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County Pothole Repair Model Policy

Car and winter pothole on open road

Note: The below model policy is a risk management tool and is not intended to constitute legal advice. This is a model policy for a county’s consideration.* Models should be customized as appropriate for an individual county’s circumstances in consultation with the county attorney or other legal counsel.

*This policy is closely based on “Model Policy on Pothole Repairs,” League of Minnesota Cities, May 10, 2022.

County of _______, Minnesota Pothole Repair Policy

1. Introduction

The County of _____, Minnesota finds that it is in the best interest of its residents for the county to do the maintenance of its county roads. An important part of road maintenance is the repair of potholes. The county will repair potholes in a safe and cost-effective manner, keeping in mind safety, budget, personnel, and environmental concerns. The county will use county employees, equipment and/or private contractors to provide this service. Pothole repair is part of the county’s overall pavement management program.

2. Application

This policy applies to county roads, including county state aid roads maintained by the county. It does not apply to other governmental unit’s roads that go through the county unless there is a specific agreement between the county and that other governmental unit.

3. When Will the County Repair Potholes?

The County Engineer will decide when to conduct pothole repairs. Repairs will consist of two elements:

  • Crew Repair: A crew will be assigned an area to inspect. It will repair any potholes it finds in that area. Each road will be inspected at a minimum of once a year depending on available resources and factors such as weather and other road work that needs to be done. The timing for the repairs will also be based upon those factors.
  • Response to Complaint or Accident: A crew will be sent out to inspect any road when the county receives a complaint or notice of an accident or damage involving a pothole. A record of the complaint will be maintained for at least seven years.

4. Criteria for Pothole Repair

Not every imperfection in a road surface is necessarily considered to be a pothole in need of repair. The general criteria for repair will be a pothole that is two (2) inches or more deep and over five (5) inches in diameter. The County Engineer or his or her designated employee will have discretion to decide if a condition is a pothole in need of repair.

5. How Will Potholes Be Repaired?

Potholes will be repaired temporarily during cold weather with a cold asphalt mix or other means. During cold weather, the repairs will be limited to those determined to be hazardous for motor vehicles. In warmer weather and when hot asphalt mix is available, potholes will be filled with the hot asphalt mix or other means for a more permanent repair.

6. Priorities and Schedule for Which Roads’ Potholes Will Be Repaired

The county has classified county roads based on the road function, traffic volume, and importance to the welfare of the community. The county will repair those roads first that are high volume and high-speed routes that connect major sections of the county and provide access for emergency fire, police, and medical services.

The second priority roads are those roads providing access to schools and commercial businesses. The third priority roads are low volume residential roads. The fourth priority areas are alleys and county parking lots.

7. Weather Conditions

Pothole repairs will be conducted only when weather conditions do not limit the ability to perform the work or when such work would not endanger the safety of county employees and equipment. Factors that may delay repairs are cold temperatures, rain, snow, and ice conditions.

8. Documentation

Workers will document all road repairs to potholes that are made under this policy. Records will not necessarily identify each individual pothole, but may show the general road location where repairs were made.

9. Warning Signs or Devices

If the county knows of a pothole in a road and does not or is not able to repair it, it will consider whether it should use warning signs or devices. Factors that will be examined will be the location of the pothole, how dangerous it is, and whether a warning sign or device would be effective. When considering warning signs or devices personnel should consider whether the potholes or defects are so common or numerous that placing warning signs or devices would consume scarce county resources and whether placing such warning signs or devices for such defects might breed disrespect for the signs and devices placed in the county generally.

10. Review and Modification of Policy

The County Engineer shall keep on file all comments and complaints received regarding this policy. The policy will be reviewed periodically. Any review will consider comments and complaints since the last review and any other factors affecting the policy or its implementation.

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