Ohio § 5541.05

§ 5541.05.

(A) Except as otherwise provided in division (D) of this section, a board of county commissioners

by resolution may place a graveled or unimproved county road under its jurisdiction

that is not passable year-round or any portion of such a road on nonmaintained status.  Prior to adopting a resolution that places a road on nonmaintained status, the board,

at special or regular meetings, shall hold at least two public hearings to allow for

public comment on the proposed resolution.  The board shall publicize the times and places of the hearings by causing a notice

to be published in a newspaper of general circulation in the county in which the road

is located at least ten days prior to the date of the first meeting.  If the county maintains a web site on the internet, the same notice also shall be

posted on the web site at least ten days prior to the date of the first meeting.  Upon adoption of such a resolution, the board is not required to cause the road

to be dragged at any time, or to cut, destroy, or remove any brush, weeds, briers,

bushes, or thistles upon or along the road, or to remove snow from the road, or to

maintain or repair the road in any manner.  The board, in its discretion, may cause any of these actions to be performed on

or to a road that it has placed on nonmaintained status. (B) Prior to adopting a resolution under division (A) of this section, the board shall

request the county engineer to issue an advisory opinion regarding the consequences

of placing the road on nonmaintained status, including any impact such action would

have on adjoining property owners.  A board may adopt a resolution under division (A) of this section only after the

county engineer issues the advisory opinion and the county engineer, in the advisory

opinion, finds that placing the road on nonmaintained status will not unduly adversely

affect the flow of motor vehicle traffic on that road or on any adjacent road. (C)(1) A board may terminate the nonmaintained status of a county road by adopting a resolution

to that effect.  If the owner of land adjoining a road that has been placed on nonmaintained status

requests the board to terminate the nonmaintained status of the road, the board, in

its resolution that terminates that nonmaintained status, may require the owner to

pay the costs of upgrading the road to locally adopted county standards. (2) If the owner of land adjoining a road that has been placed on nonmaintained status

upgrades the road to the standards most recently certified by the county engineer

for the road, the board shall terminate the nonmaintained status of the road and then

shall maintain and repair the road according to such standards.  However, division (C)(2) of this section does not apply to a road or portion of

a road that, prior to being placed on nonmaintained status, was not certified by the

board of county commissioners to the director of transportation in accordance with division (D) of section 4501.04 of the Revised Code as mileage in the county used by and maintained for the public. (3) The owner of land adjoining a road that was placed on nonmaintained status prior

to April 7, 2009, or the owner of land whose only access to such a road is by easement

may petition the board for review of the nonmaintained status of the road if the road

provides the exclusive means for obtaining access to the land.  Upon receipt of a petition, the board shall review the status of the road and shall

terminate the nonmaintained status if the board finds that the road provides such

exclusive means for obtaining access to the land.  After completing the review, the board shall adopt a resolution either retaining

or terminating the nonmaintained status of the road.  If the board terminates the nonmaintained status of a road under division (C)(3)

of this section, the board shall not require the owner to pay the costs of upgrading,

maintaining, or repairing the road.  However, division (C)(3) of this section does not apply to a road or portion of

a road that, prior to being placed on nonmaintained status, was not certified by the

board of county commissioners to the director in accordance with division (D) of section 4501.04 of the Revised Code as mileage in the county used by and maintained for the public. (D) A graveled or unimproved road may not be placed on nonmaintained status if the road

is the exclusive means for obtaining access to land that adjoins that road and the

road is passable year-round. (E) For purposes of this section, a road is passable year-round if a four-wheeled, two-wheel

drive passenger motor vehicle can be driven on the road year-round, apart from seasonal

conditions caused by weather-related events.