9-1-2: CATTLE GUARDS:
Cattle guards may be installed on public roads and streets upon approval of the local highway agency having jurisdiction. Cattle guards shall require a permit from the approving local highway agency in accordance with the highway standards and development procedures for the Weiser Valley highway district and Washington County, Idaho.
Cattle guards shall be constructed in accordance with the following regulations:
   A.   The initial cattle guard shall be purchased by the owner, and not the local highway agency, and shall be constructed of metal, and shall generally be sixteen feet (16') in length; the exact length to be determined by the width of the road; and a span of at least seven and one-half feet (71/2'). The exact length and span will be determined by the local highway agency road supervisor.
   B.   Prior to purchase of a cattle guard by the owner, the owner must file an application with the local highway agency commissioners setting out the exact location of the cattle guard. The application form will include a statement as to the length and span of the cattle guard to be determined by the local highway agency road supervisor.
   C.   Placement of the cattle guard shall be made by the local highway agency and shall be maintained by the local highway agency. After placement of the initial cattle guard, the cattle guard shall become the responsibility of the local highway agency. When replacement is necessary, as determined by the local highway agency road supervisor, the local highway agency shall be responsible for the cost of a replacement cattle guard. At replacement the initial cattle guard purchased shall be returned to the landowner(s) including bases and side supports. Replacement cattle guards are the property of the local highway agency. Fences and gates attached to cattle guards are not the responsibility of the local highway agency to maintain.
   D.   Any person in the act of rescue of livestock trapped within the cattle guard that causes damage to the structure shall report the damage and reason damage occurred to the local highway agency for repairs immediately.
   E.   If a cattle guard is deemed by the landowner in writing as no longer necessary, or the reason for the original permitted intent of the structure no longer exists, the local highway agency shall have the option to remove it and use it for repairs or replacement elsewhere as determined by the local highway agency road supervisor.
   F.   Upon approval of this section, all cattle guards currently in service on county-maintained roads, easement and rights-of-way shall become the responsibility of the appropriate local highway agency and shall thereafter be maintained and/or replaced as set forth herein.
   G.    All cattle guards must meet Idaho H.S. 20 load ratings.
   H.   This section does not pertain to cattle guards owned or within the boundaries of lands managed by the federal government, the state of Idaho, or within a recognized heard district under Idaho Code Title 25 Chapter 24. (Ord. 78, 2-16-2016; amd. Ord. 94, 3-18-2024)