CHAPTER 306C JUNKYARD BEAUTIFICATION AND BILLBOARD CONTROL
306C.1 DEFINITIONS.
306C.2 JUNKYARDS PROHIBITED -- EXCEPTIONS.
306C.3 JUNKYARDS LAWFULLY IN EXISTENCE.
306C.4 REQUIREMENTS AS TO SCREENING.
306C.5 ACQUISITION OF LAND FOR SCREENING OR REMOVAL.
306C.6 NUISANCE -- INJUNCTION.
306C.7 INTERPRETATION.
306C.8 AGREEMENTS WITH THE UNITED STATES AUTHORIZED.
306C.9 COMPENSATION.
306C.10 DEFINITIONS.
306C.11 ADVERTISING PROHIBITED.
306C.12 NONE VISIBLE FROM HIGHWAY.
306C.13 CONTROL BY DEPARTMENT OF TRANSPORTATION.
306C.14 EXISTING SIGNS -- SIX-YEAR LIMIT.
306C.15 ACQUISITION OF SIGNS.
306C.16 COMPENSATION.
306C.17 CONDEMNATION.
306C.18 PERMIT REQUIRED.
306C.19 REMOVAL AFTER NOTICE.
306C.20 BONUS FUNDS AGREEMENTS.
306C.21 INFORMATION CENTERS AND REST AREAS.
306C.22 POLITICAL SIGNS.
306C.23 SPECIAL EVENT SIGNS.
306C.24 COMPENSATION FOR SIGN REMOVAL.



        

306C.1 DEFINITIONS. For the purposes of this division unless the context otherwise requires: 1. "Department" means the state department of transportation. 2. "Interstate highway" includes "interstate road" and "interstate system" and means any highway of the primary system at any time officially designated as a part of the national system of interstate and defense highways by the department and approved by the appropriate authority of the federal government. 3. "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts of automobiles, or iron, steel, or other old or scrap ferrous or nonferrous material. 4. "Junkyard" means an establishment or place of business which is maintained, operated, or used primarily for storing, keeping, buying, or selling junk; and the term includes garbage dumps, sanitary fills, and automobile graveyards.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.1] 

         Section History: Recent Form

         2003 Acts, ch 8, §1
         Referred to in § 555B.1
        

306C.2 JUNKYARDS PROHIBITED -- EXCEPTIONS. A person shall not establish, operate, or maintain a junkyard, any portion of which is within one thousand feet of the nearest edge of the right-of-way of any interstate highway, except: 1. Those which are screened by natural objects, plantings, fences, or other appropriate means obscuring them from view from the main-traveled portion of the highway. 2. Those located within areas which are zoned for industrial use under authority of law. 3. Those located within unzoned industrial areas which areas shall be determined from actual land uses and defined by regulations to be promulgated by the department under the provisions of chapter 17A in accordance with the standards, criteria, and rules and regulations promulgated under authority of Title 23, United States Code. 4. Those which are not visible from the main-traveled portion of the highway.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.2] 

         Section History: Recent Form

         2003 Acts, ch 8, §2
         Referred to in § 306C.6
        

306C.3 JUNKYARDS LAWFULLY IN EXISTENCE. Any junkyard located outside a zoned or unzoned industrial area lawfully in existence on July 1, 1972, which is within one thousand feet of the nearest edge of the right-of-way and visible from the main-traveled portion of any highway on the interstate system shall be screened, if feasible, by the department, or by the owner under rules and direction of the department, at locations on the highway right-of-way or in areas acquired for such purposes outside the right-of-way in order to obscure the junkyard from the main-traveled way of such highways.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.3] 

         Section History: Recent Form

         2003 Acts, ch 8, §3
         Referred to in § 306C.6
        

306C.4 REQUIREMENTS AS TO SCREENING. The department may adopt rules pursuant to chapter 17A governing the location, planting, construction, and maintenance of screening or fencing required by this chapter including materials to be used. However, such rules shall be in accordance with the standards, criteria and rules promulgated under authority of Title 23, United States Code.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.4]
        

