CHAPTER 314 ADMINISTRATIVE PROVISIONS FOR HIGHWAYS
314.1 BIDDING PROCEDURES -- BASIS FOR AWARDING CONTRACTS.
314.1A DETAILED COST ACCOUNTINGS BY CITIES AND COUNTIES -- RULES.
314.1B BID THRESHOLD SUBCOMMITTEES -- ADJUSTMENTS -- NOTICE.
314.2 INTEREST IN CONTRACT PROHIBITED.
314.3 CLAIMS -- APPROVAL AND PAYMENT.
314.4 PARTIAL PAYMENTS.
314.5 EXTENSIONS IN CERTAIN CITIES.
314.6 HIGHWAYS ALONG CITY LIMITS.
314.7 TREES -- INGRESS OR EGRESS -- DRAINAGE.
314.8 GOVERNMENT MARKERS PRESERVED.
314.9 ENTERING PRIVATE PROPERTY.
314.10 STATE-LINE HIGHWAYS.
314.11 USE OF BRIDGES BY UTILITY COMPANIES.
314.12 BORROW PITS -- TOPSOIL PRESERVED.
314.12A PRESERVATION OF TOPSOIL IN HIGHWAY CONSTRUCTION.
314.13 DEFINITIONS.
314.14 CONTRACTS SET ASIDE FOR DISADVANTAGED BUSINESS ENTERPRISES.
314.15 DISADVANTAGED BUSINESS ENTERPRISES -- RULES.
314.16 INTERSTATE 80 -- ROUTE DESIGNATION.
314.17 MOWING ON INTERSTATES AND PRIMARY HIGHWAYS.
314.18 RESPONSIBILITY FOR BRIDGE INSPECTION.
314.19 RESEEDING OPEN DITCHES.
314.20 UTILITY EASEMENTS ON HIGHWAY RIGHT-OF-WAY.
314.21 LIVING ROADWAY TRUST FUND.
314.22 INTEGRATED ROADSIDE VEGETATION MANAGEMENT.
314.23 ENVIRONMENTAL PROTECTION.
314.24 NATURAL AND HISTORIC PRESERVATION.
314.25 GREEN SPACE PROVIDED.
314.26 SCHWENGEL BRIDGE.
314.27 REFRESHMENTS AT REST AREAS ON CERTAIN HOLIDAYS.
314.28 KEEP IOWA BEAUTIFUL FUND.
314.29 DICK DRAKE WAY.



        

314.1 BIDDING PROCEDURES -- BASIS FOR AWARDING CONTRACTS. 1. The agency having charge of the receipt of bids and the award of contracts for the construction, reconstruction, improvement, or repair or maintenance of a highway, bridge, or culvert may require, for any highway, bridge, or culvert contract letting, that each bidder file with the agency a statement showing the bidder's financial standing, equipment, and experience in the execution of like or similar work. The statements shall be on standard forms prepared by the department and shall be filed with the agency prior to the letting at which the bidder expects to bid. The agency may, in advance of the letting, notify the bidder as to the amount and the nature of the work for which the bidder is deemed qualified to bid. A bidder who is prequalified under this subsection by the department shall be deemed qualified for a highway, bridge, or culvert contract letting by any other agency and shall submit proof of the prequalification in a manner determined by the department if required to do so by the agency. 2. Notwithstanding any other provision of law to the contrary, a public improvement that involves the construction, reconstruction, or improvement of a highway, bridge, or culvert and that has a cost in excess of the applicable threshold in section 73A.18, 262.34, 297.7, 309.40, 310.14, or 313.10, as modified by the bid threshold subcommittee pursuant to section 314.1B, shall be advertised and let for bid, except such public improvements that involve emergency work pursuant to section 309.40A, 313.10, or 384.103, subsection 2. For a city having a population of fifty thousand or less, a public improvement that involves the construction, reconstruction, or improvement of a highway, bridge, or culvert that has a cost in excess of twenty-five thousand dollars, as modified by the bid threshold subcommittee pursuant to section 314.1B, shall be advertised and let for bid, excluding emergency work. However, a public improvement that has an estimated total cost to a city in excess of a threshold of fifty thousand dollars, as modified by the bid threshold subcommittee pursuant to section 314.1B, and that involves the construction, reconstruction, or improvement of a highway, bridge, or culvert that is under the jurisdiction of a city with a population of more than fifty thousand, shall be advertised and let for bid. Cities required to competitively bid highway, bridge, or culvert work shall do so in compliance with the contract letting procedures of sections 26.3 through 26.13. 3. In the award of contracts for the construction, reconstruction, improvement, or repair or maintenance of a highway, bridge, or culvert, the agency having charge of awarding such contracts shall give due consideration not only to the prices bid but also to the mechanical or other equipment and the financial responsibility and experience in the performance of like or similar contracts. The agency may reject any or all bids. The agency may readvertise and relet the project without conducting an additional public hearing if no substantial changes are made to the project's plans or specifications. The agency may let by private contract or build by day labor, at a cost not in excess of the lowest bid received. Upon the completion of any contract or project on either the farm-to-market or secondary road system, the county engineer shall file with the county auditor a statement showing the total cost thereof with certificate that the work has been done in accordance with the plans and specifications. Upon completion of a contract or project on the municipal street system, the city public works department or city engineer shall file with the city clerk a statement showing the total cost of the contract or project with a certificate that the work has been done in accordance with the plans and specifications. All contracts shall be in writing and shall be secured by a bond for the faithful performance thereof as provided by law.

