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County seeks clarity on Cut Bank North Trail maintenance, drainage and liability after state project transfer
Summary
Presenters from Pepping Trails told commissioners the Cut Bank North Trail is complete and that a Montana Transportation Alternatives grant covered most costs; commissioners said they had not seen the MDT funding-and-maintenance agreement, raised concerns about stormwater certification, drainage near a private residence, and county insurance and budget implications.
Arkady Wysniewska, executive director of Pepping Trails, told the Glacier County commissioners on Feb. 26 that the Cut Bank North Trail was completed in 2025 and has been open to the public. She said a Montana Transportation Alternatives grant paid “over 86% of the project,” leaving the county responsible for roughly 13.42% of costs; Pepping Trails reported it has paid $123,942.90 to date and continues to pursue grants and donations to help satisfy the county’s obligation to MDT.
Why it matters: language in the MDT project funding and maintenance agreement appears to make the county responsible, at its sole expense, for ongoing operations and repairs of the shared-use path, including sweeping, cleaning, snow and ice removal, crack sealing and vegetation control. Commissioners and department staff said they were not aware of the agreement’s details and asked for copies and a formal state sign-off before the county accepts responsibility.
Commissioners and county staff raised multiple concerns. Road and maintenance staff said the county currently lacks a certified staff member to satisfy a stormwater/permit (SWIFT) requirement flagged by a state inspector during a fall visit; staff said that certification and completion of the permit paperwork are prerequisites for transfer. Department staff and commissioners also said they were not contacted at project completion and asked that MDT representatives appear before the board for a formal walk-through and sign-off so the county can determine which departments will manage the asset and what budgets are required.
A county staff member flagged a technical drainage concern near a private residence, reporting that contractor work appeared to have covered or altered a water pipe and culvert in a way that could create a flooding risk during heavy snow or rain events. The staff member said that issue should be resolved with MDT before the county assumes maintenance responsibility.
Jake Gustafson, the county’s insurance agent, reviewed the agreement language and recommended that the county attorney review liability clauses. Gustafson noted the agreement both lists county maintenance duties and contains language that would “hold the county harmless,” and he said that discrepancy could expose the county to claims if maintenance lapses. Gustafson told commissioners he would forward the agreement to the county attorney (Mako) for legal review.
Pepping Trails asked permission to install signage, benches and dog-waste stations once the transfer is finalized; commissioners said amenities would be appropriate but asked Pepping Trails to coordinate placement with county staff after the state completes paperwork and any corrections.
What the board will do next: commissioners and staff agreed to contact MDT and request an MDT representative attend a future meeting to walk through final paperwork, inspections and transfer steps. County staff said they will provide copies of the agreement to commissioners and departments, have departments inspect the trail and report back on equipment and staffing needs, and ask the county attorney to review insurance and liability language.
Key quotes
"My name is Arkady Wysniewska, and I'm the executive director of Pepping Trails," Wysniewska said, adding that the North Trail was largely funded by a transportation alternatives grant and that Pepping Trails will continue seeking funds to help repay county obligations.
"There should have been a final inspection so we could have sent the roads out there and then an official turning it over to us," a commissioner said, describing that county staff were not given formal notice when the project was completed.
"I'll send this to Mako as well, and I'll visit with them and then they can report back," said Jake Gustafson, the insurance agent, on forwarding the agreement for legal review.
Ending: The commission closed the item with an action directive: staff will request MDT attendance at a future meeting to finalize transfer steps and enable the county to determine departmental responsibilities and budget impacts.
