As commissioners, one of the most common questions we hear from residents is, “Why can’t the county fix my road?”
Sometimes the answer is simple: The road doesn’t belong to the county.
Montezuma County maintains a specific network of public roads. County Road and Bridge crews are responsible for maintaining those roads using public money approved through the county budget. When a road is privately owned, however, the county generally cannot simply send a crew, equipment or taxpayer-funded materials to repair it.
A public road is generally owned or maintained by a governmental entity and is available for public use. In Montezuma County, the Road and Bridge Department is responsible for maintaining roads that are part of the county road system. These roads are designated by green road signs.
Private roads are different. They may be owned by an individual, a group of property owners, a homeowners association or another private entity. Responsibility for maintaining those roads belongs to the owner or owners. These roads have red road signs.
A road being used by the public does not automatically make it a county road.
It may seem reasonable to ask why county equipment couldn’t be used to repair a private road, particularly when the road is used by multiple residents or provides access to several homes.
The problem is that county employees, equipment and materials are paid for with public funds. Those resources can only be used for legitimate public purposes.
Using taxpayer-funded resources to improve a privately owned road could provide a direct benefit to private property owners without a legal public purpose or authorization.
In other words, it isn’t simply a matter of whether the Road and Bridge Department has the equipment or whether a crew has time available. There are legal and financial limitations on how public resources can be used.
There can be exceptions when public safety or emergency response is involved.
Emergency responders may need to use private roads to reach homes, respond to fires or provide other emergency services. That does not necessarily mean the road becomes a county road or that the county assumes responsibility for maintaining it. Emergency access and road maintenance are two different issues.
Who is responsible for a private road? The answer depends on how the road is owned and the agreements associated with it.
In some cases, individual property owners share responsibility. In others, a homeowners association, road association or other private entity may be responsible for maintenance.
Property owners should review their deeds, easements, subdivision documents or private road agreements to understand who is responsible for maintenance.
Residents who live on private roads may want to work with their neighbors to establish a formal road maintenance agreement or association. This can provide a way for property owners to share the cost of grading, snow removal, drainage work, gravel and other maintenance.
The county can provide information about whether a road is part of the county road system, but county employees cannot take responsibility for maintaining a private road.
Why does this matter? The distinction between public and private roads protects taxpayers and helps ensure that public resources are distributed fairly.
If county crews maintained one private road simply because residents requested assistance, other property owners could reasonably ask why their private road was not receiving the same treatment. Before long, the county would be expected to maintain hundreds of miles of roads that it does not own or have the legal responsibility to maintain.
That would place significant costs on taxpayers and could take resources away from the county roads the Road and Bridge Department is legally responsible for maintaining.
If you’re unsure whether a particular road is a county road, the first step is to contact Montezuma County Road and Bridge. The department can help determine whether the road is part of the county-maintained road system and explain what services the county provides.
Understanding who owns and maintains a road can save residents time and frustration – and helps ensure that road concerns are directed to the agency, organization or property owners who are actually responsible.
The bottom line is simple: County tax money is intended to maintain county roads. Private roads are generally the responsibility of the people who own them.
That distinction isn’t about whether the county wants to help. It’s about making sure public resources are used legally, responsibly and fairly for all Montezuma County taxpayers.
The Montezuma County Board of Commissioners is Chairman Jim Candelaria (District 1), Vice Chairman Kent Lindsay (District 2) and Commissioner of Deeds Gerald Koppenhafer (District 3).
