Ross County commissioners say township must approve Vandermark Lane vacation under state law

Ross County commissioners on May 15 said they could not move forward with a scheduled hearing to vacate Vandermark Lane because Ohio law reserves authority over township roads to township trustees.

At the meeting, a county staff member summarized Section 555.304, telling commissioners that “a board of county commissioners shall not adopt a resolution to vacate a public road or engage in the process ... unless the applicable board of township trustees has adopted a resolution approving said vacation.” Commissioners were told the township trustees had sent a notice in April saying they will not change their decision until November, so the county had no authority to act now. The board canceled the county-level hearing that had been scheduled and agreed not to proceed until the township initiates or approves the vacation.

The discussion traced the procedural path for citizen petitions: if residents initiate a petition, the township must take action first; alternatively, the township trustees may initiate. County staff and commissioners said the petition in question came from residents in the vicinity and that the township had not adopted the necessary approving resolution. Commissioners noted that if the township includes the road in its mileage reporting, that can prevent a vacation until reporting deadlines pass.

County staff also raised practical concerns about the parcel: one speaker said a landowner intends to build in a flood-prone creek area and warned that vacating the road could landlock adjacent parcels. Commissioners agreed the matter is primarily for the township to resolve and that the county will defer until the township acts or until statutory conditions change.

The board did not vote on any substantive action regarding the road at the meeting; the planned county hearing was canceled and commissioners asked staff to notify interested parties.