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Senate File 102 - IntroducedA Bill ForAn Act 1relating to the classification and reclassification
2of certain secondary roads, and including applicability
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 309.57, Code 2021, is amended to read as
2follows:
3309.57 Area service classification.
41. The county board of supervisors, after consultation with
5the county engineer, and for purposes of specifying levels of
6maintenance effort and access, may classify the area service
7system into three classifications termed area service “A”, area
8service “B”, and area service “C”. The area
9a. Areaservice “A” classification roads shall be maintained
10in conformance with applicable statutes.
11b. Area service “B” classification roads may have a lesser
12level of maintenance as specified by the county board of
13supervisors, after consultation with the county engineer.
14c. Area service “C” classification roads may have restricted
15access and a minimal level of maintenance as specified by the
16county board of supervisors after consultation with the county
17engineer.
182. (1) Roads within area service “B” and “C”
19classifications shall have appropriate signs, conforming to
20the Iowa state sign manual, installed and maintained by the
21county at all access points to roads on this system from other
22public roads, to adequately warn the public they are entering a
23section of road which has a lesser level of maintenance effort
24than other public roads. In addition, area Area service “C”
25classification roads shall adequately warn the public that
26access is limited.
273. (2) Roads may only be classified as area service “C”
28by ordinance or resolution. The ordinance or resolution shall
29specify the level of maintenance effort and the persons who
30will have access rights to the road. The county shall only
31allow access to the road to the owner, lessee, or person in
32lawful possession of any adjoining land, or the agent or
33employee of the owner, lessee, or person in lawful possession,
34or to any peace officer, magistrate, or public employee whose
35duty it is to supervise the use or perform maintenance of the
-1-1road. Access to the road shall be restricted by means of a gate
2or other barrier.
3(3) An area service “C” classification shall apply to the
4entire portion of a road between the road’s access points. The
5county board of supervisors shall not classify only part of a
6road between the road’s access points, or only a bridge on the
7road, as area service “C”. This subparagraph does not apply
8to a road that terminates in a dead end. For purposes of this
9subparagraph, “access point” includes but is not limited to a
10driveway as defined in section 306.19.
114. (4) Notwithstanding section 716.7, subsection 2,
12paragraph “b”, subparagraph (2), entering or remaining upon
13an area service “C” classification road without justification
14after being notified or requested to abstain from entering or
15to remove or vacate the road by any person lawfully allowed
16access shall be a trespass as defined in section 716.7.
175. (5) A road with an area service “C” classification shall
18retain the classification until such time as a petition for
19reclassification is submitted to the board of supervisors. The
20petition shall be signed by one or more adjoining landowners.
21The board of supervisors shall approve or deny the request for
22reclassification within sixty days of receipt of the petition.
236. 2. a. Roads within area service “B” and “C”
24classifications shall have appropriate signs, conforming to
25the manual of uniform traffic-control devices adopted by the
26department, installed and maintained by the county at all
27access points to roads on this system from other public roads,
28to adequately warn the public they are entering a section of
29road which has a lesser level of maintenance effort than other
30public roads.
31b. The county and officers, agents, and employees of
32the county are not liable for injury to any person or for
33damage to any vehicle or equipment, or contents of any vehicle
34or equipment, which occurs proximately as a result of the
35maintenance of a road which is classified as area service “B”
-2-1or “C” if the road has been maintained to the level required
2for roads classified as area service “B” or “C”.
3 Sec. 2. APPLICABILITY. All area service “C”
4classifications in effect on the effective date of this
5Act that are not in compliance with this Act shall be expanded
6or reclassified to meet the requirements of this Act on or
7before January 1, 2022.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11Under current law, a county board of supervisors, after
12consultation with the county engineer, and for purposes
13of specifying levels of maintenance effort and access, may
14classify an area service system into three classifications
15termed area service “A”, area service “B”, and area service
16“C”. Area service “C” classification roads may have restricted
17access, but must allow access to adjoining landowners, and
18may have a minimal level of maintenance as specified by the
19county board of supervisors after consultation with the county
20engineer. A road with an area service “C” classification
21retains the classification until such time as a petition
22for reclassification is submitted to the county board of
23supervisors. The petition must be signed by one or more
24adjoining landowners.
25This bill provides that an area service “C” classification
26must apply to the entire portion of a road between the
27road’s access points. The bill prohibits a county board of
28supervisors from classifying as area service “C” only part of a
29road between the road’s access points, or only a bridge on the
30road. This provision does not apply to roads that terminate in
31a dead end. The bill specifies that “access point” includes
32but is not limited to a driveway.
33The bill provides that all area service “C” classifications
34currently in effect that are not compliant with the bill must
35be expanded or reclassified to meet the requirements of the
-3-1bill on or before January 1, 2022.
2The bill makes organizational and conforming changes to Code
3section 309.57.
