White Oak Township Road Policy
The purpose of this policy is to enact guidelines for building and maintaining public roadway within White Oak Township. Private roads or roadways within plats which are within the boundaries of White Oak Township are also governed by the policy to the extent that at some future point, the township may be petitioned to take over such private or platted roads and therefore certain requirements must be met when building roadways within this township.
The policy is designed to give general guidance regarding the building and maintaining of White Oak Township roads and the policy alone does not grant the right or interest in the acceptance of a road for maintenance by the township. It is within the sole discretion of the township board of supervisors to accept or refuse to accept any road for maintenance which is not a township road at the date of acceptance of this policy.
Prior to accepting any roadway in a new plat, the township requires that such new roadway, even though private, must be built to the township specifications regarding roads before acceptance of the plat will be made.
This policy may be altered or amended at any time at the town board’s sole discretion. Copies of the policy and its revisions are available from the White Oak Township clerk.
- The township will maintain all designated township roads, either directly or by agreement with another township as it pertains to town line roads. At this writing, those roads include the following as they are now constructed: 170th; 180th St., 190th St., 200th St., 220th St.; 229th Ave (east side), 299th Ave., 319th Ave., 329th Ave.; 335th Ave., Cass Line Rd., Diamond Dr., Empire Loop, Empire Trail, Far North Dr., Firefly Drive, Firefly Trail, Flying Eagle Drive, Foxfire Dr., Fordyce Rd., Frost Bite Rd.
- The township board of supervisors have the final decision in determining which township roads must meet township specifications.
- Before any new roads are taken over and maintained by the township, said roads must meet or exceed township road specifications.
- Damage to township roads by contractors, homeowners, loggers, agriculture business or all-terrain vehicles must be repaired to the satisfaction of the township at the damager’s expense.
- Requests and petitions for road improvements must be submitted to the township road of supervisor for consideration. Because major road improvements must be considered prior to setting the township tax levy at the annual meeting, it would behoove those who would request a major improvement to meet with the town board prior to that date so the road project may be included in the road and bridge levy request.
- The basic statutory procedure to formally establish a township road is contained in Minn. Stat. §164.07. This procedure allows a town board to acquire easements for a road through gift, purchase, or eminent domain. The process can be initiated either by a petition brought by owners, or by the board upon receiving elector authorization at an annual or special town meeting as provided in Minn. Stat. §164.06, subd.1. The essential elements of the process are notice to the owners, a hearing, award of damages, and an opportunity for appeal.
- Requests for blacktopping township roads must be supported by 85 percent of the landowners directly affected by the project. The total cost is to be borne 100 percent by those landowners affected, except by vote of White Oak Township Board. All such landowners will be assessed evenly on front footage regardless if there is an existing building or a future building site. Any such assessment is to be for not more than seven calendar years. Also, the roadway, ditches, road base and general road condition must meet proper requirements for blacktopping, as set by the county engineer. The White Oak Township Board has full authority to accept or reject any request for blacktopping roads.
- New driveway approaches entering a township road must be reviewed by the township board. In the event of a driveway access being opened onto a township road, the driveway access must meet the township road specifications (as attached), a permit must be filed with the township clerk, and if necessary, a 15 inch minimum metal or plastic culvert must be installed at the property owner’s expense, according to the township road specifications. There is no cost for the permit.
In the event these requirements are not met, the individual property owner is to be advised in writing that he/she is in violation of Minnesota road statutes which prohibit operations in the road right-of-way without permission of the road authority. In particular, Minn. Stat. §160.27, subd. 5 and 6 describes such activity as a misdemeanor finable up to $700 and carrying a period of jail time up to 90 days. If suitable arrangements have not been made for compliance, the next step would then be to contact a local attorney to ensure compliance.
- Signage or other privately owned material is prohibited from all township road rights-of-way without the approval of the township board. Mailboxes may be installed by the landowner and must comply with MN Rule 8818 and U.S. Postage Service regulations. Mailboxes should be installed with the bottom of the box at a vertical height of between 41-45 inches from the road surface on the right-hand side of the road and in the carrier’s direction of travel and should be set back 6 to 8 inches from the road edge to the mailbox door. A swing-away mailbox stand is recommended.
- Cartways refer to a means of access to a parcel of land, most commonly at least five acres or more in size, that would be landlocked without such access provided it is at least 30 feet wide. Minn. Stat. § 164.08, subd. 2(d) states the town board is not to spend any money on a cartway unless it passes a resolution determining such expenditures to be in the public interest. While created by order of the town board pursuant to Minn. Stat. 164, cartways are generally intended for the benefit of the property owner(s) of one or more parcel(s) of land and must be paid for and maintained by the benefiting party.
- A road in a development must be built to township road specifications (see attached Appendix A) and must be approved by the town board before plat approval is complete. Before the township will consider a proposed plat, a $50 plat approval fee and a preliminary plat drawing in both print and electronic form are required. Electronic files shall be autocad/PC compatible.
- Land may be dedicated to a town for a public road by plat. When an owner develops a plat, he or she is required to show all roads intended to be dedicated to the public. When a plat is recorded, all lands dedicated for public use are held in trust in the town’s name for the purpose indicated on the plat. Conveyance does not require acceptance by the town board. Once the roads are dedicated, it is left to the town board to determine when it will open and maintain the roads. The town has no maintenance obligation on a dedicated road until the town board agrees to open and maintain it as a town road. Minn. Stat. §164.11 indicates a road dedicated by plat becomes a cartway.
