Such issues can be very complicated and you need a good understand of the local laws and state statutes as they pertain to public highway law.
I worked on many such issues here in New York. Here - public highway law says once a culvert has been used for 7 years for highway purposes -it's done deal, regardless of problems that come along with it. In my area, I am required to furnish the cost of materials for all culverts needed for any driveways I touch the public highway - and I own the highway! That's kind of adds insult to injury since I own the entire road - but ownership or not - it is still a public highway that runs "over" my land. The town has to install the culverts - I just have to pay for the corrugated pipe. The reality is - I don't trust the town to do it correctly and always put them in myself.
I will tell you this. You might want to find out what sort of right-of-way the town actually has - and who actually owns the road. A town must report every year - to the county government an inventory of roads. That inventory is supposed to show each road the town claims as a public highway and gives exact measurements and widths of right-of-ways. See what it says.
Also keep this in mind. Many highway supervisors claim some set footage for width - usually something like 66 feet wide - of right-of-way. Sounds fine and usually goes unchallenged. It is also often NOT true. Again - ask the town how the road became a highway. Likely they won't have a clue. Most became public highways by public use over time - not by deed. These are legally known as "highways by prescription." Technically, in most states - that means the town has no right-of-way beyond what is being used - period. No right to widen extra feet for new culverts, no rights to go in an remove trees, etc. But - many to most property owners don't know this - and subsequently many towns do whatever they want. Here in New York - once the town does anything to the road - and it goes unchallenged for 7 years - it's a done deal and can no longer be questioned.
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