HomeMy WebLinkAbout2024-028 - Ord. Amending Mason County Code Title 10, 12, and 14 and Adopting Mason County Road Standards Manual ORDINANCE NUMBER 2024-Q$
AN ORDINANCE AMENDING
SECTIONS OF MASON COUNTY CODE
TITLE 10, 12 & 14 AND
ADOPTING THE MASON COUNTY ROAD STANDARDS MANUAL
WHEREAS,RCW 36.86.070- 080 requires the County to adopt uniform definitions
and design standards for county roads;and
WHEREAS, RCW 36.80.030 and RCW 36.75.050 provide that the County
Engineer has the authority for preparing standards for construction of roads and bridges;
and
WHEREAS,the County Engineer has prepared a Mason County Road Standards
Manual that updates current standards to comply with applicable standards, guidance,
and sound engineering practice; and
WHEREAS,the Board ofCounty Commissioners find a need to update Title 12 and
14 of the County Code to adopt the updated County Road Standards; and,
WHEREAS, additional amendments were also needed in Title 10, 12 and 14 of
the Mason County; and
WHEREAS,Mason County citizens, stakeholders and outside agencies have been
afforded opportunities to review and comment on the proposed Road Standards and code
amendments; and
WHEREAS,Mason County Road Standards went through SEPA review, and a
Determination of Non-significance was published on June 15,2023. The public comment
period ended on June 29, 2023 and no public comments were received; and
WHEREAS,the Mason County Board of County Commissioners held a public
hearing on May 7, 2024 to consider written and oral testimony on the proposed ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE MASON COUNTY
BOARD OF COMMISSIONERS:
Section 1. The recitals set forth above are hereby adopted in support of
the regulations imposed by this ordinance.
Section 2. Mason County Code Chapter 10.44, 'Standard Road and,' adopted by
Resolution 869, is amended as shown on Attachment A.
Section 3: Mason County Code Chapter 12.04, ',' adopted by Resolution 869, is
amended as shown on Attachment B.
Section 4. Mason County Code Chapter 12.05 `Use of and Improvements to
Unopened or Unmaintained Roads Within the County Rights of Way is added to
the Code as shown on Attachment C.
Section Mason County Code Chapter 12.08, `Highway Approaches,' adopted
by Resolution 2021-038, is amended as shown on Attachment D.
Section 6,Mason County Code Chapter 12.24, `Utilities on Road Rights-of-
Way,' adopted by Resolution 115-06, is amended as shown on Attachment E.
Section 7.Mason County Code Chapter 14.28, 'Addressing Ordinance,' adopted
by Ordinance 44-10, is amended as shown on Attachment F.
ADOPTED this 3t day of 92024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY,WASHINGTON
A4
McKenzie Smi ,CIA of the Board Ran Neath Chair
APPROVED AS TO FORM:
KeCri Shutty,Vi e
Tim Whitehea baron Trask,Commissioner
Ch. Deputy Prosecuting Attorney
Chapter 10.44 SIZE, WEIGHT, AND LOAD
Sections:
10.44.005 Overweight and over-dimension vehicle permits—Regulations and Statutes
adopted by reference.
(a) The most current Washington State Statues in Chapter 46.44 are adopted by reference.
(b) The most current Washington State Commercial Vehicle Guide prepared by multiple Washington state
agencies,is adopted as the policy of Mason County.
(c) The board of commissioners of Mason County hereby authorizes and directs the Mason County engineer
to utilize these regulations and conditions as applicable for this chapter.
(Res. 230, 1972; Res. No. 120-09, 12-22-2009)
10.44.010 Permit Required.
Permits are required when any vehicle combination, and/or equipment or machinery being moved
exceeds the dimensional and/or weight limits set forth in RCW 46.44,as amended, upon any public highway under
the jurisdiction of Mason County without first obtaining a permit from the County.
(Res.78§ 1(46.44.010), 1970).
10.44.020 Authority of engineer to close roads.
The county road engineer or his designated representative may prohibit the operation thereon of motor
trucks or other vehicles or impose limits as to the weight thereof, or may other restrictions as may be deemed
necessary,whenever any such public highway by reason of rain,snow, climatic or other conditions,will be
seriously damaged or destroyed unless the operation of vehicles thereon be prohibited or restricted or the
permissible weights thereof reduced as defined by RCW 46.44.080. i Any such restriction,or limitations,or
prohibiting any use or reducing the permissible weights of shall be appropriately signed to that effect and the
restrictions as posted shall be in effect on those roads so posted for the period of time such signs are in place.
(Res.78§ 1(46.44.0801), 1970).
10.44.030 Overweight or oversize permits required—Vehicles exempted.
It is unlawful for any person to operate upon any county road of Mason County any vehicle which is
overweight or oversize as defined by RCW 46.44,without having first obtained from the county road engineer a
permit to so do;provided,that the provisions of this chapter shall not apply:
(1) To vehicles having overall dimensions including load,if any,which do not exceed ten feet in width
and/or fifteen feet in height above the level surface upon which the vehicle stands, and/or having a
gross weight,including load,which does not exceed eighteen thousand pounds per axle and which are
of the following types:
(A) Farm or construction equipment,without pay load moving to or from work sites within Mason
County during daylight hours if properly patrolled and flagged,
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(B) Vehicles having integral parts, but not loads,which put the vehicle in the category of oversize,for
daylight moves, if properly patrolled and flagged;
(2) To vehicles of governmental agencies or public utility companies making emergency moves.
(Res.78§ 1(46.44.0901), 1970).
10.44. 040 Application—Fees—Permit conditions—Revoking permit.
The county engineer is:
(1) Authorized to require each person applying for an oversize or overweight permit to submit a written
application which shows:
(A) Names and addresses of the applicants,
(B) Type of vehicle,
(C) License number of vehicle,
(D) Tire,gross and license load,
(E) Origin,destination, and route,
(F) If oversize: Loaded height,width,and length,
(G) Date and time of proposed move;
(2) Authorized and directed to collect fees for such overweight or oversize permits in accordance with
RCW 46.44.The County has established these fees under the Public Works Fee Schedule Resolution,
such fees to be deposited to the Mason County road fund;provided,that no such fees will be required
of any governmental agencies or municipal corporations;
(3) Authorized to prescribe for each such move authorized by permit the routes,speeds, dates and times,
frequency,and other conditions of the permit to assure the safety of the public and to protect both
public and private property;
(4) Authorized to revoke any permit issued when the county engineer finds noncompliance with any
provision of the permit;
(5) Authorized to suspend for a period of thirty days from the date of such occurrence,the issuance of any
permits to any person found in noncompliance with any of the provisions of this chapter,and upon
taking such action he shall give notice of such to the permit holder and to the board of county
commissioners,stating the nature of the infraction and the conditions of the suspension.
(Res. 78§1(46.44.0902), 1970).
10.44.050 Display of permit.
Every permit issued hereunder shall be carried in the vehicle or combination of vehicles to which it refers
and shall be open to inspection by any peace officer or authorized agent of Mason County.
(Res. 78§1(46.44.0942), 1970).
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(Supp.No.66,2-24,Update 1)
Page 2 of 3
10.44.060 Hearing on suspension or revocation.
Any permittee whose permit is suspended, revoked or from whom a permit has been withheld may, upon
request, receive a hearing before the board of county commissioners of Mason County,Washington.The board,
after such hearing, may reinstate any permit or amend, revise, or revoke the conditions of suspension.
(Res.78§ 1(46.44.0943), 1970).
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(Supp.No.66,2-24,Update 1)
Page 3 of 3
ATTACHMENT B
Chapter 12.04-STANDARD ROAD AND BRIDGE CONSTRUCTION SPECIFICATIONS*
Sections:
12.04.010-Adoption.
The current combined Washington State Department of Transportation (WSDOT) and American Public Works
Association (APWA) edition of the Standard Specifications for Road, Bridge, and Municipal Construction, including
any amendments thereto, promulgated by the WSDOT is hereby adopted as the Mason County standard
specifications for road and bridge construction.
(Res.869(part), 1978: Res. 231(part), 1972: Res. 62(part), 1969).
