reglab/statecodes huggingface dataset:
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 316 - RELOCATION OF PERSONS DISPLACED BY HIGHWAYS › Section 316.7 - Relocation assistance advisory services.

316.7 Relocation assistance advisory services.
1. A displacing agency shall ensure that relocation assistance advisory services are made available to all persons displaced by the displacing agency. If the displacing agency determines that a person occupying property adjacent to the real property where the displacing activity occurs, is caused substantial economic injury as a result of the displacing activity, the displacing agency may offer the person relocation assistance advisory services.
2. The displacing agency shall cooperate to the maximum extent feasible with federal, state, or local agencies to ensure that the displaced persons receive the maximum assistance available to them.
3. Each relocation assistance advisory program required by subsection 1 shall include such measures, facilities, or services as may be necessary or appropriate in order to comply with the provisions of the federal Uniform Relocation Act and this chapter.
4. The displacing agency shall provide other advisory services to displaced persons in order to minimize hardships to the displaced persons in adjusting to relocation.
5. The displacing agency shall coordinate relocation activities with project work, and other planned or proposed governmental actions or displacing activities in the community or nearby areas which may affect the carrying out of relocation assistance programs.
[C71, §316.2; C73, 75, 77, 79, 81, §316.7]
89 Acts, ch 20, §11
Referred to in §316.1
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 316 - RELOCATION OF PERSONS DISPLACED BY HIGHWAYS › Section 316.8 - Housing replacement by the displacing agency.

316.8 Housing replacement by the displacing agency.
1. If a project cannot proceed on a timely basis because comparable replacement dwellings are not available, and the displacing agency determines that such dwellings cannot otherwise be made available, the displacing agency may take such action as is necessary or appropriate to provide the dwellings by use of funds authorized for the program or project. The displacing agency may let contracts for the construction of the dwellings, approve plans and specifications for the building of the dwellings, and supervise, inspect, and approve the dwellings once constructed in order that the dwellings so constructed comply with the terms and conditions of this chapter. The displacing agency may under this section exceed the maximum amounts which may be paid under sections 316.5 and 316.6 on a case-by-case basis for good cause as determined in accordance with administrative rules adopted by the department.
2. A person shall not be required to move from the person’s dwelling on or after July 1, 1971, on account of any program or project, unless the displacing agency is satisfied that a comparable replacement dwelling is available to the person.
[C73, 75, 77, 79, 81, §316.8]
89 Acts, ch 20, §12
Referred to in §316.5
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 316 - RELOCATION OF PERSONS DISPLACED BY HIGHWAYS › Section 316.9 - Rules.

316.9 Rules.
1. The department shall adopt administrative rules pursuant to chapter 17A as necessary to effect the provisions of this chapter and to assure:
a. Compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Pub. L. No. 91-646, as amended by the Uniform Relocation Act Amendments of 1987, Tit. IV, Pub. L. No. 100-17.
b. The payments authorized by this chapter are fair and reasonable and as uniform as practicable.
c. A displaced person who makes proper application for a payment authorized by this chapter is paid promptly after a move or, in hardship cases, is paid in advance.
2. A person aggrieved by a determination as to eligibility for assistance or a payment authorized by this chapter, or the amount of a payment, upon application may have the matter reviewed.
3. Rules governing reviews shall provide for a prompt one-step uncomplicated fact-finding process. Such a review is an appeal of an agency action as defined in section 17A.2, subsection 2, and is not a contested case. The decision rendered shall be the displacing agency’s final agency action.
[C71, 73, 75, 77, 79, 81, §316.9]
88 Acts, ch 1209, §1; 89 Acts, ch 20, §13; 2010 Acts, ch 1069, §85
Referred to in §6B.54
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 316 - RELOCATION OF PERSONS DISPLACED BY HIGHWAYS › Section 316.12 - Payments to displaced persons not to be considered as income.

316.12 Payments to displaced persons not to be considered as income.
Except for any federal or state law providing low-income housing assistance, a payment received by a displaced person under this chapter shall not be considered as income for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any federal or state law or for the purposes of chapter 422.
[C73, 75, 77, 79, 81, §316.12]
89 Acts, ch 20, §14
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 316 - RELOCATION OF PERSONS DISPLACED BY HIGHWAYS › Section 316.13 - Administration.

