House File 2458      

                            AN ACT
RELATING TO RESTRICTIONS ON MOWING WITHIN THE
   RIGHT=OF=WAY OF INTERSTATES, PRIMARY HIGHWAYS, AND SECONDARY
   ROADS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
   Section 1.  Section 314.17, Code 2009, is amended to read as
follows:
   314.17  Mowing on interstates, and primary highways, and
secondary roads.
   On or after January 1, 2003, the department shall not
mow Mowing roadside vegetation on the rights=of=way or medians
on any primary or highway, interstate highway.  Mowing shall
be permitted as follows, or secondary road prior to July 15 is
prohibited, except as follows:
   1.  On rights=of=way which include drainage ditch
areas.  Within two hundred yards of an inhabited dwelling.
   2.  On rights=of=way within three miles one mile of the
corporate limits of a city.
   3.  To promote native species of vegetation or other
long=lived and adaptable vegetation.
   4.  For establishing To establish control of damaging insect
populations, noxious weeds, and invader invasive plant species.
   5.  For visibility and safety reasons.
   6.  Within rest areas, weigh stations, and wayside parks.
   Sec. 2.  Section 317.11, Code 2009, is amended to read as
follows:
   317.11  Weeds on roads == harvesting of grass.
   1.  The county boards of supervisors and the state 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.  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 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.
   Sec. 3.  Section 317.19, Code 2009, is amended to read as
follows:
   317.19  Road clearing appropriation.
   1.  The board of supervisors may appropriate moneys to
be used for the purposes of cutting, burning, or otherwise
controlling weeds or brush within the right=of=way of roads
under county jurisdiction in time to prevent reseeding or in
a manner consistent with the county's roadside vegetation
management plan, if the county has adopted such a plan, or
in time to prevent reseeding, except as provided in section
314.17.  The moneys appropriated shall not be spent on spraying
for control of weeds except in those circumstances when it is
not practical to mow or otherwise control the weeds.
   2.  The board of supervisors may purchase or hire necessary
equipment or contract with the adjoining landowner to carry out
this section.


                                                            
                              PATRICK J. MURPHY
                              Speaker of the House


                                                            
                              JOHN P. KIBBIE
                              President of the Senate
   I hereby certify that this bill originated in the House and
is known as House File 2458, Eighty=third General Assembly.


                                                            
                              MARK BRANDSGARD
                              Chief Clerk of the House
Approved                , 2010


                                                            
                              CHESTER J. CULVER
                              Governor

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