Commission tables utility‑permit dispute after finding open road cut

The Emmons County Commission left a utility‑permit matter on unfinished business after commissioners and staff reported seeing an open cut through a county road where the permit required boring under the road. The item concerns a connection to a main southwest drain between Section 36 (T133 R78) and Section 31 (T133 R77).

Chair (speaker 1) said county staff and a drone inspection showed the road had been opened and trenched rather than bored as the board requires. "We had discussed at the last meeting that it had to be absolutely bored," the chair said, noting the permit had been tabled previously for additional information. County presenters said the permit on file did not clearly indicate the installation method and that easement and wetland concerns remained unresolved.

Commissioners and contractors discussed responsibility. One county speaker noted that the contractor must display and keep permits on‑site and that if work occurred without approval both the owner and contractor could face penalties. Contractors present and commissioners gave differing estimates of the cost to bore the line; one local contractor quoted about $65 per foot for a 12–14 inch pipe, which commissioners contrasted with an earlier $40,000 estimate provided to the commission.

Because of unclear easement documentation, possible wetland impacts and the apparent method of construction, the board voted to keep the matter on hold and directed staff to ask the state’s attorney to investigate legal options and remedies. The item will return to unfinished business at the next meeting when additional information is available.

Key facts: The county did not approve the permit before work began; commissioners required boring under county roads; drone images and site visits showed the road was opened; the board seeks the state attorney’s opinion before taking formal enforcement or approval steps.