316.13 Administration.
In order to prevent unnecessary expenses and duplications of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, the displacing agency may enter into contracts with any individual, firm, association, or corporation for services in connection with the programs, or may carry out its functions through any governmental agency, political subdivision, or instrumentality having an established organization for conducting relocation assistance programs. If practicable, the services of state or local housing agencies, or other agencies having experience in the administration or conduct of similar housing assistance activities shall be used.
[C73, 75, 77, 79, 81, §316.13]
89 Acts, ch 20, §15
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 316 - RELOCATION OF PERSONS DISPLACED BY HIGHWAYS › Section 316.14 - Funding.

316.14 Funding.
1. Funds appropriated or otherwise available to any state agency for a program or project shall also be available to carry out the provisions of this chapter.
2. Payments and expenditures under this chapter for highway projects are incident to and arise out of the construction, maintenance, and supervision of public highways and streets, and, in the case of any federal-aid highway project, may be made by the department from the primary road fund and funds made available by the federal government for the purpose of carrying out this chapter. Payments made under this chapter may be made from the primary road fund in case of a primary road project only, and in other cases may be made from appropriate funds under the control of a political subdivision.
[C71, §316.6; C73, 75, 77, 79, 81, §316.14]
83 Acts, ch 123, §118, 209; 89 Acts, ch 20, §16; 2021 Acts, ch 76, §150
Referred to in §331.429
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 316 - RELOCATION OF PERSONS DISPLACED BY HIGHWAYS › Section 316.15 - Federal grants — payment of right-of-way and relocation assistance benefits.

316.15 Federal grants — payment of right-of-way and relocation assistance benefits.
The department may do all things necessary to carry out the provisions of this chapter and to secure federal grants to make the payments required by this chapter, but the absence of federal aid to make such payments shall not discharge the obligation to make the payments. The department is authorized to pay all right-of-way and relocation assistance benefits in the full amount authorized by federal standards and rules. In order to avoid delays, payment for such benefits made in cooperation with the federal government may be advanced from the primary road fund.
[C71, §316.7; C73, 75, 77, 79, 81, §316.15]
87 Acts, ch 232, §23
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.1 - Definitions.

317.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.
2. “Commissioner” means the county weed commissioner or the commissioner’s deputy within each county.
3. “Department” means the department of agriculture and land stewardship.
2000 Acts, ch 1148, §1; 2010 Acts, ch 1069, §86; 2010 Acts, ch 1193, §49; 2018 Acts, ch 1047, §1
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.1A - Noxious weeds.

317.1A Noxious weeds.
1. The following weeds are hereby declared to be noxious and shall be divided into two classes, as follows:
a. Primary noxious weeds, which shall include:
(1) Quack grass (Elymus repens).
(2) Perennial sow thistle (Sonchus arvensis).
(3) Canada thistle (Cirsium arvense).
(4) Bull thistle (Cirsium vulgare).
(5) European morning glory or field bindweed (Convolvulus arvensis).
(6) Horse nettle (Solanum carolinense).
(7) Leafy spurge (Euphorbia esula).
(8) Perennial pepper-grass (Cardaria draba).
(9) Russian knapweed (Acroptilon repens).
(10) Buckthorn (Rhamnus spp., not to include Frangula alnus, syn. Rhamnus frangula).
(11) All other species of thistles belonging in the genera of Cirsium and Carduus.
(12) Palmer amaranth (Amaranthus palmeri).
b. Secondary noxious weeds, which shall include:
(1) Butterprint (Abutilon theophrasti) annual.
(2) Cocklebur (Xanthium strumarium) annual.
(3) Wild mustard (Sinapis arvensis) annual.
(4) Wild carrot (Daucus carota) biennial.
(5) Buckhorn (Plantago lanceolata) perennial.
(6) Sheep sorrel (Rumex acetosella) perennial.
(7) Sour dock (Rumex crispus) perennial.
(8) Smooth dock (Rumex altissimus) perennial.
(9) Poison hemlock (Conium maculatum).
(10) Multiflora rose (Rosa multiflora).
(11) Wild sunflower (wild strain of Helianthus annuus L.) annual.
(12) Puncture vine (Tribulus terrestris) annual.
(13) Teasel (Dipsacus spp.) biennial.
(14) Shattercane (Sorghum bicolor) annual.
2. a. The multiflora rose (Rosa multiflora) shall not be considered a secondary noxious weed when cultivated for or used as understock for cultivated roses or as ornamental shrubs in gardens, or in any county whose board of supervisors has by resolution declared it not to be a noxious weed.
b. Shattercane (Sorghum bicolor) shall not be considered a secondary noxious weed when cultivated or in any county whose board of supervisors has by resolution declared it not to be a noxious weed.
3. A plant is also declared to be a noxious weed as provided in rules adopted by the department pursuant to chapter 17A. The department’s determination shall be based on a finding that the plant is competitive, persistent, or pernicious, and may directly or indirectly injure or cause damage to crops, other useful plants, livestock, or poultry; irrigation, land, public roads, fish or wildlife resources; or the public health.
[S13, §1565-b; C24, 27, 31, 35, §4818; C39, §4829.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.1]
85 Acts, ch 171, §1; 2000 Acts, ch 1154, §20
C2001, §317.1A
2010 Acts, ch 1061, §108; 2011 Acts, ch 34, §79; 2017 Acts, ch 101, §2; 2018 Acts, ch 1047, §2
Referred to in §317.1C, 716.14
Noxious weed seed defined, see §199.1
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.1B - State weed commissioner.