12.0412.05.020-Utilization.
The county engineer is authorized and directed to utilize these standard specifications, with such
amendments, modifications and special provisions as may be required to adapt to special conditions, in the
preparation of contracts for road construction in the county.
(Res.869(part), 1978: Res. 231(part), 1972: Res. 62(part), 1969).
12.04.030—Mason County Road Standards
There is adopted by reference the Mason County Road Standards to be known as the "Standards," and as
hereafter amended, which shall apply to unincorporated Thurston County except where separate development
standards have been adopted for urban growth areas as set forth in Section 17.02.020 Mason County Code.
Hard copies of the Standards are available at the Mason County Public Works permit center during normal
business hours.
If any section, subsection, sentence, clause, phrase, or other portion of the Standards, or its application to any
person is,for any reason, declared invalid, illegal, or unconstitutional, in whole or in part by any court or agency
of competent jurisdiction,such decision shall not affect the validity of the remaining portions of the Standards.
Page 1
ATTACHMENT C
Chapter 12.05—Use of or Improvements to Unopened County Right of Way
12.05.010 Purpose
The purpose of this chapter is to provide the general public with uniform criteria to obtain road use permits for
use of and improvements to unopened right of way or unmaintained roads within the County right of way. Use of
and improvements to unopened or unmaintained roads within the county rights-of-way shall follow the
requirements and permitting process set forth in the current edition of the Mason County Road Standards.
12.05.020 General
Within Mason County, there are occasional portions of dedicated or deeded public road rights-of-way that have
been either not officially opened and established as county roads, or not formally vacated, by the county. From
time to time, there is a desire by individuals or corporations to use said unopened county rights-of-way for road
access. Nothing in this section should be construed as to allow other than road purpose access to private lands on
unopened county rights-of-way.
12.05.020 Public Works Permit Types:
A permit shall be required by the Public Works Department for the following right of way use permit categories
listed below. Permit requirements are outlined in the current road standards and shall apply to MCC Chapters
12.04, 12.08, 12.24, 13.08 and 14.28.
Category 1: Right of Way Use Permit shall be required for use of and improvements to unopened county right of
way or unmaintained road within county right of way when the applicant desires the County to assume
maintenance responsibilities for the road and drainage improvements to be constructed or when such
improvements are required in connection with other development approvals.
Category 2: Right of Way Use Permit shall be required for use of and improvements to an unopened county right
of way when the maintenance responsibilities for the improvements will rest with the applicant and all abutting
property owners using the improvements.
Category 3: Right of Way Use Permit shall be required for use of and improvements to an unopened County right of
way or unmaintained road for the specific purpose of providing bike/pedestrian/equestrian access for trail purposes.
The Category 3 Permit is limited to non-profits,organized community clubs,groups,and organizations. Maintenance
responsibilities for the trail rest with the applicant(s).
Category 4: Right of Way Use Permit (known as a Road Approach/Encroachment Permit)shall be required when a
property owner is requesting permanent or temporary private facilities(Driveways, logging, roads, parking, etc.)to
an existing road in a County right of way.This permit applies to unmaintained roads constructed prior to the effective
date of this manual or unmaintained roads constructed under a Category 2 Permit wherein the road abuts the
applicant's property.The maintenance responsibilities for the road rest with the applicant and all abutting property
owners having access to the road. Road Approach/Encroachment Permit pursuant to Chapter 12.08.
Category 5 Right of Way Use Permit (known as a Utility Permit) shall be required for the construction, installation,
repair, maintenance, removal, replacement, adjustment, and relocation of all above and below ground utility
facilities that are located within the county right-of-way. Utility Right of Way Permit pursuant to Chapter 12.24.
Category 6 Right of Way Use Permit(known as a Moving Permit)shall be required for revisions to the movement of
vehicles, materials, and structures with the opened right of way. These permits shall be in compliance with these
standards and Mason County Code 10.44 Size,Weight, and Load and 12.36 Closed or Restricted Roads. Pursuant to
Chapters 10.44 and 12.36
Category 7 Right of Way Use Permit(known as a Road Use Permit)shall be required for private events which extend
into the rights-of- way or affect the ordinary use of public streets, sidewalks, traffic etc. and/or generates
considerable public participation. For practical purposes,this includes, but not limited to,parades,fun runs,cycling,
temporary work or non-permanent items within the right-of-way.There is also a special use permit used during road
weight restrictions.Also used with road closures or restrictions pursuant to Chapter 12.32
12.05.050 Public Work's Permit fees
Each Public Work's permit application shall be accompanied by a fee, pursuant to the current Mason County Public
Works Permit Fee Schedule which is adopted by resolution.These fees can be found on the Public Works webpage
or at the Public Works Permit Center.
ATTACHMENT D
Chapter 12.08 HIGHWAY APPROACHES'
12.08.010 Purpose.
(1) The purpose of this chapter is to provide reasonable rules for the construction of road approaches from abutting
property to county roads pursuant to RCW 36.75.130 et seq.This chapter requires permits, provides for inspection
of proposed and actual construction of said approaches.
(2) Utility Right of Way Permit requirements are set forth in Chapter 12.24
(3) Use of or improvements to unopened county right of way or unmaintained roads are set forth in
Chapter 12.05.
Current Permit fees that have been adopted by resolution are available online and available at the Public Works
Permit Center.
(Res. No. 2021-038,6-22-2021)
12.08.020 Regulations adopted—Scope—Conformance required.
The following rules and regulations for the location and construction of approaches to county roads in Mason
County. These amended regulations shall supersede all prior regulations and practices in Mason County and shall
govern all approaches, including, but not necessarily limited to, driveways and private access roads. Any person
wishing to construct or modify an approach onto any Mason County roadway shall obtain a permit for such work
within the right-of-way from the public works department and shall comply with these regulations, current road
standards and Chapter 36.75 RCW.
The county engineer or their designee shall be authorized to issue permits for road approaches to county
roads; provided that the applicant complies with road standards, regulations, and conditional requirements of the
issued permit.
The county may limit the number, width, location, and configuration of driveway(s) to provide access to any
property,as may be necessary in the public interest for reasons of safety.
(Res. No. 2021-038, 6-22-2021)
12.08.030 Access.
Each property owner is entitled to reasonable access to the county road system.Access to a particular roadway
and/or at a particular location may be restricted in certain circumstances including, but not limited to:
'Editor's note(s)—Res. No. 2021-038,adopted June 22, 2021,in effect repealed Ch. 12.08, §§12.08.010-
12.08.080, and enacted a new Ch. 12.08, §§12.08.010-12.08.120,as set out herein.The former chapter
pertained to similar subject matter and derived from §§ 1-7 from a resolution dated Dec.21, 1970;and§§
1-7 from a resolution dated Dec.26, 1973.
Mason County,Washington,Code of Ordinances Created: 2023-04-05 e9:20:01 [EST]
(Supp.No.62-2-23)
Page 1 of 5
(1) Locations where limited access rights have been obtained by the county.
(2) When reasonable access can be established through other roadways or lanes, both public and private.
(3) When topographic features may cause the access to be unsafe or undesirable to the county.
(Res. No. 2021-038, 6-22-2021)
12.08.040 Approach construction required.
All property owners shall be required to construct a new road approach, to county standards, any time an
access point is added to the county road system or in conjunction with any construction or change in use of the
property that may increase the traffic volume or change the type of traffic entering or exiting the roadway.
A building permit issued by the Mason County Building Department shall not pass a final inspection until the
county engineer or their designee has verified that permitted access exists or an approach permit has been issued
for the intended use.
In evaluating if a new road approach is required or if an existing approach must be brought up to current
standards as a condition of issuing a permit required by the Mason County Building Department, the county
engineer,or their designee,will use the following thresholds:
• Construction of any dwelling or accessory dwelling
• Construction of any commercial or industrial structure
• Placement or replacement of a manufactured home
• Ingress or egress to a county road for commercial or industrial purposes other than temporary approaches
Any subdivision or modification of parcel boundaries that results in an approach serving more than a single
parcel shall be required to construct one approach, unless circumstances warrant more than one (sight distance,
topography, etc.)for the new parcels lacking an approach to county standards as a condition of approval and must
be surveyed and recorded with the Mason County Auditor's Department. A road approach permit will need to be
issued and pass final inspection as part of this process.
