2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 309 - SECONDARY ROADS
309.57 - AREA SERVICE CLASSIFICATION.

        309.57  AREA SERVICE CLASSIFICATION.
         1.  The county board of supervisors, after consultation with the
      county engineer, and for purposes of specifying levels of maintenance
      effort and access, may classify the area service system into three
      classifications termed area service "A", area service "B", and area
      service "C".  The area service "A" classification shall be maintained
      in conformance with applicable statutes.  Area service "B"
      classification roads may have a lesser level of maintenance as
      specified by the county board of supervisors, after consultation with
      the county engineer.  Area service "C" classification roads may have
      restricted access and a minimal level of maintenance as specified by
      the county board of supervisors after consultation with the county
      engineer.
         2.  Roads within area service "B" and "C" classifications shall
      have appropriate signs, conforming to the Iowa state sign manual,
      installed and maintained by the county at all access points to roads
      on this system from other public roads, to adequately warn the public
      they are entering a section of road which has a lesser level of
      maintenance effort than other public roads.  In addition, area
      service "C" classification roads shall adequately warn the public
      that access is limited.
         3.  Roads may only be classified as area service "C" by ordinance
      or resolution.  The ordinance or resolution shall specify the level
      of maintenance effort and the persons who will have access rights to
      the road.  The county shall only allow access to the road to the
      owner, lessee, or person in lawful possession of any adjoining land,
      or the agent or employee of the owner, lessee, or person in lawful
      possession, or to any peace officer, magistrate, or public employee
      whose duty it is to supervise the use or perform maintenance of the
      road.  Access to the road shall be restricted by means of a gate or
      other barrier.
         4.  Notwithstanding section 716.7, subsection 4, entering or
      remaining upon an area service "C" classification road without
      justification after being notified or requested to abstain from
      entering or to remove or vacate the road by any person lawfully
      allowed access shall be a trespass as defined in section 716.7.
         5.  A road with an area service "C" classification shall retain
      the classification until such time as a petition for reclassification
      is submitted to the board of supervisors.  The petition shall be
      signed by one or more adjoining landowners.  The board of supervisors
      shall approve or deny the request for reclassification within sixty
      days of receipt of the petition.
         6.  The county and officers, agents, and employees of the county
      are not liable for injury to any person or for damage to any vehicle
      or equipment, or contents of any vehicle or equipment, which occurs
      proximately as a result of the maintenance of a road which is
      classified as area service "B" or "C" if the road has been maintained
      to the level required for roads classified as area service "B" or
      "C".  

         Section History: Early Form

         [S81, § 309.57; 81 Acts, ch 100, § 1] 

         Section History: Recent Form

         96 Acts, ch 1103, § 1; 2002 Acts, ch 1063, §10; 2003 Acts, ch 144,
      §5