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Island County approves limited variance letter for NTIA middle‑mile fiber after split discussion
Summary
After heated debate about precedent, the board directed staff to issue a letter granting a project‑specific variance on conduit burial depth for the NTIA middle‑mile fiber deployment; one commissioner voted no, citing lack of scientific justification and concerns about politicizing code enforcement.
Island County commissioners on April 6 voted to approve a staff letter directing the county engineer to allow a limited, project‑specific variance from a 30‑year county code that requires fiber optic burial at 42 inches, permitting conduit depths between 32 and 36 inches for the NTIA middle‑mile project awarded in 2023.
The county engineer explained the letter memorializes direction given at a March 18, 2026 work session and limits the variance to this single middle‑mile project on Whidbey Island. "This direction is strictly limited to granting a variance solely for the current infrastructure project known as the NTIA middle mile project awarded in 2023," the county engineer said during the presentation.
Commissioners split sharply over the policy and precedent. Commissioner Johnson said he had not seen a board‑directed variance before and raised concerns that the action ran contrary to the county engineer's and legal department's recommendations. "I am very uncomfortable with an action that is out of alignment... that is against legal advice," Johnson said, adding he would vote no.
Commissioner St. Clair defended the decision as practical and rooted in outreach to other counties and industry groups. "I have had the opportunity to work with Fiber Broadband Association and look at the research... the 1992 code doesn't stand up to current standards," St. Clair said, arguing the variance was intended to help complete an $11 million infrastructure investment.
Commissioner Johnson repeatedly asked whether topographical or technical obstacles made compliance with the 42‑inch requirement impossible; staff responded that, apart from localized rock conditions, depths could generally be achieved. The county engineer said past project‑level letters and Public Works approvals had resulted in some pipelines being installed at 30 inches and that staff had stopped that practice when the engineer refused to continue allowing unilateral deviations from the code.
Despite objections, the motion to approve the letter — described in the record as limited to the current NTIA middle‑mile project and not a change to county code — passed with a majority; one commissioner recorded a dissenting vote. The letter requires the county engineer to authorize conduit placement between 32 and 36 inches for county assets within the project's area, effective March 18, 2026.
The board directed public works to review the county code as part of the 2027 docket to determine whether the code depth standard should be updated to reflect current best practices.
The decision was procedural and limited in scope but raised questions among commissioners and members of the public about precedent and transparency in granting variances.