-4-th/ns
2of certain secondary roads, and including applicability
3provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 309.57, Code 2021, is amended to read as
2follows:
3309.57 Area service classification.
41. The county board of supervisors, after consultation with
5the county engineer, and for purposes of specifying levels of
6maintenance effort and access, may classify the area service
7system into three classifications termed area service “A”, area
8service “B”, and area service “C”. The area
9a. Areaservice “A” classification roads shall be maintained
10in conformance with applicable statutes.
11b. Area service “B” classification roads may have a lesser
12level of maintenance as specified by the county board of
13supervisors, after consultation with the county engineer.
14c. Area service “C” classification roads may have restricted
15access and a minimal level of maintenance as specified by the
16county board of supervisors after consultation with the county
17engineer.
182. (1) Roads within area service “B” and “C”
19classifications shall have appropriate signs, conforming to
20the Iowa state sign manual, installed and maintained by the
21county at all access points to roads on this system from other
22public roads, to adequately warn the public they are entering a
23section of road which has a lesser level of maintenance effort
24than other public roads. In addition, area Area service “C”
25classification roads shall adequately warn the public that
26access is limited.
273. (2) Roads may only be classified as area service “C”
28by ordinance or resolution. The ordinance or resolution shall
29specify the level of maintenance effort and the persons who
30will have access rights to the road. The county shall only
31allow access to the road to the owner, lessee, or person in
32lawful possession of any adjoining land, or the agent or
33employee of the owner, lessee, or person in lawful possession,
34or to any peace officer, magistrate, or public employee whose
35duty it is to supervise the use or perform maintenance of the
-1-1road. Access to the road shall be restricted by means of a gate
2or other barrier.
3(3) An area service “C” classification shall apply to the
4entire portion of a road between the road’s access points. The
5county board of supervisors shall not classify only part of a
6road between the road’s access points, or only a bridge on the
7road, as area service “C”. This subparagraph does not apply
8to a road that terminates in a dead end. For purposes of this
9subparagraph, “access point” includes but is not limited to a
10driveway as defined in section 306.19.
114. (4) Notwithstanding section 716.7, subsection 2,
12paragraph “b”, subparagraph (2), entering or remaining upon
13an area service “C” classification road without justification
14after being notified or requested to abstain from entering or
15to remove or vacate the road by any person lawfully allowed
16access shall be a trespass as defined in section 716.7.
175. (5) A road with an area service “C” classification shall
18retain the classification until such time as a petition for
19reclassification is submitted to the board of supervisors. The
20petition shall be signed by one or more adjoining landowners.
21The board of supervisors shall approve or deny the request for
22reclassification within sixty days of receipt of the petition.
236. 2. a. Roads within area service “B” and “C”
24classifications shall have appropriate signs, conforming to
25the manual of uniform traffic-control devices adopted by the
26department, installed and maintained by the county at all
27access points to roads on this system from other public roads,
28to adequately warn the public they are entering a section of
29road which has a lesser level of maintenance effort than other
30public roads.
31b. The county and officers, agents, and employees of
32the county are not liable for injury to any person or for
33damage to any vehicle or equipment, or contents of any vehicle
34or equipment, which occurs proximately as a result of the
35maintenance of a road which is classified as area service “B”
-2-1or “C” if the road has been maintained to the level required
2for roads classified as area service “B” or “C”.
3 Sec. 2. APPLICABILITY. All area service “C”
4classifications in effect on the effective date of this
5Act that are not in compliance with this Act shall be expanded
6or reclassified to meet the requirements of this Act on or
7before January 1, 2022.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11Under current law, a county board of supervisors, after
12consultation with the county engineer, and for purposes
13of specifying levels of maintenance effort and access, may
14classify an area service system into three classifications
15termed area service “A”, area service “B”, and area service
16“C”. Area service “C” classification roads may have restricted
17access, but must allow access to adjoining landowners, and
18may have a minimal level of maintenance as specified by the
19county board of supervisors after consultation with the county
20engineer. A road with an area service “C” classification
21retains the classification until such time as a petition
22for reclassification is submitted to the county board of
23supervisors. The petition must be signed by one or more
24adjoining landowners.
25This bill provides that an area service “C” classification
26must apply to the entire portion of a road between the
27road’s access points. The bill prohibits a county board of
28supervisors from classifying as area service “C” only part of a
29road between the road’s access points, or only a bridge on the
30road. This provision does not apply to roads that terminate in
31a dead end. The bill specifies that “access point” includes
32but is not limited to a driveway.
33The bill provides that all area service “C” classifications
34currently in effect that are not compliant with the bill must
35be expanded or reclassified to meet the requirements of the
-3-1bill on or before January 1, 2022.
2The bill makes organizational and conforming changes to Code
3section 309.57.
-4-th/ns