Senate File 2297 - Introduced SENATE FILE BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SSB 1100) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to obstructions in highways and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6556SV 81 5 eg/je/5 PAG LIN 1 1 Section 1. NEW SECTION. 318.1 DEFINITIONS. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Breakaway mailbox" means a mailbox, approved by the 1 5 United States postal service under its "standard for 1 6 mailboxes, city and rural curbside", and used for the curbside 1 7 delivery of mail, which is supported by a wood post no greater 1 8 in cross section than four inches square or by a post with a 1 9 strength no greater than a two=inch=diameter standard steel 1 10 pipe. Two such posts may be used to support a cluster of four 1 11 or more mailboxes. 1 12 2. "Department" means the state department of 1 13 transportation. 1 14 3. "Highway authority" means the county board of 1 15 supervisors, in the case of secondary roads, and the 1 16 department, in the case of primary roads. 1 17 4. "Highway right=of=way" means the total area of land, 1 18 whether reserved by public ownership or easement, that is 1 19 reserved for the operation and maintenance of a legally 1 20 established public roadway. This area shall be deemed to 1 21 consist of two portions, a central traveled way including the 1 22 shoulders and that remainder on both sides of the road, 1 23 between the outside shoulder edges and the outer boundaries of 1 24 the right=of=way. 1 25 5. "Obstruction" means an obstacle in the highway right= 1 26 of=way, or an impediment or hindrance which impedes, opposes, 1 27 or interferes with free passage along the highway right=of=way 1 28 not including utility structures installed in accordance with 1 29 an approved permit. 1 30 6. "Traveled portion of the right=of=way" means that area 1 31 of the highway right=of=way, not including the shoulders, on 1 32 which vehicles normally travel. 1 33 7. "Utility" means all private, public, municipal, or 1 34 cooperative owned systems for water, sewer, natural gas, 1 35 electric, telegraph, telephone, transit, pipeline, heating 2 1 plants, railroads, bridges, street lights, or traffic control 2 2 signals. 2 3 8. "Utility structures" means the aboveground devices, 2 4 required by a utility, including poles, lines, and wires, used 2 5 for telephone, electric, natural gas, and other distribution 2 6 or transmission purposes, and natural gas and electrical 2 7 substations. 2 8 Sec. 2. NEW SECTION. 318.2 PURPOSE. 2 9 The purpose of this chapter is to enhance public safety for 2 10 those traveling the public roads and allow economical 2 11 maintenance of highway rights=of=way. 2 12 Sec. 3. NEW SECTION. 318.3 OBSTRUCTIONS IN HIGHWAY 2 13 RIGHT=OF=WAY. 2 14 1. A person shall not place, or cause to be placed, an 2 15 obstruction within any highway right=of=way. This prohibition 2 16 includes, but is not limited to, the following actions: 2 17 a. The excavation, filling, or making of any physical 2 18 changes to any part of the highway right=of=way, except as 2 19 provided under section 318.8. 2 20 b. The cultivation or growing of crops within the highway 2 21 right=of=way. 2 22 c. The destruction of plants placed within the highway 2 23 right=of=way. 2 24 d. The placing of fences or ditches within the highway 2 25 right=of=way. 2 26 e. The alteration of ditches, water breaks, or drainage 2 27 tiles within the highway right=of=way. 2 28 f. The placement of trash, litter, debris, waste material, 2 29 manure, rocks, crops or crop residue, brush, vehicles, 2 30 machinery, or other items within the highway right=of=way. 2 31 g. The placement of billboards, signs, advertising 2 32 devices, or mailboxes or mailbox supports, except for 2 33 breakaway mailboxes, within the highway right=of=way. 2 34 h. The placement of any red reflector, or any object or 2 35 other device which shall cause the effect of a red reflector 3 1 on the highway right=of=way which is visible to passing 3 2 motorists. 3 3 2. The following actions shall not constitute an 3 4 obstruction within a highway right=of=way: 3 5 a. Mowing or harvesting grass within the highway right= 3 6 of=way so long as the mowing or harvesting does not destroy 3 7 the grass or other plants in the highway right=of=way and is 3 8 not in violation of an integrated roadside vegetation 3 9 management plan adopted pursuant to section 314.22. 