Bannock County commissioners validate Garden Creek Road as public right of way

The Bannock County Board of Commissioners voted unanimously at a public hearing to validate Garden Creek Road as a public road, clarifying its legal status and directing that the road be recorded as a public right of way in county records.

Jonathan Radford, chief civil deputy for Bannock County, told the commission that road validation is a statutorily defined process under Idaho Code section 40-204A that resolves doubt about whether a road or right of way is public or private. “When you look at a road and you can't tell whether it's public or private, that's when the board of commissioners can step in and initiate this hearing and this process,” Radford said.

The validation decision followed a staff report from Kyle Burmester, public works director, who told the commissioners the county’s records show repeated maintenance and mapping that support public status. “In the last 20 years, we've spent $586,278 in chloride, gravel, blading, and kind of things,” Burmester said. He also cited county records, including a 1946 petition referencing opening a portion of Garden Creek Road and a 1958 highway map that listed Garden Creek as a maintained county road.

Several residents and property owners testified during the public comment period. Dan Williams, who gave his address as 7740 Garden Creek Road and said he lives on the road year-round, said the road “has been public for as long as I know” and that it has been maintained for decades. Property owner Cherilyn London said she purchased 1,500 acres in 2012 and described several years of restricted access after the county placed signs and a berm on the road. “It has significantly impacted me for the last 7 years financially, emotionally, the stress, and our business and our ranch has been significantly impacted,” London said, adding she has “$1,000,000 of dollars invested” in the property.

Dennis Munden, who said his property is at 6059 Garden Creek Road, told commissioners he believed a prescriptive easement exists and raised questions about how the county decides to open or close roads and how to petition for plowing. Linda Burnham, a longtime resident in the area, said she believes Garden Creek Road has long been used as a public road and that some roads in the area are designated “no winter maintenance.” The commission also noted an emailed statement from Ralph Wheatley was entered into the record.

Commission discussion emphasized that the validation proceeding addresses the road’s legal status and not decisions about winter maintenance or access for emergency vehicles. Commissioner Bullock said historical use and mapping support public status but that winter maintenance policy is a separate issue tied to occupancy and county resources. Commissioners and staff noted that snowmobile trail grooming funding and designations are administered by state programs and funded with state funds rather than county maintenance budgets.

After commissioners heard staff findings of long-term maintenance, historical petitions and maps, and testimony from residents, a commissioner moved to validate Garden Creek Road as a public, established county road. The motion passed unanimously; the chair declared the road validated as a public right of way and directed that the validation be recorded in county records.

The validation clarifies the road’s legal status. Decisions about whether county crews will provide winter maintenance, grooming, or plowing were left separate from the validation and subject to county policy, occupancy thresholds and available resources, and state-managed snowmobile program rules.

Votes at a glance

- Motion to validate Garden Creek Road as a public right of way — Passed (unanimous).