         Section History: Early Form

         [S13, § 1527-s18; C24, § 4651, 4700; C27, 31, 35, § 4644-c41,
      4651, 4755-b11; C39, § 4644.39, 4651, 4686.15, 4755.11; C46, §
      309.57, 310.15, 313.11; C50, § 308A.10, 309.39; C54, § 309.39, 314.1;
      C58, 62, 66, 71, 73, 75, 77, 79, 81, § 314.1] 

         Section History: Recent Form

         2001 Acts, ch 32, §7, 14; 2006 Acts, ch 1017, §27, 42, 43; 2006
      Acts, ch 1185, §80
         Referred to in § 314.1B, 314.14, 331.341
        

314.1A DETAILED COST ACCOUNTINGS BY CITIES AND COUNTIES -- RULES. 1. The department shall adopt rules prescribing the manner by which cities and counties shall provide a detailed cost accounting under section 309.93 or 312.14, of all instances of the use of day labor or public or private contracts for construction, reconstruction, or improvement projects of a highway, bridge, or culvert within their jurisdiction. 2. The department shall adopt rules prescribing the manner by which governmental entities, as defined in section 26.2, shall administer section 26.14 concerning public improvement quotations. 3. The rules shall include definitions concerning types of projects and uniform requirements and definitions that cities and counties under subsection 1 and governmental entities under subsection 2 shall use in determining costs for such projects. The department shall establish horizontal and vertical infrastructure advisory committees composed of representatives of public sector agencies, private sector vertical and horizontal contractor organizations, and certified public employee collective bargaining organizations to make recommendations for such rules.

         Section History: Recent Form

         2001 Acts, ch 32, §8; 2006 Acts, ch 1017, §28, 42, 43
         Referred to in § 309.93, 312.14, 314.1B
        

314.1B BID THRESHOLD SUBCOMMITTEES -- ADJUSTMENTS -- NOTICE. 1. Horizontal infrastructure. a. The director of the department shall appoint, from the members of the appropriate advisory committee established under section 314.1A, a horizontal infrastructure bid threshold subcommittee for highway, bridge, or culvert projects. The subcommittee shall consist of seven members, three of whom shall be representatives of cities and counties, three of whom shall be representatives of private sector contractor organizations, and with the remaining member being the director or the director's designee, who shall serve as chairperson of the subcommittee. A vacancy in the membership of the subcommittee shall be filled by the director. b. The subcommittee shall review the competitive bid thresholds applicable to city and county highway, bridge, and culvert projects. The subcommittee shall review price adjustments for all types of city and county highway, bridge, and culvert construction, reconstruction, and improvement projects, based on changes in the construction price index from the preceding year. Upon completion of the review the subcommittee may make adjustments in the applicable bid thresholds for types of work based on the price adjustments. c. A bid threshold, under this subsection, shall not be adjusted to an amount that is less than the bid threshold applicable to a city or county on July 1, 2006, as provided in section 73A.18, 309.40, 310.14, or 314.1. An adjusted bid threshold shall take effect as provided in subsection 3, and shall remain in effect until a new adjusted bid threshold is established and becomes effective as provided in this section. 2. Vertical infrastructure. a. The director of the department shall appoint, from the members of the appropriate advisory committee established under section 314.1A, a vertical infrastructure bid threshold subcommittee for public improvements as defined in section 26.2. The subcommittee shall consist of seven members, three of whom shall be representatives of governmental entities as defined in section 26.2, three of whom shall be representatives of private sector vertical infrastructure contractor organizations, and with the remaining member being the director or the director's designee, who shall serve as chairperson of the subcommittee. A vacancy in the membership of the subcommittee shall be filled by the director. b. The subcommittee appointed under this subsection shall review the competitive bid thresholds applicable to governmental entities under chapter 26. The subcommittee shall review price adjustments for all types of construction, reconstruction, and public improvement projects based on the changes in the construction price index, building cost index, and material cost index from the preceding adjustment. Upon completion of the review the subcommittee may make adjustments in the applicable bid thresholds for types of work based on the price adjustments. c. The subcommittee shall not make an initial adjustment to the competitive bid threshold in section 26.3 to be effective prior to January 1, 2012. Thereafter, the subcommittee shall adjust the bid threshold amount in accordance with subsection 3 but shall not adjust the bid threshold to an amount less than the bid threshold applicable to a governmental entity on January 1, 2007. d. Beginning July 1, 2006, the subcommittee shall make adjustments to the competitive quotation threshold amounts in section 26.14 for vertical infrastructure in accordance with the methodology of paragraph "b". e. After 2012, the subcommittee shall adjust the competitive quotation threshold amounts in section 26.14 at the same time and by the same percentage as adjustments are made to the competitive bid threshold. 3. Review -- publication. Each subcommittee shall meet to conduct the review and make the adjustments described in this section on or before August 1 of every other year, or of every year if determined necessary by the subcommittee. By September 1 of each year in which a subcommittee makes adjustments in the bid or quotation thresholds, the director shall cause an advisory notice to be published in the Iowa administrative bulletin and in a newspaper of general circulation in this state, stating the adjusted bid and quotation thresholds to be in effect on January 1 of the following year, as established by the subcommittees under this section.

         Section History: Recent Form

         2001 Acts, ch 32, §9, 14; 2006 Acts, ch 1017, §29, 42, 43; 2007
      Acts, ch 144, §11, 12
         Referred to in § 8A.311, 26.3, 26.5, 26.12, 26.14, 26.15, 28J.9,
      35A.10, 73A.2, 73A.18, 161C.2, 218.58, 273.14, 297.8, 314.1, 330A.12,
      331.341, 357.14, 904.314, 904.315
        

314.2 INTEREST IN CONTRACT PROHIBITED. No state or county official or employee, elective or appointive, shall be directly or indirectly interested in any contract for the construction, reconstruction, improvement, or maintenance of any highway, bridge, or culvert, or the furnishing of materials therefor. The letting of a contract in violation of this section shall invalidate the contract and such violation shall be a complete defense to any action to recover any consideration due or earned under the contract at the time of its termination.

