Cowlitz County adopts tighter rules for utilities in road rights‑of‑way

Cowlitz County commissioners on Tuesday adopted an update to county code 12.21 that expands the county’s authority to regulate utility facilities in road rights‑of‑way, impose financial consequences for delays to public projects, and require utilities to provide more complete location and deactivation information.

The change, presented by County Engineer Susan Eugene, tightens existing franchise and right‑of‑way requirements and adds new sections including a variance request process, a police‑power section, expanded relocation/removal language (notably section 12.21.140), a process for requesting an in‑work window instead of relocating before a county project, and a deactivation notification requirement for inactive facilities.

“The code now requires utilities to locate both horizontally and vertically their active and inactive facilities when the county is doing design and construction work,” Eugene said, describing how the county will use that information to reduce delays and better protect public safety. She said the update also gives public works the option to leave, remove or take ownership of deactivated facilities when appropriate.

Douglas Jensen, chief civil deputy prosecutor, framed the change as a lawful exercise of the county’s stewardship of rights‑of‑way. “This comports with Washington law,” Jensen said, citing the county’s duty to preserve travel on right‑of‑ways and protect public safety. Jensen said the revisions mirror actions by neighboring counties and provide the county with enforcement options for occupants who refuse to cooperate.

The ordinance adds explicit consequences when utilities’ actions delay county projects. Jensen told the commissioners the county previously absorbed costs when relocations and removals held up construction; the revised code allows the county to recover contractor delay claims and withhold future permits from parties that fail to pay. “There were recent road projects with delays costing the public a quarter of $1,000,000 in delays,” Jensen said.

Under the new language, utilities may request a relocation or temporary work window to be written into a county project schedule; if they miss that window, the code sets out remedies including billing for contractor time and denying future permits for nonpayment. The code also adds a procedure for utilities to request variances and clarifies how the county will handle vertical location information and inactive facilities.

The board opened the matter for public comment and heard none. Commissioner S7 moved to adopt the ordinance; the board approved it on a voice vote.

The ordinance’s supporters said the changes are intended to reduce costly project delays and align county standards with state law and local practice; opponents did not appear at the hearing. The code amendment takes effect as provided in county ordinance rules; the county attorney’s office will oversee implementation and enforcement questions as projects proceed.