Planning commission approves retroactive power-line amendment for gravel pit, requires line moved to middle of easement

The Eastern Summit County Planning Commission approved a retroactive amendment to a gravel pit's conditional-use permit on a motion to require the electrical line serving the operation be moved to the middle of a 50-foot utility easement.

Neighbors had asked the commission to reject the amendment or impose stronger mitigation after saying utility towers and a transmission line were constructed without permits and placed close to residential property. "The power transmission lines were built without a conditional use permit," said Larry Vernon, a descendant of long-time local landowners, during the public hearing. Vernon asked whether county enforcement or prosecution had been pursued and urged the county to require burial or relocation of the lines.

The applicant and the pit operator said the original conditional-use permit exists for the gravel pit and said Rocky Mountain Power installed the transmission poles. A company representative told the commission the line would reduce reliance on noisy, polluting generators and said the operator had invested in site improvements. "We spent about $500,000 getting this pit into what we believe is a better gravel source," an operator representative said, noting power lines and setbacks had been addressed after construction.

County counsel advised the commission that, under the county development code as currently written, poles and overhead lines are excluded from the county's definition of "structure," meaning those elements are not treated the same as buildings for height and setback rules. Counsel said she had not completed research into every definitional or legal angle but read the applicable code language aloud for the record.

Commissioners discussed mitigation options that could have been required if the project had come before the commission in advance, including burying the line or placing poles down the center of the easement to reduce visual and property impacts. Commissioners also noted that burying lines typically shifts costs to ratepayers because utilities may require customers to fund undergrounding.

Chair moved to approve the amendment with the specific condition that the extension be placed in the middle of the 50-foot utility easement. The motion was seconded and carried; commissioners said "aye," and the commission recorded approval with that condition.

Next steps: the approval is recorded on the planning commission's minutes and, if appealed by any party, would proceed to the county council for review. The county attorney and community-development staff signaled they would continue to work with the operator and utility on compliance and on possible enforcement options if necessary.

The transcript contains extensive public testimony and technical discussion about whether the line exceeds 600 volts (which speakers identified as high-voltage under state rules) and whether additional state permitting (for example, through the Utah Public Service Commission) applies. Those claims were made during public comment and were not resolved during the meeting.

Outcome: Approval with condition to move the new electrical line to the middle of the easement; no fines or enforcement action was announced at the meeting.