Right-Of-Way Obstructions

Obstructions and construction within rights-of-way are regulated by section 42-889 of the Taylor County Code of Ordinances and contain the following requirements:

No person shall construct or maintain any structure or facility, including utilities, or make any other use of a public road or future road right-of-way unless and until a permit has been issued by the Board of County Commissioners approving and authorizing such construction, maintenance or use. All applications for the use of public rights-of-way must describe the space to be used and the length of time of such use. Permits may be granted for a period of time not exceeding six months, but may be renewed from time to time for periods not to exceed six months if the encroachment does not unreasonably restrict the public use of the right-of-way and the encroachment is necessary to accomplish the objective for which it is requested in a reasonable manner.

No person shall willfully obstruct any portion of the right-of-way for a new roadway which is identified in the future traffic circulation map of the county comprehensive plan and is public ownership or is under option to purchase as a public road right-of-way, or is subject to eminent domain proceedings which have already been initiated.No person shall construct any structure or facility, including utilities, or make any other use of the right-of-way for a new roadway, which is identified on the future traffic circulation map of the county comprehensive plan.

Any person who obstructs a public road or future road right-of-way which is identified in the future land correlation map of the county comprehensive plan and is public ownership, as is under public ownership or is under option to purchase as a public road right-of-way, as is subject to eminent domain proceedings which have already been initiated shall be presumed to have done so willfully if the obstruction is allowed to remain on the right-of-way for period of 24 hours after such person has been notified to remove the obstruction by the board of county commissioners or its authorized representative.