Duchesne County approves ordinance to allow temporary easements and culvert crossings after public hearing

The Duchesne County Commission voted unanimously May 11 to adopt Ordinance #26-430, an amendment to Title 6, Chapter 1 that allows temporary easements in county rights-of-way and permits use of culverts for temporary crossings beneath roadways.

Deputy Attorney Grant Charles told the commission the draft ordinance is intended to formalize a permitting process; he cautioned that the dollar figures in the draft are placeholders and said the road department will determine permit-processing costs. Charles also noted that blanket bonds would be accepted as discussed in an earlier hearing.

During the public hearing, Rikki Hrenko‑Browning of the Utah Petroleum Association questioned the draft’s bond timelines, saying the language “contradicts itself,” citing references to “two weeks, ninety days, and six months,” and she asked how the appeal process would work because the ordinance and permit application do not define that procedure. Jake Woodland urged the commission to remove the blanket bond requirement from Class D roads, arguing the county’s exposure differs on lower‑traffic routes. Zane Lay said the ordinance would require oil companies to obtain permits for crossings on Class D roads where none were required previously. Public Works Deputy Director Clint Curtis said the road department has not historically observed damage on Class D roads but the county wants protection where work is performed.

Commissioner Tracy Killian moved to approve Ordinance #26-430 with the outlined changes; Commissioner Jeff Chugg seconded. Commissioners Killian, Chugg and Chairman Greg Miles voted aye and the motion carried.

The ordinance sets up the permitting framework and directs staff to finalize fee language during the County Fee Schedule public hearing to be scheduled in June. Commissioners discussed setting clearer timelines for bond claims and repairs; Commissioner Miles indicated a preference for a 90‑day repair window in some circumstances. The ordinance approved by the commission reflects the changes discussed at the May 11 hearing and will be incorporated into county code per the normal adoption process.