SENATE FILE 271

BY  SORENSON

A BILL FOR

An Act relating to the harvesting of grass within the right-of-way of a noninterstate highway by the owner of property adjacent to the highway.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 317.11, Code 2011, is amended to read as follows:
   317.11  Weeds on roads —— harvesting of grass.
   1.  The county boards of supervisors and thestate department of transportation shall control noxious weeds growing on the roads under their jurisdiction. Spraying for control of noxious weeds shall be limited to those circumstances when it is not practical to mow or otherwise control the noxious weeds.
   2.
  a.  Nothing under this chapter shall prevent the landowner from harvesting, in proper season on or after July 15, the grass grown on the road along portion of the right-of-way beyond the shoulder of a noninterstate highway that is adjacent to the landowner’s land except for vegetation maintained for highway purposes as part of an integrated roadside vegetation management plan which is consistent with the objectives in section 314.22.
   b.  With approval of the department of transportation or the county board of supervisors of the county having jurisdiction over the highway, a landowner may harvest the grass growing within the median of a noninterstate highway that runs adjacent to the landowner’s land.
EXPLANATION
   Current law allows a landowner to harvest grass grown on the road along the landowner’s land, except for vegetation maintained for highway purposes as part of an integrated roadside vegetation management plan. This bill amends that provision to specify that it applies to the portion of the right-of-way beyond the shoulder of a noninterstate highway. In addition, the bill allows a landowner whose property runs adjacent to a noninterstate highway to harvest the grass grown within the median of the highway with the approval of the department of transportation or the county board of supervisors of the county having jurisdiction over the highway.