         Section History: Early Form

         [S13, § 1527-s15; C24, § 4685, 4700; C27, 31, 35, § 4685,
      4755-b10; C39, § 4685, 4686.14, 4755.10; C46, § 309.92, 310.14,
      313.10; C50, § 308A.11; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      314.2] 

         Section History: Recent Form

         2009 Acts, ch 133, §115
         Referred to in § 331.341, 331.342
        

314.3 CLAIMS -- APPROVAL AND PAYMENT. All claims for construction, reconstruction, improvement, repair, or maintenance on any highway shall be itemized on voucher forms prepared for that purpose, certified to by the claimants and by the engineer in charge, and then forwarded to the agency in control of that highway for final audit and approval. Claims payable from the farm-to-market road fund shall be approved by both the board of supervisors and the department. Upon approval by the department of vouchers which are payable from the farm-to-market road fund, or from the primary road fund, as the case may be, such vouchers shall be forwarded to the director of the department of administrative services, who shall draw warrants therefor and said warrants shall be paid by the treasurer of the state from the farm-to-market road fund or from the primary road fund, as the case may be. If the engineer makes such certificate or a member of the agency approves such claim when said work has not been done in accordance with the plans and specifications, and said work be not promptly made good without additional cost, the engineer or member shall be liable on the person's bond for the amount of such claim.

         Section History: Early Form

         [SS15, § 1527-s10; C24, § 4653, 4702; C27, 31, 35, § 4653,
      4755-b15; C39, § 4653, 4686.17, 4755.15; C46, § 309.59, 310.17,
      313.15; C50, § 308A.12; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      314.3] 

         Section History: Recent Form

         2003 Acts, ch 145, §286
        

314.4 PARTIAL PAYMENTS. Partial payments may be made on highway contract work during the progress thereof, but no such partial payment shall be deemed final acceptance of the work nor a waiver of any defect therein. The approval of any claim by the agency in control of the work, or highway on which the work is located, may be evidenced by the signature of the chairperson of said agency, or of a majority of the members of said agency, on the individual claims or on the abstract of a number of claims with the individual claims attached to said abstract.

         Section History: Early Form

         [SS15, § 1527-s10; C24, § 4654, 4702; C27, 31, 35, § 4654,
      4755-b16; C39, § 4654, 4755.16; C46, § 309.60, 313.16; C50, §
      308A.13; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 314.4]
        

314.5 EXTENSIONS IN CERTAIN CITIES. The agency in control of a secondary road, subject to approval of the council, may eliminate danger at railroad crossings and construct, reconstruct, improve, repair, and maintain any road or street which is an extension of the secondary road within a city. However, this authority does not apply to the extensions of secondary roads located in cities over twenty-five hundred population, where the houses or business houses average less than two hundred feet apart. The phrase "subject to the approval of the council" as it appears in this section, shall be construed as authorizing the council to consider said proposed improvement only in its relationship to municipal improvements such as sewers, water lines, establishing grades, change of established street grades, sidewalks and other public improvements. The locations of such road extensions shall be determined by the agency in control of such road or road system.

         Section History: Early Form

         [C31, 35, § 4644-c47; C39, § 4644.45, 4686.21; C46, § 309.45,
      310.21; C50, § 308A.14; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      314.5] 

         Section History: Recent Form

         89 Acts, ch 134, §8
        

314.6 HIGHWAYS ALONG CITY LIMITS. Whenever any public highway located along the corporate line of any city is an extension of a farm-to-market road, or of a primary road, it may be included in the farm-to-market road system or the primary road system, as the case may be, and may be constructed, reconstructed, improved, repaired, and maintained as a part of said road system.

         Section History: Early Form

         [C24, § 4735; C27, 31, 35, § 4755-b28; C39, § 4686.25,
      4755.26; C46, § 310.25, 313.35; C50, § 308A.15; C54, 58, 62, 66,
      71, 73, 75, 77, 79, 81, § 314.6]
        

314.7 TREES -- INGRESS OR EGRESS -- DRAINAGE. Officers, employees, and contractors in charge of improvement or maintenance work on any highway shall not cut down or injure any tree growing by the wayside which does not materially obstruct the highway, or tile drains, or interfere with the improvement or maintenance of the road, and which stands in front of any city lot, farmyard orchard or feed lot, or any ground reserved for any public use. Nor shall they destroy or injure reasonable ingress or egress to any property, or turn the natural drainage of the surface water to the injury of adjoining owners. It shall be their duty to use strict diligence in draining the surface water from the public road in its natural channel. To this end they may enter upon the adjoining lands for the purpose of removing from such natural channel obstructions that impede the flow of such water.

         Section History: Early Form

         [C24, 27, § 4791; C31, 35, § 4644-c46; C39, § 4644.44; C46, §
      309.44; C50, § 308A.16; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §
      314.7]
        

314.8 GOVERNMENT MARKERS PRESERVED. 1. If it is necessary in grading a highway to make a cut that will disturb, or fill that will cover up, a government or other established corner or land monument, the engineer in charge of the project shall establish permanent witness corners or monuments, and make a record of the same, that show the distance and direction the witness corner is from the corner disturbed or covered up. When the construction work is completed the engineer shall permanently reestablish the corner or monument. 2. If the duties in subsection 1 are not performed, the agency in control of the highway on which a project described in subsection 1 has been or is being completed shall pay the costs of restoring the original position of the established corner or land monument.

         Section History: Early Form

         [S13, § 1527-s7; C24, 27, 31, 35, 39, § 4656; C46, § 309.62;
      C50, § 308A.17; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 314.8] 

         Section History: Recent Form

         2002 Acts, ch 1063, §14
         Referred to in §542B.2
        

314.9 ENTERING PRIVATE PROPERTY. The agency in control of a highway may after thirty days' written notice by restricted certified mail addressed to the owner and also to the occupant, enter upon private property for the purpose of making surveys, soundings, drillings, appraisals, and examinations as the agency deems appropriate or necessary to determine the advisability or practicability of locating and constructing a highway on the property or for the purpose of determining whether gravel or other material exists on the property of suitable quality and in sufficient quantity to warrant the purchase or condemnation of the property. The entry shall not be deemed a trespass, and the agency may be aided by injunction to insure peaceful entry. The agency shall pay actual damages caused by the entry, surveys, soundings, drillings, appraisals, or examinations. Any damage caused by the entry, surveys, soundings, drillings, appraisals, or examinations shall be determined by agreement or in the manner provided for the award of damages in condemnation of the property for highway purposes. Soundings or drillings shall not be done within one hundred fifty feet of the dwelling house or within fifty feet of other buildings without written consent of the owner.

