2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 306A - CONTROLLED=ACCESS HIGHWAYS
306A.3 - AUTHORITY TO ESTABLISH CONTROLLED-ACCESS FACILITIES -- UTILITY ACCOMMODATION POLICY.

        306A.3  AUTHORITY TO ESTABLISH CONTROLLED-ACCESS
      FACILITIES -- UTILITY ACCOMMODATION POLICY.
         Cities and highway authorities having jurisdiction and control
      over the highways of the state, as provided by chapter 306, acting
      alone or in cooperation with each other or with any federal, state,
      or local agency or any other state having authority to participate in
      the construction and maintenance of highways, are authorized to plan,
      designate, establish, regulate, vacate, alter, improve, maintain, and
      provide controlled-access facilities for public use if traffic
      conditions, present or future, will justify special facilities;
      provided, that within a city such authority shall be subject to
      municipal consent as may be provided by law.  In addition to the
      specific powers granted in this chapter, cities and highway
      authorities shall have any additional authority vested in them
      relative to highways or streets within their respective
      jurisdictions.  Cities and highway authorities may regulate,
      restrict, or prohibit the use of controlled-access facilities by
      various classes of vehicles or traffic in a manner consistent with
      section 306A.2.
         The state department of transportation shall adopt rules, pursuant
      to chapter 17A, embodying a utility accommodation policy which
      imposes reasonable restrictions on placements occurring on or after
      the effective date of the rules, on primary road rights-of-way.  The
      rules may require utilities to give notice to the department prior to
      installation of a utility system on a primary road right-of-way and
      obtain prior permission from the department for the proposed
      installation.  The rules shall recognize emergency situations and the
      need for immediate installation of service extensions subject to the
      standards adopted by the department and the utilities board.  The
      rules shall be no less stringent than the standards adopted by the
      utilities board pursuant to chapters 478, 479, and 479B.  This
      paragraph shall not be construed as granting the department authority
      which has been expressly granted to the utilities board to determine
      the route of utility installations.  If the department requires a
      utility company permit, the department shall be required to act upon
      the permit application within thirty days of its filing.  In cases of
      federal-aid highway projects on nonprimary highways, the local
      authority with jurisdiction over the highway and the department shall
      comply with all federal regulations and statutes regarding utility
      accommodation.  

         Section History: Early Form

         [C58, 62, 66, 71, 73, 75, 77, 79, 81, § 306A.3] 

         Section History: Recent Form

         91 Acts, ch 147, §1; 95 Acts, ch 192, §2; 2005 Acts, ch 32, §1;
      2006 Acts, ch 1010, §82
         Referred to in § 318.8