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FAQ’s / Statutes and Attorney General Opinions

  • ACCO and OCCEDB have compiled a group of statutes and Attorney General (AG) opinions that have been used over the years to answer questions asked of us. These questions and answers are provided as a resource for county officers but should not be construed as legal opinions. County commissioners and other county officers should consult with their District Attorney for legal counsel.

How and when can county commissioners enter onto private property?

Answer: 69 OS § 643.1

Is the driver or owner of a vehicle who exceeds the posted weight limit on a county bridge liable for any damages done to the bridge?

Answer: 1982 OK AG 2

What is considered a "public road" under the jurisdiction of county commissioners?

Answer: 2003 OK AG 10

May public or private utility companies place their poles, conduits, pipelines, etc., within the rights-of-way of county roads?

Answer: 1981 OK AG 286

What county is responsible for maintenance of county boundary roads and bridges?

Answer for bridges: 69 OS § 606

Answer for roads: 69 OS § 621 and 69 OS § 622

Can a county commissioner perform maintenance on a private road if it is part of a school bus route?

Answer: 69 OS § 601.5

Can the Board of County Commissioners limit traffic on county roads (gravel or black top) by placing restrictions on trucks that carry loads such as coal, gravel, etc., of weights legal on state highways?

Answer: 1978 OK AG 169

Is a board of county commissioners authorized to clear blockages from creeks/waterways located on private property for the purpose of public safety/flood mitigation, and if so, must the board obtain a waiver or easement from the landowners in order to enter onto their property to clear the blockages?

Answer: 2009 OK AG 20

Is it necessary for a road to be on the official ODOT map before the county can maintain it? Is it legal for the county to work on a private road?

Answer: 1982 OK AG 236

Are signs allowed to be put up in ODOT rights-of-way?

Answer: 69 OS § 1208

Why is a yield or stop sign required by the Manual on Uniform Traffic Control Devices, MUTCD, at passive railroad crossings, the railroad’s responsibility? 

Answer: MUTCD Signs and Markings

What are the weight limits of vehicles on county roads? Who is exempt from these weight limits?

Answer: 47 OS § 14-109

Can a county commissioner open a new road or close an existing road?

Answer: 69 OS § 646

Can a citizen or group of citizens donate money to the county highway fund for a specific purpose such as road or bridge maintenance or replacement?

Answer: 69 OS § 601


Additional FAQ's can be found by visiting the OSU County Training Program website.

Oklahoma statutes and AG opinions can be found online at www.oscn.net

* If you have a statute or AG opinion you would like to submit, please email it to This e-mail address is being protected from spambots. You need JavaScript enabled to view it