         Section History: Early Form

         [C27, 31, 35, § 4658-a1; C39, § 4658.1; C46, § 309.65; C50, §
      308A.18; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 314.9] 

         Section History: Recent Form

         96 Acts, ch 1126, §3
        

314.10 STATE-LINE HIGHWAYS. The agency in control of any highway or bridge bordering on or crossing a state line is authorized to confer and agree with the agency or official of such border state, or subdivision of such state, having control of such highway or bridge relative to the interstate connection, the plans for the improvement, and maintenance, the division of work and the apportionment of cost of such highway or bridge.

         Section History: Early Form

         [S13, § 1570-a; SS15, § 1527-s3; C24, 27, 31, 35, 39, § 4663;
      C46, § 309.72; C50, § 308A.19; C54, 58, 62, 66, 71, 73, 75, 77, 79,
      81, § 314.10]
        

314.11 USE OF BRIDGES BY UTILITY COMPANIES. Telephone, telegraph, electric transmission and pipe lines may be permitted to use any highway bridge on or across a state line on such terms and conditions as the agency or officials jointly constructing, maintaining or operating such bridge may jointly determine. No discrimination shall be made in the use of such bridge as between such utilities. Joint use of telephone, telegraph, electric transmission or pipe lines may not be required. No grant to any public utility to use such bridge shall in any way interfere with the use of such bridge by the public for highway purposes.

         Section History: Early Form

         [S13, § 424-e; C24, 27, 31, 35, 39, § 4683; C46, § 309.90;
      C50, § 308A.20; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 314.11]
        

314.12 BORROW PITS -- TOPSOIL PRESERVED. In the award of contracts for the construction, reconstruction, improvement, repair or maintenance of any highway, the agency having charge of awarding such contracts shall require that when fill dirt, soil or other materials are to be removed from borrow pits acquired by title or easement, whether by agreement or condemnation, for use in the project, adequate provision shall be made for the restoration of the borrow pit area, either by removal and replacement of a minimum of eight inches of topsoil, or by fertilizing, mulching, reseeding or other appropriate measures to provide vegetative cover or prevent erosion, except where a lake or subwater table conditions are designed, or where the area is zoned for commercial, industrial, or residential use, or where the borrow is in locations of white oak, sand, loess or undrainable clays. When the borrow pit is acquired by easement, the restoration method shall be determined by agreement with the landowner.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 314.12]
         Referred to in § 314.12A
        

314.12A PRESERVATION OF TOPSOIL IN HIGHWAY CONSTRUCTION. In the award of contracts for the construction, reconstruction, improvement, and repair, except for minor maintenance, of a highway, the state department of transportation shall require that when fill dirt, soil, or other materials are to be removed from an area acquired by title or easement, whether by agreement or condemnation, for use in the project, adequate provision shall be made for the salvage of topsoil from the area for use in the restoration of the specified critical areas of the project by replacement of salvaged topsoil, by fertilizing and mulching if necessary, or by other appropriate measures to provide vegetative cover to prevent erosion, including filling or covering the area with compost, except where a lake or subwater table conditions exist, where deep loess is present, or where outside ditch bottoms and backslopes are present in rock cut areas. This section shall not apply to borrow pits covered by section 314.12.

         Section History: Recent Form

         2002 Acts, ch 1103, §1
        

314.13 DEFINITIONS. As used in this chapter, unless the context otherwise requires: 1. "Agency" means any governmental body which exercises jurisdiction over any road as provided by law. 2. "Committee" means the integrated roadside vegetation management technical advisory committee created in section 314.22. 3. "Coordinator" means the integrated roadside vegetation management coordinator. 4. "Department" means the state department of transportation. 5. "Highway" or "street" means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.

         Section History: Early Form

         [C75, 77, 79, 81, § 314.13] 

         Section History: Recent Form

         89 Acts, ch 246, §3; 2001 Acts, ch 32, §10
        

314.14 CONTRACTS SET ASIDE FOR DISADVANTAGED BUSINESS ENTERPRISES. 1. Definitions. As used in this section: a. "Disadvantaged business enterprise" means a small business concern which meets either of the following: (1) Is at least fifty-one percent owned by one or more socially and economically disadvantaged individuals. (2) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. b. "Small business concern" means a business which is independently owned and operated and which is not dominant in its field of operation. c. "Socially and economically disadvantaged individuals" means those individuals who are citizens of the United States or who are lawfully admitted permanent residents and who are African Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans, or any other minority or individuals found to be disadvantaged by the United States small business administration. However, the department may also determine, on a case-by-case basis, that an individual who is not a member of one of the enumerated groups is socially and economically disadvantaged. A rebuttable presumption exists that individuals in the following groups are socially and economically disadvantaged: (1) "African Americans" which includes persons having origins in any of the black racial groups of Africa. (2) "Hispanic Americans" which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race. (3) "Native Americans" which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians. (4) "Asian-Pacific Americans" which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the United States Trust Territories of the Pacific, and the Northern Marianas. (5) "Asian-Indian Americans" which includes persons whose origins are from India, Pakistan, and Bangladesh. d. "Prequalified" means that the disadvantaged business enterprise is currently approved by the department as a disadvantaged business enterprise, is a recognized contractor engaged in the class of work provided for in the plans and specifications, possesses sufficient resources to complete the work, and is able to furnish a performance bond for one hundred percent of the contract. 2. Set-aside. Notwithstanding section 314.1, there may be set aside for bidding by prequalified disadvantaged business enterprises a percentage of the total annual dollar amount of public contracts let by the department. The annual dollar amount set aside for bidding by prequalified disadvantaged business enterprises shall not exceed ten percent of the total dollar amount of federal aid highway construction contracts let by the department and federal aid transit dollars administered by the department. The director may estimate the set-aside amount at the beginning of each fiscal year and a suit shall not be brought by any party as a result of this estimate. Set-aside contracts will be awarded to the lowest responsible prequalified disadvantaged business enterprise. This section shall not be construed as limiting the department's right to refuse any or all disadvantaged business enterprise bids.

