All road crossings for any purpose shall be done by boring unless prior approval has
been given by the county judge. There must be a compelling reason for approval of
an open cut across a county road. For approved cuts, a bond in the amount of $500.00
shall be posted. This bond will be returned upon the proper restoration of the roadbed
as determined by the county road department. Violation of this section shall result
in punishment as provided in section 1-9 for each offense, and each day shall constitute a new offense. A violation occurs
when a ditch or trench is cut without first posting the bond required or receiving
the required permission. However, when ditching or trenching is to be done on lands,
roads, easements or rights-of-way that have been dedicated to the county, but the
county has not accepted the responsibility to maintain such, the procedures of this
section shall still apply, including notice to the county judge, but the bond shall
be posted with the individual, organization, business, corporation or public utility
who has or who retained the responsibility for maintenance and notice shall also be
given to them. In those situations where the bond is posted with such other entity,
that entity shall make the proper restoration determination. Prior state highway and
transportation department approval shall be required for all bores or cuts involving
state roads or rights-of-way.
(Code 1993, § 58-38; Ord. No. 86-4, art. I, § I, 3-13-1986; Ord. No. 89-28, art. I,
§ I, 9-28-1989; Ord. No. 04-11, § 4, 4-8-2004)
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