2009 Iowa Code
Title 8 - Transportation
Subtitle 1 - Highways and Waterways
CHAPTER 314 - ADMINISTRATIVE PROVISIONS FOR HIGHWAYS
314.23 - ENVIRONMENTAL PROTECTION.

        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.  

         89 Acts, ch 311, §26