HF 2451 (LSB 5766HV (2) 90)

HOUSE FILE 2451

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO HF 2120)

A BILL FOR

An Act relating to road construction, modification, and repair project standards.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  306.9A  Road construction, modification, or repair standards.
   The department or county board of supervisors, as applicable, shall do all of the following prior to, during, and after the completion of a road construction, modification, or repair project, as applicable:
   1.  Submit a project plan to landowners and tenants of property adjacent to the location of a planned primary road project prior to the commencement of the project. This subsection applies only to the department.
   2.  Restore areas used for field entrances and temporary roads after the project is completed in a manner that minimizes crop damage and disruptions to seasonal field operations. A restored field entrance must match the original field entrance width, or the minimum field entrance width in accordance with applicable administrative rules, unless a different field entrance width is agreed to by the person who owns the field entrance property and the department or county board of supervisors, as applicable. The department shall adopt a uniform classification for field entrance widths to be used across all department publications and administrative rules.
   3.  Ensure reasonable opportunities to cross the median of a road during projects so a person operating an implement of husbandry, as defined in section 321.1, maintains continued access to, and use of, farm field entrances.
   4.  Repair lines of tile and restore drainage capacity of farm fields affected by the project.
   5.  If the project causes damage to crops or real property as a result of drainage disruptions, compensate the person whose crops or real property was damaged in an amount equal to the damage caused.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, the agency which has control and jurisdiction over a road has the power, on its own motion, to alter or vacate and close any such road and to establish new roads which are or are intended to become a part of the road system over which the agency has jurisdiction and control.
   This bill requires the department of transportation (DOT) or county board of supervisors, as applicable, to take extra actions relating to notice, access, and restoration, listed in the bill, prior to, during, and after a road construction, modification, or repair project. The requirements do not apply to projects of cities.
   The bill also requires the DOT to adopt a uniform classification for field entrance widths. Currently, the DOT classifies field entrances in different classes when addressed in different contexts, including in DOT rules and published manuals.