         Section History: Recent Form

         84 Acts, ch 1229, § 1; 2009 Acts, ch 41, §111, 112
         This section is repealed at such time as section 105(f) of the
      Surface Transportation Assistance Act of 1982, Pub. L. No. 97-424, 96
      Stat. 2100, expires pursuant to its own terms or by an act of
      Congress; 84 Acts, ch 1229, § 2 

         Footnotes

         Disadvantaged business enterprise funding reauthorized in Tit. 1,
      section 1101(b) of the 2005 SAFETEA-LU transportation reauthorization
      Act, approved August 10, 2005, Pub. L. No. 109-59, 119 Stat. 1156;
      see also 49 C.F.R. § 26.43
        

314.15 DISADVANTAGED BUSINESS ENTERPRISES -- RULES. The department of transportation shall promulgate rules establishing affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises in all federal aid projects made available by and through the department.

         Section History: Recent Form

         90 Acts, ch 1161, §4
        

314.16 INTERSTATE 80 -- ROUTE DESIGNATION. The interstate which runs from Council Bluffs on the western border through Des Moines to Davenport on the eastern border shall be known as interstate 80. The state transportation commission shall be prohibited from changing the route of interstate 80 as designated on January 1, 1992.

         Section History: Recent Form

         92 Acts, ch 1010, § 1
        

314.17 MOWING ON INTERSTATES AND PRIMARY HIGHWAYS. On or after January 1, 2003, the department shall not mow roadside vegetation on the rights-of-way or medians on any primary or interstate highway. Mowing shall be permitted as follows: 1. On rights-of-way which include drainage ditch areas. 2. On rights-of-way within three miles of the corporate limits of a city. 3. To promote native species of vegetation or other long- lived and adaptable vegetation. 4. For establishing control of damaging insect populations, noxious weeds, and invader plant species. 5. For visibility and safety reasons.

         Section History: Recent Form

         98 Acts, ch 1212, §7
        

314.18 RESPONSIBILITY FOR BRIDGE INSPECTION. The department, counties, cities, and other public entities shall be responsible for the safety inspection and evaluation of all highway bridges under their jurisdiction which are located on public roads, in accordance with the national bridge inspection standards. These responsibilities include inspection policies and procedures, inspections, reports, load ratings, quality control and quality assurance, maintaining a bridge inventory, and other requirements of the national bridge inspection standards.

         Section History: Recent Form

         2006 Acts, ch 1068, §4
        

314.19 RESEEDING OPEN DITCHES. The department shall have the topsoil of each open ditch along the side of a highway reseeded with prairie grass seed and the seed of other adapted grass and legumes including native grass species after the construction, reconstruction, improvement, repair, or maintenance of a highway whenever feasible.

         Section History: Recent Form

         84 Acts, ch 1114, § 1
        

314.20 UTILITY EASEMENTS ON HIGHWAY RIGHT-OF-WAY. The department shall develop an accommodation plan for the longitudinal utility use of freeway right-of-way, in consultation with the utilities board. The plan shall be consistent with the rules of the federal highway administration of the United States department of transportation and shall be submitted to the federal highway administration for its approval by January 1, 1989. In developing the plan, the department shall provide for extended payment and lease agreements to provide continuous funding for the living roadway trust fund. The plan shall provide for charges for the use of the right-of-way and all moneys collected shall be credited to the living roadway trust fund established under section 314.21.

