Commission continues public hearing on encroachment, temporary easement and culvert ordinance after questions on bonds and maintenance

The Duchesne County Commission on April 13 took up a public hearing on draft changes to county ordinances that would enable permitting for temporary encroachments and create separate rules for temporary and permanent easements.

Legal counsel explained the draft’s purpose: make an enabling ordinance so the county can require permits for temporary encroachments such as a lake-lay pipe crossing a county parcel and to provide permit requirements in a separate application and contract. Counsel said the draft would allow culverts for certain temporary road crossings provided they do not interfere with irrigation or other county uses, and he noted a two-year maintenance period during which an installer or successor would be responsible for repairs.

Stakeholders and commissioners focused on how the county should protect itself if temporary installations settle or cause road damage. Several raised the bond question: whether a blanket bond already held by some operators would be sufficient or whether project-specific bonds would be required. Counsel said the temporary-easement proposal currently omits a bond requirement for temporary easements, that permit language and the draft contract could provide optional remedies, and that staff would bring specific permit and contract language back for review.

Given those outstanding technical and legal clarifications, Commissioner Kane moved to continue the public hearing so staff could circulate the application and draft contract and the commission could give clearer direction on bond policy; the motion was seconded and further direction about bond language was requested. The commission voted to continue the public hearing.

No final ordinance text was adopted at the April 13 meeting; staff indicated they will return with amendments and a draft permit/application for review before a subsequent hearing.