Politics & Government

‘The road to nowhere’: Beaufort County won’t use public funds to maintain private roads

Beaufort County may authorize using public funds to fix private roads if an ordinance passes Monday.
Beaufort County may authorize using public funds to fix private roads if an ordinance passes Monday. dmartin@islandpacket.com

Beaufort County won’t be doing maintenance on private roads in the county after all.

An ordinance, regarding the use of public funds to maintain private roads that had previously been supported by the council was voted down Monday night on third reading by the County Council. The ordinance was aimed at improving roads where emergency service vehicles would have difficulty reaching people.

District 10 Councilman Larry McElynn presented information from the county’s Community Services Committee that swayed the council’s outlook on the ordinance.

“On two occasions we would probably look foolish, ‘‘ said McElynn after presenting the committee’s findings. “We would look foolish to pass an illegal ordinance and then we would look foolish suing ourselves to have the ordinance repealed that we passed.”

Specifically, the committee found the ordinance was in contention with the state’s constitution that restricts public funds from being used on private property if the improvement is for the exclusive use of property owners and not the public good.

The ordinance failed by a vote of 9-2.

Councilman Brian Flewelling of District 5 brought forth a motion to postpone action on the ordinance to allow the committee time to find a way for it to fit within state law. Councilman York Glover, District 3, who seconded the motion, reiterated that the ordinance would not be for all private roads in the county, only those where EMS vehicles would struggle.

“I know it would be perceived as being against the law, but sometimes you have to have the courage to stand up against a law that’s not working for you,” said Glover.

Glover also noted that many people in his district couldn’t afford to pay for the maintenance themselves.

“I think we got off on the road to nowhere here,” Vice Chair Paul Sommerville said. “I don’t think this ordinance, as it’s currently configured, could be fixed. I think it’s going to have to be started from scratch.”

McElynn did present an alternative that is currently an option under Beaufort County’s ordinances. Road owners can have their road worked on by the county if they agree to pay for the work either at once or through property taxes or the road owner can give the road to the county, leaving the public responsible for its maintenance.

McElynn encouraged the committee to continue to study the matter.

‘No’ to shipping containers as homes

Also Monday night, the council voted 8-3 to prohibit the use of shipping containers as homes, a trend becoming more and more popular in parts of the U.S.

The county’s stance is that the containers could not satisfy their code requirements and would be prone to rusting in Beaufort County’s high salt environment.

Councilmen Logan Cunningham, Chris Hervochon, and Flewelling.

In other action, the council voted to postpone action on an ordinance that would take land out of the Rural and Critical Lands program and replace it with other county-owned land to build a library and ball fields. The council will take up the issue again at its Jan. 23 meeting.

This story was originally published December 13, 2022 at 2:24 PM.

Sebastian Lee
The Island Packet
Sebastian Lee covers Beaufort County for The Island Packet and Beaufort Gazette. He graduated from the University of South Carolina in 2022. If he’s not working he’s most likely watching a good movie or spinning a record.
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