Owner Will Maintain Agreement (Roadside Vegetation Maintenance)

The Owner Will Maintain Agreement (OWMA) allows a property owner or lessee adjacent to a Benton County road to voluntarily maintain the County right-of-way next to their property instead of Benton County performing routine vegetation maintenance.

Under this agreement, Benton County Public Works will refrain from routine herbicide application and vegetation maintenance within the approved area, provided the property owner maintains the right-of-way in accordance with the terms of the agreement.

The agreement is commonly used by property owners who prefer to maintain roadside vegetation themselves, including landscaped properties, agricultural operations, and certified organic farms.

What Does the Agreement Cover?

An approved Owner Will Maintain Agreement applies to the County right-of-way directly adjacent to the applicant's property.

The agreement includes maintenance of vegetation within:

  • Roadside shoulders.
  • Drainage ditches.
  • Side slopes.
  • Other vegetated portions of the County right-of-way adjacent to the property.

The agreement applies only to the approved property shown on the attached map and is not transferable to another property owner or parcel.

Property Owner Responsibilities

By entering into an Owner Will Maintain Agreement, the property owner or lessee agrees to:

  • Maintain vegetation within the County right-of-way adjacent to the property.
  • Keep weeds, brush, grasses, and other vegetation trimmed or removed.
  • Maintain vegetation at 24 inches or less in height.
  • Keep gravel shoulders free of vegetation.
  • Maintain the approved area for the duration of the agreement.
  • Ensure maintenance activities do not create hazards for the traveling public.
  • Notify Benton County Public Works if Owner Will Maintain (No Spray) signs become damaged or are missing.

Failure to maintain the right-of-way in accordance with the agreement may result in termination of the agreement and Benton County resuming routine vegetation maintenance.

Benton County Responsibilities

Upon approval of the agreement, Benton County Public Works will:

  • Install the required Owner Will Maintain (No Spray) signs.
  • Make reasonable efforts to exclude the approved area from routine herbicide application and vegetation maintenance.
  • Maintain the Owner Will Maintain signs.
  • Maintain records of approved Owner Will Maintain Agreements.

All Owner Will Maintain signs remain the property of Benton County and may only be installed, removed, relocated, or replaced by authorized Public Works personnel.

Annual Renewal

Owner Will Maintain Agreements are valid through January 1 and must be renewed annually to remain active.

If an agreement is not renewed before it expires:

  • The agreement becomes void.
  • Owner Will Maintain signs may be removed.
  • Benton County will resume normal roadside vegetation maintenance within the County right-of-way.

Fees

The following fees apply to Owner Will Maintain Agreements:

Fee

Amount

Application (includes Two Owner Will Maintain Signs)

$300

Each Additional Owner Will Maintain Sign

$100

Renewal

$50

Sign fees will be invoiced after the agreement has been approved.

Two (2) Owner Will Maintain signs are typically required for each approved roadway frontage. Properties with frontage on multiple County roads may require additional signs depending on the property's configuration and the length of roadway covered by the agreement.

All Owner Will Maintain signs are fabricated, installed, owned, and maintained by Benton County Public Works.

Before You Apply

The Owner Will Maintain Agreement application is available only through Benton County's (CSS)Portal.

Before submitting your application:

  • Download the Owner Will Maintain Agreement from this webpage.
  • Complete all required applicant information.
  • Initial each agreement condition.
  • Sign and date the agreement.
  • Attach a map clearly identifying the portion of County right-of-way adjacent to your property that will be maintained under the agreement.

Required Document

Owner Will Maintain Agreement

The completed agreement must include:

  • Applicant information.
  • Property information.
  • Parcel number.
  • Applicant initials acknowledging each agreement condition.
  • Applicant signature.
  • A map identifying the proposed Owner Will Maintain area.

The completed agreement must be uploaded through the CSS Portal as part of the application.

 

Application Completeness

Benton County Public Works will not review incomplete applications.

Applications must include:

  • A completed Owner Will Maintain Agreement.
  • Applicant initials for all agreement conditions.
  • Applicant signature.
  • An attached property map identifying the Owner Will Maintain area.

Applications missing required information or signatures will be returned for correction before entering the review process.

Review Process

Once a complete application has been received:

  1. Public Works reviews the agreement and attached map.
  2. Staff verifies the proposed maintenance area and determines whether the agreement can be approved.
  3. If approved, Benton County will invoice the applicant for the required sign fees.
  4. Once payment has been received, Public Works will schedule installation of the Owner Will Maintain signs.
  5. After the signs have been installed, the agreement becomes active and the approved area will be removed from Benton County's routine roadside vegetation maintenance program.

If revisions or additional information are required, Public Works will provide comments through the CSS Portal.

Agreement Termination

An Owner Will Maintain Agreement may be terminated if:

  • Vegetation is not maintained in accordance with the agreement.
  • The agreement is not renewed annually.
  • Ownership of the property changes.
  • The agreement creates a public health or safety concern as determined by the County Engineer or their designee.

If an agreement is terminated, Benton County may remove the Owner Will Maintain signs and resume routine roadside vegetation maintenance, including herbicide application and mechanical vegetation control.

Before You Begin Your CSS Application

Before starting your application, verify that you have:

☐ Downloaded the Owner Will Maintain Agreement.

☐ Completed all required applicant information.

☐ Initialed each agreement condition.

☐ Signed and dated the agreement.

☐ Attached a map identifying the proposed Owner Will Maintain area.

☐ Uploaded the completed agreement through the CSS Portal.

Incomplete applications or applications missing required documentation will not be accepted for review.

Questions?

If you have questions regarding the Owner Will Maintain Agreement, eligibility, fees, or application requirements, please contact Benton County Public Works Development Review before submitting your application.

Email: pwpermits@co.benton.wa.us

Phone: (509) 786-5611