Tougher Regulations For Building Around Rights of Way Sought In RivCo

RIVERSIDE COUNTY, CA – The Riverside County Board of Supervisors today tentatively approved amendments to the Encroachment Permit Ordinance, clarifying and tightening regulations on where, when and how utilities and other entities build along roads and highways within the county's jurisdiction.

In a 5-0 vote without comment, the board cleared the way for a July 11 public hearing on the revised ordinance, No. 499, which has been in the works since January.

County Transportation & Land Management Agency staff reviewed existing regulations and found a number of loose ends and fuzzy references that the amended measure addresses, according to TLMA documents posted to the board's policy agenda.

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Officials said that before changes were proposed, TLMA held meetings with AT&T, Southern California Gas Co., Southern California Edison, Verizon and other companies to solicit input and explain the issues at stake.
One of the agency's main concerns is utilities trying to procure encroachment permits to make changes to county rights-of-way that have been improved in the last three years.

The amended ordinance specifically prohibits the installation of equipment that would entail digging into or otherwise reconfiguring road surface laid or upgraded in the preceding 36 months. Exceptions would be made for emergencies.

The following revisions would also be applied:

-- a declaration that the county has final authority over "potholing," or the exact placement of utilities' facilities;
-- requirement that utilities work within a specific time frame for the relocation of any equipment on or near a right-of-way;
-- a provision spelling out that utilities, telecommunication companies, special districts and other entities are responsible for all costs incurred whenever installations are undertaken or modifications are made to better serve customers; and
-- an affirmation that the county can, at any time, order the relocation of facilities for the purpose of public safety.

The ordinance does not address the fee schedules that come into play whenever franchise agreements or encroachment permits are granted. Fees were last adjusted in 2012, when the county established regulations on the construction of solar power plants.

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