306C.5 ACQUISITION OF LAND FOR SCREENING OR REMOVAL. When the department determines that it is in the best interests of the state, it may acquire by gift, purchase, exchange, or condemnation, as provided by law, such property or rights or interests in property as may be necessary to provide adequate screening for junkyards. When the department determines that the topography of the land adjoining the highway will not permit adequate screening, or screening would not be economically feasible, the department may acquire such property or rights or interests in property as may be necessary to secure the relocation, removal, or disposal of the junkyard, and shall pay the cost of such relocation, removal, or disposal, with federal participation. However, no plan for relocation, removal, or disposal which qualifies for federal participation shall be undertaken unless the department has received notification from the federal government that the federal share to be paid is immediately available for that purpose.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.5]
        

306C.6 NUISANCE -- INJUNCTION. Any junkyard which does not conform to the requirements of this division and which is not excepted under section 306C.2 or 306C.3, is a public nuisance. The department may apply for an injunction to abate any nuisance arising from a violation of the provisions of this division or rules adopted pursuant to this division.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.6]
         Nuisances in general, chapter 657
        

306C.7 INTERPRETATION. Nothing in this chapter shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution, which are more restrictive than the provisions of this division.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.7]
        

306C.8 AGREEMENTS WITH THE UNITED STATES AUTHORIZED. The department may enter into agreements with the United States secretary of transportation as provided by Title 23, United States Code, relating to control of junkyards in areas adjacent to the interstate system, and take action in the name of the state to comply with the terms of such agreements.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.8] 

         Section History: Recent Form

         2003 Acts, ch 8, §4
        

306C.9 COMPENSATION. Nothing in this division shall be construed as permitting the taking of private property or the restriction of the reasonable and existing uses of such property without just compensation and in accordance with the provisions of chapter 6B and Title 23, United States Code.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.9]
        

306C.10 DEFINITIONS. For the purposes of this division, unless the context otherwise requires: 1. "Adjacent area" means an area which is contiguous to and within six hundred sixty feet of the nearest edge of the right-of-way of any interstate, freeway primary, or primary highway. 2. "Advertising device" includes any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or any other device designed, intended, or used to advertise or give information in the nature of advertising, and having the capacity of being visible from the traveled portion of any interstate or primary highway. 3. "Bonus interstate highways" includes all interstate highways except those interstate highways adjacent to areas excepted from control under chapter 306B by authority of section 306B.2, subsection 4. 4. "Commercial or industrial activities" means those activities generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following activities shall be considered commercial or industrial: a. Outdoor advertising structures. b. Agricultural, forestry, grazing, farming, and related activities, including but not limited to wayside fresh produce. c. Activities in operation less than three months per year. d. Activities conducted in a building principally used as a residence. e. Railroad tracks and minor spurs. f. Activities outside of adjacent areas, as defined by this division and section 306B.5. g. Activities which have been used in defining and delineating an unzoned area but which have since been discontinued or abandoned. h. Residential housing developments. i. Manufactured home communities or mobile home parks. j. Institutions of learning. k. State, county, and charitable institutions. l. State and county conservation and recreation areas, public parks, forests, playgrounds, or other areas of historic interest or areas designated as scenic beautification areas under section 313.67. 5. "Commercial or industrial zone" means those areas zoned commercial or industrial under authority of a law, regulation, or ordinance of this state, its subdivisions, or a municipality. 6. "Department" means the state department of transportation. 7. "Erect" means to construct, reconstruct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish; however, it shall not include any of the foregoing activities when performed incidental to the customary maintenance of an advertising device. 8. "Freeway primary highway" means those primary highways which have been constructed as a fully controlled access facility with no access to the facility except at established interchanges. 9. "Information center" means a site, either with or without structures or buildings, established and maintained at a rest area for the purpose of providing "information of specific interest to the traveling public", as defined in subsection 18. 10. "Interstate highway" includes "interstate road" and "interstate system" and means any highway of the primary system at any time officially designated as a part of the national system of interstate and defense highways by the department and approved by the appropriate authority of the federal government. 11. "Maintain" means to cause to remain in a state of good repair but does not include reconstruction. 12. "Main-traveled way" means the portion of the roadway for movement of vehicles on which through traffic is carried exclusive of shoulders and auxiliary lanes. In the case of a divided highway, the main-traveled way includes each of the separated roadways for traffic in opposite directions, exclusive of frontage roads, turning roadways, or parking areas. 13. "Primary highways" includes the entire primary system as officially designated, or as may hereafter be so designated, by the department. 14. "Reconstruction" means any repair to the extent of sixty percent or more of the replacement cost of the structure, excluding buildings. 15. "Rest area" means an area or site established and maintained under authority of section 313.67 within the right-of-way of an interstate, freeway primary, or primary highway under supervision and control of the department for the safety, recreation, and convenience of the traveling public. 16. "Right-of-way" means land area dedicated to public use for the highway and its maintenance, and includes land acquired in fee simple or by permanent easement for highway purposes, but does not include temporary easements or rights for supplementary highway appurtenances. 17. "Special event sign" means a temporary advertising device, not larger than thirty-two square feet in area, erected for the purpose of notifying the public of noncommercial community events including but not limited to fairs, centennials, festivals, and celebrations open to the general public and sponsored or approved by a city, county, or school district. 18. "Specific information of interest to the traveling public" means only information about public places for camping, lodging, eating, and motor fuel and associated services, including trade names, which have telephone facilities available when the public place is open for business and businesses engaged in selling motor fuel which have free air for tire inflation and restroom facilities available when the public place is open for business. 19. "Structure" means any sign supporting device including but not limited to buildings. 20. "Unzoned commercial or industrial area" means those areas not zoned by state or local law, regulation, or ordinance, which are occupied by one or more commercial or industrial activities, and the land along the interstate highways and primary highways for a distance of seven hundred fifty feet immediately adjacent to the activities. All measurements shall be from the outer edge of the regularly used buildings, parking lots, storage, or processing areas of the activities and shall be parallel to the edge of pavement of the highway. Measurements shall not be from the property line of the activities unless that property line coincides with the limits of the activities. Unzoned commercial or industrial areas shall not include land on the opposite side of the highway from the commercial or industrial activities. 21. "Visible" means capable of being read or comprehended without visual aid by a person of normal visual acuity.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.10] 