         Section History: Recent Form

         88 Acts, ch 1019, §9; 89 Acts, ch 246, §4
         Use of moneys in fund for other projects; § 314.21
        

314.21 LIVING ROADWAY TRUST FUND. 1. a. The living roadway trust fund is created in the office of the treasurer of state. The moneys in this fund shall be used exclusively for the development and implementation of integrated roadside vegetation plans. Except as provided in subsections 2 and 3, the moneys shall only be expended for areas on or adjacent to road, street, and highway right-of-ways. The state department of transportation in consultation with the department of natural resources shall establish standards relating to the type of projects available for assistance. For the fiscal period beginning July 1, 1988, and ending March 31, 1990, the moneys in the fund shall be expended as follows: fifty-six percent on state department of transportation projects; thirty percent on county projects; and fourteen percent on city projects. b. A city or county which has a project which qualifies for the use of these funds shall submit a request for the funds to the state department of transportation. A city or county may, at its option, apply moneys allocated for use on city or county projects under this subsection toward qualifying projects on the primary system. The state department of transportation in consultation with the department of natural resources shall determine which projects qualify for the funds and which projects shall be funded if the requests for the funds exceed the availability of the funds. In ranking applications for funds, the department shall consider the proportion of political subdivision matching funds to be provided, if any, and the proportion of private contributions to be provided, if any. In considering the proportion of political subdivision matching funds provided, the department shall consider only those moneys which are in addition to those which the political subdivision has historically provided toward such projects. Funds allocated to the cities, the counties, and the department which are not programmed by the end of each fiscal year shall be available for redistribution to any eligible applicant regardless of the original allocation of funds. Such funds shall be awarded for eligible projects based upon their merit in meeting the program objectives established by the department under section 314.22. The department shall submit a report of all projects funded in the previous fiscal year to the governor and to the general assembly on January 15 of each year. c. Beginning April 1, 1990, the moneys in the living roadway trust fund shall be allocated between the state, counties, and cities in the same proportion that the road use tax funds are allocated under section 312.2, subsection 1, paragraphs "a", "b", "c", and "d". However, after April 1, 1990, a city or county shall not be eligible to receive moneys from the living roadway trust fund unless the city or county has an integrated roadside vegetation management plan in place consistent with the objectives in section 314.22. 2. a. The department may authorize projects which provide grants or loans to local governments and organizations which are developing community entryway enhancement and other planting demonstration projects. Planning, public education, installation, and initial maintenance planning and development may be determined by the department to be eligible activities for funding under this paragraph. Projects approved under this paragraph require a local match or contribution toward the overall project cost. b. The department may authorize projects which provide grants or loans to local governments for the purchase of specialized equipment and special staff training for the establishment of alternative forms of roadside vegetation. Projects approved under this paragraph require a local match or contribution toward the overall project cost. c. The department, in order to create greater visual effect, shall investigate alternatives for concentrating plantings at strategic locations to gain a greater visual impact and appeal as well as stronger scenic value. Equal attention shall be given to providing safe and effective habitats for wildlife which can coexist with highways. d. The department may authorize projects which provide grants or loans to local jurisdictions for increased protection through the use of easements, fee title acquisition, covenants, zoning ordinances, or other provisions for protection of vegetation and desirable environment adjacent to the right-of-way. Off-right-of-way projects shall emphasize vegetation protection or enhancement, scenic and wildlife values, erosion control and enhancement of vegetation management projects within the right-of-ways. 3. a. Moneys allocated to the state under subsection 1 shall be expended as follows: (1) Fifty thousand dollars annually to the department for the services of the integrated roadside vegetation management coordinator and support. (2) One hundred thousand dollars annually for education programs, research and demonstration projects, and vegetation inventories and strategies, under section 314.22, subsections 5, 6, and 8. (3) All remaining moneys for the gateways program under section 314.22, subsection 7. b. Moneys allocated to the counties under subsection 1 shall be expended as follows: (1) For the fiscal year beginning July 1, 1995, and ending June 30, 1996, and each subsequent fiscal year, seventy-five thousand dollars to the university of northern Iowa to maintain the position of the state roadside specialist and to continue its integrated roadside vegetation management program providing research, education, training, and technical assistance. (2) All remaining money for grants or loans under subsection 2, paragraph "a". c. Moneys allocated to the cities shall be expended for grants or loans under subsection 2, paragraph "a".

         Sion History: Recent Form

         88 Acts, ch 1019, §5; 89 Acts, ch 246, §5; 89 Acts, ch 317, § 28;
      91 Acts, ch 268, §516; 93 Acts, ch 169, § 16; 95 Acts, ch 220, § 26;
      2009 Acts, ch 133, §238
         Referred to in § 312.2, 314.20, 314.22, 455A.19
        