For new joint use approaches that are not a result of a division of land,the first applicant for a road approach
permit shall be required to construct the approach to county standards.
(Res. No. 2021-038,6-22-2021)
12.08.050 Permit required,application review.
All property owners constructing a new road approach or making upgrades or modifications to an existing
approach shall first file an approach permit application with the public works department.The application forms are
available from the department and online.
Applications that are turned in incomplete will not be accepted and returned to applicant.
When a completed application is received, the county engineer or their designee, will review the application
and approve, deny, or request additional information. Public works will make every effort to complete the
application review and inspection process within seven to ten business days.
The review of the application will include:
• Ensuring the information on the application is accurate and appropriate to the subject property.
• Ensuring the site sketch is accurate as to the location and type of approach requested by the applicant.
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(Supp.No.62-2-23)
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• A site visit to determine any conditional requirements that may need to be added to the permit(the
access shall be marked by the applicant).
If approved,the applicant will then proceed with construction of their access if the required permit fees have
been paid. If not approved,the county engineer or their designee will notify the applicant.
If during the course of the review it is determined that the approach is already permitted and conforms to all
permit requirements at the time of original issuance, and the permittee is not proposing any modifications to the
approach, the reviewer will update the current county permitting program and notify applicant that no additional
action is required in relation to the approach.Generally, no new approach permit will be issued.
(Res. No.2021-038,6-22-2021)
12.08.060 Permit fees.
No new approach or alteration of an existing approach to any county road shall be constructed until the person
benefitted by or desiring such approach has been issued a permit by the public works department on a form which
will be provided; except that the county may alter or improve any existing approach to a county road when such
alteration or improvement is necessary to the proper maintenance of the county road.
After approval of the permit for a new approach or modification to an existing approach the applicant shall
pay a non-refundable permit fee. established by resolution and available on the County website and at the Public
Works Permit Center.
The fee may be waived in the following circumstances:
• The approach is existing and found to be in conformance with the standard and policies at the time of its
original permitting and no modifications to the approach are proposed or required.
• The approach connects directly to a private road which provide access to the county road system.
If the permit expires or the work has not been completed after three hundred sixty days the applicant shall
reapply and pay the permit fee again.
In addition to the permit fee,a bond(or cash deposit) may be required in an amount to be determined by the
county engineer or designee.
(Res. No. 2021-038,6-22-2021)
12.08.070 Inspection.
All construction within the county right-of-way is subject to inspection and approval by the county engineer or
their designee for the permit to be considered valid.All debris,including wind [blown]sand/dirt and debris shall be
removed from the roadway, road shoulder and roadside ditch along the entire frontage of the property before final
inspection will be approved.
Inspection of the work may include, but is not limited to,the following:
• Verification that the geometric layout is consistent with permit requirements
• Verification and/or testing of compaction for base course and pavement within the county right-of-way
• Verification of layer thickness for base course and pavement within the county right-of-way
• Verification that all conditional requirements have been satisfied
The applicant shall request an inspection by online permit portal, calling or emailing the public works
department when their access is ready for inspection. If the work is not ready for inspection, the inspection will be
Created: 2023-04-05 09:20:01 [EST]
(Supp.No.62-2-23)
Page 3 of 5
failed, and the applicant will be required to schedule a new inspection. If the applicant establishes a history of
requesting inspections when the work to be inspected has not been completed,an additional set fee may be added
to the permit in order to compensate the county for costs incurred.
Work completed without a required prerequisite inspection being approved will be automatically failed and
public works will require the permittee to demonstrate that the previous work meets all permit requirements,or all
such work shall be removed by the owner at their own expense.
Records for each road approach will be kept on file in the public works department. Records will consist of all
applications, whether approved or not, and all permits with supporting construction records. Records will be
maintained in accordance with Mason County record retention policy and applicable state laws.
(Res. No. 2021-038, 6-22-2021)
12.08.080 Construction—Requirements.
After approval of permit application and permit fee has been paid,the applicant will be issued the permit.The
permittee shall install the access per their permit requirements and current minimum standard specifications.These
minimum standard specifications may not be sufficient for all approach types. It is the sole responsibility of the
permittee to provide a road approach design that is appropriate for the intended use. Public works makes no
certification that approaches constructed to minimum standards will be sufficient and, if due to special use of or
conditions on an approach, the county engineer and their designee may direct that additional design work be
required. This may include, but not be limited to, certification of the adequacy of the approach by a licensed
engineer.
All approaches shall pass a final inspection by the county engineer or their designee in order for the permit to
be finalized. Final inspection shall include a review of the approach surface, size, and location. All debris, including
wind [blown]sand/dirt and debris shall be removed from the roadway, road shoulder and roadside ditch along the
entire frontage of the property before final inspection will be approved.
Any damage to the roadway, roadway shoulder or drainage ditch resulting from the permittee's activities shall
be repaired at the permittee's sole cost and expense and paid prior to final approval of the road approach permit.
In accordance with RCW 19.122.030,the property owner shall be responsible to obtain utility locates by using
the statewide one-number locating service.
(Res. No.2021-038,6-22-2021)
12.08.090 Construction—Improper.
In addition to all other enforcement remedies, any person, firm, partnership, association, joint venture,
corporation,or other entity who fails to construct an approach property shall be required to compensate the County
for the improvement or removal of the approach. Compensation shall include administration time as well as
equipment and materials to remove or improve the approach. Reimbursement shall be made to the Mason County
Department of Public Works.
12.08.100 Responsibility for cost.
Pursuant to RCW 36.75.130,all costs of construction and maintenance of approaches to any county road shall
be at the expense of the person benefitted by or desiring such approach and all work shall be done in accordance
with specific requirements stipulated by the county engineer or their designee and permit issued by the public works
department.
(Res. No. 2021-038,6-22-2021)
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(Supp.No.62-2-23)
Page 4 of 5
12.08.110 Maintenance.
The maintenance of an approach off of a county-maintained road is the responsibility of the person, whose
property is served by the approach,including culvert replacements.
In the event a culvert needs emergency maintenance or replacement,to preserve a county road,or,if,because
of a county road or maintenance project,a culvert needs to be relocated or removed,the county will be responsible
for the cost. In the event a culvert needs replacement due to age or damage,it is the property owner's responsibility.
If a culvert is causing damage to a county road,the county may opt to replace the culvert,and back charge the
property owner associated costs.
Clearing of snow from approaches is the responsibility of the property owner.
(Res. No. 2021-038,6-22-2021)
12.08.120 Expectations.
Nothing in these regulations shall be construed to prohibit the county from building approaches to replace
existing approaches during reconstruction or maintenance of any county road or providing necessary access to
property adjacent to roads constructed on new alignment.The construction of approaches on new construction shall
be as negotiated by the county and the property owner at the time right-of-way is secured for the improvement.
(Res. No. 2021-038, 6-22-2021)
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(Supp.No.62-2-23)
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ATTACHMENT E
Chapter 12.24 UTILITIES ON ROAD RIGHTS-OF-WAY
12.24.010 Purpose.
The purpose of this chapter is to establish a county policy governing management of the road rights-of-way
through requirements and standards for the construction,installation, repair, maintenance, removal, replacement,
adjustment and relocation of all above and below ground utility facilities that are located within the county road
right-of-way.The goal of this policy and the requirements and standards is to protect and advance the public health,
safety,and welfare by:
(1) Establishing clear and nondiscriminatory local guidelines,standards,and time frames for the exercise of
local authority with respect to the use of public rights-of-way;
(2) Minimizing unnecessary local regulation of operators and services;
(3) Permitting and managing reasonable access to the road rights-of-way of the county on a competitively
neutral basis;
(4) Assuring that the county's current and ongoing costs of granting and regulating access to and use of the
road rights-of-way are fully paid for by the persons seeking such access and causing such costs;
(5) Assuring that all persons using the road rights-of-way comply with the ordinances, rules, regulations,
policies,and procedures of the county;
(6) Ensuring the ability of the county to obtain sufficient information from persons subject to its jurisdiction
to enable effective decisions regarding their access to county road rights-of-way and effective
management of activity in the rights-of-way;
(7) Providing for the grant of a franchise to govern use of and activities within the public rights-of-way;
(8) Providing for the issuance of a master road use permit to govern the activities of exempt operators within
the public rights-of-way;and
(9) Providing for the issuance of private line utility occupancy permits to govern activities of operators of
private lines serving single-family residences.