         Section History: Recent Form

         2001 Acts, ch 153, §16; 2003 Acts, ch 8, §5; 2009 Acts, ch 133,
      §111, 235
         Referred to in § 314.27
        

306C.11 ADVERTISING PROHIBITED. Subject to the provisions made in section 306C.13 regarding control of bonus interstate highways and section 306D.4 regarding scenic highways or byways, an advertising device shall not be erected or maintained within any adjacent area, or on the right-of-way of any primary highway, except the following: 1. Advertising devices concerning the sale or lease of property upon which they are located. 2. Advertising devices concerning activities conducted on the property on which they are located, nor shall the property upon which they are located be construed to mean located upon any contiguous area having inconsistent use, size, shape, or ownership. However, businesses located within the limits of a commercial or industrial development may be advertised on a sign located anywhere within the development regardless of land ownership. 3. a. Advertising devices within the adjacent area located in commercial or industrial zones or in unzoned commercial or industrial areas in compliance with the regulatory standards of this division and rules promulgated by the department. b. The rules shall be consistent with national standards promulgated pursuant to 23 U.S.C. § 131 and shall include at least the following: (1) Provision for a fee schedule to cover the direct and indirect costs related to issuing permits and control of outdoor advertising. (2) Specific permit requirements. (3) Criteria for on-premise signs. (4) Provisions specifying the measurement of required spacing. (5) Provisions specifying conforming sign configurations. 4. Official and directional signs and notices which shall include but not be limited to signs and notices pertaining to natural wonders, scenic and historic attractions, and recreational attractions. The signs and notices shall conform with rules promulgated by the department, provided that such rules shall be consistent with national standards promulgated pursuant to 23 U.S.C. § 131(c). 5. a. Signs, displays, and devices giving specific information of interest to the traveling public shall be erected by the department and maintained within the right-of-way in the areas, and at appropriate distances from interchanges on the interstate system and freeway primary highways as shall conform with the rules adopted by the department. The rules shall be consistent with national standards promulgated from time to time or as permitted by the appropriate authority of the federal government pursuant to 23 U.S.C. § 131(f) except as provided in this section. The rules shall include but are not limited to the following: (1) Criteria for eligibility for signing. (2) Criteria for limiting or excluding businesses that maintain advertising devices that do not conform to the requirements of chapter 306B, this division, or other statutes or administrative rules regulating outdoor advertising. (3) Provisions for a fee schedule to cover the direct and indirect costs of sign erection and maintenance and related administrative costs. (4) Provisions for specifying the maximum distance to eligible businesses. (5) Provisions specifying the maximum number of signs permitted per panel and per interchange. (6) Provisions for determining what businesses are signed when there are more applicants than the maximum number of signs permitted. (7) Provisions for removing signs when businesses cease to meet minimum requirements for participation and related costs. b. Business signs supplied to the department by commercial vendors shall be on panels, with dimensional and material specifications established by the department. A business sign included under the provisions of this section shall not be posted unless it is in compliance with these specifications. The commercial vendor shall pay to the department a fee based upon the schedule adopted under this subsection for each business sign supplied for posting. Upon furnishing the business signs to the department and payment of all fees, the department shall post the business signs on eligible specific information panels. Faded signs shall be replaced and the commercial vendor charged for the cost of replacement based upon the fee schedule adopted. There is created in the office of the treasurer of state a fund to be known as the "highway beautification fund" and all funds received for the posting on specific information panels shall be deposited in the "highway beautification fund". Information on motor fuel and associated services may include vehicle service and repair where the same is available. 6. The publication title of a newspaper on a delivery receptacle attached to a mailbox or mailbox support.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.11; 82 Acts, ch 1240, § 1] 

