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Commission adopts emergency policy to allow staff to make private roads passable during declared storms

August 22, 2025 | Columbia County, Florida


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Commission adopts emergency policy to allow staff to make private roads passable during declared storms
Columbia County commissioners approved a written emergency-management policy authorizing staff to make private rights-of-way and driveways passable during declared states of emergency, subject to conditions intended to comply with Florida law and attorney general opinions.

County attorney Joel and county staff explained that state law and prior attorney-general opinions limit when a county may spend public funds on private property; staff recommended a narrowly tailored policy that would serve as the board'9s legislative determination that making private roads passable during a declared emergency is a valid county purpose. "If you make a legislative determination that that's in the county's interest, staff can go do it," Joel said, summarizing the legal analysis and citing prior attorney-general guidance. The policy would permit limited actions during emergencies, such as cut-and-toss clearing, emergency pumping in life-safety cases, and short-term passability work, and would require written releases for more extensive work on private property.

Commissioners said the policy would reduce delays and the need to convene the board in emergency meetings for every private-road request. Commissioner Ford and others emphasized that the policy is intended for declared emergencies and that county work on private roads outside emergency declarations could raise legal problems. Staff said the policy is also helpful for FEMA documentation because it creates a formal board determination that staff can cite when operating on private rights-of-way in emergencies.

The board moved, seconded and approved the policy in a voice vote. Staff will publish the policy, prepare consent forms or written authorizations for private-property access when more extensive work is necessary, and return as needed with implementation guidance and any necessary budget or program recommendations.

The policy does not authorize improvements to private roads that would constitute a non-public expenditure without further legislative action or expressed property-owner dedication; county staff repeated that more extensive road reconstruction or pumping that would materially alter private property still requires written authorization and assessment of public-purpose criteria.

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