317.1B State weed commissioner.
The secretary of agriculture may appoint a state weed commissioner to aid in the administration of this chapter and carry out other duties as assigned by the secretary of agriculture relating to the control or eradication of weeds.
2018 Acts, ch 1047, §3
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.1C - Department — powers and duties.

317.1C Department — powers and duties.
1. The department shall assist commissioners, boards of supervisors, and cities in the interpretation of this chapter and the administration and enforcement of this chapter.
2. a. The department may adopt administrative rules, pursuant to chapter 17A, providing a list of plants that it determines is noxious in the manner provided in section 317.1A.
b. The department may establish priorities from the list of noxious weeds described in section 317.1A for control or eradication. The priorities may be published annually and made available to the state department of transportation, counties, commissioners, and to the public on the internet site controlled by the department of agriculture and land stewardship. The state department of transportation, boards of supervisors, and weed commissioners shall consider the priorities when establishing programs of weed control or eradication pursuant to section 317.13.
3. The department may adopt rules, pursuant to chapter 17A, providing a list of recommended methods for control or eradication of noxious weeds.
2018 Acts, ch 1047, §4
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.3 - Weed commissioner — standards for noxious weed control.

317.3 Weed commissioner — standards for noxious weed control.
1. The board of supervisors of each county may annually appoint a county weed commissioner who may be a person otherwise employed by the county and who passes minimum standards established by the department of agriculture and land stewardship for noxious weed identification and the recognized methods for noxious weed control and elimination. The county weed commissioner’s appointment shall be effective as of March 1 and shall continue for a term at the discretion of the board of supervisors unless the commissioner is removed from office as provided for by law. The name and address of the person appointed as county weed commissioner shall be certified to the county auditor and to the secretary of agriculture within ten days of the appointment.
2. The board of supervisors shall fix the compensation of the county weed commissioner and deputies. Compensation shall be for the period of actual work only, although a weed commissioner assigned other duties not related to weed eradication may receive an annual salary. The board of supervisors shall likewise determine whether employment shall be by hour, day, or month and the rate of pay for the employment time. In addition to compensation, the commissioner and deputies shall be paid their necessary travel expenses.
3. At the discretion of the board of supervisors, the weed commissioner shall attend a seminar or school conducted or approved by the department of agriculture and land stewardship relating to the identification, control, and elimination of noxious weeds. The county weed commissioner may, with the approval of the board of supervisors, require that commercial applicators and their appropriate employees pass the same standards for noxious weed identification as established by the department of agriculture and land stewardship.
4. The board of supervisors shall prescribe the time of year the weed commissioner shall perform the powers and duties of county weed commissioner under this chapter which may be during that time of year when noxious weeds can effectively be killed.
[S13, §1565-c, -d, -f; C24, 27, §4817; C31, 35, §4817, 4817-d1; C39, §4829.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.3]
83 Acts, ch 123, §119, 209; 85 Acts, ch 160, §1; 94 Acts, ch 1173, §14; 2018 Acts, ch 1041, §80
Referred to in §331.321
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.4 - Direction and control.