         Section History: Recent Form

         90 Acts, ch 1183, §1, 2; 95 Acts, ch 135, §3; 97 Acts, ch 104, §2;
      98 Acts, ch 1075, §19; 2006 Acts, ch 1068, §1; 2006 Acts, ch 1142, §
      83; 2007 Acts, ch 143, §1; 2009 Acts, ch 133, §112
         Referred to in § 306C.12, 306C.13, 306C.18
        

306C.12 NONE VISIBLE FROM HIGHWAY. An advertising device shall not be constructed or reconstructed beyond the adjacent area in unincorporated areas of the state if it is visible from the main-traveled way of any interstate or primary highway except for advertising devices permitted in section 306C.11, subsections 1 and 2. Any advertising device permitted beyond an adjacent area in unincorporated areas of the state shall be subject to the applicable permit provisions of section 306C.18.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.12] 

         Section History: Recent Form

         2006 Acts, ch 1068, §2
        

306C.13 CONTROL BY DEPARTMENT OF TRANSPORTATION. The department shall control the erection and maintenance of advertising devices authorized by section 306C.11, subsection 3, in accord with the following criteria, except that in the case of bonus interstate highways the department shall maintain the controls required under chapter 306B or the controls required by this division, whichever controls are stricter: 1. Advertising devices located within the adjacent area of interstate highways and freeway primary highways shall not be erected or maintained closer to another advertising device facing in the same direction than five hundred feet outside of cities, and within two hundred fifty feet if inside of cities. An advertising device may not be located within two hundred fifty feet of an interchange, or rest area. The measurement shall be from the nearest widening constructed for the purpose of acceleration or deceleration of traffic movement to or from the main-traveled way to the advertising device. 2. Advertising devices located within the adjacent area of primary highways shall not be erected or maintained closer to another advertising device facing in the same direction than one hundred feet if inside the corporate limits of a municipality. No advertising device, other than as excepted or permitted by subsections 4, 5, or 6 of this section, shall be located within the triangular area formed by the line connecting two points each fifty feet back from the point where the street right of way lines of the main-traveled way and the intersecting street meet, or would meet, if extended. 3. Advertising devices located within the adjacent area of primary highways shall not be erected or maintained closer to another advertising device facing in the same direction than three hundred feet if outside the corporate limits of a municipality. No advertising device, other than those excepted or permitted by subsections 4, 5, or 6 of this section, shall be located within the triangular area formed by a line connecting two points each one hundred feet back from the point where the street right-of-way lines of the main-traveled way and the intersecting street meet, or would meet, if extended. 4. The distance spacing measurements fixed by subsections 2 and 3 of this section shall not apply to advertising devices which are separated by a building in such a manner that only one advertising device located within the minimum spacing distance is visible from a highway at any one time. 5. Within a triangular area, as defined by subsections 2 and 3 of this section, occupied by a building or structure, no advertising device shall be erected or maintained closer to the intersection than the building or structure itself, except that a wall advertising device may be attached to said building or structure not to protrude more than twelve inches. 6. Official and directional signs and notices and advertising devices concerning the sale or lease of the property or activities conducted upon the property as specified in 23 U.S.C. § 131(c) shall not be taken into consideration in determining compliance with spacing requirements. 7. The minimum distance between two advertising devices facing the same direction shall apply without regard to the side of the highway on which the advertising devices may be located and shall be measured along the center line of the highway between points directly opposite the advertising devices. 