The ABCs of county roads

Ordinances for the classifications of area service level B and C roads in Clarke County may be changing.

Two public hearings will be held Monday by the Clarke County Board of Supervisors to discuss a proposed ordinance amendment to level C roads, and a proposed ordinance for level B roads; area service system roads are public roads outside of municipalities.

Level B

The first hearing will be held at 9:05 a.m. for proposed Ordinance No. 40, “Area Service ‘B’ Road Maintenance Ordinance.” The ordinance will look to give the county authority to classify certain roads as area service “B” to provide for reduced levels of maintenance after consultation with the county engineer. Area service system A roads are those that are maintained to conform with state statues.

The proposed ordinance will define level B roads as those that “shall not require standards maintenance equal to farm to market or level A roads. All dirt or earthen roads are presumed and shall be classifieds as level B roads unless otherwise noted.”

Level B roads will not include what would be considered a driveway or private lane to a dwelling or building.

Section 7 of the proposed ordinance discusses the maintenance policy of level B roads. Only minimum effort, expense and attention will be given to level B roads to allow them to remain open for the flow of traffic.

Bridges on level B roads may not be maintained to carry legal loads, but appropriate postings will be made to let drivers know of load limitations. In the event of the failure or loss of a structure such as a bridge or culvert, replacement will be determined on the basis of traffic pattern and the priority of the county, including the availability of funds.

Blading, snow and ice removal, sanding and salting, spraying or mowing of weeds, cutting brush, tree removal, road surfacing, shoulders, crowns and repairs will not be maintained on a regular basis.

Adequate sight distances and uniform road width will not be maintained. Regular inspections of level B roads will not be conducted.

Points of access to level B roads will have signage warning the public of the lower level of maintenance on those roads. The county will phase in level B warning signs within three years of the ordinance going into effect.

Level C

A proposed amendment to Ordinance 41 “Area Service ‘C’ Road Maintenance Ordinance,” will be held at 9:10 a.m. Monday. The proposed amendment will affect Ordinance No. 26.

Similar to the level B proposed ordinance, the proposed amendment to Ordinance No. 41 will allow for certain roads to be classified as level C by the county for a reduced level of maintenance effort; level C roads also have restricted access.

In the resolution for ordinance No. 26 passed by the Board of Supervisors March 24, 2008, access for level C roads is only allowed for,

“...the owner, lessee, or person in lawful possession of any adjoining land, or the agent or employee of the owner, lessee, or person in lawful possession, to the agent or employee of any public utility, or to any peace officer, magistrate, or public employee whose duty it is to supervise the use or perform maintenance of the road.”

The proposed amendment shortens the language to state “the persons who will have access rights to the road.”

The restriction of access will be accomplished by way of a gate or other barrier as determined by the county engineer. The current ordinance states that the gate will be purchased, installed and maintained by the adjoining landowners. If the gate is not maintained, the county may remove the gate. The proposed amendment would see the county purchase and install a gate, with the maintenance of said gate still the responsibility of the adjoining landowners.

Signs shall be installed and maintained by the county at all access points to a Service System C road from other public roads, warning the public of its limited access.

Entering a Level C road with justification, being requested to not enter, to remove or vacate the road by persons lawfully allowed to access the road will be defined as a trespass.

Reclassification of this type of road will be by petition submitted to the board of supervisors. A petition must be signed by one or more adjoining landowners, and the supervisors will have 60 days from receipt of the petition to approve or deny a request for reclassification.

In instances of both B and C roads, the county has an exemption from liability for any injuries to a person, or damages to vehicles or equipment that might occur as a result of the road’s maintenance, as maintained in the ordinances.

Notices of the public hearings were published in the April 17 paper. Copies of the proposed ordinances and amendments are available at the Clarke County Auditor’s office.