(A) Any landowner shall have the right to petition the Board of Commissioners for a variance which allows for filling and seeding within a county road right-of-way. Such variances shall be granted at the discretion of the Board of Commissioners and may be allowed after a review by the County Highway Department, the County Highway Engineer, and the County Surveyor which confirms that the existing conditions provide adequate drainage of the county road by virtue of culverts and drainage tile.
(B) In the event existing conditions do not provide for adequate drainage but the landowner still desires a filled and seeded side ditch within a county road right-of-way, a variance may be granted by the Board of Commissioners in the event the landowner agrees to install culverts and drainage tile at the landowners expense which meet county specifications in order to provide for proper drainage. Provided however, any variance granted hereunder shall be conditioned upon final inspection and acceptance of the improvements by the County Highway Superintendent, Engineer, and Surveyor and proof of payment for all costs of material and labor related to the improvements.
(Ord. 1996-1, passed 2-5-1996)