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Duchesne County adopts ordinance allowing temporary easements and culvert crossings
Summary
Duchesne County Commission approved Ordinance No. 26-430 to allow temporary easements in county rights-of-way and use of culverts for temporary crossings after a public hearing that raised questions about bond timelines, blanket bond amounts and an appeals process.
The Duchesne County Commission on May 11 approved Ordinance No. 26-430, amending Title 6, Chapter 1 to permit temporary easements in county rights-of-way and to allow use of culverts for temporary crossings beneath roadways.
At a 1 p.m. public hearing, Deputy Attorney Grant Charles told the commission that fee amounts in the draft ordinance are placeholders and that the road department will determine permit processing costs. Charles also said blanket bonds will be accepted as discussed at an earlier hearing and that language addressing specific timelines remained to be clarified.
Several members of the public raised concerns about the draft. Rikki Hrenko-Browning of the Utah Petroleum Association questioned the bond timelines, saying the draft contains inconsistent durations — "two weeks, ninety days, and six months" — and asked how and when blanket bonds would be called. Jake Woodland urged removing the blanket bond requirement from Class D roads. Zane Lay warned the ordinance, as drafted, would require oil companies to obtain permits for some Class D roads where permits were not previously required.
Commissioner Greg Miles suggested using a 90-day repair window rather than six months for bond claims to ensure problems are addressed sooner. Public Works Deputy Director Clint Curtis said the road department has not historically seen damage on Class D roads but the county wants protections in place should issues arise.
After discussing changes and acknowledging industry cooperation on the draft, Commissioner Tracy Killian moved to approve Ordinance No. 26-430 with the outlined changes; Commissioner Jeff Chugg seconded. Commissioners Killian, Chugg and Chairman Greg Miles voted aye and the motion passed.
The ordinance approval follows the commission's stated goal of giving the county explicit authority to grant temporary rights-of-way for crossings and to specify permit-related requirements. The county will update fee figures during the separate public hearing to adopt the County Fee Schedule, scheduled for June.
Next steps: the ordinance is adopted as amended; staff will finalize fees and processing costs and clarify bond timelines and the appeals process in the permit language.
