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Commission rescinds interim culvert policy, moves to rework county ordinance and schedule March public hearing
Summary
After a months‑long debate, commissioners rescinded a September directive that had county crews install driveway culverts and directed staff to draft ordinance language reverting most construction responsibility to property owners. The board also set a public hearing on March 11 to consider updated code language.
Jackson County commissioners on Wednesday voted to rescind the board action taken Sept. 24, 2024 that had directed county crews to supply and install driveway culverts, and they directed staff to return with revised ordinance language and a public hearing date.
The board rescission followed hours of discussion over whether the county or property owners should purchase and install culverts for new driveways. Commissioners were divided about the cost and the operational impact on Road & Bridge crews. Several commissioners said they preferred returning to the county code that places construction responsibility on the permit applicant.
"The cost of construction or alteration of a connection shall be borne by the applicant," read Michelle, a county staff member who summarized the existing ordinance for the board, quoting language in the code that extends that duty to applicants when the board requires alterations because of changed traffic flow. She noted the ordinance dates to 1994.
Commissioner Crutchfield moved to rescind the prior board action and return the county to permitting practice aligned with the ordinance; the motion passed after a second. The board then directed staff to draft updated ordinance language reflecting the commissioners’ intent — including an approach for single-family residential applicants in which the property owner purchases materials and county crews will install one culvert per residence on a scheduled basis — and to advertise a public hearing. Commissioners set the public hearing for March 11 at 9 a.m.
County staff warned that the policy in effect before the Sept. 24 vote had been codified by ordinance, and that changing the practice without following required ordinance procedures could expose the county to challenge. "Once you've adopted a procedure or policy by ordinance, you can only change it by ordinance," the county attorney said during the discussion.
The board also discussed more operational details staff will include in the drafted ordinance: the permit application process (no application fee was proposed), a supervisory site visit to determine culvert size and location, scheduling of work so crews do not interrupt higher-priority road maintenance, and continued county maintenance of culverts and end walls within the public right of way after installation.
Because the ordinance is on the books and the board rescinded the September direction, the county will revert to permitting and construction responsibilities that center on property owners until the board adopts any new code text at a future public hearing.
