Stephens County Looks At Right of Way Ordinance Possibility

Stephens County is looking at writing an ordinance to cover what can and cannot go in or on the county’s right-of-way along county roads.

The county commission discussed the possibility of such an ordinance at its meeting on Tuesday.

Stephens County Administrator Phyllis Ayers said that the county will receive complaints about things added to or built on the right of way that are not supposed to be there.

Ayers says a right-of-way ordinance would clear that up.

“For example in Athens-Clarke County, some things that are prohibited in that right of way is installation and operation of irrigation systems, parking or placement of dumpsters, placement of fences and walls, signs, and any structure that is not part of the public infrastructure,” said Ayers. “We have the mowing crew that comes down these roads and it can hinder that and it can hinder the drainage system.”

According to Ayers, she dealt with about a dozen or so of these problems last summer along.

She said it usually stems from a call from a neighbor who says that something put in the right-of-way is affecting their drainage or their property.

Stephens County Commissioner Debbie Whitlock had questions, however.

“If we create yet another ordinance, how are they really going to know about that?” asked Whitlock, who said that if people did not follow the ordinance because they did not know about it, the county would be in the same situation it is now.

Commissioner Dean Scarborough said though that it would make everything clear from a legal perspective.

According to Scarborough, it would clearly tell people what they could and could not do.

Stephens County Attorney Brian Ranck said that there is no way to ensure that people would know about the ordinance, but adds that having the ordinance provides a clear legal base for the county to stand on in these situations.

Ayers presented the county commission with sample right-of-way ordinances from Habersham County, Forsyth County, and Athens-Clarke County.

County commissioners instructed Ayers to draw up a sample of a Stephens County right-of-way ordinance for them to consider.