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Councilman Washington proposes ordinance to let Sumter County address impassable private dirt roads for emergency access
Summary
Councilman Carlton B. Washington presented a draft ordinance March 26 to allow limited county maintenance of private dirt roads that are the sole access to occupied residences and impassable to emergency vehicles. He cited state law and prior opinions and asked Council to review triggers, costs and conveyance agreements.
Councilman Carlton B. Washington on March 26 introduced a draft ordinance that would allow Sumter County to take limited action on private dirt roads deemed to threaten public health and safety because they block emergency access to occupied residences. Washington read research and legal guidance, cited state law, and outlined criteria that would trigger county action.
Washington told the council he had sought advice and found an Attorney General opinion that had been interpreted as saying “it is illegal for the County to work on private roads,” but he also read a 1991 county attorney opinion and state law language describing ambulance service requirements (Section 6-1-190) that leave room for county discretion in ensuring essential services. Washington said previous changes to the county’s road-acceptance policy in the 1990s made accepting private roads nearly impossible and that many roads have since deteriorated.
The draft ordinance Washington presented would: require that the road be the sole means of access to one or more occupied primary residences; require the distance from the closest residence to the nearest public road to be more than 300 feet; and require that access be impassable to emergency response vehicles. Under the draft, property owners on roads accepted for minimal county maintenance would execute a conveyance contract transferring ownership to the county with the understanding that only minimal maintenance would be provided to ensure emergency access.
Councilwoman Vivian Fleming McGhaney praised Washington’s work and said she would support the ordinance, noting similar road conditions in her district and thanking Public Works Director Karen Hyatt for recent assistance to a family in need. Councilman Eugene R. Baten urged proactive action, and Vice Chairman James R. Byrd suggested the draft be sent to committee to review expense estimates and refine language before Council considers adoption.
During public comment, residents described daily hardships tied to impassable roads. Sandra Webb said Meals on Wheels cannot deliver to her house because of road conditions; Frances Bennett and James Milow Johnson described frequent vehicle damage; Dr. Alexandria Baten provided receipts for multiple wheel alignments and asked whether the county would reimburse repairs; Richard Geddings and Kimberly Blanding spoke in support of the proposal. Chairman James T. McCain noted that one road cited (Red Bay Bridge) is a South Carolina Department of Transportation project and not under county jurisdiction.
Washington framed the proposal as narrowly tailored to preserve access for emergency services and listed triggers and public-safety conditions that would have to be met before any county action. He also referenced the legal standard that public funds must serve a public purpose and read an excerpt from Anderson v. Baehr to underscore the governing-body discretion in determining public purpose.
No formal vote on the private-road ordinance occurred at the March 26 meeting. Vice Chairman Byrd’s recommendation to refer the draft to the Fiscal, Tax and Property Committee for cost review and drafting revisions was the next procedural step noted by council members.
Next steps: the ordinance will be considered by Council committees for review of costs, legal scope, and proposed conveyance language before any first or second reading on the floor.
