If you're like most of the residents in Singletree you probably have never given any thought to the land where your property meets the street.  In most cases, that strip of land adjacent to the street, which you probably thought was yours, is actually part of the Eagle County right-of-way.

Many property owners have, in a well-meaning desire to enhance the look of their property, illegally encroached on the right-of-way.  This encroachment by adding plantings, rocks and even leveling out ditches not only violates county ordinance, but it puts the property owner at a very real liability risk.

So what's the harm?  In winter, landscaping rocks can not only damage county plows, but actually stop a plow and put the driver at risk.  In summer, during a strong micro-burst (heavily localized rain storm), blocked drainages could cause road flooding and damage to adjacent properties.  These aren't hypothetical situations, they've happened here and in other communities in Eagle County.

Below is an example of a ditch that's been filled in with rocks that could create drainage problems in the summer.  Because the rocks are even with the grade of the road they can easily be caught by a snowplow blade.

The next graphic shows one of the roads in Singletree.  You can see that the right-of-way is 50' wide.  Most of our side roads are 22.5' wide and our major roads are 28.6' wide.  So where does your property line really end?  Generally within 12'-15' from the edge of the road.

Because this is a county ordinance issue, neither the Berry Creek Metro District or the Singletree Property Owners' Association has direct enforcement authority.  However, we feel that it is our responsibility to alert the county to properties where right-of-way encroachment is clearly in violation. 

Here are the two specific sections in the county code that specifically pertain to the issue:

5.04.04 Construction Within the Public Way

Construction Within the Public Way shall mean to construct, reconstruct, build, rebuild, make, remake, or alter any opening, excavation, tunnel, utility, pipeline, cable, sidewalk, curb, gutter, driveway, or street, or to perform other work of any kind within the public way which will result in the physical alteration thereof.

5.30.01 No person shall erect any fence, house, or other structure, or dig pits or holes in or upon any public way, or place thereon or cause or allow to be placed thereon any stones, timber, or trees or any obstruction whatsoever without first complying with these Regulations. No person shall tear down, burn, or otherwise damage any bridge of any public way, or cause waste water, or the water from any ditch, road, drain, flume, agricultural crop sprinkler system, or other source to flow or fall upon any public way so as to damage the same or to cause a hazard to vehicular traffic. Any person so offending is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than ten dollars nor more than three hundred dollars and shall also be liable to any person or the County of Eagle in a civil action for any damages resulting there from. Upon a third conviction therefore, the offender shall be punished by a fine of not less than ten dollars nor more than three hundred dollars or by imprisonment in the County jail for not more than three days and shall also be liable to each person or the County of Eagle in a civil any damages resulting there from. Each day such condition is allowed to continue upon any public way shall be deemed a separate offense.

You can download and read the entire chapter of the county regulations by clicking here.