Debris on state roads

  • Published: June 13, 2011
  • A few days ago we advised you that we were working with officials from ALDOT, state EMA and the office of Governor Bentley on a Memorandum of Understanding regarding the removal of debris from the right of way on state roads. We had a variety of concerns about this issue, but were especially focused on the costs associated with removal of this debris and any actions that could establish the removal of debris from state right-of-ways as a “county responsibility”.

    This matter has become one of concern during this current disaster because FEMA has taken the position that it can reimburse only the level of government that has “responsibility” for the property on which the debris is located. Even though we very much are concerned about providing assistance to the citizens of Alabama, we are also sensitive to any actions that could result in the county assuming responsibility for the removal of this debris in future storms.

    The attached draft agreement has been approved by FEMA officials as well as state EMA and ALDOT to help accomplish the removal and meet the requirements necessary for FEMA funding. If your county is interested in playing a role in the removal of debris from the right-of-way of state roads, please utilize this agreement. You will see that this agreement, if you wish to execute it, requires signatures from the county and then must be submitted to ALDOT for the signatures from the appropriate officials on their end.

    You should also speak directly with officials at state EMA regarding issues related to the reimbursement of costs for these activities on state right-of-way. It is our recommendation that you reach an understanding regarding this issue before executing the agreement. If we can assist you in that regard, please let us know.