Ohio Rev. Code » Chapter 5535
Ohio Revised Code

Ohio Rev. Code § 5535.08 (2026)

Maintenance of all roads

✓ current as of May 2026
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Effective:
April 5, 2001
Latest Legislation:
House Bill 315 - 123rd General Assembly
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(A) The state, county, and township shall each maintain its roads, as designated in section 5535.01 of the Revised Code; however, the county or township, by agreement between the board of county commissioners and the board of township trustees, may contribute to the repair and maintenance of the roads under the control of the other. The state, county, or township, or any two or more of them, by agreement, may expend any funds available for road construction, improvement, or repair upon roads inside a village. A village may expend any funds available for street improvement upon roads outside the village and leading to the village.

(B)(1) In the case of an emergency, any political subdivision having authority to repair and maintain roads or streets may provide emergency road or street repair and maintenance assistance to any other political subdivision if the political subdivision seeking to provide the assistance has adopted a resolution or ordinance stating that it will participate in the provision of emergency road or street repair and maintenance assistance within this state, on a case by case basis, whenever it is possible for that political subdivision to do so. The resolution or ordinance shall identify any employees authorized to provide that assistance outside the boundaries of the political subdivision.

(2) Chapter 2744. of the Revised Code, insofar as it applies to performance of road or street repair and maintenance services, applies to a political subdivision having authority to repair and maintain roads or streets that has adopted a resolution or ordinance under division (B)(1) of this section, and to the employees of such a political subdivision, when the employees are providing emergency road or street repair and maintenance assistance outside the boundaries of the political subdivision.

(3) Employees of a political subdivision who provide emergency road or street repair and maintenance assistance outside the boundaries of that political subdivision pursuant to a resolution or ordinance adopted under division (B)(1) of this section may participate in any pension or indemnity fund that their employer establishes and are entitled to all rights and benefits of Chapter 4123. of the Revised Code, to the same extent as when performing road or street repair and maintenance services within the political subdivision that employs them.

(C)(1) In nonemergency situations, any political subdivision having authority to construct, reconstruct, resurface, improve, repair, and maintain roads or streets may enter into an agreement, under terms agreeable to all parties, with any other political subdivision having that authority to obtain or provide road or street construction, reconstruction, resurfacing, improvement, repair, or maintenance services. The cost, if any, of services obtained under the agreement may be paid from general fund moneys of the political subdivision receiving the services, or from any other funds available for the repair and maintenance of roads or streets within that political subdivision.

(2) Chapter 2744. of the Revised Code, insofar as it applies to the performance of road or street construction, reconstruction, resurfacing, improvement, repair, or maintenance services, applies to a political subdivision having authority to perform those services that has entered into an agreement authorized by division (C)(1) of this section, and to the employees of such a political subdivision, when the employees are performing those services outside the boundaries of the political subdivision under that agreement.

(3) Employees of a political subdivision who perform road or street construction, reconstruction, resurfacing, improvement, repair, or maintenance services outside the boundaries of that political subdivision pursuant to an agreement authorized by division (C)(1) of this section may participate in any pension or indemnity fund that their employer establishes and are entitled to all rights and benefits of Chapter 4123. of the Revised Code, to the same extent as when performing those services within the political subdivision that employs them.

(D) As used in this section, "emergency" means a natural disaster, or a state of emergency as declared by the governor or a county sheriff, that has occurred or been declared in the county, township, or municipal corporation receiving emergency road or street repair and maintenance assistance authorized by this section.
Notes of Decisions
Cited in 7 cases, 1985–2019 · leading case: White v. Ohio Dep't of Transp., 564 N.E.2d 462 (Ohio 1990).
Sort: Relevance Newest Treatment
White v. Ohio Dep't of Transp., 564 N.E.2d 462 (Ohio 1990). “R.C. 5535.08 provides that “[t]he state, county, and township shall each maintain its roads, as designated in section 5535.”
Wooten v. CSX R.R., 842 N.E.2d 603 (Ohio Ct. App. 2005). · cites it 2× “R.C. 5535.08(A); R.C. 5535.01(B) and (C); see, also, R.”
Zavinski v. Ohio Dept. of Transp., 2019 Ohio 1735 (Ohio Ct. App. 2019). “11(A)(1); R.C. 5535.08(A). This duty is not delegable.”
Ray v. Warren, 2019 Ohio 4654 (Ohio Ct. App. 2019). · cites it 3× “{¶30} Consistent with the prior sentence, R.C. 5535.08(A) provides: “The state, county, and township shall each maintain its roads, as designated in section 5535.”
Vill. of Peninsula v. Cnty. of Summit, 500 N.E.2d 884 (Ohio Ct. App. 1985). “1 These contracts are not involved in the present suit and reportedly were entered into under the authority of R.C. 5535.08.”
Clements v. Trs. of Monroe Twp., 689 N.E.2d 976 (Ohio Ct. App. 1996). “02 provides that “[t]he board of township trustees shall have control of the township roads of its township and shall keep them in good repair.”
Hull v. Baltimore & Ohio R.R., 524 N.E.2d 175 (Ohio Ct. App. 1987). “R.C. 5535.08. A township may by agreement contribute to the repair and maintenance of roads under the control of the county or state.”
— Ohio Rev. Code § 5535.08(A) — 3 cases
Wooten v. CSX R.R., 842 N.E.2d 603 (Ohio Ct. App. 2005). “R.C. 5535.08(A); R.C. 5535.01(B) and (C); see, also, R.”
Zavinski v. Ohio Dept. of Transp., 2019 Ohio 1735 (Ohio Ct. App. 2019). “11(A)(1); R.C. 5535.08(A). This duty is not delegable.”
Ray v. Warren, 2019 Ohio 4654 (Ohio Ct. App. 2019). “{¶30} Consistent with the prior sentence, R.C. 5535.08(A) provides: “The state, county, and township shall each maintain its roads, as designated in section 5535.”
— Ohio Rev. Code § 5535.08(C)(1) — 1 case
Ray v. Warren, 2019 Ohio 4654 (Ohio Ct. App. 2019). “{¶30} Consistent with the prior sentence, R.C. 5535.08(A) provides: “The state, county, and township shall each maintain its roads, as designated in section 5535.”
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