8. Advertising devices shall not be erected, maintained, or illuminated: a. In a manner to obscure or otherwise physically interfere with an official traffic sign, signal, or device, or to obstruct or physically interfere with any driver's view of approaching, merging, or intersecting traffic. b. Unless effectively shielded to prevent light from being directed at any portion of the traveled highway with such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle. c. Which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights, except those giving public service information such as, but not limited to time, date, temperature, weather, news and similar information. d. Which imitate or resemble an official sign or signal or device or which are erected or maintained within or closer than three hundred feet from scenic areas, as defined and determined by the department, or which are located or maintained upon trees, or painted or drawn upon rocks or natural features, or which are structurally unsafe or in substantial disrepair. e. Which exceed one thousand two hundred square feet in area or in the case of a back-to-back or V-type advertising device, with a maximum of two facings per advertising device, seven hundred fifty square feet in area, including border and trim but excluding base or apron, support, and other structural members. f. Which do not comply with all applicable state or local laws, regulations and ordinances, including but not limited to zoning, building, and sign codes as locally interpreted and applied and enforced, or which violate chapter 318; however, nothing in this division shall prevent or restrict county or local zoning authorities from making a determination of customary use concerning size, lighting, and spacing of advertising devices in zoned commercial or industrial adjacent areas, and such determinations will be accepted in lieu of the standards of this division. The provisions of this division shall not prevent or restrict county or local zoning authorities within their respective jurisdictions from establishing standards imposing controls stricter than those required by this division. g. The standards contained in this section pertaining to size, lighting, and spacing shall not apply to advertising devices erected or maintained within six hundred sixty feet of the right of way of those portions of the interstate highway system exempted from control under chapter 306B by authority of section 306B.2, subsection 4, nor to advertising devices erected and maintained within adjacent areas along primary highways within zoned and unzoned commercial and industrial areas, unless said advertising devices were erected subsequent to July 1, 1972.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.13] 

         Section History: Recent Form

         2006 Acts, ch 1097, §15
         Referred to in § 306C.11, 306C.24
        

306C.14 EXISTING SIGNS -- SIX-YEAR LIMIT. Any advertising device lawfully in existence in an adjacent area on July 1, 1972, which does not conform with the provisions of this division, shall be required to be brought into conformity or removed within six years after July 1, 1972. Any advertising device lawfully erected after said date which subsequently becomes nonconforming, shall be required to be brought into conformity or removed within five years after the date the nonconformity occurs. However, no advertising device shall be acquired or be required to be removed pursuant to this division unless the department has received notification from the federal government that the federal share of "just compensation" to be paid is immediately available to contribute to the cost of acquisition or removal; this requirement shall not apply to the acquisition or removal of advertising devices for which no federal share is payable.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.14]
         Referred to in § 306C.24
        

306C.15 ACQUISITION OF SIGNS. The department shall acquire by purchase, gift, or condemnation, and shall pay "just compensation" upon the removal of any of the following advertising devices which are not in conformity with the provisions of this division: 1. Advertising devices lawfully in existence on July 1, 1972. 2. Advertising devices lawfully in existence on land adjoining any highway made an interstate, freeway primary, or primary highway after July 1, 1972. 3. Advertising devices lawfully erected on or after July 1, 1972, but which subsequently become nonconforming. 4. Any advertising device erected on the mistaken or negligent advice of any official or employee of the state of Iowa as to the interpretation, effect, or operation of this division, chapter 306B, or rules promulgated by the department.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.15]
         Referred to in § 306C.16, 306C.18
        

306C.16 COMPENSATION. Compensation required by section 306C.15 or 306C.24 shall be paid for the following: 1. The taking from the owner of such advertising device of all right, title, leasehold, and interest in such advertising device. 2. The taking from the owner of real property on which an advertising device is located, of the right to erect and maintain such advertising devices upon that real property.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.16] 

