68-543a. In counties not under county united road system; culverts over ditches in front of private property; costs; additional culverts or new entrances; procedures; penalty.
68-543a
68-543a. In counties not under county united roadsystem; culverts over ditches in front of private property; costs; additionalculverts or new entrances; procedures; penalty.[(a)] In counties which have not adopted the county unit roadsystem, whenever it is necessary to make a ditch along a public road in frontofany property at such depth as will in the opinion of the officials incharge of such road obstruct access from suchproperty with the public highway, it shall be the duty of the countyengineer on county roads and the township board on township roads to cause tobe constructed and maintained a substantial culvertover such ditch, so as to make a good, safe crossing. The county shallpay for such improvement on county roads and the township on townshiproads.The costof such culvert shall be paid by the owner of suchproperty when such property does not have a culvert and the installationof such culvert is requested by the property owner or such property owner'sagent. All moneysfor the payment of such materials shall be deposited in the county road andbridge fund in case of counties in the township road fund, in case oftownships.
(b) Whenever any property owner shall request an additional culvert or newentrance on a county road, the culvert or new entrance may be installed by thecounty engineer and the costcharged to the property owner. The county engineer may require theproperty owner to deposit the estimated cost of such installation beforeinstalling and constructing the culvert or new entrance, or the property ownermay install and construct such additional culvert or new entrance, but onlyafter first obtaining approval of plans therefor and permission to do sofrom the county engineer. Any such work shall be done by the owner subjectto the direction and supervision of the county engineer.
(c) Whenever any property owner shall request an additional culvert or newentrance on a township road, the culvert or new entrance may be installed bythetownship board and the costcharged to the property owner. The township board may require theproperty owner to deposit the estimated cost of such installation beforeinstalling and constructing the culvert or new entrance, or the property ownermay install and construct such additional culvert or new entrance, but onlyafter first obtaining approval of plans therefor and permission to do sofrom the township board. Any such work shall be done by the owner subjectto the direction and supervision of the township board.
(d) It shall be apublic offense for any property owner or other person to construct aculvert or entrance across any ditch along a public road without firsthaving secured approval of the plans therefor and permission to do so fromthe county engineer for county roads or township board for township roads. Anyperson who shall violate the provisions of thissection shall, upon conviction thereof, be fined not less than $50 nor morethan $100.
History: L. 2004, ch. 38, § 1; July 1.