TO: All Antelope County Landowners
Referencing Nebraska State Statutes 39-301, 39-302, 39-1811, 39-1812, and 39-1813.
You are informed that the Antelope County Board of Commissioners adopted the following resolution at their April 13th, 2021 board meeting:
WHEREAS, in 2008 the Antelope County Board of Supervisors passed a resolution regarding obstructions in Antelope County Road rights of way, it is the Antelope County Board of Commissioners intention to update said resolution; and
WHEREAS the Antelope County Board of Commissioners has received evidence that unauthorized fences, crops, trees, shrubs, weeds, tall grass, berms, trash, equipment and other obstructions placed within the public rights-of-way maintained by Antelope County cause hazards that endanger motorists, County employees, and County equipment, and interfere with the proper maintenance of the roadway, especially during road maintenance, construction, and snow removal operations.
NOW, THEREFORE, BE IT RESOLVED that Antelope County shall, after first giving reasonable notice to the affected landowner, exercise its right to remove hazards from the public rights-of-way except that no notice shall need to be given during snow removal operations or emergency operations; and
BE IT FURTHER RESOLVED that Antelope County Road Department employees shall identify and document such hazards, shall provide ten days written notice to any affected landowner to remove the hazards from the right-of-way, and, if such hazards remain within the right-of-way ten days after Antelope County gives such notice to any affected landowner, shall remove the hazards, returning all salvaged materials to the affected landowner.
BE IT FURTHER RESOLVED that Antelope County Road Department employees shall invoice the costs of the removal of the hazards to the affected landowner, including the cost of labor and machine use.
Dated this 13th day of April, 2021.
You are further notified that the County Board of Commissioners intends that the above resolution shall be enforced, and that any person may make a proper complaint regarding a violation of the above resolution to the Commissioner(s) or Road Superintendent.
Antelope County Board of Commissioners
39-302 Roads; sprinkler irrigation system; restrictions; violations; penalty.
A sprinkler irrigation system which due to location or design diverts, or is capable of diverting, water onto or across a public road so as to saturate, wash, or impair the maintenance, construction, or pass ability of such public road or allows water to accumulate on the roadway or traveled surface of the public road shall be equipped with a device which will automatically shut off the end gun of the irrigation system causing such diversion or accumulation of water. Any person who fails to comply with this section shall, upon conviction thereof, be guilty of a Class IV misdemeanor, except that section 39-301 shall be controlling with respect to mechanical malfunctions and normal weather conditions.
39-1811 Weeds; mowing; duty of landowner; neglect of duty; obligation of county board; cost; assessment and collection.
(1) It shall be the duty of the landowners in this state to mow all weeds that can be mowed with the ordinary farm mower to the middle of all public roads and drainage ditches running along their lands at least twice each year, namely, sometime in July for the first time and sometime in September for the second time.
PUBLISH: June 30, 2021