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Requirements for Utility and All Other Construction
in Mason County Right-Of-Way

On January 8th, 2001, the Federal Government imposed new requirements on Mason County to protect endangered salmon and trout species under the Endangered Species Act. Some of these requirements will be imposed after a grace period, but activities in County right-of-way will be regulated immediately as of January 8th. These activities include all normal maintenance and construction activities, to include maintenance and construction of utilities and private accesses in the county right-of-way.

As the land owner of the right-of-way, Mason County will be required to ensure any person or party doing work in the County right-of-way does this work in compliance with the new federal requirements.

Mason County is responsible to ensure all construction and maintenance is done in compliance with the new federal requirements.

To do this, Mason County will do the following:

On January 8th, 2001, all maintenance work in Mason County right-of-way shall be done in accordance with the Regional Road Maintenance Endangered Species Act Program Guidelines. This document specifies procedures for doing maintenance in the vicinity of endangered species and their habitat that will result in no harm to the species or habitat.

Any construction work that can be done under the "umbrella" of these guidelines may be permitted by Public Works. Any construction work that cannot by covered by these guidelines will not be permitted until the applicant has obtained the required permits directly from the National Marine Fisheries Service or US Fish and Wildlife Service.

Utility Companies are strongly encouraged to apply directly to the National Marine Fisheries Service for approval to do normal maintenance and construction either in accordance with these guidelines or per individually-negotiated procedures. This approval is described under Section 4(d) of the Endangered Species Act, and is referred to as "4(d) Coverage."

Anyone seeking additional information can refer to the following web sites:

For general information on the Endangered Species Act, including 4(d) coverage, go to the National Marine Fisheries Service website

To view the Regional Road Maintenance Endangered Species Act Program Guidelines, go to the King County website at: www.metrokc.gov/roadcon/bmp/outcome.htm