28-6705. Public road and street
maintenance
(L10, Ch. 244, sec. 15. Eff. 10/1/11)
A. The board of supervisors may spend public monies for maintenance of public roads
and streets other than legally designated state and county highways located without the
limits of an incorporated city or town. Before spending public monies under this
section, the roads or streets shall be both:
1. Laid out, opened and constructed without cost to the county.
2. Completed pursuant to a plat approved pursuant to sections 11-802 and 11-822 and
in accordance with standard engineering road specifications adopted by the board of
supervisors to ensure uniform compliance.
B. The board of supervisors may spend public monies for maintenance of public roads
and streets laid out, constructed and opened before June 13, 1975 even if the roads and
streets were not constructed in accordance with subsection A of this section.
C. Maintenance of a public road or street does not include purchasing or laying
cement. To reduce long-term maintenance costs for maintenance authorized by this
section, the board of supervisors may spend monies to add rock products, gravel and
processed materials to the base of the roads and streets. Petroleum based or nonpetroleum
based products may be used in the maintenance and repair of unpaved roads, alleys and
shoulders identified pursuant to section 9-500.04 or 49-474.01 or unpaved roads, alleys
and shoulders in any county where the control officer as defined in section 49-471
certifies to the board of supervisors that emissions from such roads, alleys or shoulders
may endanger compliance with the national ambient air quality standard as defined in
section 49-401.01.
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