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Beaver County commissioners set public hearing for road realignment near Highway 21 after owner proposes moving route 20 feet east

2696140 · March 19, 2025
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Summary

Property owner and county staff discussed shifting a rural road 20 feet east to improve safety at the Highway 21 intersection; commissioners agreed to gather specifications and schedule a public hearing for April 15 to consider formally abandoning and realigning the existing county right-of-way.

Commissioners discussed a property-owner proposal to realign a county road that connects to Highway 21, moving the roadway 20 feet to the east to improve sight lines and reduce vehicles’ tendency to “fall into the hole” at the current highway approach.

The discussion matters because the proposed realignment would replace an existing county right-of-way with a newly located road across private property and could affect historic public-access claims. The county agreed to gather design specifications, drainage and culvert recommendations, and to advertise a public hearing before taking final action.

At the hearing, the property owner said the motivation was safety and drainage: “When you access Highway 21, you’re right down in a hole and the water runs right down there,” the owner said, arguing the new alignment would be “a lot safer” and flatter for traffic. County staff and commissioners discussed the need for the owner to build the new approach to county standards, possible culvert sizing and slope limits, and who would maintain the new road.

Commissioners and staff asked staff to confirm whether any historic public-right-of-way designation applies. One participant raised concerns about an RS 2477/RS 2447-style historic route designation, saying similar realignments in other counties had removed or changed those rights. A county official replied that RS 2477 claims are “under litigation right now” and that this proposed realignment crosses private land while potentially connecting to public lands; commissioners directed staff to review that issue before the hearing.

County staff said the developer/property owner would likely construct the new approach and be responsible for meeting county specifications, including an appropriate slope (staff referenced a 2% maximum slope for approaches), non-tracking surface material for a minimum apron length and any culverts required to convey drainage “so we don't create a dam.” Maintenance responsibility for the existing road would be addressed through the abandonment process if the new alignment is accepted.

On scheduling, staff said the newspaper’s publication schedule would make the earliest practical public hearing date April 15. Commissioners instructed staff to finalize legal descriptions and engineering specifications, review potential historic right-of-way implications, and bring the item back for a public hearing on April 15 so the board could consider formal abandonment and reestablishment of the county right-of-way.

Commissioners also discussed inspection and acceptance steps: the property owner should build the approach to county-specification and the county’s maintenance staff would verify drainage and culvert sizing before the matter proceeds to final action at a public hearing.

Next steps are: county staff will (1) obtain and provide a legal description and engineered specifications for the proposed new alignment, (2) review any historic public-access designations (RS 2477/RS 2447 issues) that might affect the change, (3) coordinate with UDOT on highway-approach requirements and apron details, and (4) advertise the public hearing for April 15 so the commission can consider formal abandonment of the existing right-of-way and establishment of the new road alignment.