This chapter shall replace and supersede Ordinance 3-93 adopted by the board of county commissioners'
action on January 5, 1993.
(Ord. 115-06§ 1(part), 2006).
12.24.020 Applicability.
The requirements and policies set forth in this chapter shall apply to all new franchises, master road use
permits, private line utility occupancy permits, and utility permits issued by the county pursuant its police powers
and its authority granted in RCW 80.32.010,RCW 80.36.040,and Ch.36.55 RCW,and to all construction,installation,
repair, maintenance, removal, replacement, adjustment, and relocation of utility facilities within the county road
right-of-way by public and private operators, including, but not limited to, electric power, telephone, television,
cable, telegraph, communication, information, water, gas, all petroleum products, steam, chemicals, sewage,
drainage,irrigation,and similar pipes, lines,or cables.
Mason County,Washington,Code of Ordinances Created: 2024-02-01 12:03:21 [EST]
(Supp.No.66,2-24,Update 1)
Page 1 of 14
This chapter cannot address all situations and conditions that may be encountered. Specific provisions
contained herein may not be appropriate for all locations and existing conditions.The requirements of this chapter
are intended to assist, but not be a substitute for, competent work by both road and utility design and installation
professionals. This chapter should not be construed to limit any innovative or creative effort which could result in
better quality, better cost savings,or improved safety characteristics.
It shall be the responsibility of any operator installing or relocating any of its facilities to ascertain and abide
by the requirements and conditions of this chapter.
(Ord. 115-06§ 1(part), 2006).
12.24.030 Definitions.
For the purposes of this chapter, the following terms, phrases, words, and abbreviations shall have the
meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in
the present tense include the future tense, words in the plural number include the singular number, words in the
singular number include the plural number, and the masculine gender includes the feminine gender. The words
"shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined in
this title shall be construed consistent with their common and ordinary meaning. References to governmental
entities(whether persons or entities) refer to those entities or their successors in authority.
If specific provisions of law referred to herein are renumbered,then the reference shall be read to refer to the
renumbered provision. References to laws, ordinances, rules, or regulations shall be interpreted broadly to cover
government actions,however nominated,and include laws,ordinances,and regulations,now in force or hereinafter
enacted or amended or re-codified.
"Abandon"or"abandonment" means and refers to an intent by the owner or operator to cease or surrender
use for the intended purpose.
"Administrative regulations" means regulations adopted and amended from time to time by the county
engineer that implement,supplement,or interpret Chapter 12.04 of this code.
"Appurtenance"means equipment and/or accessories which are a necessary part of an operating utility system
or subsystem or private lines.
"Backfill" means replacement of excavated material with suitable material compacted as specified.
"Boring" means grade and alignment-controlled mechanical or other method of installing a pipe or casing
under a road without disturbing the surrounding medium.
"Carrier" means pipe directly enclosing a transmitted fluid or gas.
"Casing" means a larger pipe enclosing a carrier for the purpose of providing structural or other protection to
the carrier and/or to allow for carrier replacement without re-excavation,jacking,or boring.
"Coating" means protective material applied to the exterior of a pipe or conduit to prevent or reduce abrasion
and/or corrosion damage.
"Conduit" means an enclosed tubular runway for protecting wires or cables.
"Cover" means depth to top of pipe,conduit,casing,or gallery below the grade of a road or ditch.
"Drain" means appurtenances to discharge accumulated liquids from casings or other enclosures.
"Encasement" means a structural element surrounding a pipe or conduit for the purpose of preventing future
physical damage to the pipe or conduit.
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"Exempt operator" or "exempt," or any derivations thereof, shall, unless the context clearly indicates
otherwise, means any operator that has a continuing and lawfully vested right to occupy the Mason County Road
rights-of-way to provide a particular service or services and may not lawfully be required to obtain consent from the
county to occupy or continue to occupy the road rights-of-way to provide such service or services.
"Franchise"means the authorization granted by the county for non-exclusive use and occupancy of road rights-
of-way in accordance with Chapters 36.55 and 80.32 RCW to provide a specific service within the franchise area.
Such franchise shall not include or be a substitute for:
(1) Any permit, agreement, or authorization required in connection with operations on or in public streets
or property,including by way of example and not limitation, utility permits;or
(2) Any permits or agreements for occupying any other property of the county or private entities to which
access is not specifically granted by the franchise.
"Franchise area" means the area of the county that an operator is authorized to serve by the terms of its
franchise or by operation of law.
"Gallery" means an underpass for two or more utility lines.
"Manhole" means an opening in an underground utility system or private lines into which workers or others
may enter for the purpose of making installations, inspections, repairs,connections,cleaning,and testing.
"Master road use permit" means the authorization granted by the county engineer to an exempt operator of
a utility system, giving the operator permission to enter upon and use specified road rights-of-way for the purpose
of installing,maintaining,repairing,relocating,or removing identified utility facilities to provide service.Such master
road use permit shall not include or be a substitute for:
(1) Any permit, agreement, or authorization required in connection with operations on or in specific parts
of the public roads or property, including by way of example and not limitation, utility permits;or
(2) Any permits or agreements for occupying any property of the county other than road rights-of-way or
property of private entities to which access is not specifically granted by the master road use permit
including,without limitation, permits and agreements for placing devices on or in poles,conduits,other
structures,or railroad easements,whether owned by the county or a private entity.
"Normal maintenance" means maintenance that is required to be performed in the normal course of utility
operations due to ordinary wear and tear; provided that, normal maintenance shall not include work requiring the
disturbance of the soil or improvements in the road right-of-way, or work when a traffic control plan would be
required pursuant to the Federal Highway Administration's Manual on Uniform Traffic Control as modified and
adopted by the Washington State Department of Transportation.
"Operator" means and refers to a person (a)who provides service over a utility system or private line(s) and
directly or through one or more affiliates owns a significant interest in such utility system or private lines;or(b)who
otherwise controls or is responsible for,through any arrangement,the management and operation of such a utility
system or private line(s).
"Pavement" means the combination of sub-base, base course, and surfacing placed on a subgrade to support
the traffic load and distribute it to the subgrade.
"Person" means and includes any individual, corporation, partnership, association, joint stock company,
limited liability company,political subdivision,public corporation,taxing districts,trust,or any other legal entity,but
not the county or any person under contract with the county.
"Pipe" means a structural tubular product designed, tested, and produced for the transmittance of specific
liquids and gases under specific conditions.
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"Plowing" means direct burial of utility lines by means of a "plow"type mechanism which breaks the ground,
places the utility line at a predetermined depth,and closes the break in the ground.
"Pressure" means internal gauge pressure in a pipe in pounds per square inch,gauge(psig).
"Private lines" means privately owned, operated, and maintained utility facilities devoted exclusively to the
use of the owner or operator.
"Relocation" means planned change of location of an existing utility facility to a more advantageous place
without changing the character or general physical nature of the utility facility.
"Replacement"means installation of a like element of a utility system or subsystem or private line in the same
or near-same physical location normally due to damage,wear,or obsolescence of the element.
"Restoration" means all work necessary to replace, repair, or otherwise restore the right-of-way and all
features contained within to the same or equal condition as before any change or construction thereto.
"Right-of-way"is a general term denoting public land, property,or interest therein, usually in a strip,acquired
for or devoted to transportation or secondary purposes.
"Road" or "roadway" is a general term denoting a street, road, or other public way, including shoulders,
designated for the purpose of vehicular traffic and located within the geographical and jurisdictional limits of Mason
County.
