In order to clarify the county’s obligations regarding the installation and maintenance of roadside culverts within the county’s right-of-way, the County Commissioners hereby establish the following as the policy on all culverts.
(A) The filling of any county roadside ditch for the benefit of the landowner, which may require the installation of a storm drain culvert, shall be governed by County Ordinance O-C-02-5 (as codified in § 151.01) requiring the landowner to secure a permit from the County Highway Department, approved by the County Highway Engineer, and the purchase of the culvert by the landowner. This section pertains to the new installation of driveways, field entrances and the filling of ditches for the aesthetic purposes of the landowner.
(B) While the county may install residential driveway and field entrance pipes or culverts, installation of pipes or culverts for any purpose other than a residential driveway or field entrance shall be the landowner’s responsibility.
(C) The maintenance of existing roadside culverts under driveways, field entrances and enclosed drains installed by the landowner to cover the otherwise open ditch adjoining their property is the responsibility of the landowner as provided in § 151.01. If the culvert or enclosed drain becomes obstructed, deteriorated or otherwise insufficient, the county will remove the drain after proper and adequate notification to the landowner, as provided in § 151.01.
(D) Improvements to roadside ditches for the benefit of the county shall be defined as any ditching performed by the county in preparation for the paving of roads and streets within the county and for the correction of drainage problems along the county road system. The correction of drainage problems caused by the nonexistence or inadequacy of one or more individual’s culvert or enclosed drain within the county right-of-way may require the landowner to purchase a properly sized culvert if access to their property is to be maintained.
(E) This policy supersedes and replaces any and all other policies on roadside culverts in effect prior to the effective date of this policy. This policy is to take effect upon adoption.
(Policy passed 12-2-2002)