’t exist as far as I’m concerned," Altman said, arguing utilities should be put on notice to verify permits and map their lines.
Board attorney Michael Howard and Attorney Conner Sullivan discussed legal risks if the county imposed additional costs retroactively; the compromise approved by the board waives permit fees for a six-month period for old lines so long as a valid permit is filed and location information provided. The board directed that utilities be notified by certified mail of this opportunity and warned that failure to comply will be deemed a violation and could risk removal.
Altman moved that for a period of six months the county provide a moratorium on permit fees for old lines provided the utility files a valid permit and identifies location of lines, and that the county notify utilities by certified mail; Dillinger seconded. The motion carried unanimously.
Board staff and attorneys said implementation will include a database update to record filings and notification to utilities; Howard said the office will make a memo on pending utility non-enforcements and will note the fee-waiver requirement and risk notices.