"Sleeve" means a short casing through a pier,wall, or abutment of a highway structure.
"Traffic control"means those activities necessary to safeguard the general public,as well as all workers,during
the construction and maintenance of utility facilities within the right-of-way.
"Transfer" means any transaction in which all or a portion of the utility system or private lines are sold or
assigned (except a sale or assignment that results in removal of a particular portion of the facility from the public
rights-of-way);or the rights and/or obligations held by the operator under the franchise or master street use permit
are transferred, sold, assigned, or leased, in whole or in part, directly or indirectly, to another party. A transfer of
control of an operator shall not constitute a transfer as long as the same person continues to hold the franchise or
master street use permit both before and after the transfer of control.
"Trenched" means installation of a utility facility in an open excavation.
"Untrenched" means installation of a utility facility without breaking the ground or pavement surface such as
by jacking or boring.
"Utility facility"means any part or all of the facilities and appurtenances of an operator whether underground
or overhead and located within the road right-of-way including but not limited to, conduit, case, pipe, line, fiber,
equipment, equipment cabinets and shelters, generators, poles, carriers, drains, vents, guy wires, encasements,
sleeves,valves,wires,supports,and foundations.
"Utility permit" means a document issued under the authority of the Mason County engineer(or public works
director) that provides specific requirements and conditions for specific utility facility installation, repair,
maintenance, or relocation work at specific locations within the right-of-way.
"Utility system" means utility facilities that together are used to provide service to the general public.
"Vent" means appurtenance to discharge gaseous contaminants from casings or other enclosures.
(Ord. 115-06§1(part), 2006).
12.24.035 Franchise/master road use permit/private line utility occupancy permit required.
(a) Franchise Required.
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(1) No person may occupy the road rights-of-way without first having obtained, in full force and effect, a
valid franchise issued by the county board of commissioners, except as follows:
(A) Franchises will not be required for private lines that have a de minimis impact upon the road right-
of-way; provided that,the operator has and maintains in full force and effect, a private line utility
occupancy permit. The following are examples of private lines which would ordinarily have a de
minimis impact upon or use of the road right-of-way:
(i) Private line serving one single-family residence;
(ii) A private line utility system with a single road right-of-way crossing of two hundred fifty feet
or less;and
(iii) A private line utility system with a single longitudinal use of the road right-of-way of five
hundred feet or less.
(B) Franchises will not be required for any work on road rights-of-way that is performed by or on behalf
of the county or by any entity under contract with the county to perform such work.
(C) Franchises will not be required for exempt operator utility facilities as provided herein; provided
that,the operator has and maintains in full force and effect a master road use permit.
(2) No franchise granted hereunder shall confer any exclusive right,grant, privilege, or franchise to occupy
or use the rights-of-way for delivery of services or any other purposes.
(b) Master Road Use Permit.
(1) In lieu of a franchise, an exempt operator shall obtain and have in full force and effect a valid master
road use permit issued by the county engineer.The authorization granted shall be conditioned upon the
operator's compliance with the terms and conditions of this chapter and the master road use permit.
Every master road use permit shall include, or be read to include, as if stated therein, a reservation of
rights by the county to require the operator to obtain a franchise as to those utility facilities or uses for
which the exemption is inapplicable or to which the exemption is otherwise determined by a court of
law not to be applicable. Further,the county does not, by issuance of a master road use permit, waive
its rights in the future to require the operator to obtain a franchise. No master road use permit shall
become effective until approved by the county engineer and accepted by the exempt operator.
(2) A master road use permit does not convey title, equitable or legal, in the road rights-of-way nor is it an
authorization to operate utility facilities located within the road rights-of-way. The master road use
permit is intended to implement the right-of-way management policies of this chapter and to protect
the road rights-of-way through regulations governing the construction,installation,repair,maintenance,
removal, replacement, adjustment,and relocation of utility facilities.
(c) Private Line Utility Occupancy Permit. In lieu of a franchise, an operator using the road right-of-way for a
private line serving a single-family residence may apply for a private line utility occupancy permit.The private
line utility occupancy permit is intended to implement the right-of-way management policies of this chapter
and to protect the road rights-of-way through regulations governing the construction, installation, repair,
maintenance, removal, replacement,adjustment,and relocation of private line utility facilities.
(d) Application. Every application for a new cable franchise or a new open video system franchise,for renewal of
a cable franchise or an open video system franchise,for amendment to a cable franchise or open video system
franchise,and for transfer of a cable franchise or open video system,shall be governed by and conform to the
requirements of Chapter 5.20 of the Mason County Code.All other applications for a new franchise, renewal
of a franchise, amendment of a franchise, and for the transfer of a franchise, and every application for a new
franchise,master road use permit,or private line utility occupancy permit,or for an amendment to a franchise,
master road use permit, or private line utility occupancy permit, or for a transfer of a franchise, master road
use permit, or private line utility occupancy permit, or for a renewal of a franchise or master road use permit
Created: 2024-02-01 12:03:21 [EST]
(Supp.No.66,2-24,Update 1)
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shall be on forms provided by the Mason County engineer which application forms shall,at a minimum,contain
and require the following:
(1) Identity of Authorized Parties. The names and addresses of persons authorized to act on behalf of the
operator with respect to the application and those person(s) who are authorized to receive all notices
regarding action taken pursuant to an application.
(2) Nonrefundable Application Fees are established by resolution and available on the County website and
at the Public Works Permit Center,
The purpose of the nonrefundable application fee is to reimburse the county for the costs incurred to review
and issue or deny a franchise, master road use permit, or private line utility occupancy permit, or issue an
amendment thereto,or a renewal,or a transfer.In addition to the nonrefundable application fee,the applicant shall,
as a condition of action being taken,reimburse the county for the direct costs of third parties retained by the county
when deemed by the county engineer to be reasonable and necessary to assist the county in reviewing or responding
to the application.The county engineer shall,at the request of the applicant,provide an itemized accounting for the
services provided that become a cost of the applicant as provided herein.
The County Engineer is directed to review the application fees on a biennial basis and make a recommendation
to the board for adjustment of the application fees.The board may adjust the application fees from time to time by
a duly adopted resolution.
(3) Identity of Applicant. Identity of the operator, the persons who exercise working control over the
operator,and the persons who control those persons to the ultimate parent.
(4) Certificate Verifying Status as Exempt Operator. If applicable,a certification of the authorized officer of
the operator stating that the operator is exempt and the reasons therefore;provided that,if such utility
facilities will be used to provide services other than those qualifying it as an exempt operator, the
applicant shall state what other services will be provided and under what authority the applicant will be
utilizing facilities located within the public rights-of-way to provide such services.
(5) Location/Description/Purpose of Facilities.The location in the county in which the applicant proposes to
install utility facilities in the road rights-of-way, including the approximate linear feet of overhead utility
facilities, the approximate linear feet of underground utility facilities; the type of utility facilities to be
installed;and,the proposed use of the utility facilities and type of services to be provided.
(6) Certification Verifying Truth/Accuracy.A certificate of an authorized officer of the operator certifying the
truth and accuracy of the information in the application.
(e) Term. The term of the franchise and the master road use permit shall not exceed ten years. The private line
utility occupancy permit shall be revocable upon thirty days' written notice to the operator with or without
cause.
(f) No Vested Rights.The franchise,master road use permit,and private line utility occupancy permit do not grant
any vested right to have any utility facility installed or to remain at a specific location in the road right-of way.
(g) Applicability to and Enforceability Against Operator. Even in the absence of a franchise, master road use
permit, or private line utility occupancy permit, all requirements of this chapter or any other applicable
provision of the Mason County Code or ordinance which have been promulgated under the county's police or
other regulatory powers shall apply and be enforceable against an operator, except to the extent,and only to
that extent, the application and enforcement of any such requirement is expressly prohibited by applicable
laws.
Any operator who currently occupies road rights-of-way without having in place a current and valid master
road use permit, franchise, private line utility occupancy permit, or other similar agreement with the county shall
submit a completed application for a franchise, master road use permit, or private line utility occupancy permit as
provided by this section within one hundred twenty days of the effective date of this section. The one hundred
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twenty-day time period may be extended by the county engineer for good cause shown by an operator upon written
application received by the county engineer no less than five days prior to the expiration of the one hundred twenty
time period.The decision of the county engineer shall be final and non-appealable.
