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The Legislature’s Facilities and Infrastructure (F&I) Committee took a first look last Friday at a proposed new local law that would regulate heavy commercial use of County highways to protect those public roads from damage.

The purpose of the proposed law would be “to maintain the safety and general welfare of County residents by regulating heavy commercial uses of County roads that have the potential to adversely affect such roads” and would temporarily exclude certain commercial traffic that could cause such damage. The proposed amendment to the County Code focuses on any non-permanent commercial activity, whether located within or outside the County, which generates “high frequency, high impact truck traffic”—traffic to or from a single project site generating more than ten truck trips per day for more than three days in a week, involving trucks with a gross weight that exceeds 20 tons, such as could occur in businesses such as timber harvesting, mining, and natural gas drilling.

The law would establish procedures of posting notice on county highways that could be affected by such temporary projects, a system of permitting for those seeking exemption for vehicles that provide essential local pick-up or delivery, and bonding to ensure that the condition of County roads, shoulders, and related highway structures is not adversely affected by such truck traffic.

The committee voted 3-1 (Legislators Mike Lane, David McKenna, and Pam Mackesey voting in favor; Chair Dooley Kiefer dissenting) to recommend the proposed local law for further review.  Chair Kiefer noted her vote did not reflect opposition to the initiative itself, but her belief that a committee vote now is premature with further review necessary before the committee acts.  The measure will next be reviewed by the Government Operations Committee and may return to F&I before proceeding to the Legislature.  As a local law, a public hearing would also be held prior to any vote to amend the County Code.

Planning and Public Works Commissioner Ed Marx told the committee the measure would create an added administrative burden for the Highway Division related to the posting and permitting process, but said it would appear to be the best available approach to protect highways from damage from heavy commercial use.

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