- Any roadways within a plat will remain private until such time as the town board is petitioned to consider taking over maintenance of such road. It is important to remember that the decision to establish a road is left to the discretion of the town board. Even though elector authorization may be sought to initiate the process, and a hearing is a mandatory part of the process, the board must ultimately decide the issue. If the developer or owners within a plat are interested in having the town take over maintenance of a platted road, they need to formally make the request at a town board meeting. Some of the factors the board should consider when reviewing such a request are the cost of maintenance, the number of dwellings abutting the roadways, the condition of the roads, and the degree of hardship suffered by the landowners because of the alleged failure to open or maintain the roads.
- The following are minimum road requirements that must be met in order for the township to be petitioned and take over maintenance of a private road.
- All new roads must be a 66 ft. right-of-way and must be platted at that 66 foot dimension. All 66 ft. of the roadway must be cleared. All roads shall intersect the township road at a right angle.
- Roads shall be established and constructed so as to have a 22 ft driving surface or road top.
- A road taken over for maintenance by the township must have adequate sub-grade with a minimum of 4 inches of compacted Class 1 gravel over the sub-grade.
- Appropriate ditches (2 foot minimum bottom must be present on both sides of the road, which shall provide for appropriate drainage. In-slopes are to be 3:1.
- All dead-end roads must have a cul de sac that meets township specifications as shown on Appendix A.
- Road culverts shall be installed as necessary for adequate drainage according to the township road specifications shown in Appendix A.
- O stumps, rocks over 12 inches in diameter, or other debris shall be buried inside the road bed or in-slope or within one foot of the road surface. No rocks over 6 inches in diameter can be placed within one foot of the top of the road bed.
- Erosion control shall be undertaken based on Minnesota Pollution Control Agency (MPCA) guidelines. MPCA permits shall be required as needed.
- Road surfaces must have the following crowns: gravel surfaces should equal 1/3 inch of drop per foot of road width (2.8%).
- The township may consult a licensed engineer if desired.
- Dust suppression material may be applied by a Home Owner on a Township Road. Conditions of this application are as follows:
- The Dust suppression material and labor are at the Property Owner’s expense.
- The maximum length of an application is up to 1/8thof a mile or for an individual property.
- The application must not extend beyond the frontage of that Property Owner parcel/s.
- The White Oak Township Board or designee may approve the permit for dust suppression and an approved permit shall be recorded at the next board meeting.
- The application of dust suppression material must not exceed the Minnesota DOT Guidelines.
Addendum to White Oak Township Road Policy August 6, 2024
WHITE OAK TOWNSHIP ROAD DUST CONTROL APPLICATION POLICY
It is the intent of this policy to define criteria and guidelines for White Oak Township with Hubbard County to administer and apply dust control on White Oak Township gravel roads. The criteria for which White Oak Township will fund 100% of the cost for dust control to township roads will be within the parameters as follows:
- The road must be projected to carry a relatively heavier traffic volume.
- The road has been recently graveled (past two years).
- The road is deemed to need additional maintenance from spring road inspection.
- The township board is the road authority and has final approval of any determination to apply dust control
Property owners along non-treated township roads may apply for application of dust suppressant for residential treatment of roads through the application process outlined below.
Notice
Dust Control
White Oak Township with Hubbard County will be applying DuraBlend to gravel roads within the Township for dust control this summer. The cost for one applications is $ __TBA_____ for each 100-foot length by 20-foot width. Weather permitting, the application will be applied by the end of June. Areas for dust control will be graded prior to the application and again as needed.
NO GUARANTEE is made for the performance of the material, but it has been used in previous years with positive results. Questions: Call 218-652-3456.
DUST CONTROL APPLICATION WILL NOT BE MADE UNLESS PAYMENT IS RECEIVED BY MAY 1, 2025.
Please mail your request for Durablend with a check to: White Oak Township, 21662 State 64, Akeley, MN 56433.
PLEASE FLAG THE STARTING POINT FOR YOUR DUST CONTROL APPLICATION. State the number of feet requested, direction for Durablend Application from the flag (North, South, East, West), location (Address, Township Road number, Section,), and your telephone number.
WHITE OAK TOWNSHIP, 21662 STATE 64, AKELEY, MN MN 56433
DUST CONTROL PROGRAM RESIDENTIAL SIGN-UP
Name: ________________________
Address: ____________________________________________
Daytime Phone: _____________________________
Application address (if different than above):______________________________
Township Road name: _________________________
Email: ______________________Length Requested __________ ft. (min. 100ft)
The cost of application of Durablend will be $________/foot
*All Township roads will be sprayed 20’ wide.
I/we understand that upon sign-up, I/we must pay 100% of the cost or the request will not be considered.
I/we understand that due to weather and road conditions, White Oak Township does not guarantee the application will last the entire season.
I/we understand White Oak Township or governing road authority has the right to maintain the dust control area as needed due to road conditions.
**You must clearly mark the start and end point for the application area. If this is not done, application area will be determined by the applicator. **
**SIGN UP MUST BE RETURNED NO LATER THAT MAY 1st, 2025 TO BE CONSIDERED FOR COVERAGE**
Signature: ______________________________
Date: ___________________________
*****************OFFICE USE ONLY*******************
Total Cost: ___________ Payment Received: Cash__________ Check _____ Check #__________ Date: __________
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