Ordinance No. 2026-01 (Formerly 2025-24) Telecommunications Conduit Standards (Approved 012726)ORDINANCE NO. 2026-01 (Formerly Ordinance No. 2025-24)
AN ORDINANCE of the City of Bainbridge Island, Washington, relating to
communications systems; modifying Section 19.02.050 of the Bainbridge Island
Municipal Code to introduce standards for telecommunications conduit.
WHEREAS, demand for access to high-speed telecommunications services is growing,
and in order to meet this demand, telecommunications service providers routinely
install telecommunication lines in public rights-of-way; and
WHEREAS, in other jurisdictions, the demand for access and the number
of telecommunications service providers has sometimes resulted in multiple, serial excavations
within the public rights-of-way. Each such excavation can and does result in traffic disruption, a
weakening of pavement integrity, and a shortening of the useful life of paved surfaces; and
WHEREAS, the City of Bainbridge Island has not experienced an inordinately high
demand for use of the public rights-of-way by telecommunications service providers, but in order
to responsibly manage its public rights-of-way, the City should anticipate such demand in the
future and plan accordingly; and
WHEREAS, requiring that conduit be installed in newly constructed public streets and
rights-of-way in order to accommodate the anticipated future demand for access
to telecommunications services will assist the City in responsibly managing its public rights-of-
way by:
a. Reducing or eliminating the need for excavation within public streets and rights-of-
way when telecommunications service providers seek to locate
underground telecommunications facilities within such streets and rights-of-way in the future;
b. Reducing or eliminating the traffic disruption that occurs whenever excavation
associated with installing telecommunication service lines/conduit occurs within streets and
public rights-of-way;
c. Reducing or eliminating the loss of pavement integrity and diminishment of the
useful life of pavement that occurs whenever paved streets and rights-of-way are cut and
excavated within; and
d. Meeting the needs and desires of the public for current and future access to high-
speed telecommunications services and the needs and desires of telecommunications service
providers to locate service lines/conduit within the public streets and rights-of-way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 19.02.050.B of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
10. Whenever any new public street is constructed, whether by the city as a public works
project or by a private party in conjunction with development, the following shall be required:
a. In all new local access public streets serving or abutting residential
development, a conduit of a sufficient diameter and containing interducts of sufficient number
and diameter to accommodate a minimum of two telecommunication lines shall be installed by
the party constructing the street.
b. In all new collector or secondary arterial public streets serving or abutting
residential development, and in all new public streets serving or abutting nonresidential
development, a conduit of a sufficient diameter and containing interducts of sufficient number
and diameter to accommodate a minimum of four telecommunication lines shall be installed by
the party constructing the street unless otherwise approved by the city engineer.
c. In addition to installing conduit, the party constructing the street will be
required to install such vaults and other appurtenances as may be necessary to accommodate
installation and connection of telecommunication lines within the conduit.
d. All construction and installation shall be accomplished according to
construction standards adopted by the city engineer or per engineering plans and specifications
approved by the city engineer. All standards or engineering project approvals shall include due
consideration given to existing and anticipated technologies and industry standards.
e. All conduit and appurtenances installed by private parties pursuant to this
section shall be conveyed and dedicated to the city with the dedication and conveyance of the
public street and/or right-of-way. The City reserves the right to transfer ownership of facilities to
agencies or providers in accordance with applicable laws and policies.
f. Any and all installation costs shall be the responsibility of the party
constructing the public street.
11. Whenever conduit installed or to be installed under this section is available or will
become available within a newly constructed public street or right-of-way upon dedication,
all telecommunications service providers thereafter locating telecommunication lines within such
street or right-of-way shall be required to locate their communication lines within
such conduit unless it can be demonstrated to the reasonable satisfaction of the city engineer that
such location is not technologically feasible or reasonably practicable. Conduit capacity shall be
allocated to telecommunications service providers on a first-come, first-served basis; provided,
that the city may reserve capacity within such conduits for its own use; and provided further, that
the city engineer may adopt additional rules for conduit allocation in order to ensure that
all telecommunications service providers have reasonable access to the city’s rights-of-way and
that no barriers to entry or competition result from the allocation of conduit space.
12. The city reserves the right to charge reasonable fees for the use of conduit installed
pursuant to this section, to the extent consistent with and as limited by federal and state laws and
regulations. Any such fees shall be established by resolution or ordinance.
1013. No tree trimming in the city’s right-of-way shall be performed without the
permission of the city and other affected authorities, and tree trimming must be performed in
strict accordance with the city code.
1114. Within 48 hours 5 business days after notice from the city, a communications
system operator shall provide a plan and schedule for removing any graffiti on any part of its
communications system in the public rights-of-way (including, by way of example and not
limitation, equipment cabinets). If the operator fails to meet the agreed upon plan, the city may
remove the graffiti and bill the operator for the cost thereof.
Section 2. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 3. This ordinance shall take effect and be in force five (5) days from its passage
and publication as required by law.
PASSED by the City Council this 27th day of January, 2026
APPROVED by the Mayor this 27th day of January, 2026.
Clarence Moriwaki, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
PASSED BY THE CITY COUNCIL: January 27, 2026
PUBLISHED: February 2, 2026
EFFECTIVE DATE: February 6, 2026