(h) Effect on Existing Franchises or Other Agreements. Except as otherwise provided in this chapter, this section
shall have no effect on any existing franchise or other agreement until:
(1) The expiration of such franchise or agreement;
(2) An amendment to an unexpired franchise or agreement, unless both parties agree to defer full
compliance to a specific date not later than the present expiration date;or
(3) Any transaction which results in a transfer.
(Ord. 115-06§ 1(part), 2006).
(Ord. No.04-11, § 1, 1-11-2011)
12.24.040 Standards adopted.
(a) The current and any subsequent edition of the Standard Specifications for Road, Bridge and Municipal
Construction issued by the Washington State Department of Transportation(WSDOT)and the American Public
Works Association Washington State Chapter,is adopted as the Mason County standard specifications for road
and bridge construction applicable to construction, installation, repair, maintenance, removal, replacement,
adjustment, and relocation of utility facilities in the road rights-of-way which hereinafter shall be referred to
as"Standard Specifications."
(b) The county engineer is authorized and directed to prepare, review, update, and publish a Manual on
Accommodating Utilities in the Mason County Right-of-Way (the "Manual"); provided that, the manual shall
be consistent with this chapter,and applicable state and federal law,with the exception that,the manual may
include any road design standards which the county engineer shall deem necessary to provide adequate
protection to the road, its safe operation, appearance, and maintenance, which standards supersede the
standard specifications.
(c) There is adopted by reference the Mason County Road Standards,also known as the"road standards,set forth
in Section 12.04.030.
The county engineer shall provide opportunity for public comment upon the manual prior to its adoption.
Upon adoption by the county engineer,the manual and all subsequent amendments to and editions of the manual,
together with this chapter,shall be and become the utility accommodation policy of the board.All work performed
in the road rights-of-way for the construction,installation, repair, maintenance,removal, replacement,adjustment,
and relocation of utility facilities shall conform to the utility accommodation policy and road standards,as applicable.
The manual shall, at a minimum:
(1)Address all public and private utilities and other transmission facilities which are constructed, installed,
repaired, maintained, removed, replaced, adjusted, or relocated within the county road right-of-way pursuant to
franchises, permits, and/or exemptions from the permit process including, but not limited to, electric power,
telephone, television, telegraph, communication, water, gas, all petroleum products, steam, chemicals, sewage,
drainage and irrigation;
(2) Include general standards and requirements for the location, design, and construction of each utility
facility;
(3) Incorporate a written permit process for all utility work not exempted by the provisions of the utility
policy, and specify exemptions from such permit process, if any;
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(4) Include specific requirements for underground utilities which shall include location and alignment,depth
of burial and cover,encasement, marking,appurtenances and related installation procedures;
(5) Include specific requirements for above ground utilities which shall include location, alignment, and
vertical clearances;and
(6) Include specific requirements for all utilities, which shall include aesthetic/scenic considerations,
installations on roadway bridges and structures, site restoration and cleanup, traffic control and public
safety,and both normal and emergency repairs.
(c) The standards, guidelines and requirements set forth in the current model utility accommodation policy as
published by the county road administration board is adopted as the "interim utility accommodation policy"
of Mason County until such time as the manual is adopted pursuant to subsection (b) of this section. Upon
adoption, the manual shall replaced and supersede the "interim utility accommodation policy." All work
performed in the road rights-of-way for the construction, installation, replacement, relocation, adjustment,
and maintenance of utility facilities shall conform to the"interim utility accommodation policy."
(d) The county engineer is further authorized and directed to prepare, adopt, publish, and amend from time to
time, administrative regulations(hereinafter referred to as the"administrative regulations")that implement,
supplement,and interpret this chapter;provided that,such administrative regulations are consistent with this
chapter,and applicable state and federal law.
(e) In the event of a conflict between Ch. 12.04 MCC, the administrative regulations, or the manual and the
standard specifications, the Mason County Code, the administrative regulations, and the manual shall take
precedence. In the event of a conflict between the Mason County Code and the administrative regulations or
manual,the Mason County Code shall take precedence. In the event of a conflict between the manual and the
administrative regulations,the manual shall take precedence.
(Ord. 115-06§ 1(part), 2006).
12.24.050 General requirements.
The following general requirements shall be applicable to construction, installation, repair, maintenance,
removal, replacement,adjustment,and relocation of utility facilities in the road rights-of-way:
(1) Location.
(A) Utility facility installations shall be located to minimize the need for later adjustment to
accommodate future roadway improvements and to permit access to servicing such installations
with minimum interference to roadway traffic.The county shall make available to operators a copy
of its six-year transportation improvement program (or capital facilities and transportation plan
where required), in order to minimize both utility customer and road user inconvenience should
future road improvements(on existing or new alignment) require adjustment or relocating of the
utility facilities.Said operators shall,within the limits of standard business practice,make available
appropriate short and long range development plans to the county.
(B) The operator shall have a duty to ensure that utility facilities within the road right-of-way do not
become or constitute an unacceptable roadside obstacle and do not interfere with or create a
hazard to county maintenance of and along the road right-of-way. In such event, or in the event
that the county engineer, in his or her sole discretion, determines that a utility facility within the
road right-of-way has become or constitutes an unacceptable roadside obstacle or may interfere
with or create a hazard to county maintenance of and along the road right-of-way, the operator
shall at its expense,or the county may at operator's expense:
(i) Relocate the utility facility to another place within the right-of-way;
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(ii) Convert the utility facility to a break-away design;
(iii) Crash-protect the utility facility;
(iv) Relocate the utility facility to another location off the road right-of-way;or
(v) In the event that the utility facility is screened from view (i.e., not readily visible from all
directions by persons standing at ground level),remove or trim vegetation in and around the
utility facility.
(C) Installations that are required for a road purpose,such as street lighting or traffic signals,are to be
located and designed in accordance with this chapter.
(D) Where existing utility facilities are in place, new utility facilities shall be compatible with the
existing installations and conform to this chapter as nearly as practicable.
(E) Every operator shall have a continuing duty to identify the location of existing utility facilities of
the operator in the road right-of-way in a format acceptable to the county engineer. In the event
that information regarding the location of existing facilities in the road rights-of-way is not readily
available, operator shall have a continuing duty to use due diligence to prepare and provide such
information to the county engineer in a form and time frame acceptable to the county engineer.
(2) Design—General.
(A) The operator shall be responsible for the design of the utility facility being proposed. This
responsibility shall include,in addition to the integrity of the proposed utility facility,provisions for
public safety during the course of construction, as well as consideration of traffic safety and
accident potential for the life of the installation.
(B) For work requiring application to the county, the county may review and approve the operator's
plans with respect to:
(i) Location;
(ii) The manner in which the utility facility is to be installed;
(iii) Measures to be taken to preserve safe and free flow of traffic;
(iv) Structural integrity of the roadway, bridge,or other structure;and
(v) Ease of future road maintenance, and appearance of the roadway.
(C) Provision shall be made for known or planned expansion of the utility facilities, particularly those
located underground or attached to bridges or other structures within the right-of-way.
(D) Granting of a franchise, master road use permit, private line utility occupancy permit, or utility
permit shall not imply or be construed to mean the county shall be responsible for the design,
construction, installation, repair, maintenance, removal, replacement, adjustment, relocation, or
operation of the utility facility or for public safety during the utility facility's construction,
installation,repair,maintenance,removal,replacement,adjustment,relocation,or operation.The
county's grant of a franchise, master road use permit, private line utility occupancy permit, or
utility permit and approvals given therein are for the sole purpose of protecting the county's rights
as the owner or manager of the road right-of-way and shall not constitute any representation or
warranty, express or implied, as to the adequacy of the design, construction, installation,
relocation, repair, maintenance, removal, replacement, adjustment, relocation, operation of the
utility facilities, or suitability of the road right-of-way for construction, maintenance, or repair of
the utility facilities.The county is under no obligation or duty to supervise the design,construction,
installation, repair, maintenance, removal, replacement, adjustment, relocation, or operation of
the utility facilities.