3 10 b. Any action by, or authorized by, the highway authority 3 11 or the state of Iowa. 3 12 Sec. 4. NEW SECTION. 318.4 DUTY OF HIGHWAY AUTHORITIES. 3 13 The highway authority shall cause all obstructions in a 3 14 highway right=of=way under its jurisdiction to be removed. 3 15 The highway authority and its officers and employees shall be 3 16 immune from liability regarding any claim based upon or 3 17 arising out of an act or omission in connection with the 3 18 removal of an obstruction. 3 19 Sec. 5. NEW SECTION. 318.5 REMOVAL AND COST. 3 20 1. An obstruction in a highway right=of=way which 3 21 constitutes an immediate and dangerous hazard shall, without 3 22 notice or liability in damages, be removed by the highway 3 23 authority. 3 24 2. An obstruction not constituting an immediate and 3 25 dangerous hazard shall be removed by the highway authority 3 26 without liability after forty=eight=hour notice served in the 3 27 same manner in which an original notice is served, or in 3 28 writing by certified mail, or in any other manner reasonably 3 29 calculated to apprise the person responsible for the 3 30 obstruction that the obstruction will be removed at the 3 31 person's expense. The highway authority shall assess the 3 32 removal cost. 3 33 3. Upon removal of the obstruction, the highway authority 3 34 may immediately send a statement of the cost to the person 3 35 responsible for the obstruction. If within ten days after 4 1 sending the statement the cost is not paid, the highway 4 2 authority may institute legal proceedings to collect the cost 4 3 of removal. The removal costs shall be assessed against the 4 4 following persons, as applicable: 4 5 a. The vehicle owner in the case of an abandoned vehicle. 4 6 b. The abutting property owner in the case of a fence, 4 7 other than a right=of=way line fence, or other temporary 4 8 obstruction placed within the highway right=of=way by the 4 9 owner or tenant of the abutting property. 4 10 c. The owner or person responsible for placement of any 4 11 other obstruction. 4 12 Sec. 6. NEW SECTION. 318.6 PUBLIC NUISANCE. 4 13 1. Any person who places, or causes to be placed, any 4 14 obstruction in a highway right=of=way as prohibited under 4 15 section 318.3 is deemed to have created a public nuisance 4 16 punishable as provided in chapter 657. 4 17 2. If a person is found guilty of placing an obstruction 4 18 within a highway right=of=way, the court may, in addition to 4 19 any fine imposed, or judgment for damages or costs for which a 4 20 separate execution may issue, order that the obstruction be 4 21 abated or removed at the expense of the defendant. The costs 4 22 for abatement or removal of the obstruction may be entered as 4 23 a personal judgment against the defendant or assessed against 4 24 the property where the obstruction occurred, or both. 4 25 Sec. 7. NEW SECTION. 318.7 INJUNCTION TO RESTRAIN 4 26 OBSTRUCTIONS. 4 27 A highway authority may maintain a suit in equity aided by 4 28 injunction to restrain an obstruction in a highway right=of= 4 29 way. In such actions, the highway authority may cause the 4 30 legal boundary lines of the highway to be adjudicated provided 4 31 all interested parties are impleaded. 4 32 Sec. 8. NEW SECTION. 318.8 PERMIT REQUIRED. 4 33 A person shall not excavate, fill, or make a physical 4 34 change within a highway right=of=way without obtaining a 4 35 permit from the applicable highway authority. At the request 5 1 of a permittee, a modification may be granted in the 5 2 discretion of the highway authority. Work performed under the 5 3 permit shall be performed in conformity with the 5 4 specifications prescribed by the highway authority. If the 5 5 work does not conform to permit specifications, the person 5 6 shall be notified to make the conforming changes. If after 5 7 twenty days the changes have not been made, the highway 5 8 authority may make the necessary changes and immediately send 5 9 a statement of the cost to the responsible person. If within 5 10 thirty days after sending the statement the cost is not paid, 5 11 the highway authority may institute legal proceedings to 5 12 collect the cost of correction. A violation of the permit 5 13 specifications shall be considered a violation of section 5 14 318.3. A public utility subject to section 306A.3 is exempt 5 15 from this section. 