At a Nov. 24 work session, the Weber County Commission discussed a proposed agreement that would let private landowners at Powder Mountain remove county-installed guardrail if they sign releases and assume liability for injuries and stormwater impacts.

An unidentified commission speaker (S3) said the agreement would require each requestor to sign paperwork indemnifying the county and accepting responsibility for stormwater that currently drains from the county road onto adjacent property. "Guardrail is there to protect the traveling public, protect us," the speaker said, explaining why the county seeks written releases in exchange for permission to remove sections of guardrail.

A second, unidentified speaker (S5) — who described legal limits to indemnity — told commissioners the draft language releases the county and requires indemnification, but cautioned that "judges and juries have ruled against governments in situations like this." The speaker said the county could not guarantee dismissal from litigation even with release language.

Several commissioners raised practical and legal concerns. An unidentified commissioner (S4) proposed adding a liability-insurance requirement that names Weber County as an additional insured. Another commissioner (S2) opposed granting permission while the road remains a county-maintained public road, arguing property owners should wait until the road is privatized or provide alternate access: "For right now, I'm a no." Commissioners discussed the possibility of denying building permits tied to lots that request guardrail removal until the road status or access issues are resolved.

Staff said two property owners had already requested guardail removal linked to planned building permits and that the county has been working on draft agreement language with its engineer. Commissioners ultimately directed staff to defer approving guardrail removal while the road remains public and to continue work on the agreement, including considering insurance naming Weber County as additional insured and coordination with affected landowners.

The discussion produced no formal vote on the guardrail agreement; the commission recorded no final action other than direction to staff and a decision to await a change in road status or a redesigned access.

Next steps: staff were asked to continue refining the agreement, explore an insurance requirement that lists Weber County as an additional insured, and coordinate with property owners and the mountain operations manager about timing and access options.