Is there a simple way to know when a crew can clean a ditch on private property that is fed by a road crossing pipe?

While the law can be nebulous on the subject, a good general rule of thumb would be to do the following:

  • Be sure of the right-of-way (ROW) and if you are working off the ROW
  • Only work off the ROW if there is a highway purpose (safety or drainage) – Be sure to document this need
  • Only go as far as is needed for the highway purpose
  • Get an easement for the work from the land owner (if it looks like you need to come back, it may need to be a permanent easement)
  • Be sure to clean up the site after the work
    is done including adding erosion protection
  • Follow up a few weeks later (after 1 or 2 storms)
    to assess the work

Overall, if you are not sure and concerned about increased liability, contact your municipal attorney for guidance.

Resources

June, 18'