         Section History: Recent Form

         89 Acts, ch 317, §24
         Referred to in § 306C.24
        

306C.17 CONDEMNATION. The provisions of chapters 6A and 6B shall be applicable to any such condemnation commenced pursuant to this division, and the department may take immediate possession of and remove such advertising devices under the procedures of section 6B.25.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.17]
        

306C.18 PERMIT REQUIRED. The owner of every advertising device regulated by this chapter, except signs and advertising devices excepted by section 306C.11, subsections 1, 2, and 5, and official signs erected by public officers or agencies, shall be required to make application to the department for a permit. 1. The application for a permit shall be on a form provided by the department and shall contain the name and address of the owner of the advertising device and the name and address of the owner of the real property on which it is located; the date of its erection; a description of its location; its dimensions; and such other information required by the department, together with a permit fee as provided in this section or rule adopted by the department. 2. After July 1, 1972, no new advertising device for which an application for a permit is required may be erected without first obtaining a permit from the department, except in the case of advertising devices lawfully in existence in areas adjacent to any highway made an interstate, freeway primary, or primary highway after July 1, 1972. The owner shall be required to make application for a permit as provided for in this section within thirty days after the date the said highway acquired said designation. 3. Upon receipt of an application containing all the required information in due form and properly executed together with the fee required, the department shall issue a permit to be affixed to the advertising device if the advertising device will not violate any provision of this division or chapter 306B, or any rule promulgated by the department, provided that in the case of advertising devices to be acquired pursuant to section 306C.15, a provisional permit shall be issued. 4. The fee for both types of permits for calendar years 1997 and 1998 shall be one hundred dollars for the initial fee and fifteen dollars for each annual renewal for signs up to three hundred seventy-five square feet in area, twenty-five dollars for each annual renewal for signs at least three hundred seventy-six, but not more than nine hundred ninety- nine, square feet in area, and fifty dollars for each annual renewal for signs one thousand square feet or more in area. Beginning January 1, 1999, fees shall be as determined by rule by the department. The fees collected for the above permits shall be credited to a special account entitled the "highway beautification fund" and all salaries and expenses incurred in administering this chapter shall be paid from this fund or from specific appropriations for this purpose, except that surveillance of, and removal of, advertising devices performed by regular maintenance personnel are not to be charged against the account.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.18] 

         Section History: Recent Form

         91 Acts, ch 176, §1; 96 Acts, ch 1218, § 34; 97 Acts, ch 104, §3;
      2006 Acts, ch 1068, §3
         Referred to in § 306C.12, 306C.24
        

306C.19 REMOVAL AFTER NOTICE. Any advertising device erected or maintained after July 1, 1972, in violation of this division or the rules promulgated by the department, is a public nuisance and may be removed by the department upon thirty days' notice, by certified mail, to the owner of the advertising device and to the owner of the land on which the advertising device is located. The notice shall require such owners to remove the advertising device if it is prohibited, or to cause it to conform to this division or rules promulgated by the department if it is not prohibited. 1. If the owner of the advertising device or the landowner fails to act within thirty days as required in the notice, the advertising device shall be deemed to be forfeited and the department may enter upon the land and remove the advertising device. Such entry after notice, shall not be deemed a trespass and the department may be aided by injunction to abate the nuisance and to insure peaceful entry. 2. The cost of removal, including fees, costs and expenses which arise out of an action brought by the department to insure peaceful entry and removal, may be assessed against the owner of the advertising device. If the owner of the advertising device fails to pay the fees, costs, or expenses within thirty days after assessment, the department may commence an action to collect the fees, costs, or expenses, which when collected shall be paid into the "highway beautification fund".

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.19] 

         Section History: Recent Form

         83 Acts, ch 186, § 10068, 10201
         Nuisances in general, chapter 657
        

306C.20 BONUS FUNDS AGREEMENTS. The department shall enter into agreements with the duly constituted federal authorities in order to secure for the state all bonus federal funds allotted and appropriations to the state and to avoid loss or reduction, under Title 23, section 131, of the United States Code, of federal aid funds apportioned or to be apportioned to the state under Title 23, section 104 of the United States Code. The department may accept funds from whatever source, including any allotment of funds by the United States, or any of its departments or agencies, appropriated to carry out the purposes of Title 23, section 131 of the United States Code. The department shall take such steps as may be necessary to obtain from the United States or any of its departments or agencies, funds allotted and appropriated for the purpose of paying the federal share of just compensation to be paid to advertising device owners and owners of the real property under the terms of this chapter and Title 23, section 131, paragraph "g" of the United States Code. All moneys received pursuant to the provisions of this chapter shall be deposited in the "highway beautification fund".