5 16 Sec. 9. NEW SECTION. 318.9 UTILITY STRUCTURES. 5 17 1. a. A utility structure in a highway right=of=way used 5 18 for telephone, electric, natural gas, or other distribution or 5 19 transmission purposes shall be removed by the owner or 5 20 operator of the transmission lines upon written notice from 5 21 the highway authority of not less than ninety days, to the 5 22 owner and operator. The notice shall, with reasonable 5 23 certainty, specify the utility structure to be removed, and 5 24 shall be served in the same manner that original notices are 5 25 required to be served. If the owner or operator of the 5 26 transmission line is unable to remove the utility structure 5 27 within the required time due to circumstances beyond the 5 28 control of the owner or operator, the owner or operator shall 5 29 file a request with the highway authority for an extension of 5 30 time to complete the work. 5 31 b. If the owner or operator of a transmission line needs 5 32 authorization from the utilities board or other governmental 5 33 authority to relocate a utility structure or to obtain a new 5 34 private easement right for relocation of the utility 5 35 structure, the owner or operator shall request an extension of 6 1 time within which to remove the utility structure. The 6 2 highway authority shall grant an extension of time for at 6 3 least ninety days following the date authorization is granted 6 4 or the easement right is obtained. 6 5 2. Upon written application, the highway authority shall 6 6 locate the construction of new telephone, electric, or 6 7 transmission lines or parts of lines, including natural gas 6 8 pipeline, for the roads within the highway authority's 6 9 jurisdiction, subject to the jurisdiction of the utilities 6 10 board under chapters 476, 478, and 479, as follows: 6 11 a. The county engineer, or the board of supervisors if a 6 12 county engineer is not available, shall locate the lines for 6 13 secondary roads. 6 14 b. The department shall locate the lines for primary 6 15 roads. 6 16 3. The department and the county engineer, or the board of 6 17 supervisors if a county engineer is not available, may 6 18 designate the location of a utility structure within a highway 6 19 right=of=way. A utility structure that is not properly 6 20 located within the highway right=of=way shall be removed 6 21 within a time prescribed to a designated location. If not so 6 22 removed, the highway authority may remove the utility 6 23 structure and recover costs as provided in section 318.5. 6 24 Sec. 10. NEW SECTION. 318.10 FENCES. 6 25 1. A fence which constitutes an immediate and dangerous 6 26 hazard shall, without notice or liability in damages, be 6 27 removed by the highway authority. In all other cases where a 6 28 fence is an obstruction in a highway right=of=way, notice in 6 29 writing of not less than thirty days shall be given to the 6 30 owner, occupant, or agent of the land enclosed by the fence. 6 31 2. The notice shall, with reasonable certainty, specify 6 32 the line to which the fences shall be removed, and shall be 6 33 served in the same manner that original notices are required 6 34 to be served, or in writing by certified mail, or in any other 6 35 manner reasonably calculated to apprise the person responsible 7 1 for the fence. 7 2 3. The department and the county engineer, or the board of 7 3 supervisors if a county engineer is not available, may 7 4 designate the location of a fence within a highway right=of= 7 5 way. A fence that is not properly located within the highway 7 6 right=of=way shall be removed within a time prescribed to a 7 7 designated location. If not so removed, the highway authority 7 8 may remove the fences and recover costs as provided in section 7 9 318.5. 7 10 Sec. 11. NEW SECTION. 318.11 BILLBOARDS AND SIGNS. 7 11 1. No billboard or advertising sign or device, except a 7 12 sign or device authorized by law or approved by the highway 7 13 authority, shall be placed or erected upon a highway right= 7 14 of=way. 7 15 2. A billboard or advertising sign, whether on public or 7 16 private property, that obstructs the view of any portion of a 7 17 public highway or of a railway track making the use of the 7 18 traveled portion of the right=of=way dangerous is a public 7 19 nuisance and shall be abated. The person responsible for the 7 20 erection and maintenance of the billboard or sign may be 7 21 punished as provided in chapter 657. 