317.4 Direction and control.
Each commissioner, subject to direction and control by the county board of supervisors, shall supervise the control and destruction of all noxious weeds in the county, including those growing within the limits of cities, within the confines of abandoned cemeteries, and along streets and highways unless otherwise provided. A commissioner shall notify the department of public safety of the location of marijuana plants found growing on public or private property. A commissioner may enter upon any land in the county at any time for the performance of the commissioner’s duties, and shall hire the labor and equipment necessary subject to the approval of the board of supervisors.
[S13, §1565-c, -d, -f; C24, 27, 31, 35, §4817; C39, §4829.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §317.4; 81 Acts, ch 117, §1047]
83 Acts, ch 123, §120, 209; 90 Acts, ch 1179, §2; 2010 Acts, ch 1069, §87
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.6 - Entering land to destroy weeds — notice.

317.6 Entering land to destroy weeds — notice.
1. If there is a substantial failure by the owner or person in possession or control of any land to comply with any order of destruction pursuant to the provisions of this chapter, the county weed commissioner, including the weed commissioner’s deputies, or employees acting under the weed commissioner’s direction may enter upon any land within the commissioner’s county for the purpose of destroying noxious weeds.
2. The entry may be made without the consent of the landowner or person in possession or control of the land. However, the actual work of destruction shall not be commenced until five days after the landowner and the person in possession or control of the land have been notified.
3. The notice shall state the facts relating to failure of compliance with the county program of weed destruction order or orders made by the board of supervisors. The notice shall be delivered by personal service on the owner and persons in possession and control of the land. The personal service may be served by the weed commissioner or any person designated in writing by the weed commissioner. However, in lieu of personal service, the weed commissioner may provide that the notice be delivered by certified mail. A copy of the notice shall be filed in the office of the county auditor. The last known address of the owner or person in possession or control of the land may be ascertained, if necessary, from the last tax list in the county treasurer’s office. Where any person owning land within the county has filed a written instrument in the office of the county auditor designating the name and address of its agent, the notice may be delivered to that agent. In computing time for notice, it shall be from the date of service as evidenced on the return of service. If delivery is made by certified mail, it shall be from the date of mailing.
[S13, §1565-c, -d, -f; C24, §4817; C27, 31, 35, §4817, 4823-b1; C39, §4829.05, 4829.06; C46, §317.5, 317.6; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.6]
2005 Acts, ch 39, §1; 2010 Acts, ch 1061, §109
Referred to in §317.16
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.7 - Report to board.

317.7 Report to board.
Each weed commissioner shall for the territory under the commissioner’s jurisdiction on or before the first day of November of each year make a written report to the board of supervisors. Said report shall state:
1. The name and location of all primary noxious weeds, and any new weed which appears to be a serious pest.
2. A detailed statement of the treatment used, and future plans, for eradication of weeds on each infested tract on which the commissioner has attempted to exterminate weeds, together with the costs and results obtained.
3. A summary of the weed situation within the jurisdiction, together with suggestions and recommendations which may be proper and useful, a copy of which shall be forwarded to the state secretary of agriculture.
[S13, §1565-c, -d, -f; C24, 27, 31, 35, §4817; C39, §4829.07; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.7]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.9 - Duty of board to enforce.

317.9 Duty of board to enforce.
Unless otherwise provided, responsibility for the enforcement of the provisions of this chapter shall be vested in the board of supervisors as to all of the following:
1. Farm lands.
2. Railroad lands.
3. Abandoned cemeteries.
4. State lands and state parks.
5. Primary and secondary roads.
6. Roads, streets, and other lands within cities.
[S13, §1565-c, -d, -f; C24, 27, 31, 35, §4817; C39, §4829.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.9]
2019 Acts, ch 59, §89
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.10 - Duty of owner or tenant.

317.10 Duty of owner or tenant.
Each owner and each person in the possession or control of any lands shall cut, burn, or otherwise destroy, in whatever manner may be prescribed by the board of supervisors, all noxious weeds thereon as defined in this chapter at such times in each year and in such manner as shall be prescribed in the program of weed destruction order or orders made by the board of supervisors, and shall keep said lands free from such growth of any other weeds, as shall render the streets or highways adjoining said land unsafe for public travel.
[SS15, §1565-a; C24, 27, 31, 35, §4819; C39, §4829.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.10]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.11 - Weeds on roads — harvesting of grass.

