Failing access roads raise concern, spark debate

Both roads are designated as public roads, but are local access roads not maintained by the county.

Murray, who with her husband Richard Murray owns 35 acres accessed by the two roads, told the board heavy rains had badly damaged both roads this spring.

Over the years, snow removal and other maintenance reduced the “crown” of the roads, shifting the crown into the ditch, Murray said. The “crown” of a gravel road is the portion of the road made to be higher than the level of the ditches on either side. The crown drains rain to the sides of the road, and the ditch carries the water away from the road.

Because no crown or ditch remains on Seven Mile High or Ridge Road, water flowing down the road has washed out half the road, Murray said. “There are now ditches in the middle of the road from the water,” she told the commissioners. “Vehicles have to drive on the left side of the road or risk damaging their vehicle.

“We need help to know what to do, and fix it,” Murray said. “I know the landowners have to pay for it,” she added. There are 14 homes accessed by the two roads, she said.

Arthur Smith, director of public works for Wasco County, inspected the roads at Murray’s request. He said Seven Mile High Road from Martin Road to Ridge Road, and portions of Ridge Road itself, were in extremely poor condition.

In an email to Murray, Smith wrote, “In my professional opinion, these road sections will not last through another winter season.”

“The level of erosion and scour has made this portion almost undrivable for most low clearance, two-wheel drive cars,” Smith wrote. “I would strongly encourage some kind of repair work to take place before winter hits.”

Speaking before the board, Murray concurred with Smith’s evaluation. “We get fog, we get snow, we need to get this done before too long,” she told commissioners.

They diverged, however, regarding who should do the work, and who should pay for it. In the email to Murray, Smith estimated minimum repairs would cost at least $1,200, based on county load rates, but noted, “A contractor could be more expensive.”

Murray argued against the need for a contractor. “You are the experts, you’re the public works department,” she said before the board of commissioners.

Another nearby resident, Garrett Boothe, said he had tried to repair the road by adding additional gravel and that just washed out. He noted the lower sections outside the area evaluated by Smith are also failing. “The road is in disrepair and needs some serious work,” he said, noting that in winter a pond covered the road. “It’s a public road, we need help from the county,” he said.

County-wide issue

Smith told the board of commissioners the roads in question — about 1/4 mile — were only a small portion of “public roads” currently not maintained by the county. “We have 105 miles of public roads that are not maintained by the county,” he said.

Smith said historically, state laws allowing the building of subdivisions with access roads — but no built-in maintenance requirement required before declaring the road a “public road” — did a great disservice to Oregon’s counties.

If added to the county’s maintained roads, such roads would increase maintenance miles by 15%, Smith said. “And these are the worst roads in the county,” he added.

“If you say yes to one, be mindful there are many more miles out there,” he said.

Commissioner Kathy Scwartz said the county had addressed a similar problem on Dell Road. “Dell Road had similar issues, and that didn’t really work out well,” she said. Although homeowners had agreed to form a homeowners association to maintain the repaired road, there was no evidence they had ever done so. “We had no way to hold them accountable,” she said.

Smith agreed, noting that the county road fund went into a deficit on the Dell Road repairs, losing “a substantial amount.”

He added that privately-built roads could also vary as to easements and ownership, compared to a county-maintained road. “It gets complicated very quickly,” he explained.

Commissioner Scott Hege said he lives near the area under discussion, and did not feel comfortable speaking to the specific issues, but said such roads were a challenge to those using them. “At some point, it becomes more than what the neighbors can do,” he explained. “We need to think of a way to help people deal with these issues. I don’t know what the solution is, but the situation is not good.” Hege owns one of 27 parcels in the general area under discussion.

No decision was made regarding repairs, and commissioners urged property owners to price the repair work with a private contractor.

“I think landowners have more work to do,” said Schwartz, “to contact some private contractors, organize the neighbors to get this work done.

“If that doesn’t work, then come back to us,” she added.

State Statutes

According to Oregon Revised Statutes, “A county governing body shall spend county moneys on the local access road only if it determines that the work is an emergency or if:

(a) The county road official recommends the expenditure;

(b) The public use of the road justifies the expenditure proposed; and

(c)The county governing body enacts an order or resolution authorizing the work and designating the work to be either a single project or a continuing program. [1981 c.153 §7]”