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
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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 section 319.13 318.5, or by county
7 34 or city law enforcement authorities in a manner consistent
7 35 with section 319.13 318.5.
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 section 319.5 318.9. 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 chapter 319 318;
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 and 319 318. 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 chapter 319 318.
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 section 319.11 318.11.
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.
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