317.11 Weeds on roads — harvesting of grass.
1. The county boards of supervisors and the state department of transportation shall control or eradicate noxious weeds growing on the roads under their jurisdiction.
2. Nothing under this chapter shall prevent the landowner from harvesting, in proper season on or after July 15, the grass grown on the road along the landowner’s land except for vegetation maintained for highway purposes as part of an integrated roadside vegetation management plan which is consistent with the objectives in section 314.22.
[S13, §1565-c, -d, -f; SS15, §1565-a; C24, 27, 31, 35, §4817, 4819; C39, §4829.11; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.11]
89 Acts, ch 246, §8; 2010 Acts, ch 1164, §2; 2018 Acts, ch 1047, §5
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.12 - Weeds on railroad or public lands and gravel pits.

317.12 Weeds on railroad or public lands and gravel pits.
All noxious weeds on railroad lands, public lands and within incorporated cities shall be treated in such manner, approved by the board of supervisors, as shall prevent seed production and either destroy or prevent the spread of noxious weeds to adjoining lands. Gravel pits infested with noxious weeds shall not be used as sources of gravel for public highways without previous treatment approved by board of supervisors.
[S13, §1565-c, -d, -f; SS15, §1565-a; C24, 27, 31, 35, §4817, 4819; C39, §4829.12; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.12]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.13 - Program of control or eradication.

317.13 Program of control or eradication.
1. The board of supervisors of each county may each year, upon recommendation of the county weed commissioner by resolution prescribe and order a program of weed control or eradication for purposes of complying with all sections of this chapter. The county board of supervisors of each county may also adopt an integrated roadside vegetation management plan as part of a program of weed control or eradication for purposes of complying with all sections of this chapter.
2. The program of weed control or eradication shall include issuing permits for the burning, mowing, or spraying of roadsides by private individuals. The county board of supervisors shall allow only that burning, mowing, or spraying of roadsides by private individuals that is consistent with the adopted integrated roadside vegetation management plan. This subsection applies only to those roadside areas of a county which are included in an integrated roadside vegetation management plan.
[S13, §1565-c, -d; C24, 27, 31, 35, §4821; C39, §4829.13; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.13]
85 Acts, ch 171, §3; 89 Acts, ch 246, §9; 90 Acts, ch 1267, §36; 2018 Acts, ch 1041, §81; 2018 Acts, ch 1047, §6
Referred to in §317.1C, 317.14, 317.14A, 317.19
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.14 - Notice of program.

317.14 Notice of program.
1. Notice of any order made pursuant to section 317.13 shall be given by one publication in the official newspapers of the county and shall be directed to all property owners.
2. The notice shall state:
a. The time for destruction.
b. The manner of destruction, if other than cutting above the surface of the ground.
c. That, unless the order is complied with, the weed commissioner shall cause the weeds to be destroyed and the cost of destroying the weeds will be taxed against the real estate on which the noxious weeds are destroyed.
[S13, §1565-c, -d; C24, 27, 31, 35, §4822; C39, §4829.14; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.14]
2010 Acts, ch 1061, §110
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.14A - Special requirements for the control or elimination of Palmer amaranth on conservation reserve program land.

317.14A Special requirements for the control or elimination of Palmer amaranth on conservation reserve program land.
The program for weed control established pursuant to section 317.13, and any order issued under that program, shall not apply to the control or elimination of Palmer amaranth (Amaranthus palmeri) on land enrolled in the conservation reserve program as described in
7 C.F.R. pt. 1410
, unless the control or elimination measures comply with the conservation reserve program requirements for that land including contract requirements. The board of supervisors in adopting the program for weed control, or the commissioner in administering the program, shall seek cooperation with the United States department of agriculture, which may include the department’s farm service agency office for that county, the farm service agency’s state office, or any other office or official designated by the department.
2017 Acts, ch 101, §3
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.15 - Loss or damage to crops.

317.15 Loss or damage to crops.
The loss or damage to crops or property incurred by reason of such destruction shall be borne by the titleholder of said real estate, unless said real estate shall be sold under contract whereby possession has been delivered to the purchaser, in which event such purchaser shall bear such loss or damage, excepting where a contract has been entered into providing a different adjustment for such loss or damage.
[S13, §1565-c, -d; C24, 27, 31, 35, §4822; C39, §4829.15; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.15]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.16 - Failure to comply.

