What he said here. If it's in the counties right of way, it's their property and they get to choose what you can or can't do with Their property. Sorry if I sound harsh, just get sick of arguing with people who think they own land that they dont.
Anyways, the ditch at the road would be County property, and it it backs up, they have to deal with it, which is why they regulate it.
Wrong, (sorry):confused3:. The property owner does own the property, and pays taxes on it, BUT the town/county, whoever maintains it, has a ROW - usually 25' from the centerline, that they have jurisdiction over. Go with a 15" double walled HDPE culvert, set it right and obviously* (no up or downstream blockages), *DUH!
I have been through this on three different occasions with the town, (and state of VT). My original 12" metal single wall culvert was 52' long with 2 collars at 20' sections, joined with a 12' section. It was placed when the drive was done, and 12" diameter was an illegal install, ( 15" was the requirement) AND it was at an obtuse angle to the driveways flow, so the water was supposed to make a right turn, go uphill, and then flow to the 3' culvert on the other end of my drive, and under the road. It did OK until the close inlet end got frost heaved.
The town eventually installed an 18" diameter HDPE culvert, after the state said they, State of VT could block access to my dirt road if the situation wasn't resolved properly. From the inlet end of my driveway culvert, the town ran it directly onto my across the road neighbor's property. This is where the water ends up anyway, but now the entire mouth of my drive and road don't freeze up into a skating rink until May each year.
Since then the town also had to replace the original 3' diameter metal culvert on the other side of my drive because it washed and failed at the same time from excessive storm runoff.
More recently, this past spring, I used my FEL bucket to scoop out the mouth of a real old road culvert on my next door property, mind you I did not touch the actual roadway crossing culvert, which was 2' in diameter.
The town put out cones and called the state DEC and tied up the whole operation for 6 months or more. The fisheries guy came out and talked to me about what I could and could not do, how I needed to resolve the situation and up to what date I can complete the work. The town sent me a lawyer letter telling me to schedule time with the selectboard at one of their meetings, and I eventually ended up paying a $500 fine to the town for working in the ROW. They wanted $1000, but we worked out the actual cost of their labor and materials to the lesser amount. They ended up ripping out the old completely rotten single wall galvanized 2' culvert and replaced it with a double walled 3' diameter culvert, specked out by the state guys, to comply with the newest 100 year storm requirements.
So the moral is do it right, do it to specs, proper diameter, don't dump water into the public roadway, etc., and regardless of the exact jurisdictions in your area, DON'T mess with the ROW drainage/culverts, and NEVER dig unless digsafe has marked the area; unless you want to pay fines and possibly worse if you dig up any utility. Once it's marked by digsafe you're good to go- but not until then, if anywhere near the ROW.:thumbsup: