07.b ROW Maintenance Ordinance 2025-17
[24947-36045/3707325/1] 1
MEMORANDUM
To: Mayor and City Council
From: Amanda Johnson, City Attorney
Date: November 18, 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 and general road maintenance, City Staff is recommending the Council adopt the
following ordinance.
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)
[24947-36045/3707325/1] 2
Proposed Ordinance
§ 151.48 Scope and Authority for City Road Use and Maintenance
A. City Road Ditches. Cities have the power to repair, clean out, deepen, widen, and
otherwise improve public road ditches within their jurisdiction and under their
supervision pursuant to Minn. Stat. § 160.201.
B. Mowing and Related Activities. Minn. Stat. Chapter 18 requires that the City remove
the noxious weeds along City roads. The City Council hereby delegates the Public
Works Director as the “Local Weed Inspector” and authorizes the Public Works
Director or their designees to undertake mowing and other activities as deemed
necessary to remove the noxious weeds located within the shoulder, foreslope,
ditch, and backslope area of City roads as depicted in Figure 1 below.
Dedication of Roads. The City recognizes that due to the rural nature and history of the City
many of the City maintained roads have been statutorily dedicated to the City pursuant to
Minn. Stat. § 160.05. For City roads dedicated to the City under Minn. Stat. § 160.05, the
City desires to make it clear that the actual use of the road includes the shoulder, foreslope,
ditch, and backslope areas as depicted in Figure 1 above, as those areas are needed to support
and maintain the road, and they are maintained by the City. In the event the road does not
have a ditch, the use of the road shall include that which is maintained by the City and
deemed in the City’s sole discretion to be areas needed to support and maintain the road.
[24947-36045/3707325/1] 3
Council Action and Direction
Motion to approve Ordinance 2025-17 enacting Scandia City Code Chapter 151,
Section 151.48 to clarify the scope of City road use and maintenance.
[24947-36045/3722527/1] 1
CITY OF SCANDIA
ORDINANCE NO. 2025-17
AN ORDINANCE ENACTING SCANDIA CITY CODE CHAPTER 151, SECTION
151.48 TO CLARIFY SCOPE OF CITY ROAD USE AND MAINTENANCE
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1: ENACTMENT. The City of Scandia, Chapter 151 – Section 151.48 Scope and
Authority for City Road Use and Maintenance, shall be enacted as follows:
§ 151.48 Scope and Authority for City Road Use and Maintenance
A. City Road Ditches. Cities have the power to repair, clean out, deepen, widen, and
otherwise improve public road ditches within their jurisdiction and under their
supervision pursuant to Minn. Stat. § 160.201.
B. Mowing and Related Activities. Minn. Stat. Chapter 18 requires that the City remove
the noxious weeds along City roads. The City Council hereby delegates the Public
Works Director as the “Local Weed Inspector” and authorizes the Public Works
Director or their designees to undertake mowing and other activities as deemed
necessary to remove the noxious weeds located within the shoulder, foreslope, ditch,
and backslope area of City roads as depicted in Figure 1 below.
[24947-36045/3722527/1] 2
C. Dedication of Roads. The City recognizes that due to the rural nature and history of
the City many of the City maintained roads have been statutorily dedicated to the City
pursuant to Minn. Stat. § 160.05. For City roads dedicated to the City under Minn. Stat.
§ 160.05, the City desires to make it clear that the actual use of the road includes the
shoulder, foreslope, ditch, and backslope areas as depicted in Figure 1 above, as those
areas are needed to support and maintain the road, and they are maintained by the
City. In the event the road does not have a ditch, the use of the road shall include that
which is maintained by the City and deemed in the City’s sole discretion to be areas
needed to support and maintain the road.
Section 2: Effective Date. This ordinance shall be in full force and effect upon its adoption.
Passed and adopted by the City Council of the City of Scandia this ___ day of _______________,
2025.
____________________________
Steve Kronmiller, Mayor
ATTEST:
____________________________
Kyle Morrell, City Administrator