Cowlitz County updates utility-installation rules to curb project delays

The Cowlitz County Board of Commissioners voted unanimously to adopt an update to county code 12.21 governing utility installations in county road rights of way, a change county attorneys and public-works staff said will reduce costly construction delays.

County engineer Susan Eugenis told the board the ordinance modernizes the code by requiring utilities to locate both active and inactive facilities horizontally and vertically and by adding a process for utilities to request a relocation or "in-work" window tied to a county construction schedule. "There is a clause in there for payment to the county if they delay contractors during public projects," Eugenis said. "If you don't make that window, here's what's going to happen." (Susan Eugenis, county engineer)

Douglas Jensen, Chief Civil Deputy Prosecutor, described the legal basis for the update and said it follows state law and local precedents. "Our primary obligations are to ensure public travel on those rights of way and to protect public health and safety," Jensen said, adding the county has experienced projects where utility relocations produced substantial delays and costs. He said the revised code gives the county stronger recourse, including billing utilities for delay costs and denying permits for noncompliance. "The public deserves better in Cowlitz County, and we're gonna give it to them," Jensen said. (Douglas Jensen, Chief Civil Deputy Prosecutor)

Key changes cited by staff include: clearer relocation and removal provisions; a requirement that utilities identify the vertical and horizontal positions of facilities during county design and construction projects; a new variance and police-power section; a process for utilities to request a work window rather than relocate prior to a project; and a deactivation-notice requirement so the county is informed when utilities plan to leave facilities in place or remove them.

Eugenis and Jensen said the code also clarifies the county's ability to recoup contractor time-delay claims and to take administrative steps—such as denying future permits—if a franchisee refuses to comply. Jensen noted the county can, where necessary, use law-enforcement support to remove equipment and trespassers from the right of way.

There was no public comment at the hearing. The board moved directly to a vote and approved the ordinance.

The ordinance amends county code 12.21 and takes effect according to the usual local-adoption process; staff said they will provide implementation guidance for franchise holders and contractors.