A Franchise Agreement grants a utility or other qualifying entity the right to construct, operate, maintain, repair, replace, and remove facilities within Benton County road rights-of-way.

Franchises are authorized under Chapter 36.55 RCW and are granted by the Benton County Board of County Commissioners (BOCC). A franchise establishes the legal right to occupy County right-of-way but does not authorize construction activities.

A separate Right-of-Way Construction Permit is required before any construction, excavation, installation, maintenance, or other work is performed within the County right-of-way.

Who Needs a Franchise?

A franchise is generally required for utility providers and other qualifying entities that intend to install, own, operate, or maintain facilities within Benton County road rights-of-way on an ongoing basis.

Examples include:

  • Water utilities.
  • Sewer utilities.
  • Electric utilities.
  • Natural gas providers.
  • Telecommunications providers.
  • Fiber optic providers.
  • Telephone companies.
  • Cable television providers.
  • Other public or private utility providers authorized by law.

A franchise grants the legal authority to occupy Benton County right-of-way for utility facilities for the term of the agreement.

What Does a Franchise Allow?

A franchise may authorize the placement, operation, maintenance, repair, replacement, and removal of utility facilities within Benton County right-of-way, including:

  • Water mains.
  • Sewer mains.
  • Natural gas pipelines.
  • Electrical distribution facilities.
  • Fiber optic cable.
  • Telecommunications facilities.
  • Telephone lines.
  • Cable television facilities.
  • Other utility infrastructure approved by Benton County.

The specific rights granted are identified in the executed Franchise Agreement.

Before You Apply

Franchise applications are submitted through Benton County's (CSS) Portal, but the application itself is not completed online.

Before beginning your application:

  • Download the Franchise Agreement Application from this webpage.
  • Complete and sign the application.
  • Gather any supporting documentation requested by Benton County Public Works.
  • Upload the completed application and supporting documents through the CSS Portal.

Benton County uses the CSS Portal to receive applications, maintain electronic records, and track franchise agreements and associated documents. Preparation of the franchise agreement, coordination with the applicant, review of supporting documents, and the Board of County Commissioners approval process are completed outside of CSS by Public Works staff.

Applicants are encouraged to contact Public Works before submitting an application to discuss the proposed franchise and any project-specific requirements.

Required Documents

A complete application must include the following document uploaded through the CSS Portal.

Franchise Agreement Application

Download the Franchise Agreement Application from this webpage, complete all required information, sign the application, and upload it through the CSS Portal.

The application should provide sufficient information for Benton County to evaluate:

  • The applicant or utility provider.
  • The type of utility service being provided.
  • The proposed use of the County right-of-way.
  • The general location of the facilities.
  • Any additional information requested by Public Works.

Depending on the proposed franchise, Benton County may request additional supporting documentation during the review process, including:

  • Maps or exhibits.
  • Insurance certificates.
  • Legal descriptions.
  • Draft agreement revisions.
  • Other documentation necessary to complete the review.

Application Completeness

Benton County Public Works will not review incomplete applications.

A complete application must include:

  • A completed and signed Franchise Agreement Application.
  • All required supporting documentation available at the time of application.

Additional information may be requested during the review process as necessary.

Incomplete applications will not enter the review queue until all required information has been received.

Review Process

Once a complete application has been submitted through the CSS Portal:

  1. Public Works reviews the application and supporting documentation for compliance with Benton County requirements and Chapter 36.55 RCW.
  2. Staff works directly with the applicant to prepare the proposed Franchise Agreement, coordinate insurance certificates, exhibits, legal descriptions, and any additional information necessary to complete the review.
  3. Once the agreement has been finalized, Public Works schedules the franchise for consideration by the Benton County Board of County Commissioners. Chapter 36.55 RCW requires a public hearing before the Board, and notice of the hearing will be published as required by state law. Costs associated with the required public notice are the responsibility of the applicant.
  4. Following the public hearing, the Board of County Commissioners may approve, deny, or approve the franchise with conditions.
  5. If approved, the Franchise Agreement is executed and becomes effective according to its terms.
  6. Benton County uses the CSS Portal to maintain electronic records of franchise agreements, supporting documentation, and expiration dates for agreements, insurance certificates, and other required documents. Public Works also maintains official project files in accordance with County record retention requirements.

Franchise Conditions

Franchise Agreements are subject to the conditions established by Benton County and applicable Washington State law.

Important provisions include:

  • A franchise grants the legal right to occupy Benton County right-of-way but does not authorize construction activities.
  • A separate Right-of-Way Construction Permit is required before performing work within the County right-of-way.
  • Franchise holders are responsible for restoring County roads, shoulders, drainage facilities, and other infrastructure affected by their work.
  • Franchise holders may be required to relocate their facilities, at their own expense, when necessary to accommodate future County road improvements or other public projects.
  • Franchises are non-exclusive and do not grant exclusive use of the County right-of-way.
  • Under Chapter 36.55 RCW, franchise terms may not exceed fifty (50) years.
  • Franchise holders are responsible for maintaining all insurance and other requirements identified in the Franchise Agreement throughout its term.

Before You Begin Your CSS Application

Before starting your application, verify that you have:

☐ Downloaded the Franchise Agreement Application from this webpage.

☐ Completed all required applicant information.

☐ Signed the application.

☐ Gathered any supporting documentation available at the time of application.

☐ Uploaded the completed application and supporting documents through the CSS Portal.

Incomplete applications or applications missing required documentation will not be accepted for review.

Questions?

If you have questions regarding Franchise Agreements, application requirements, or the review process, please contact Benton County Public Works Development Review before submitting your application.

Email: pwpermits@co.benton.wa.us

Phone: (509) 786-5611