Commissioners at a Weber County work session on Nov. 24 discussed a proposed agreement that would allow property owners at Powder Mountain to remove sections of roadside guardrail in exchange for legal releases and indemnification.
An unidentified staff member working with county counsel described the draft as seeking "basically protection, indemnification" so that "if somebody errantly leave[s] the road and where the guardrail was removed ... claims would go to the individual who had asked for the guardrail to be removed." The draft also calls for property owners to address stormwater runoff where the road crowns toward adjacent parcels.
Several commissioners raised liability concerns. One commissioner warned, "we're gonna get named in a lawsuit" if the county retains ownership of the road while guardrail is removed. That same commissioner proposed requiring property owners to carry an insurance policy that names Weber County as an additional insured, saying that would "give us enough protection" in the event of a claim.
Other commissioners expressed aesthetic and operational concerns — noting how intermittent gaps of removed and remaining guardrail would look along an 80-foot lot — and about consistency: some questioned whether prior county engineers had ever approved similar removals without commission authorization.
A recurring point in the discussion was the status of the road. Several commissioners said they prefer to delay final action until the county formally vacates or privatizes the road. "Once it goes private then they can do that," one commissioner said, arguing property owners could then address guardrail in their private-right context and the county would no longer bear responsibility.
There was no formal vote to adopt the draft agreement. Commissioners expressed a mix of readiness and caution: some supported the concept if additional liability protections (including an insurance requirement naming Weber County as additional insured) were added, while others said to wait until the road is privatized. The staff team present said they assembled the draft to provide a consistent process for future requests and will follow the commissioners' direction on next steps.
The commission did not take a final action on the agreement at the meeting; staff will pursue follow-up depending on the board's guidance and any progress on privatizing the road.