Council debates who must maintain town right-of-way, seeks grant help for drainage fixes

Wallsburg councilors and residents spent an extended portion of the Sept. 5 meeting discussing recurring washouts, filled ditches and who must maintain the town’s road right-of-way.

Council member Scott Larson and other councilors described multiple problem spots where fill and removed culverts have diverted water onto neighboring property, producing soft road shoulders and recurring spring damage. "We were gonna continue discussing waterway ditch issues along with solutions for proper drainage, and discuss how wide our town roads are and whose responsibility for maintenance, compliance with ditches, water runoff, that kind of thing," Larson said.

Larson told the council he has scheduled a meeting with Nancy O'Toole and a representative from the Utah Department of Water Quality next Thursday "to see about getting some grant money to, to to pay for some engineering and and work on the... drainage stuff." He said the department indicated there is money for storm-drainage emergency situations but that the town must produce a plan and identify match requirements before work can begin.

Residents and councilors recounted local examples: culverts removed or buried when pressurized irrigation lines were installed, ditches filled over time, and rock walls and fences placed in the right-of-way. Several speakers asked whether the town should require permits for any work in the right-of-way and whether the planning commission should create or amend the development code to define encroachments and enforcement processes.

Councilors and residents discussed options that include: seeking emergency grant funds to cover engineering and materials for priority spots, clarifying town policy in the development/building code, and scheduling routine ditch clean-outs. There was no vote; staff was directed to report back after the next-week meeting with Department of Water Quality staff.

Why it matters: repeated flooding and washed-out road shoulders are creating safety and access problems, and residents argued that the town must clarify whether owners who fill ditches or remove culverts are responsible for repair costs.

Clarifying details: staff identified four primary problem areas reported by residents; staff said available emergency storm-drainage funds require a formal plan and that determining responsibility for past encroachments will affect which repairs the town can pay for with grant funds.

Next steps: staff will attend the Department of Water Quality meeting, report back on available funds and match requirements, and the council will consider directing the planning commission to draft code language and a permit process for right-of-way encroachments and drainage work.