7 22 Sec. 12. NEW SECTION. 318.12 ENFORCEMENT. 7 23 A highway authority shall enforce the provisions of this 7 24 chapter by appropriate civil or criminal proceeding or by both 7 25 such proceedings. 7 26 Sec. 13. Section 68A.406, subsection 2, paragraph a, Code 7 27 Supplement 2005, is amended to read as follows: 7 28 a. Any property owned by the state or the governing body 7 29 of a county, city, or other political subdivision of the 7 30 state, including all property considered the public right=of= 7 31 way. Upon a determination by the board that a sign has been 7 32 improperly placed, the sign shall be removed by highway 7 33 authorities as provided in section319.13318.5, or by county 7 34 or city law enforcement authorities in a manner consistent 7 35 with section319.13318.5. 8 1 Sec. 14. Section 306.46, subsection 1, Code Supplement 8 2 2005, is amended to read as follows: 8 3 1. A public utility may construct, operate, repair, or 8 4 maintain its utility facilities within a public road right= 8 5 of=way. The location of new utility facilities shall comply 8 6 with section319.5318.9. A utility facility shall not be 8 7 constructed or installed in a manner that causes interference 8 8 with public use of the road. 8 9 Sec. 15. Section 306C.13, subsection 8, paragraph f, Code 8 10 2005, is amended to read as follows: 8 11 f. Which do not comply with all applicable state or local 8 12 laws, regulations and ordinances, including but not limited to 8 13 zoning, building, and sign codes as locally interpreted and 8 14 applied and enforced, or which violate chapter319318; 8 15 however, nothing in this division shall prevent or restrict 8 16 county or local zoning authorities from making a determination 8 17 of customary use concerning size, lighting, and spacing of 8 18 advertising devices in zoned commercial or industrial adjacent 8 19 areas, and such determinations will be accepted in lieu of the 8 20 standards of this division. The provisions of this division 8 21 shall not prevent or restrict county or local zoning 8 22 authorities within their respective jurisdictions from 8 23 establishing standards imposing controls stricter than those 8 24 required by this division. 8 25 Sec. 16. Section 311.32, Code 2005, is amended to read as 8 26 follows: 8 27 311.32 ADMINISTRATION AND MAINTENANCE OF ROADS. 8 28 Any road established by petition and any road improved by 8 29 petition under this chapter shall be administered and 8 30 maintained by the county under chapters 306, 309, 314, 317, 8 31 and319318. However, the fact that right=of=way is donated 8 32 by property owners for the establishment of a road or a 8 33 portion of the cost of a road improvement is paid by property 8 34 owners under this chapter, does not preclude the board of 8 35 supervisors from exercising its responsibility over these 9 1 roads as secondary roads. 9 2 Sec. 17. Section 331.362, subsection 7, Code 2005, is 9 3 amended to read as follows: 9 4 7. The board shall cause the removal of obstructions on 9 5 the secondary roads, in accordance with chapter319318. 9 6 Sec. 18. Section 331.756, subsection 57, Code Supplement 9 7 2005, is amended to read as follows: 9 8 57. Commence legal proceedings to remove billboards and 9 9 signs which constitute a public nuisance as provided in 9 10 section319.11318.11. 9 11 Sec. 19. Chapter 319, Code 2005, is repealed. 9 12 EXPLANATION 9 13 This bill reorganizes much of the existing Code chapter 9 14 pertaining to obstructions in highways into new Code chapter 9 15 318, while adding some new provisions. The bill provides a 9 16 purpose section and definitions for the new Code chapter. The 9 17 bill lists actions that are and are not prohibited 9 18 obstructions. The bill provides that an obstruction creates a 9 19 public nuisance punishable under Code chapter 657 pertaining 9 20 to nuisances. The bill also addresses utility structures 9 21 located in a highway right=of=way. 9 22 The bill also provides amendments to other Code sections to 9 23 conform to the new Code chapter. 9 24 LSB 6556SV 81 9 25 eg:nh/je/5