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.20]
        

306C.21 INFORMATION CENTERS AND REST AREAS. The department may establish or enter into agreements with private persons, firms, or corporations for the establishment of information centers in rest areas on the interstate, freeway primary, and primary highways, subject to the approval of the appropriate authority of the federal government. After January 1, 1997, private persons, firms, or corporations entering into an agreement with the department under this section shall not develop, establish, or own any commercial business located on land adjacent to the rest area which is subject to the agreement. An interstate rest area shall be located entirely on the interstate right-of-way, including, but not limited to, all entrance and exit ramps, all rest area buildings including information centers, and all parking facilities. Department money and resources shall not be used for any other type of interstate rest area. Whenever an interstate rest area is reconstructed, the area available for parking shall be equal to or more than the area available for parking prior to the reconstruction.

         Section History: Early Form

         [C73, 75, 77, 79, 81, § 306C.21] 

         Section History: Recent Form

         97 Acts, ch 76, §1
        

306C.22 POLITICAL SIGNS. Repealed by 2003 Acts, ch 8, § 6.

306C.23 SPECIAL EVENT SIGNS. It is lawful to place a special event sign on private property with permission of the owner or person in charge of the property at any time during the period beginning sixty days prior to the date of the special event to which the sign pertains and ending on the day of the special event. Special event signs shall be removed not later than twenty- four hours following the end of the special event. This section does not authorize placement of a special event sign at a location where it may, because of its size, location, content, coloring, or lighting, constitute a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers, by detracting from the visibility of a traffic- control device or by being confused with an authorized traffic-control device.

         Section History: Early Form

         [C81, § 306C.23] 

         Section History: Recent Form

         92 Acts, ch 1100, § 1
        

306C.24 COMPENSATION FOR SIGN REMOVAL. 1. Definition. As used in this section, "off-premises advertising device" means an advertising device which does not qualify as an "on-premises sign" under rules adopted by the department pursuant to chapter 17A. 2. Just compensation required. Political subdivisions of this state shall not remove, take, alter, or cause to be removed, taken, or altered a lawfully erected off-premises advertising device without paying just compensation in cash to the owner of the advertising device and to the owner of the real property on which the advertising device is located, as provided in section 306C.16. The department shall not remove, take, alter or cause to be removed, taken, or altered a lawfully erected off-premises advertising device subject to control under chapter 306B or this chapter without paying just compensation when required under 23 U.S.C. § 131(g) to the owner of the advertising device and to the owner of the real property on which the advertising device is located, as provided in section 306C.16. For the department, the sole intent of this section is to comply with 23 U.S.C. § 131(g) and it is not the intent of this section to, in any manner, relinquish any powers of the department relating to the control and removal of advertising devices under police power. 3. Exceptions. This section does not apply to the removal, taking, or altering of an off-premises advertising device under any of the following conditions: a. The device is unlawfully erected or is being maintained in violation of the provisions of section 306C.13, subsection 8, or section 306C.18. b. The device has been abandoned or not used for a period of at least six months. 4. Department authorization. If required by 23 U.S.C. § 131(g), the department may acquire through purchase or condemnation and shall pay just compensation as provided in section 306C.16 for off-premises advertising devices removed after July 1, 1989, through amortization by an ordinance of a political subdivision enacted prior to July 1, 1989. Notwithstanding the requirements of section 306C.14, the department may first pay just compensation from the highway beautification fund and then claim reimbursement for the federal share of the payment from the federal government. 5. Savings clause. If any provision of this section which relates to the department is inconsistent or conflicts with, or is not required by, 23 U.S.C. § 131 to avoid the loss of federal funds, the provision shall be suspended but only to the extent necessary to eliminate the inconsistency, conflict, or requirement. If any part of this section is found to be invalid or unconstitutional, such judgment shall not affect the validity of the section as a whole or any provision or part of the section not found to be invalid or unconstitutional.

         Section History: Recent Form

         89 Acts, ch 317, §25; 2006 Acts, ch 1010, §83
         Referred to in § 306C.16

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