2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 314 - ADMINISTRATIVE PROVISIONS FOR HIGHWAYS
314.21 - LIVING ROADWAY TRUST FUND.

        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".  

         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