FARMINGTON – Commissioners voted to begin the process of discontinuing a small road off of Route 156 in Washington Township at Tuesday’s meeting.
Winter maintenance was previously discontinued for Cherry Hill Road in Washington Township by the county, which oversees non-state road maintenance in the Unorganized Territory. While several landowners abut the road, there is only one full-time residence, plus a couple of camps. The resident wants to maintain the road in the winter and has been plowing snow up to the residence, county officials said Tuesday. A logging company has been plowing snow further along the road.
Maine Municipal Association’s road manual advises against municipalities allowing private citizens to plow closed roads. Plowing the road could open the municipality up to liability issues, the manual indicates.
“The reason for this advice is that a plowed road may appear open and safe to passersby, when in fact it is poorly plowed and hazardous to travel,” the manual reads. “The municipality would likely be sued in the event of an injury, and even if not liable it would incur legal fees in defending itself. The safe approach is to disallow closed roads to be privately plowed.”
Plowing on Cherry Hill Road was an issue last winter, commissioners noted, after the road received some damage relating to the snow not being pushed back enough.
One option that commissioners discussed was discontinuing the road entirely. As the county would no longer be responsible for the road, one or more private residents could plow the road via an easement without the potential for liability on the part of the county.
Commissioners Terry Brann of Wilton and Clyde Barker of Strong both voted to begin the process to discontinue the road. That process is a lengthy one, County Clerk Julia Magoon noted, requiring a public hearing among other steps.
