County Commissioners Clash Over Off-Road Equipment Rules

The Payne County Board of Commissioners debated a resolution that would establish a 25-ton weight restriction for off-road construction equipment on county hard surface roads, with the measure failing in a 2-1 vote during Monday's regular meeting.

Resolution 2025-140 aims to address an ongoing issue with county road graders being pulled over while traveling on paved county roads in which they exceed the posted weight limit. Commissioner Zach Cavett, who proposed the resolution, argues that county maintenance equipment should be allowed to use paved roads when necessary for safety and efficiency.

"I had a grader operator pulled over Thursday and was there for about 30 minutes. Our county size and weight deputy needed to weigh him and everything," Cavett explains. "I just believe it would be good sense to allow our graders on our own roads because they do have business there."

The resolution would increase the weight limit on hard surface county roads for off-road construction equipment, including county road graders, to 25 tons. Cavett presented documentation from a engineering firm to support the change.

"Due to the size of the tires on the grader, it does not do the damage that a truck does," Cavett said, referencing an engineering report. "This is all calculated from the same basis that we got our weight ratings from Terracon."

Commissioner Rhonda Markum expressed concern about the resolution's scope, noting it would apply to all off-road construction equipment, not just county vehicles.

"This opens it up for anything besides road graders," Markum said. "It doesn't say just county road graders."

Markum adds that her district's operators haven't experienced similar issues with law enforcement while recognizing her road graders sometimes travel on county roads where they exceed the weight limit to avoid a highway.

"My guys have called. They leave from Fairgrounds to McElroy to Brush Creek," she explains. "They use one mile of it to get to where they got to go."

Markum suggested the issue should be handled between Cavett and the sheriff's office rather than through a resolution.

"That sounds like that's a problem between you and the sheriff's office, not this," Markum said.

Cavett counters that the resolution addresses a safety concern, pointing out that both commissioners prefer graders use county roads rather than state highways.

"You even yourself said you'd rather have a grader run down Fairgrounds than 51. Why is that? Because it's safer," Cavett said. "I think it's more dangerous to drive our grader going 25 miles an hour down a highway ... than it would be to drive a grader down a low speed, low volume road compared to a state highway."

Chairman exercises meeting authority to control discussion

Cavett expressed frustration with the situation, suggesting the sheriff's office could simply instruct deputies not to pull over county graders.

"If the sheriff would just tell her, don't pull over county graders, I'll be fine," Cavett said. "I think it is ridiculous in my opinion as well."

In response to Cavett's suggestion Payne County Sheriff Joe Harper shared from the audience, "That's not going to happen because..." when he was cut off by Cavett.

"According to Robert's Rules of Order right here, if you'd like to see it," Cavett said when refusing to recognize Harper from the audience. "Nobody can recognize you but me."

Commissioner Seth Condley requested more time to research the issue before making a decision.

The resolution fails with Commissioners Markum and Condley voting against it and Cavett voting in favor. Condley requests the item be revisited at a future meeting to allow him time for "due diligence."

Cavett agrees to place the item on the next county agenda.

Listen to the audio recording of this agenda item

Commissioners Debate Resolution 2025-140 on county road weight limits 5-12-25

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In other county business

The meeting also includes approval of several other items, including a $500 gift for the Sheriff's Department from Stillwater Home Builders Association, a postage meter lease agreement for the Payne County Election Board, and a $2.37 million contract with Atlas Paving Company for approximately six and a half miles of road paving. Those projects include:

• Brush Creek Road from Highway 51 south to 19th (1 mile)
• Prairie Road from Highway 51 to Lakeview (2 miles)
• Lakeview Road from Fairgrounds to Union (2 miles)
• Mt. Vernon Road from Lone Chimney to Noble (1 mile)
• Noble Road from Mt. Vernon to Lone Chimney Lake entry (0.5 miles)

All roads will receive a 3-inch S3/A base layer and a 2-inch S4/B surface layer of asphalt.

The meeting concludes with Commissioner Condley announcing his participation in an infrastructure communications committee, where he plans to gather and share information about county projects and activities.