Commissioners back Public Works recommendation against reinstating abutters' rights for Modoc Point driveway requests

Klamath County Public Works staff briefed the Board of County Commissioners on a request from property owners to reinstate abutters' rights for a Modoc Point lot and directed that the county follow the public-works director’s recommendation not to reinstate them.

Staff explained the lots were created decades ago with abutters' rights removed and that driveway spacing and safety requirements on Modoc Point (a posted 55 mph segment) informed that decision. The current applicants want a different driveway location and had proposed a circular driveway; staff said circular driveways effectively create two access points and are not typically allowed because of spacing and safety concerns.

Staff noted the county could face liability if it approves a driveway that does not conform to the abutters' rights and public-works driveway standards. Commissioners asked whether the issue should go before the planning commission for due process; staff replied that similar abutters-rights matters are handled administratively and that there are hundreds of lots with abutters' rights removed across the county.

One commissioner said they would follow the recommendation of the public-works director; another noted the lot buyer purchased with abutters' rights previously removed and that the county’s historical process had been disclosed. The board did not approve reinstatement at the meeting and voiced support for enforcing current driveway standards.

Staff said that, regardless of abutters' rights status, typical driveway permit conditions (mailbox pullouts, driveway spacing requirements) would apply if a driveway permit were sought.