# Title 11 — Counties

## Chapter 11-31 — County Highway Engineer

### § 11-31-01. County highway engineer.

The board of county commissioners of any county in this state may at the discretion of the
board employ a qualified county highway engineer at any time or the office of county highway
engineer may be created in any county in this state by an election duly held.
### § 11-31-01.1. Election for creation or termination of office of county highway engineer.

Upon the filing with the county auditor of a petition signed by not less than five percent of
the qualified electors of the county as determined by the total number of votes cast in the last
election, representing not less than seven percent of the voting precincts of the county, asking
that an election be held on the question of the creation of the office of county highway engineer,
the board of county commissioners shall submit the question at the next regular primary or
general election. Notice of the election shall be given in the manner prescribed by law for the
submission of questions to the qualified electors of a county under the general election law. If a
majority of the votes cast on the question are in favor thereof, the office of county highway
engineer shall be established and the board of county commissioners shall fill such office by
appointment. The office so created shall not be terminated except upon the instruction of a
majority of the qualified electors voting on the question in an election similarly held but any
engineer appointed to fill such office may be removed from office by action of the board.
### § 11-31-02. Qualification and employment basis.

The person employed or appointed as county highway engineer must be a duly qualified
highway engineer. The compensation and other terms of service of such engineer shall be
determined by the board of county commissioners and may be on a monthly or a per diem
basis. Several counties may employ or appoint the same engineer.
### § 11-31-03. Powers and duties.

Under the direction and supervision of the board of county commissioners, the county
engineer shall:
1. Design and make plans for county and township highways.
2. Set up a comprehensive plan of county highways, showing by the use of maps,
existing roads, operations in progress, and future plans.
3. Superintend county construction and maintenance operations pertaining to highways
and bridges.
4. Keep a complete record of costs and expenditures.
5. Check all accounts, claims, and demands for expenditures in connection with all
matters supervised by the county engineer and indicate the county engineer's
recommendation prior to the submission of such accounts, claims, and demands to the
board of county commissioners.
6. Keep a complete inventory of all equipment, repairs, gasoline and oil, and
miscellaneous items.
7. Supervise the use and disposition of all county-owned road equipment and materials.
8. Employ and supervise all other personnel engaged in county road operations,
terminating such employment when required in the best interest of the county.
9. Prepare and submit to the board of county commissioners a complete yearly report
and such additional reports as may be required by the board of county commissioners
at any time.
10. Cooperate with the federal highway administration or successors, the state department
of transportation, and the townships of the county.
11. Perform such other duties as may be designated by the board of county
commissioners.
When so directed by the board of county commissioners, the county engineers shall also, under
the direction and supervision of the board of county commissioners or the drainage board, as

the case may be, prepare plans and specifications and supervise the construction and repair of
drainage ditches.
### § 11-31-04. Manner of payment of compensation.

Payment for the work actually performed by the county engineer may be made out of the
county road and bridge fund or the general funds of the county upon certified vouchers showing
the time actually expended and the contract price agreed upon. Such vouchers shall be filed
with the county auditor and approved by the board of county commissioners, in the manner now
provided by law for the filing and approval of other claims against the counties.
