The Protective Power of Road Degradation Ordinances

So, you just completed a major repave of a municipal road, and now the cable company wants to install a new underground line in the same roadway. Residents will not be happy to see the road torn up and the new bumps and dips that occur with spot repairs. There’s a way to protect your municipality – and your taxpayer – from just that kind of scenario: a “Road Degradation Ordinance.”

Across Pennsylvania, municipalities invest heavily in maintaining local roads, which are among the most visible and costly public assets in any community. Yet, many find that newly paved streets deteriorate much sooner than expected, often due to frequent utility cuts and trenching by contractors, developers, or service providers. A Road Degradation Ordinance is one of the most effective tools local governments can use to protect this investment, promote accountability, and ensure that taxpayers don’t bear the burden of premature road wear.

Every time a road is opened for utility work, even when it’s properly patched, its structural integrity weakens. Cracks can form around the cut, water can seep in, and freeze-thaw cycles accelerate damage. Without an ordinance, municipalities often end up footing the bill for early repaving. A degradation ordinance shifts responsibility where it belongs — to the party that caused the damage — by requiring fees or restoration standards that reflect the true impact of the excavation.

Utility companies, developers, and contractors frequently work independently. A degradation ordinance can include permitting and notification requirements that promote coordination among entities. This enables multiple projects to take place before paving or during the same period, reducing unnecessary cuts and helping to preserve new pavement for a longer time.

Without a consistent policy, patch quality and restoration methods can differ greatly. An ordinance allows the municipality to set clear standards for trench repair, backfill materials, compaction, paving depth, and surface restoration — making sure roads are restored close to their original condition. Some municipalities also require extended warranty periods to guarantee long-term performance.

Degradation fees collected under the ordinance can be allocated to the townships or boroughs’ road maintenance fund. This guarantees that funds are available for future resurfacing and rehabilitation, offsetting the long-term costs of infrastructure degradation caused by private entities.

A well-structured degradation ordinance establishes a transparent system, ensuring contractors understand the financial and technical expectations before beginning road work. This allows residents to enjoy smoother, longer-lasting streets, and the municipality can justify its policies as responsible financial management rather than arbitrary fees.

Road degradation ordinances can be an essential piece of asset management and capital improvement planning. By monitoring road cuts and related degradation fees, municipal engineers and managers gather better data on pavement performance, enabling more effective prioritization of repairs and paving schedules.

---

About the Author

David L. Anthony is a member of the Keystone Municipal Solutions team of experts. He is a veteran of municipal government, having served more than 33 years in various positions of public service. Contact him at david@keystonemunicipalsolutions.com. To learn more about David and the Keystone Municipal Solutions team, click here.