Text: HSB00227 Text: HSB00229 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 309.4 USE OF PUBLIC ROAD RIGHT-
1 2 OF-WAY.
1 3 A county board of supervisors may determine by ordinance,
1 4 but not by resolution, the usage of the public road right-of-
1 5 way of secondary roads. A board of supervisors shall notify
1 6 all public utilities within the affected right-of-way of a
1 7 proposed ordinance, by ordinary mail, at least forty-five days
1 8 prior to adopting the ordinance. For purposes of this section
1 9 "public road right-of-way" and "secondary roads" mean as
1 10 defined in section 306.3.
1 11 However, the board of supervisors shall not impose
1 12 standards which conflict with the standards adopted by the
1 13 utilities board pursuant to chapter 390, 474, 476, 476A, 477,
1 14 478, 479, 479A, or 480, with other authority which has been
1 15 granted to utilities to place lines, cables, and physical
1 16 plants within secondary road rights-of-way, or with rules of
1 17 the department of natural resources relating to hunting,
1 18 trapping, or fishing on secondary road rights-of-way.
1 19 The board of supervisors shall not impose a fee for access
1 20 to or construction on the right-of-way but may require the
1 21 utility to post a performance bond of twenty-five thousand
1 22 dollars, renewable annually, in order to ensure payment of
1 23 damages sustained by the county due to operations of the
1 24 utility. The board of supervisors shall not charge a utility
1 25 an inspection fee, unless the utility has contracted with a
1 26 private company to conduct work within the right-of-way, which
1 27 fee shall be set by the board of supervisors at no more than
1 28 the actual cost of the inspection.
1 29 EXPLANATION
1 30 This bill allows a county board of supervisors to pass a
1 31 county ordinance to determine the usage allowed on the right-
1 32 of-way of a secondary road. A secondary road is defined in
1 33 section 306.3 as a road outside the boundary of a
1 34 municipality, classified as a trunk, trunk collector, or area
1 35 service road under section 306.1, and includes farm-to-market
2 1 roads. A "public road right-of-way" means the area of land,
2 2 the right to possession of which is secured or reserved by a
2 3 governmental subdivision for roadway purposes.
2 4 The bill provides that the board of supervisors must notify
2 5 a public utility with the affected right-of-way at least 45
2 6 days before adopting the ordinance.
2 7 The bill prevents the board of supervisors from imposing
2 8 standards which conflict with standards adopted by a utilities
2 9 board or with a utility's right to use a right-of-way, or with
2 10 department of natural resources regulations.
2 11 It also prohibits the board from imposing a fee for access
2 12 to or construction on the right-of-way, but allows them to
2 13 require the utility to post a performance bond of $25,000. It
2 14 also prohibits the board from charging an inspection fee
2 15 unless a utility has contracted out privately for the work
2 16 within the right-of-way and limits that fee to the actual cost
2 17 of inspection.
2 18 LSB 2092HC 76
2 19 js/cf/24
Text: HSB00227 Text: HSB00229 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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