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Valley County continues petition to vacate Old Council Road; commissioners prefer county right‑of‑way

Valley County Board of County Commissioners · March 2, 2026
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Summary

Commissioners continued a petition seeking to vacate then validate segments of Old Council Road and instead signaled preference for keeping a dedicated county right‑of‑way, setting the matter for further negotiation and engineering review on May 18.

Valley County commissioners on March 2 heard a contested petition to vacate and validate two short segments of Old Council Road that would realign the road’s connection to West Mountain Road. After extensive public comment and agency input, the board agreed they prefer a dedicated county right‑of‑way and continued the matter to May 18 to allow landowner negotiations and detailed engineering schematics.

Staff summarized the petition (filed Dec. 5, 2025) and related filings. The petition—originally presented by DL Evans Bank and now assigned to Hartzell Creek LLC—proposes vacating an existing 0.3‑mile segment and validating a 0.1‑mile replacement segment to provide a more efficient connection. The petitioner proposed constructing the new two‑lane gravel alignment and granting an easement limited to year‑round recreational access and FAA access; the draft easement language would restrict Valley County from paving, widening, or otherwise improving the route without the bank’s permission.

County parks staff urged preserving public access and recommended that negotiations consider creating a 1‑acre parking area and a dedicated ROW wide enough for a 20‑foot snowmobile route in addition to plowed vehicle lanes. County engineering (Parametrics) said the proposed alignment could be improved and advised a new segment be aligned close to perpendicular with West Mountain Road; staff suggested that fee simple dedication of a 70‑foot right‑of‑way (and possibly additional ROW) would be preferred to a private easement.

Multiple nearby landowners—Monty Post, Leo Stoddard and Don Swinson among others—objected to aspects of the proposal, citing property impacts to a small triangle parcel, winter parking needs, and removal of county control. The petitioner’s counsel, Chris Meyer, said the new owner sought to preserve recreational access and was willing to negotiate alignment options.

After deliberation the board concluded they were not inclined to accept a private recreational easement in lieu of county right‑of‑way; instead they asked the parties to negotiate a realignment that preserves public access, sight‑distance safety and parking options. The board continued the hearing to May 18 at 1:00 p.m. to allow schematics, notices and further discussions with affected property owners and agencies.