314.22 INTEGRATED ROADSIDE VEGETATION MANAGEMENT. 1. Objectives. It is declared to be in the general public welfare of Iowa and a highway purpose for the vegetation of Iowa's roadsides to be preserved, planted, and maintained to be safe, visually interesting, ecologically integrated, and useful for many purposes. The state department of transportation shall provide an integrated roadside vegetation management plan and program which shall be designed to accomplish all of the following: a. Maintain a safe travel environment. b. Serve a variety of public purposes including erosion control, wildlife habitat, climate control, scenic qualities, weed control, utility easements, recreation uses, and sustenance of water quality. c. Be based on a systematic assessment of conditions existing in roadsides, preservation of valuable vegetation and habitats in the area, and the adoption of a comprehensive plan and strategies for cost-effective maintenance and vegetation planting. d. Emphasize the establishment of adaptable and long-lived vegetation, often native species, matched to the unique environment found in and adjacent to the roadside. e. Incorporate integrated management practices for the long-term control of damaging insect populations, weeds, and invader plant species. f. Build upon a public education program allowing input from adjacent landowners and the general public. g. Accelerate efforts toward increasing and expanding the effectiveness of plantings to reduce wind-induced and water- induced soil erosion and to increase deposition of snow in desired locations. h. Incorporate integrated roadside vegetation management with other state agency planning and program activities including the recreation trails program, scenic highways, open space, and tourism development efforts. Agencies should annually report their progress in this area to the general assembly. 2. Counties may adopt plans. A county may adopt an integrated roadside vegetation management plan consistent with the integrated roadside vegetation management plan adopted by the department under subsection 1. 3. Integrated roadside vegetation management technical advisory committee. a. The director of the department shall appoint members to an integrated roadside vegetation management technical advisory committee which is created to provide advice on the development and implementation of a statewide integrated roadside vegetation management plan and program and related projects. The department shall report annually in January to the general assembly regarding its activities and those of the committee. Activities of the committee may include, but are not limited to, providing advice and assistance in the following areas: (1) Research efforts. (2) Demonstration projects. (3) Education and orientation efforts for property owners, public officials, and the general public. (4) Activities of the integrated roadside vegetation management coordinator for integrated roadside vegetation management. (5) Reviewing applications for funding assistance. (6) Securing funding for research and demonstrations. (7) Determining needs for revising the state weed law and other applicable Code sections. (8) Liaison with the Iowa state association of counties, the Iowa league of cities, and other organizations for integrated roadside vegetation management purposes. b. The director may appoint any number of persons to the committee but, at a minimum, the committee shall consist of all of the following: (1) One member representing the utility industry. (2) One member from the Iowa academy of sciences. (3) One member representing county government. (4) One member representing city government. (5) Two members representing the private sector including community interest groups. (6) One member representing soil conservation interests. (7) One member representing the department of natural resources. (8) One member representing county conservation boards. Members of the committee shall serve without compensation, but may be reimbursed for allowable expenses from the living roadway trust fund created under section 314.21. No more than a simple majority of the members of the committee shall be of the same gender as provided in section 69.16A. The director of the department shall appoint the chair of the committee and shall establish a minimum schedule of meetings for the committee. 4. Integrated roadside vegetation management coordinator. The integrated roadside vegetation management coordinator shall administer the department's integrated roadside vegetation management plan and program. The department may create the position of integrated roadside vegetation management coordinator within the department or may contract for the services of the coordinator. The duties of the coordinator include, but are not limited to, the following: a. Conducting education and awareness programs. b. Providing technical advice to the department and the department of natural resources, counties, and cities. c. Conducting demonstration projects. d. Coordinating inventory and implementation activities. e. Providing assistance to local community-based groups for undertaking community entryway projects. f. Being a clearinghouse for information from Iowa projects as well as from other states. g. Periodically distributing information related to integrated roadside vegetation management. h. General coordination of research efforts. i. Other duties assigned by the director of transportation. 5. Education programs. The department shall develop educational programs and provide educational materials for the general public, landowners, governmental employees, and board members as part of its program for integrated roadside vegetation management. The educational program shall provide all of the following: a. The development of public service announcements and television programs about the importance of roadside vegetation in Iowa. b. The expansion of existing training sessions and educational curriculum materials for county weed commissioners, government contract sprayers, maintenance staff, and others to include coverage of integrated roadside management topics such as basic plant species identification, vegetation preservation, vegetation inventory techniques, vegetation management and planning procedures, planting techniques, maintenance, communication, and public relations. County and municipal engineers, public works staffs, planning and zoning representatives, parks and habitat managers, and others should be encouraged to participate. c. The conducting of statewide and regional conferences and seminars about integrated roadside vegetation management, community entryways, scenic values of land adjoining roadsides, and other topics relating to roadside vegetation. d. The preparation, display, and distribution of a variety of public relations material, in order to better inform and educate the traveling public on roadside vegetation management activities. The public relations material shall inform motorists of a variety of roadside vegetation issues including all of the following: (1) Benefits of various types of roadside vegetation. (2) Long-term results expected from planting and maintenance practices. (3) Purposes for short-term disturbances in the roadside landscapes. (4) Interesting aspects of the Iowa landscape and individual landscape regions. (5) Other aspects relating to wildlife and soil erosion. e. Preparation and distribution of educational material designed to inform adjoining property owners, farm operators, and others of the importance of roadside vegetation and their responsibilities of proper stewardship of that vegetation resource. 6. Research and demonstration projects. The department, as part of its plan to provide integrated roadside vegetation management, shall conduct research and feasibility studies including demonstration projects of different kinds at a variety of locations around the state. The research and feasibility studies may be conducted in, but are not limited to, any of the following areas: a. Cost effectiveness or comparison of planting, establishing and maintaining alternative or warm-season, native grass and forb roadside vegetation and traditional cool-season nonnative vegetation. b. Identification of the relationship that roadsides and roadside vegetation have to maintaining water quality, through drainage wells, sediment and pollutant collection and filtration, and other means. c. Impacts of burning as an alternative vegetation management tool on all categories of roads. d. Techniques for more quickly establishing erosion control and permanent vegetative cover on recently disturbed ground as well as interplanting native species in existing vegetative cover. e. Effectiveness of techniques for reduced or selected use of herbicides to control weeds. f. Identification of cross section and slope steepness design standards which provide for motorist safety as well as for improved establishment, maintenance, and replacement of different types of vegetation. g. Identification of a uniform inventory and assessment technique which could be used by many counties in establishing integrated roadside management programs. h. Equipment innovations for seeding and harvesting grasses in difficult terrain settings, roadway ditches, and fore-slopes and back-slopes. i. Identification of the perceptions of motorists and landowners to various types of roadside vegetation and configuration of plantings. j. Market or economic feasibility studies for native seed, forb, and woody plant production and propagation. k. Impacts of vegetation modifications on increasing or decreasing wildlife populations in rural and urban areas. l. Effects of vegetation on the number and location of wildlife road-kills in rural and urban areas. m. Costs to the public for improper off-site resource management adjacent to roadsides. n. Advantages, disadvantages, and techniques of establishing pedestrian access adjacent to highways and their impacts on vegetation management. o. Identification of alternative techniques for snow catchment on farmland adjacent to roadsides. 7. Gateways program. The department shall develop a gateways program to provide meaningful visual impacts including major new plantings at the important highway entry points to the state and its communities. Substantial and distinctive plantings shall also be designed and installed at these points. Creative and artistic design solutions shall be sought for these improvements. Communications about these projects shall be provided to local groups in order to build community involvement, support, and understanding of their importance. Consideration shall be given to a requirement that gateways projects produce a local match or contribution toward the overall project cost. 8. Vegetation inventories and strategies. a. The department shall coordinate and compile integrated roadside vegetation inventories, classification systems, plans, and implementation strategies for roadsides. Areas of increased program and project emphasis may include, but are not limited to, all of the following: (1) Additional development and funding of state gateways projects. (2) Accelerated replacement of dead and unhealthy plants with native and hardy trees and shrubs. (3) Special interest plantings at selected highly visible locations along primary and interstate highways. (4) Pilot and demonstration projects. (5) Additional snow and erosion control plantings. (6) Welcome center and rest area plantings with native and aesthetically interesting species to create mini-arboretums around the state. b. The department shall coordinate and compile a reconnaissance of lands to develop an inventory of sites having the potential of being harvested for native grass, forb, and woody plant material seed and growing stock. Highway right-of-ways, parks and recreation areas, converted railroad right-of-ways, state board of regents' property, lands owned by counties, and other types of public property shall be surveyed and documented for seed source potential. Sites volunteered by private organizations may also be included in the inventory. Inventory information shall be made available to state agencies' staffs, county engineers, county conservation board directors, and others.