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(3) Standards and Codes.All utility facilities shall be designed in accordance with the standards, codes, and
regulations applicable to the type of utility facility. The methods of construction, installation, repair,
maintenance, removal, replacement, adjustment, relocation, and materials used shall conform to the
codes and standards promulgated by the government and by the industry. This shall also include any
road design standards adopted by the county.
(4) Adjustment and Relocation of Existing Utility Facilities.
(A) Existing underground utility facilities on county road right-of-way may be removed or relocated
when road work funded by the county would disturb the existing underground utility facilities.All
such removal or relocation shall be at the sole expense of the operator, and all work must be
accomplished by the same permitting process as for new utility facility installations.
(B) Notwithstanding reinforcement or protection otherwise provided,the operator and its contractors
and subcontractors shall be responsible for the security of all utility facilities within a road
construction zone. Where there are unusual utility hazards or where heavy construction
equipment will be used, the operator and its contractors and subcontractors shall provide
adequate temporary protection. In replacing the roadway, the design should give due
consideration to the protection of previously existing utility facilities in the roadway section
without sacrificing the geometrics of roadway design.
(Ord. 115-06§ 1(part), 2006).
12.24.060 Permits.
(a) General Requirements. For all work in the road right-of-way to construct, install, maintain, repair, removed,
replace, adjust, or relocate utility facilities, a utility permit will be required for each specific project and
location,except for(1)aerial drops,and(2)normal maintenance.
Utility permit applications shall be submitted in writing to the county engineer on forms provided by that
office. No work may be performed within the road right-of-way to construct,install,maintain,repair,replace,adjust,
or relocate utility facilities until after receipt of the returned, approved utility permit, an insurance certificate
conforming to the requirements of this chapter is obtained, a performance bond is obtained when required by the
county engineer, and notification is made to the county engineer indicating when work will commence. In
emergencies only, permission may be granted by the county engineer for commencement of work prior to receipt
by the operator of the approved permit; provided that, as soon as practical thereafter, the operator shall apply for
and obtain a utility permit. The provisions of this chapter shall apply only to utility facilities located above, on, or
under the road right-of-way, properties owned or controlled by the county,and properties that will be dedicated to
the county for road rights-of-way. No utility facility shall be used for other than the purpose stated in the utility
permit,franchise,master road use permit,or private line utility occupancy permit,unless written approval is granted
by the county.
(b) Specific Requirements. When required, utility permit applications shall be submitted in a standard format as
prescribed by the county.The utility permit application shall include the following information:
(1) Agreement to all pertinent provisions of this chapter and to such special conditions as the county may
deem appropriate;
(2) Agreement to indemnify, defend, release, and hold harmless the county, its elected and appointed
officers,and its agents,and employees from and against any and all claims,demands,or causes of action
of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees,
liabilities,damages,orders,judgments,or decrees sustained by the county or any third party arising out
of the presence of the utility facilities in the road rights-of-way, or by reason of, or resulting from the
acts, errors, or omissions of the operator or operator's agents, independent contractors, or employees
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related to or in any way arising out of the construction, installation, repair, maintenance, removal,
replacement,adjustment,relocation,or operation of utility facilities within the county road right-of-way,
or by reason of, or resulting from the acts, errors, or omissions of third parties when arising out of the
installation, construction, adjustment, relocation, replacement, removal, maintenance, of such third
party utility facilities within the road rights-of-way when such work is performed under authority of
operator's utility permit or at the direction or under the control of the operator;
(3) Description of the utility facilities to be installed;and
(4) Adequate exhibits depicting existing or proposed location of the facility in relation to the road,including
right-of-way or easement lines; relationship to currently planned road revisions, if applicable; and all
locations and situations for which deviations in depth of cover (including the proposed method of
protection)or other locational standards are anticipated.
(c) Utility Permit Fees. Utility permit fees, established by resolution and available on the County website and at
the Public Works Permit Center are required to offset the costs of administering the policy for accommodation
of utility facilities on county road rights-of-way,including the orderly recording and maintenance of records of
utilities,the applicant shall pay the reasonable costs to the county for investigating, handling,and granting the
utility permit, including a basic overhead charge for a utility permit application and one-time renewal for one
month with no change in scope from the original utility permit,together with an additional charge for all costs
and expenses, if any, actually incurred by the county in investigation of the application; provided that, no
charge will be made for applications where the applicant is in the United States or any of its agencies, or a
utility anticipating relocation from its private easement acquired or to be acquired by the county for
construction or reconstruction of a county road.
The county engineer is directed to review the inspection and recording fees on a biennial basis and make a
recommendation to the board for adjustment of the application fees. The board shall adjust the inspection and
recording fees from time to time by resolution.
An equitable portion of the added costs of design and construction of highway structures which may be
required to accommodate utility facilities shall be charged to any operator for any necessary relocation of its utility
facilities and/or to any operator making new installations.
(d) Performance/Payment Bond. Before any work commences in the road right-of-way,the county engineer may
require the operator to provide a performance and payment bond for each separate project in an amount to
be determined by the county engineer written by a surety company acceptable to the county risk manager
and authorized to do business in the state of Washington.The purpose of the bond is to insure completion of
construction,including the restoration of surfacing,slopes,slope treatment,topsoil,landscape treatment,and
drainage facilities, cleanup of rights-of-way, and payment of costs incurred by the county to enforce the
requirements of this chapter. The performance and payment bond shall be in effect for a minimum of two
years following acceptance of the work as complete by Mason County.
A project specific performance bond shall not be required for (1) an operator that has in place a blanket
performance bond and,when required,a payment bond maintained by the operator pursuant to the requirements
of the operator's franchise or master road use permit guaranteeing performance of the obligations of the operator
as described therein, or(2)for an operator of private lines operating under a private line utility occupancy permit;
provided that,the work in the road right-of-way is being performed by a licensed and bonded contractor.
A performance and payment bond for work in the road right-of-way will not be required of the United States
Government or any of its agencies or of any municipal corporation or department of the state of Washington and its
local subdivisions.
(e) Joint Occupancy.In the event utility facilities of two or more operators are to occupy a common trench,a basic
utility permit fee and inspection fee will be required for each such utility facility installation.All moneys shall
be paid to the county road fund and no part shall be refundable.
Created: 2024-02-01 12:03:21 [EST]
(Supp.No.66,2-24,Update 1)
Page 11 of 14
(f) Record Drawings. Upon completion of work in the road right-of-way for which a utility permit is required,the
operator shall provide or cause to be provided record drawings to the county engineer in a form acceptable to
the county engineer, depicting at a minimum the location, alignment, and depths of the utility facilities
installed or relocated.The county engineer may accept Global Positioning Satellite(or equivalent)coordinates
in lieu of record drawings and encourages providing record drawings in an electronic form and format
acceptable to the county engineer.
All record drawings shall be provided in an electronic form and format acceptable to the county engineer for
inclusion on the county's GIS database.
(Ord. 11S-06§ 1(part), 2006).
12.24.100 Protection of county and residents.
(a) Indemnification Required. Every franchise, master road use permit, and private utility line occupancy permit
issued to an operator shall include an adequate agreement from the operator to indemnify, defend, release,
and hold harmless the county, its elected and appointed officers, and its agents, and employees from and
against any and all claims,demands,or causes of action of whatsoever kind or nature,and the resulting losses,
costs, expenses, reasonable attorneys' fees, liabilities, damages, orders,judgments, or decrees sustained by
the county or any third party arising out of the presence of the utility facilities in the road rights-of-way,or by
reason of, or resulting from the acts, errors, or omissions of the operator or operator's agents, independent
contractors, or employees related to or in any way arising out of the construction, installation, repair,
maintenance, removal,replacement,adjustment, relocation,or operation of utility facilities within the county
road right-of-way.
(b) Insurance.
