The County Commissioners of Caroline County are authorized and
empowered by §§ 10-317 and 10-319, and Title 12, Subtitle
5, of the Local Government Article of the Annotated Code of Maryland
to control and regulate the public roads, bridges, and rights-of-way
in Caroline County, subject to the provisions of this chapter and
of the Public General Laws of the state. The Caroline County Director
of Public Works shall have the general supervision of the County roads,
bridges, and rights-of-way in Caroline County, and the work done thereon.
Unless clearly indicated otherwise by the context, in this chapter
the following terms have the meanings indicated:
ACCESS
A location along a County roadway planned, designed, or used
to enter or exit a County roadway from a highway, street, road, roadway,
alley, lane, thoroughfare, right-of-way, easement, driveway, or field.
"Access" includes the right to use such a location.
ACCESS PERMIT
A written license issued by the County Director of Public
Works pursuant to procedures and criteria established by this chapter.
ADJACENT LANDS
Any lands directly abutting or adjoining one or more County
roads or rights-of-way.
AGRICULTURAL ACCESS
Ingress or egress of farm equipment to or from a County roadway
for agricultural land management activities.
BRIDGE
A traffic-bearing structure within a roadway, spanning a
waterway, drainageway, depression, or obstruction, that requires periodic
documented and certified inspection and condition survey under provisions
of the Maryland State Highway Administration and the Federal Highway
Administration.
COUNTY
Caroline County, Maryland.
DEPARTMENT
The Caroline County Department of Public Works.
DESIGN MANUAL
The Caroline County Manual of Specifications and Design Standards
for County Roads, containing construction, maintenance and repair
standards and specifications for County roads and rights-of-way, as
developed, adopted, revised and amended from time to time by the Caroline
County Department of Public Works.
DIRECTOR
The Director of the Caroline County Department of Public
Works or a duly authorized agent of the Director.
EASEMENT
The right to use the land of another for one or more designated
purposes by prescription, deed, plat or other lawful means without
having title to the land.
PERSON
Includes an individual or individuals, partnership, limited
partnership, trust, estate, association, corporation, public utility
or any other entity.
PUBLIC UTILITY
Any business or service which is engaged in regularly supplying
a commodity or service of public need or desire, including but not
limited to electricity, gas, water, sewer, telephone and cable television.
RIGHT-OF-WAY
Any land area which has been dedicated to the public use
by a plat of subdivision or other instrument recorded in the land
records of the County; and any land area deeded to or acquired by
the County for road or transportation purposes; and any land area
which has been conveyed to a public agency by easement for public
use for road or transportation purposes; and any land area which has
been declared by competent authority to be a public right-of-way through
use or through prescriptive usage in accordance with Maryland law;
and any land area along a County-maintained road which falls within
the traveled way or the shoulders and side ditches of the County-maintained
road.
ROAD
Any travel way or right-of-way, whether open or not, and
any land area dedicated to public use in a recorded deed or recorded
plat of subdivision for the purpose of, or used for, passage of vehicular
or pedestrian traffic, together with adjacent appurtenant drainage
ditches, channels, support slopes, bridges, structures, walks and
traffic control devices. This term shall embrace all ways designated
as "roads," "streets," "alleys," "lanes," "paths," "highways," "avenues"
or terms of similar meaning.
A.
PRIVATE ROADAny road which is not a public road and which the title to or the easement for the use of is not vested with the County Commissioners, the County Roads Board, an incorporated town within Caroline County or the State Highway Administration, and for which neither the County Commissioners, the County Roads Board, an incorporated town within Caroline County nor the State Highway Administration have accepted responsibility for maintenance and improvement.
B.
PUBLIC ROADAny road which has been accepted for maintenance by a public agency, political subdivision or incorporated municipality; and any road which lies within a right-of-way owned by, or under the jurisdiction of, the County or dedicated to public use by a recorded deed or recorded plat of subdivision or approved site plan; and any road which has become recognized as public under Maryland law through long use by the general public.
C.
COUNTY ROADA public road or right-of-way the title to which, or the easement for the use of which, is vested with the County Commissioners or the Roads Board of Caroline County and which has been accepted for maintenance by the County; and the land area which falls within the traveled way or the shoulders and side ditches of a road, which shall be a minimum of 30 feet in width, extending 15 feet on each side of the center line. All County roads shall be listed on an inventory of County roads maintained by the County Department of Public Works.
D.
STATE ROADPublic road which is under the jurisdiction of the State of Maryland, or any agency, department or division of the State of Maryland.
E.
FEDERAL ROADA public road which is under the jurisdiction of the United States Government, or any agency, department or division of the United States Government.
F.
MUNICIPAL ROADA public road, the title to which, or the easement for the use of which, is vested with an incorporated town, or a public road which is under the jurisdiction of an incorporated municipality or any agency, department or division of an incorporated municipality or a public road for which an incorporated town or any agency, department or division of an incorporated municipality has accepted responsibility for maintenance and improvement.
ROAD CONSTRUCTION
Any act of opening, cutting into, clearing, grading, cultivating,
excavating, maintaining, repairing, building, constructing, improving
or otherwise altering any road, right-of-way or any part thereof;
also placing any structure, plant or other object in a road, right-of-way
or any part thereof, whether authorized by permit or not; also any
act of establishing or creating an entrance into any road or right-of-way.
This chapter shall apply to the design, construction, improvement,
maintenance, repair, and use of all County roads; and to all roads
which are required to be designed, constructed, improved, maintained
or repaired by the subdivision regulations or the zoning laws of Caroline
County; and to all roads for which approval is sought from the County
to have the road accepted as a County road.
Whenever a doubt exists as to the proper location, width or
ownership of a County road and/or right-of-way, the County may cause
the road and/or right-of-way to be surveyed and a description and
plat made of the road and right-of-way and recorded among the County's
land records. The description and plat shall be considered official
and prima facie correct by the County and courts of the state until
the contrary is proven. The description shall be made by reference
to the original description of the road and right-of-way when acquired
by grant or condemnation. If the original description cannot be found,
the description and plat shall be made of the road and right-of-way
as existing and recognized through use by the general public.
All County roads and rights-of-way shall be a minimum of 30
feet in width, extending 15 feet on each side of the center line.
The width of private roads and entrances onto County roads shall be
determined by the Director pursuant to the access permit process.