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Council approves Ordinance No. 478 on second reading to regulate utility excavations in Buckhannon rights-of-way
Summary
On June 4, 2026, Buckhannon City Council approved Ordinance No. 478 on its second reading to establish a permitting, insurance and restoration regime for excavations in city rights-of-way; the ordinance’s third reading and final adoption were scheduled for June 17, 2026.
Mayor Robert Neal Skinner III presided as City Attorney Thomas J. O’Neill presented the second reading of Ordinance No. 478, the city’s new Utility Right-of-Way Regulations, and the council voted to approve the ordinance on second reading.
The ordinance establishes a permit requirement for any excavation in Buckhannon public rights-of-way, defines ‘‘excavation’’ and related terms, and requires applicants to provide detailed location plans, proposed start and duration, traffic-control plans and Miss Utility confirmation. It adds a requirement for applicant contact information to include an email address in Article II, Section 2.1(a), a change noted at the June 4 meeting.
Key operational provisions include minimum insurance requirements (commercial general liability and umbrella coverage with limits not less than $1,000,000 per occurrence), business auto and workers’ compensation coverage, and professional errors-and-omissions insurance where design work is included. The ordinance directs the Director of Public Works to manage permits, requires evidence of insurance before work begins and reserves the city’s right to inspect, order repairs or issue stop-work orders for noncompliance.
Restoration standards require that pavement disturbances be fully restored no later than ten working days after excavation, with specific milling and repaving rules for pavements less than three years old and particular requirements for intersections and lane widths. The ordinance sets a two-year warranty period for subsurface or pavement failures and authorizes the Director of Public Works to require remediation at the permittee’s expense.
The ordinance also provides for an annual Utility Coordination Meeting (the Director of Public Works will convene it), encourages joint permit applications to minimize restoration costs, and lists penalties for violations — including additional fees and potential denial of future permits. Article IX states the ordinance will be effective 30 days following passage on the third reading; the ordinance record notes a scheduled third reading, passage and adoption on June 17, 2026, with an effective date of July 17, 2026.
City Attorney Thomas J. O’Neill presented the measure; Councilmember Jack Reger moved to approve Ordinance No. 478 on its second reading and Councilmember Scott Randall seconded the motion. The motion carried.
What happens next: the ordinance requires a third reading and passage for final adoption; the ordinance’s record lists third reading, passage and adoption set for June 17, 2026; the effective date would follow 30 days after passage as specified in the ordinance text.
