Section 12-4

SAMPLE — not an adopted ordinance. This text is for demonstration only.

Section 12-4. Excavation of dirt roads.

(a) Purpose. Miller County maintains dirt roads for public travel. Digging, scraping, or otherwise excavating those roads can leave ruts, block ditches, and wash out the surface after rain.

(b) Approval required. No person shall excavate, ditch, culvert, bore under, or otherwise open a county dirt road or its shoulder without written approval from the Miller County road department. Utility work, driveway ties, and drainage work are included.

(c) Notice. The person doing the work shall give the road department at least 48 hours' notice before work starts, except when the road department agrees that emergency repairs cannot wait. The notice shall name the road, the location, and the date the surface will be reopened to traffic.

(d) Culverts. A driveway or crossing culvert shall be sized and set so that it carries the ditch flow. A crushed, buried, or undersized culvert shall be reset or replaced before the work is accepted.

(e) Restoration. The person who opens the road shall restore the traveled surface, the shoulder, and the roadside ditch to a condition as good as before the work. Loose spoil shall not be left in the ditch. The road department may require additional rock or grading when the repair ruts under traffic.

(f) Drainage. Work shall not block a ditch, a culvert, or the natural flow of water off the road.

(g) Stop work. The code enforcement officer or the road department may order work stopped until approval, notice, and restoration are complete.

(h) Penalty. A violation of this section is subject to a notice of violation, a compliance deadline, and the other remedies of this code. The county may recover the cost of repairs it has to make.