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Commissioners plan review of approach permits after officials say many do not meet statutory definition
Summary
Prairie County commissioners heard staff and public concerns that numerous submitted approach permits "do not fit the definition of an approach," agreed to schedule permit decisions for the commissioners' next meeting, and set a separate road-policy review for the month-end agenda.
Prairie County commissioners moved to schedule formal review of a batch of approach permits after staff and public speakers argued the submissions do not meet the statutory definition for an approach.
A member of the public who reviewed the packet told the commission the applications were "not lawful permits" and in some cases were "borderline fraudulent," urging commissioners to "make a motion to disapprove all" the applications until their legal status is clarified. The speaker also recommended returning any associated fees if the paperwork is invalid.
Commission staff and commissioners agreed the permits require further scrutiny. "They're not approaches," a commissioner said during the discussion, and staff recommended the board address the items publicly at its next meeting rather than approving them administratively. Commissioners asked staff to return the applications and put the approach-permit decisions on the agenda for the meeting scheduled on the 17th; the broader road-policy update was placed on the Sept. 30 agenda.
Staff cited jurisdictional and easement limits—several county roads run on private easements or cross federal (BLM) land—which can restrict the board's authority. A staff speaker referenced a state code provision (recorded in meeting materials as 70-16-111) that requires certain notices and procedures for work involving rights of way.
Commissioners also discussed technical fixes to the policy packet, including updating a $150 approach fee that attendees said does not reflect actual construction costs for culverts and drive work. Several commissioners suggested engineering reviews for larger reconstructions and that applicants carry up-front funds for nonroutine work.
The board did not take a final vote on any permit at the meeting; instead it scheduled the approach-permit items for the next commissioners' session so members can consider a formal approval or disapproval with staff reports and legal review.