(1) Except as provided at subsection(b)(2)of this section for private line utility facilities,every operator shall
have and maintain adequate insurance in a form and with coverages and limits sufficient,in thejudgment
of the Mason County risk manager,to protect the county.
The required insurance shall cover all liability of the operator arising out of, or related to, the
operator and its officers',directors',employees',contractors',subcontractors',and agents'performance
or nonperformance, under the franchise, master road use permit,or utility permit, or arising out of the
presence of the operator's utility facilities in the road rights-of-way, or arising out of the installation,
construction, adjustment, relocation, replacement, removal, maintenance, or operation of the
operator's utility facilities in the road rights-of-way,or by reason of,or resulting from the acts,errors,or
omissions of third parties when arising out of the, installation, construction, adjustment, relocation,
replacement, removal, or maintenance of such third party utility facilities within the road rights-of-way
when such work is performed under authority of the operator's utility permit or at the direction or under
the control of the operator;all such liability includes,without limitation,any negligence of the operator
and its officers,directors, employees,contractors,subcontractors, and agents.
Policies shall be issued by companies authorized to do business under the laws of the state of
Washington and with financial ratings acceptable to the Mason County risk manager.The insurance shall
include blanket contractual coverage, including coverage for written contracts and specific coverage for
the indemnity provisions set forth in the franchise,master road use permit,private line utility occupancy
permit, and utility permit.
The county shall be named as an additional insured, without limitation, on the general liability
policy.
(2) An operator of private line utility facilities meeting the following requirements shall not be required to
comply with the insurance requirements of subsection (b)(1)of this section:
Created: 2024-02-01 12:03:21 [EST]
(Supp.No.66,2-24,Update 1)
Page 12 of 14
(A) The utility facilities are permitted under a private utility line occupancy permit;
(B) The work in the road right-of-way is performed by a licensed and bonded contractor;and
(C) The contractor performing the work provides a certificate of insurance to the county in a form and
with coverages and limits sufficient,in the judgment of the Mason County risk manager,to protect
the county.
The insurance required from the contractor shall cover all liability of the contractor, its
subcontractors, and their agents' arising out of work performed in the public rights-of-way,
including, without limitation, any negligence of the contractor and its officers, directors,
employees, contractors,subcontractors, and agents.
The county shall be named as an additional insured, without limitation, on the general
liability policy.
(3) If the operator or contractor does not have the insurance required pursuant to subsections (b)(1) and
(2),the county may order the operator or contractor to stop any activity in the road rights-of-way until
the insurance is obtained and approved.
(c) Performance/Payment Bonds.Every operator shall be required to obtain performance bonds and,if necessary,
payment bonds,to ensure the faithful performance of its responsibilities under any franchise or master road
use permit.
The minimum amount of the performance/payment bond necessary to achieve the purpose of the bond
requirement for a franchise or master road use permit shall be set by the county engineer based upon such factors
that relate to the risk to the county and nonperformance by the operator.The performance and/or payment bond
shall be a minimum of twenty-five thousand dollars. The amount of the performance and/or payment bond may,
from time to time, be increased or decreased to reflect changes in risks to the county. The requirement for a
performance and/or payment bond may be waived for public entities or operators determined by the county
engineer to be operators in good standing.
The performance and/or payment bond shall be in a form acceptable to the county engineer;be with a surety
company authorized to do business in the state of Washington with financial ratings acceptable to the Mason County
risk manager;and,shall provide that it cannot be revoked during the term of the franchise or master road use permit
and for two years thereafter.
(Ord. 115-06§ 1(part), 2006).
12.24.110 Transfer/change of control.
(a) No franchise or master road use permit may be transferred without:
(1) Prior written notice to the county;
(2) Execution of an agreement with the county unconditionally providing that the transferee will be bound
by all the conditions of the applicable franchise or master road use permit and will assume all the
obligations of its predecessor;
(3) Resolving or preserving to the satisfaction of the county any outstanding compliance issues;and
(4) Filing or establishing with the county the insurance certificates,security fund,and performance bond as
required pursuant to this chapter.
(b) A transfer shall not in any respect relieve the operator,or any of its successors in interest,of any obligation or
liability occurring prior to the transfer,or of responsibility for acts or omissions occurring prior to the transfer,
Created: 2024-02-01 12:03:21 [EST]
(Supp.No.66,2-24,Update 1)
Page 13 of 14
known or unknown, or the consequences thereof, including the review of past performance for purposes of
determining whether the franchise or master road use permit should be renewed.
(Ord. 115-06§ 1(part), 2006).
12.24.120 Remedies/violation/penalties.
(a) Revocation or Termination of Franchise/Master Road Use Permit.A franchise or master road use permit may
be revoked upon notice and opportunity to cure for any one or more of the following reasons:
(1) Construction or operation at an unauthorized location;
(2) Unauthorized transfer of the operator's franchise or master road use permit;
(3) Unauthorized sale,assignment, or transfer of the operator's franchise assets or an interest therein;
(4) Misrepresentation by or on behalf of an operator in any application to the county;
(5) Abandonment of utility facilities in the road rights-of-way. Abandonment of a utility facility shall be
presumed when a utility facility has not been used for a continuous period of twelve months or the
appearance and condition of the utility facility together with the lack of maintenance or repair would
lead a reasonable person to believe that the utility facility has been abandoned;
(6) Failure to relocate,adjust,or remove facilities as required in this chapter;
(7) Failure to pay taxes, compensation,fees,or costs when and as due to the county;
(8) Insolvency or bankruptcy of the operator;
(9) Violation of a material provision of this chapter;and/or
(10) Violation of a material term of a franchise or master road use permit.
(b) Revocation/Termination of Private Utility Line Occupancy Permit. The county engineer may terminate or
revoke a private line utility occupancy permit at any time upon thirty days' written notice, with or without
cause.
(c) Penalties/Violation.
(1) Misdemeanor. Any person violating any of the provisions of this chapter shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding one thousand
dollars or by imprisonment for not more than ninety days,or by both such fine and imprisonment. Each
person,found guilty of a violation shall be deemed guilty of a separate offense for every day during any
portion of which any violation of any provision of this chapter is committed,continued,or permitted by
such person,firm, or corporation and shall be punishable therefor as provided for in this chapter.
(2) Civil Infractions. The violation of any provision of this chapter is designated as a Class I civil infraction
pursuant to Chapter 7.80 RCW.
(3) Notwithstanding the existence or use of any other remedy,the county may seek legal or equitable relief
to enjoin any acts or practices and abate any conditions which constitute or will constitute a violation of
this chapter.
(Ord. 115-06§1(part),2006).
Created: 2024-02-01 12:83:21 [EST]
(Supp.No.66,2-24,Update 1)
Page 14 of 14
ATTACHMENT F
14.28.110 Road signs.
All traffic signs and installations shall conform to the latest edition of the Manual on Uniform Traffic Control Devices
(MUTCD),as adopted by the Secretary of the Washington State Department of Transportation per RCW 47.36.030.
(a) All roads maintained by Mason County shall display the proper signing, including road name and district
indicator.
(b) Mason County shall be responsible for the placement and maintenance of all road signs required for
implementing this ordinance for county-maintained roadways.
(c) Roadways within Mason County, maintained and signed by the Washington State Department of
Transportation,will be the responsibility of that department.
(d) Private roads not maintained by Mason County shall be signed in conformance with this ordinance within thirty
days of naming the private roadway.
(e) Parcel owners using the private roadway shall be responsible for the cost and maintenance of private road
signs.
(f) Streets and roads shall be identified with approved signs.
(g) Signs shall be of green permanent waterproof materials with white reflective lettering.All sign supports shall
be of a breakaway design, having the ability to break away if struck by a vehicle.
(h) The sign shall be a minimum height of seven feet from the bottom of the sign to surface of the ground, for
visibility.
(i) The sign shall be located as to not interfere with site distance or road maintenance operations.
0) Private road signing, placement and maintenance shall be the responsibility of the property owner(s).
(Ord. No.44-10,5-25-2010;Ord. No. 32-13, 6-18-2013)
Created: 2023-OS-24 11:42:41 [EST]
(Supp.No.63,5-23,Update 1)
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