Atchison County staff to ask developer if it will accept liability before altering driveway concrete policy

Atchison County commissioners on May 12 discussed whether to allow a commercial exception to a longstanding policy that prohibits private property owners from extending concrete aprons into the county right-of-way.

The request, raised by county staff, involves a development that would place a concrete apron near the county road surface. Staff and commissioners expressed concern that county snow-removal and maintenance equipment could both damage and be damaged by concrete in the county right-of-way.

“...exceptions to policies generally eat away at that policy until it's no longer a policy,” said one county official during the discussion, urging caution about broad waivers. Roger Denton and Emily Sternsorf of Road & Bridge described site conditions and options, including moving concrete back from the road so county blades are not affected.

Staff proposed limiting any change to commercial projects only and drafting a mechanism—either a policy amendment or a road-maintenance agreement—requiring property owners to reimburse the county for equipment damage or to fund improvements. Emily Sternsorf will contact the company to ask whether it would accept responsibility for any damage and reimbursement for repairs; county counsel will prepare draft amendment language for the commission to consider.

Commissioners directed staff to prepare a draft amendment that would allow a narrow commercial exception if the property owner agrees to terms specifying responsibility for damages and possible maintenance agreements.

No formal policy change was adopted at the meeting; commissioners said they wanted feedback from the company and a draft amendment before any vote.