House File 2210 - Introduced HOUSE FILE 2210 BY BEARD , MURPHY , SCHUELLER , WENDT , BELL , LYKAM , WHITEAD , RUNNING-MARQUARDT , STECKMAN , THEDE , FICKEN , HANSON , MAREK , BAUDLER , and ZIRKELBACH A BILL FOR An Act relating to restrictions on mowing within the 1 right-of-way of interstates, primary highways, and secondary 2 roads. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5725HH (2) 83 dea/nh

H.F. 2210 Section 1. Section 314.17, Code 2009, is amended to read as 1 follows: 2 314.17 Mowing on interstates , and primary highways , and 3 secondary roads . 4 On or after January 1, 2003, the department shall not 5 mow Mowing roadside vegetation on the rights-of-way or medians 6 on any primary or highway, interstate highway . Mowing shall 7 be permitted as follows , or secondary road prior to July 15 is 8 prohibited, except as follows : 9 1. On rights-of-way which include drainage ditch 10 areas. Within two hundred yards of an inhabited dwelling. 11 2. On rights-of-way within three miles one mile of the 12 corporate limits of a city. 13 3. To promote native species of vegetation or other 14 long-lived and adaptable vegetation. 15 4. For establishing To establish control of damaging insect 16 populations, noxious weeds, and invader invasive plant species. 17 5. For visibility and safety reasons. 18 6. Within rest areas, weigh stations, and wayside parks. 19 Sec. 2. Section 317.11, Code 2009, is amended to read as 20 follows: 21 317.11 Weeds on roads —— harvesting of grass. 22 1. The county boards of supervisors and the state department 23 of transportation shall control noxious weeds growing on the 24 roads under their jurisdiction. Spraying for control of 25 noxious weeds shall be limited to those circumstances when it 26 is not practical to mow or otherwise control the noxious weeds. 27 2. Nothing under this chapter shall prevent the landowner 28 from harvesting, in proper season on or after July 15 , the 29 grass grown on the road along the landowner’s land except 30 for vegetation maintained for highway purposes as part of 31 an integrated roadside vegetation management plan which is 32 consistent with the objectives in section 314.22. 33 Sec. 3. Section 317.19, Code 2009, is amended to read as 34 follows: 35 -1- LSB 5725HH (2) 83 dea/nh 1/ 2

H.F. 2210 317.19 Road clearing appropriation. 1 1. The board of supervisors may appropriate moneys to 2 be used for the purposes of cutting, burning, or otherwise 3 controlling weeds or brush within the right-of-way of roads 4 under county jurisdiction in time to prevent reseeding or in 5 a manner consistent with the county’s roadside vegetation 6 management plan, if the county has adopted such a plan , or 7 in time to prevent reseeding, except as provided in section 8 314.17 . The moneys appropriated shall not be spent on spraying 9 for control of weeds except in those circumstances when it is 10 not practical to mow or otherwise control the weeds. 11 2. The board of supervisors may purchase or hire necessary 12 equipment or contract with the adjoining landowner to carry out 13 this section. 14 EXPLANATION 15 This bill imposes a restriction on mowing within the 16 rights-of-way and medians of interstates, primary highways, and 17 secondary roads before July 15. The restriction applies to the 18 department of transportation, counties, and private property 19 owners. 20 Exceptions to the restriction are allowed for mowing areas 21 within 200 yards of an inhabited dwelling; on rights-of-way 22 within one mile of the corporate limits of a city; to promote 23 native species of vegetation; to establish control of damaging 24 insects, noxious weeds, or invasive plants; for visibility and 25 safety reasons; and within rest areas, weigh stations, and 26 wayside parks. 27 Under the bill, a landowner retains the ability to harvest, 28 in proper season, grass grown on the road along the landowner’s 29 land, as long as the harvesting is done on or after July 15 30 and does not conflict with an integrated roadside vegetation 31 management plan. 32 -2- LSB 5725HH (2) 83 dea/nh 2/ 2