House File 2120 - Introduced HOUSE FILE 2120 BY COLLINS A BILL FOR An Act relating to road construction, modification, and repair 1 project standards. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5766YH (1) 90 th/ns
H.F. 2120 Section 1. NEW SECTION . 306.9A Road construction, 1 modification, or repair standards. 2 The department or county board of supervisors, as 3 applicable, shall do all of the following prior to, during, and 4 after the completion of a road construction, modification, or 5 repair project, as applicable: 6 1. Submit a project plan to landowners and tenants of 7 property adjacent to the location of a planned project prior to 8 the commencement of the project. 9 2. Restore areas used for field entrances and temporary 10 roads after the project is completed in a manner that minimizes 11 crop damage and disruptions to seasonal field operations. A 12 restored field entrance must match the original field entrance 13 width, in accordance with applicable administrative rules. 14 The department shall adopt a uniform classification for field 15 entrance widths to be used across all department publications 16 and administrative rules. 17 3. Ensure reasonable opportunities to cross the median of 18 a road during projects so a person operating an implement of 19 husbandry, as defined in section 321.1, maintains continued 20 access to, and use of, farm field entrances. 21 4. Repair lines of tile and restore drainage capacity of 22 farm fields affected by the project. 23 5. If the project causes damage to crops or real property as 24 a result of drainage disruptions, compensate the person whose 25 crops or real property was damaged in an amount equal to the 26 damage caused. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 Under current law, the agency which has control and 31 jurisdiction over a road has the power, on its own motion, to 32 alter or vacate and close any such road and to establish new 33 roads which are or are intended to become a part of the road 34 system over which the agency has jurisdiction and control. 35 -1- LSB 5766YH (1) 90 th/ns 1/ 2
H.F. 2120 This bill requires the department of transportation (DOT) 1 or county board of supervisors, as applicable, to take extra 2 actions relating to notice, access, and restoration, listed 3 in the bill, prior to, during, and after a road construction, 4 modification, or repair project. The requirements do not apply 5 to projects of cities. 6 The bill also requires the DOT to adopt a uniform 7 classification for field entrance widths. Currently, the DOT 8 classifies field entrances in different classes when addressed 9 in different contexts, including in DOT rules and published 10 manuals. 11 -2- LSB 5766YH (1) 90 th/ns 2/ 2