Lincoln County commissioners directed staff to prepare a formal order to legalize portions of North 3 Rocks Road and Savage Road after a July 23 public hearing where no members of the public testified.
Public Works Director Michael Dwan told the board the legalization is needed so an Oregon Department of Transportation local bridge program project — replacement of County Bridge No. 101 over Crowley Creek, scheduled for construction in 2027 — can proceed because the project will use federal funds and requires validated right of way. "Since the project will utilize federal funds, it is necessary to validate the existing right of way before it can proceed beyond the preliminary design phase," Dwan said.
Dwan said the sections of road at issue date to the 1920s and 1930s and that historical records, preliminary surveys and present pavement do not align: "There are numerous inconsistencies between the various road records regarding the roads' widths and location," he said. County staff concluded the right-of-way descriptions have omissions or defects and that the roads have been traveled in locations that do not conform with historic records for more than 10 years, so legalization is appropriate under state law, the staff report said.
The staff report referenced Oregon Revised Statute provisions that allow a county governing body to initiate road-legalization proceedings when the original descriptions are defective, the road has been altered over time, or the road has been traveled away from the recorded location for at least 10 years. Dwan said the county surveyor prepared a preliminary legalization survey and that notice to abutting property owners was provided by certified mail and by posting as required. He said one property owner contacted staff seeking a copy of the notice and that otherwise staff had not received substantive objections.
After asking for public testimony on the agenda item — limited to the legalization matter — the board heard none and by consensus directed county counsel to prepare a formal order for adoption at the Aug. 6 board meeting.
The board did not adopt a final order at the July 23 meeting; the direction to prepare an order was the board's formal next step. County staff noted the preliminary survey and legal descriptions are included in the staff packet and that any final order will adopt the location and widths shown on that survey.