(A) General.
(1) No person shall enclose any storm drain or ditch on the county road right-of-way, or install any culvert, pipe, tile, or tube therein, unless a permit has been issued therefor from the County Highway Department.
(2) Any landowner who wishes to install a residential driveway culvert or field entrance on county road right-of-way shall, prior to installation, apply for a permit from the County Highway Department. Any permit which is issued shall specify the minimum diameter of pipe required. The permit may specify the material the culvert is made from and the amount and content of the cover.
(3) Any landowner who wishes to enclose a roadside ditch or storm drain on the county road right-of-way for any purpose other than a residential driveway or field entrance shall, prior to installation, apply for a permit from the County Highway Department. The landowner shall provide the Highway Department with a detailed drawing of the proposed work, specifying the length of ditch to be enclosed, location of inlets, and any other relevant information. Any permit which is issued shall specify the minimum diameter of pipe and the grades of the surface and fill which shall be required.
(4) The installation of the culvert or pipe shall be performed according to the specifications set forth in the permit.
(5) The costs of the culvert or pipe, and all fill and labor, shall be at the expense of the landowner. All maintenance and cleaning of obstructions shall be the responsibility of the landowner. If the storm drain or culvert becomes inadequate, or if it is improperly installed in violation of the permit, the landowner shall bear the expense of correcting the violation. The County Highway Department may remove any storm drain or culvert in the county road right-of-way if such drain remains obstructed.
(6) The minimum diameter of a pipe or culvert allowed in the county right-of-way shall be 15 inches. The minimum length of a pipe or culvert for a residential driveway or field entrance shall be 20 feet.
(7) The County Board of Commissioners shall have the right to change or amend the permit approval procedure, and to delegate that responsibility to the County Engineer, or if there is no Engineer, then the County Highway Superintendent as the employee to develop the permit forms, and to approve or deny the permits described herein.
(B) Policy. 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 such culverts.
(1) 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 division (A) above, requiring the landowner to secure a permit from the County Highway Department, approved by the County Engineer or the County Highway Superintendent, and the purchase of such culvert by the landowner. This section pertains to the new installation of driveways, held entrances, and the filling of ditches for the aesthetic purposes of the landowner.
(2) 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.
(3) The maintenance of existing roadside culverts under driveways, field entrances, and enclosed drains installed by the landowner to cover the otherwise open ditch adjoining his or her property is the responsibility of the landowner, as provided in division (A) above. If such culvert or enclosed drain becomes obstructed, deteriorated, or otherwise insufficient, the county will remove said drain after proper and adequate notification to the landowner, as provided in said division (A) above.
(4) IMPROVEMENTS TO THE 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 his or her property is to be maintained.
(5) Where the county makes improvements to a county roadside ditch, and in doing so creates a potential safety hazard to the traveling public, and where it is determined by the County Engineer or Highway Superintendent that the installation of a guardrail is warranted, the property owner may request the installation of an enclosed drain in lieu of the guardrail. However, if the property owner elects to enclose such drain, he or she shall purchase the pipe and any required inlet structures. The county will furnish labor, and all other materials necessary, to install such pipe.
(Ord. 2013-12, passed 12-2-2013; Ord. 2020-01, passed 3-3-2020) Penalty, see § 153.99