The Industrial Road Program: three sworn viewers and a road-building emergency
Wyoming keeps a road construction program in the highways title that exists to build access to industrial sites, and the trigger belongs to the county. W.S. 24-5-101 names it: the program “shall be known as ‘The Industrial Road Program’, which shall be in addition to and not as a substitute for any federal aid, primary, secondary or state-county road construction program or any other road program now in existence.”
W.S. 24-5-102 sets the initiating act. A board of county commissioners “may on its motion by resolution duly adopted where it deems the public interest so requires and a road-building emergency prevails incite the procedure for the establishment of an industrial road.” The board determines the course and the point of termination. And there is a hard precondition: “Before a board of the county commissioners of a county or counties can initiate the road program herein, it must have the cash money available for the project as described.” The county then notifies the transportation commission of its intention.
What follows is a viewers process rather than an application. W.S. 24-5-103 appoints three viewers to examine the expediency of the proposed road: one appointed by the county board — or by the chairman alone if in his judgment an emergency exists — who must be a suitable and disinterested elector of the county and may be a commissioner; one appointed by the member of the transportation commission in whose district the road lies; and a third chosen by the first two, who “shall not be a resident of the county in which the proposed industrial site is located.” Under W.S. 24-5-104 they are sworn before entering on their duties, file their oaths with the county clerk, and “shall not be confined to the precise matter of the petition but may inquire or determine whether an industrial road in the vicinity is required.” W.S. 24-5-105 directs them to weigh “both the public and private convenience, and also the expense of the proposed road,” and W.S. 24-5-106 requires a written report on practicability, whether the road ought to be established, the probable expense including damages to property owners along the line, and whatever else will let the board act understandingly.
The money is fixed in statute on both sides. W.S. 24-5-117 puts the work under the immediate control and supervision of the director of the department of transportation, defines “construction” to include “construction, reconstruction, surveys, mapping, right-of-way costs, bridges, culverts and fencing,” and splits the bill: “Fifty percent (50%) of all expense shall be paid by the department of transportation, and the other fifty percent (50%) of the construction costs shall be paid by the board of the county commissioners.” W.S. 24-5-118 requires the transportation commission to set aside four million dollars at the beginning of each biennium into an industrial road program account within the highway fund, with unused funds lapsing back to the general account each biennium. W.S. 24-5-119 requires the county to match equally, caps county spending at two million dollars each biennium, and excludes small work outright: “This act shall not apply to any project having a total cost of less than fifty thousand dollars ($50,000.00) total.” The county acquires the right-of-way, charged against the program.
Two provisions decide who gets built and who owns the result. W.S. 24-5-121 ranks applications when the commission has more of them than money, by priority of notice from the county board, county money actually available and deposited with the commission, traffic count, the number of people the project will serve, and the tax value of the area served as shown on the county assessment rolls. W.S. 24-5-120 settles the aftermath in one sentence: “The industrial road, when completed, shall be designated as a county road and shall be the county responsibility as to maintenance and repair.” W.S. 24-5-122 permits two or more counties to associate on a project.
For an operator opening or expanding a pit, this is a route to a built and maintained public road rather than a private haul road carried on the balance sheet — but it runs on a county resolution, an emergency finding, a cash commitment and a ranking, none of which the applicant controls. It is a planning-horizon instrument, not a project-schedule one, and it is worth raising with the county well before the first load moves. Where access is instead taken directly onto a state highway, W.S. 24-6-105 draws its own line: where the commission grants a private and not a commercial entrance, “the entrance or point of access shall not be used for or in connection with the conduct of any roadside business or other commercial enterprise.”