Jackson County to restore one-time county installation for new driveways, rescinds Sept. 24 directive

The Jackson County Board of County Commissioners voted to rescind its Sept. 24 directive on driveway culverts and adopt interim guidance allowing the county to install one driveway culvert per permit provided the property owner purchases and supplies the pipe.

The rescission and interim policy came after a detailed presentation from county staff and extended discussion among commissioners about legal exposure, maintenance workload, equity between districts and permit compliance. The board also directed staff to prepare a new ordinance for formal adoption and set a public hearing on the draft ordinance for Feb. 11.

Why it matters: Commissioners and staff said the change restores a longstanding informal practice in the county that had shifted in recent years, and they cited both citizen hardship and operational risk. County staff warned that an unstructured program could create legal and budget exposures, and requested clearer rules and updated permitting and inspection steps.

What the board approved: The board took four linked actions during the discussion: 1) Rescind the Sept. 24 motion that had directed the county to sell culverts and install them (rescission passed by the board). 2) Adopt an interim operational approach: property owners must purchase and deliver culvert materials from a vendor; the county will perform a single installation per permitted driveway (approved by board vote). The installation is intended to provide the single initial driveway crossing needed to access a parcel; additional or nonstandard crossings remain the property owner’s responsibility. 3) Grant a temporary variance covering driveway permit applications filed between Sept. 24 and the date of this meeting so staff can process those applications under the interim approach pending ordinance revision (approved). 4) Schedule a public hearing on a replacement ordinance for Feb. 11 and direct staff and county attorneys to draft ordinance language and a written policy describing permitting, inspection timing and expectations for property owners (motion carried).

How staff and commissioners framed the decision: County staff emphasized legal risk where the county lacks documented easements and rights to enter private property for recurring work; County Attorney Michelle Jordan (present in the discussion) reminded the board of active litigation claims tied to equipment entering private property without clear easements. Road and Bridge staff (Carrie) provided operational estimates based on 2023 permit activity: about 80 driveway permits required culverts in 2023, the average county-installation cost per culvert (labor and equipment) was roughly $1,325, and county crews require an average of about 11 employee hours per installation. Staff estimated a notional annual cost of approximately $106,000 to install all such culverts countywide if the county took on routine installation demand without policy limits.

Several commissioners said they wanted to help homeowners but were concerned about fairness across districts and the effect on routine road maintenance when crews are assigned to installations. Commissioner Crutchfield pressed for a process that treats all districts consistently; Commissioner Branch and others urged returning to the prior practice in which owners purchased materials and the county did the install. Dr. Spires and Chairman Westbrook supported an interim solution tied to ordinance revision.

Next steps and caveats: Staff will draft ordinance amendments and a written driveway permit policy to present at the Feb. 11 public hearing. The county will notify permit applicants who filed after Sept. 24 that the board rescinded the prior directive and that the interim approach will apply. The board and staff emphasized the interim approach is not a permanent legal change; the new ordinance will formalize permit fees, inspection timing and whether the county will charge for installations beyond the single initial culvert.

Ending: The board’s decision attempts to balance immediate homeowner needs against legal and operational limits. The county scheduled a public hearing and directed staff to return with draft ordinance language and clearer permit guidance before implementing any permanent change.