         Section History: Recent Form

         89 Acts, ch 246, §6; 95 Acts, ch 3, §2
         Referred to in § 314.13, 314.21, 317.11
        

314.23 ENVIRONMENTAL PROTECTION. It is declared to be in the general public welfare of Iowa and a highway purpose that highway maintenance, construction, reconstruction, and repair shall protect and preserve, by not causing unnecessary destruction, the natural or historic heritage of the state. In order to provide for the protection and preservation, the following shall be accomplished in the design, construction, reconstruction, relocation, repair, or maintenance of roads, streets, and highways: 1. Woodlands. Woodland removed shall be replaced by plantings as close as possible to the initial site, or by acquisition of an equal amount of woodland in the general vicinity for public ownership and preservation, or by other mitigation deemed to be comparable to the woodland removed, including, but not limited to, the improvement, development, or preservation of woodland under public ownership. 2. Wetlands. Wetland removed shall be replaced by acquisition of wetland, in the same general vicinity if possible, for public ownership and preservation, or by other mitigation deemed to be comparable to the wetland removed, including, but not limited to, the improvement, development, or preservation of wetland under public ownership. 3. Public parks. Highways, streets, and roads constructed on or through publicly owned lands comprising parks, preserves, or recreation areas, shall be located and designed, in consultation with the public entity owning the land, so as to blend aesthetically with the areas and to minimize noise. When land is taken from the areas for highway construction and if, in consultation with the public entity owning the land, mitigation is deemed necessary, the land shall be replaced by an equal or greater amount for public use, or by other mitigation, undertaken in consultation with the public entity owning the land, and deemed to be appropriate to the amount of land taken, including, but not limited to, the improvement, development, or preservation of the areas. 4. Prime agricultural lands. Topsoil removed may be utilized for landscaping and other necessary construction. Excess topsoil shall be made available to the former landowner or other landowners whose land was purchased for the construction or others, and if not acquired by one of these parties, it may be disposed.

         Section History: Recent Form

         89 Acts, ch 311, §26
        

314.24 NATURAL AND HISTORIC PRESERVATION. Cities, counties, and the department shall to the extent practicable preserve and protect the natural and historic heritage of the state in the design, construction, reconstruction, relocation, repair, or maintenance of roads, streets, or highways. Destruction or damage to natural areas, including but not limited to prime agricultural land, parks, preserves, woodlands, wetlands, recreation areas, greenbelts, historical sites, or archaeological sites shall be avoided, if reasonable alternatives are available for the location of roads, streets, or highways at no significantly greater cost. In implementing this section, cities, counties, and the department shall make a diligent effort to identify and examine the comparative cost of utilizing alternative locations for roads, streets, or highways.

         Section History: Recent Form

         89 Acts, ch 317, §30
        

314.25 GREEN SPACE PROVIDED. The department shall use the property owned by it in the city of Council Bluffs which is bounded by Broadway, Seventh street, Kanesville boulevard, and Sixth street, exclusively for green space, and, if sold by the department, the department shall sell the property with the restricted covenant that the property shall be used exclusively for green space or else revert to the department.

         Section History: Recent Form

         89 Acts, ch 317, §29
        

314.26 SCHWENGEL BRIDGE. The interstate 80 bridge crossing the Mississippi river between the states of Iowa and Illinois shall be known as the "Schwengel Bridge" in honor of Fred Schwengel, who served for five terms as a member of the general assembly of the state of Iowa and was elected to the Congress of the United States in 1954, 1956, 1958, 1960, 1962, 1966, 1968, and 1970.

         Section History: Recent Form

         93 Acts, ch 133, §1
        

314.27 REFRESHMENTS AT REST AREAS ON CERTAIN HOLIDAYS. 1. As used in this section, unless the context otherwise requires: a. "Free refreshments" means water, coffee, cookies, any nonintoxicating, noncarbonated beverage which is not already bottled or canned, doughnuts, or baked dessert goods dispensed by a nonprofit organization, provided that the refreshments are furnished to motorists by a nonprofit organization without charge. b. "Holiday periods" means the Memorial Day and Labor Day weekends, commencing at noon on the preceding Friday and ending at midnight between the Monday and Tuesday of the holiday weekend, and the period surrounding Independence Day, commencing at noon on July 1 and ending at midnight between July 6 and July 7. 2. Nonprofit organizations shall be allowed to provide free refreshments to motorists and to accept, without active solicitation, voluntary donations from motorists during holiday periods at rest areas, as defined in section 306C.10, subject to approval by the department. The department shall approve or disapprove applications by nonprofit organizations, and notify those nonprofit organizations, at least sixty days prior to the holiday period. 3. The department shall adopt rules governing the provision of refreshments at rest areas in accordance with this section.

         Section History: Recent Form

         95 Acts, ch 18, §1
        

314.28 KEEP IOWA BEAUTIFUL FUND. A keep Iowa beautiful fund is created in the office of the treasurer of state. The fund is composed of moneys appropriated or available to and obtained or accepted by the treasurer of state for deposit in the fund. The fund shall include moneys transferred to the fund as provided in section 422.12A.{ The fund shall also include moneys transferred to the fund as provided in section 422.12G. All interest earned on moneys in the fund shall be credited to and remain in the fund. Section 8.33 does not apply to moneys in the fund. Moneys in the fund that are authorized by the department for expenditure are appropriated, and shall be used, to educate and encourage Iowans to take greater responsibility for improving their community environment and enhancing the beauty of the state through litter prevention, improving waste management and recycling efforts, and beautification projects. The department may authorize payment of moneys from the fund upon approval of an application from a private or public organization. The applicant shall submit a plan for litter prevention, improving waste management and recycling efforts, or a beautification project along with its application. The department shall establish standards relating to the type of projects available for assistance.

         Section History: Recent Form

         2001 Acts, ch 160, §1; 2004 Acts, ch 1175, §435; 2004 Acts, ch
      1177, §3; 2006 Acts, ch 1182, §60 

         Footnotes

         {Section 422.12A repealed pursuant to its own terms and terms of §
      422.12E; corrective legislation is pending
        

314.29 DICK DRAKE WAY. The highway currently known as the industrial connector in Muscatine shall be renamed "Dick Drake Way" in honor of Richard Drake, who served for thirty-six years as a member of the general assembly of the state of Iowa.

         Section History: Recent Form

         2008 Acts, ch 1124, §3

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