Under RSA 236:13, VI, all private driveway connections, including structures like culverts, remain the continuing responsibility of the landowner- even if located within the right of way. It is immaterial whether the driveway connection pre-dates the town's permit system. If any driveway connection threatens the integrity of the highway due to plugged culverts, erosion, siltation, etc., the planning board or its designee can require the owner to repair it. If the owner refuses to effectuate such repairs, then the town may perform the work and assess the costs to the owner.
Many times, it is a blocked driveway culvert which causes a backup of material which then fills a drainage swale with water and ultimately solid material, please check on your driveway culvert every once in a while to ensure it is functioning correctly. It costs a lot less to maintain a working drainage swale than to revitalize one that has been backed up with debris. While the responsibility is on the landowner to maintain and replace the culvert when necessary, Brookline Public Works is happy to provide guidance to residents in assessing their project!
A working driveway culvert is vital in the effort of getting water off the road, out of the road, and away from the road!!!