08.b ROW Maintenance Ordinance Memo
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MEMORANDUM
To: Mayor and City Council
From: Amanda Johnson, City Attorney
Date: October 21, 2025
Re: City Road and Right of Way Maintenance Ordinance
Introduction
Over the past few months, the City Council has engaged in multiple discussions regarding the
City’s ownership of City roads. City Staff have received multiple calls and emails from residents
questioning the scope of the City’s authority to maintain City roads, typically residents are
inquiring about the City’s authority to mow the ditches. City Staff have also encountered frustrated
property owners while City Staff is attempting to maintain the ditches. Occasionally, City Staff
must stop work on the road due to the behavior of the property owner.
As a reminder, the City has ownership over City roads through multiple ways, including: (1) platted
roads; (2) deeded roads; (3) road easements; and (4) the statutory dedication of roads. Platted or
deeded roads and road easements typically include a specific road width, often 66 feet. However,
roads that have been statutorily dedicated do not have a set width. Instead, the scope of the City’s
ownership is limited to the actual use and “maintenance of a quality and character appropriate to
an already existing public road.”1
In an effort to provide property owners with clarity regarding the City’s ownership of statutorily
dedicated roads, City Staff is requesting that the Council authorize an ordinance that would clearly
define the scope of the City’s ownership for statutorily dedicated roads.
Proposed Ordinance
Currently, the City has both a Right of Way Maintenance Policy (“Street Policy”), codified at City
Code § 32.08, and an ordinance regarding general right-of-way management at City Code Chapter
151. The City’s Street Policy specifically addresses reshaping ditches, mowing, culvert repairs,
snow removal, and tree removal/trimming. City Code Chapter 151 does not fully explain the City’s
legal authority pursuant to Minn. Stat. §160.05.
1 Town of Belle Prairie v. Kliber, 448 N.W.2d 375, 279 (Minn. App. 1989) (quoting Shinneman v. Arago Twp., 288
N.W.2d 239, 242 (Minn 1980)
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Therefore, City Staff is proposing an amendment to City Code Chapter 151 to codify the City’s
ownership authority as it relates to statutorily dedicated roads. The proposed ordinance language
will include:
Brief description of how City obtains ownership for roads (plats, deeds, easements, and
statutory authority).
City’s desire to clearly define the actual use and maintenance for statutorily dedicated
roadways.
Reference to City’s Road Policy for specifics regarding reshaping ditches, mowing, culvert
repairs, snow removal, and tree removal/trimming.
Expressly identify that the distance of a statutorily dedicated City road shall be at the
discretion of the City directly related to the maintenance activities, but in no event shall
exceed 66 feet.
Depiction of roadway:
Council Action and Direction
1. Discuss memo and proposed ordinance with Council.
2. Receive direction from Council regarding ordinance.