snow plows on county road

Snowplows need right-of-ways to be clear to avoid damaging personal property.

Bingham County is reminding residents that the county’s right-of-way needs to be clear to allow the snowplows to clear the roads without damaging personal property.

A right-of-way is a legal term for having the right to pass through someone else’s property. The county has that right in order to maintain and keep the roads clear for safe travel.

The next question is: How wide is the county’s right to access property on each side of a road? That depends on the kind of road. County highways have a 40-foot right-of-way, major roads that have traffic of more than 1,000 vehicles a day have a 35-foot right-of-way, less busy roads that have less than 1,000 vehicles on it a day have a 30-foot right-of-way, and local roads or subdivision roads have a 25-foot right-of-way.

These rights-of-way are measured from the center of the road to the edge — not from the edge of the road pavement. Another thing to note is that a right-of-way is a type of easement, another term often used with property, but it is limited to only having a “way” through the property.

To effectively keep the roads clear of snow, they are asking that the rights-of-way be clear of vehicles, trailers, fencing, landscaping, yard debris and irrigation equipment. When the snow covers the roads, they won’t be able to plow if vehicles interrupt the path and they may not be able to see smaller items under the snow.

Trash containers, which need to be relatively close to the road for retrieval, can be placed at least 4 feet off the road. Garbage trucks can reach that far.

Mailboxes, which are more easily damaged, need to be 8 feet from the edge of the pavement. Specifically, the front of the mailbox must be 8 feet in and must be mounted on breakaway posts such as a 4-inch-by-4-inch wood post or steel tubing less than 2 inches in diameter. The impact of flying snow can damage mailboxes any closer to the road. And if it is in the path of the plow, they can be hit, and having breakaway structure will help save on damages.

The county is not responsible for damage to any personal property that are within the right-of-way or closer than allowed for garbage containers or mailboxes. There will not be any replacement or compensation.

Further, if personal property, garbage containers or mailboxes are in the right-of-way and cause damage to county vehicles or injure a county employee ,the resident will be liable for the cost of repair or medical expenses.

The bottom line is that when living in snow country, part of that reality is making sure the plows can safely clear the roads — including keeping the right-of-way clear.

Recommended for you

Welcome to the discussion!

The Idaho State Journal invites you to take part in the community conversation. But those who don't play nice may be uninvited.

Comments that are:

  • off topic
  • defamatory
  • libelous
  • obscene
  • racist
  • abusive
  • threatening
  • an invasion of privacy (doxxing)
  • profane (including attempts to misspell profanity in order to get around the profanity filter)

will be deleted. Repeat offenders will lose commenting privileges.

Comments are opinions of the author only, and do not reflect the opinions or views of Idaho State Journal.