317.16 Failure to comply.
1. In case of a substantial failure to comply by the date prescribed in any order of destruction of weeds made pursuant to this chapter, the weed commissioner may do any of the following:
a. Enter upon the land as provided in section 317.6 and provide for the destruction of the weeds as provided in section 317.6.
b. Impose a maximum penalty of a ten dollar fine for each day, up to ten days, that the owner or person in possession or control of the land fails to comply. If a penalty is imposed and the owner or person in possession or control of the land fails to comply, the weed commissioner shall cause the weeds to be destroyed.
2. If the weed commissioner enters the land and causes the weeds to be destroyed, the actual cost and expense of cutting, burning, or otherwise destroying the weeds, along with the cost of providing notice and special meetings or proceedings, if any, shall be paid by the county and, together with the additional assessment to apply toward costs of supervision and administration, be recovered by an assessment against the tract of real estate on which the weeds were growing, as provided in section 317.21. Any fine imposed under this section shall be recovered by a similar assessment.
[S13, §1565-c, -d; C24, 27, 31, 35, §4823; C39, §4829.16; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.16]
83 Acts, ch 123, §121, 209; 85 Acts, ch 171, §4; 2005 Acts, ch 39, §2
Referred to in §317.21
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.18 - Order for weed control or eradication on roads.

317.18 Order for weed control or eradication on roads.
A county board of supervisors and the state department of transportation shall control or eradicate noxious weeds growing on the roads under their jurisdiction. A board of supervisors may order all noxious weeds, within the right-of-way of all roads under county jurisdiction be controlled or eradicated, either upon its own motion or upon receipt of written notice requesting the action from any residents of the township in which the roads are located, or any person regularly using the roads. The order shall be consistent with the county integrated roadside vegetation management plan, if the county has adopted such a plan. The order shall define the roads along which noxious weeds are required to be controlled or eradicated and shall require the weeds to be controlled or eradicated within fifteen days after the publication of the order in the official newspapers of the county or as prescribed in the county’s integrated roadside vegetation management plan.
[C39, §4829.18; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.18]
83 Acts, ch 123, §122, 209; 85 Acts, ch 171, §5; 89 Acts, ch 246, §10; 98 Acts, ch 1075, §14; 2018 Acts, ch 1047, §7
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.19 - Road clearing appropriation.

317.19 Road clearing appropriation.
1. The board of supervisors may appropriate moneys to be used for the purposes of controlling or eradicating weeds or brush within the right-of-way of roads under county jurisdiction in a manner consistent with the county’s program of weed control or eradication pursuant to section 317.13, except as provided in section 314.17.
2. The board of supervisors may purchase or hire necessary equipment or contract with the adjoining landowner to carry out this section.
83 Acts, ch 123, §123, 209; 84 Acts, ch 1219, §20; 85 Acts, ch 171, §6; 89 Acts, ch 246, §11; 98 Acts, ch 1075, §15; 2010 Acts, ch 1164, §3; 2018 Acts, ch 1047, §8
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.20 - Equipment and materials — use on private property.

317.20 Equipment and materials — use on private property.
The board of supervisors may appropriate moneys for the purpose of purchasing weed eradicating equipment and materials to carry out the duties of the commissioner for use on all lands in the county, public or private, and for the payment of the necessary expenses and compensation of the commissioner, and the commissioner’s deputies, if any. When equipment or materials so purchased are used on private property within the corporate limits of cities by the commissioner, the cost of materials used and an amount to be fixed by the board of supervisors for the use of the equipment shall be returned by the county treasurer upon the collection of the special assessment taxed against the property. In the certification to the county treasurer by the county auditor this apportionment shall be designated along with the special tax assessed under section 317.21. The equipment and its use are subject to the authorization and direction of the county board of supervisors.
83 Acts, ch 123, §124, 209
Referred to in §331.559
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.22 - Duty of highway maintenance personnel.

317.22 Duty of highway maintenance personnel.
All officers directly responsible for the care of public highways shall make a complaint to the weed commissioners or board of supervisors, if it appears that the provisions of this chapter may not be complied with in time to prevent the blooming and maturity of noxious weeds or the unlawful growth of weeds or marijuana, whether in the streets or highways for which they are responsible or upon lands adjacent to the same.
[S13, §1565-c, -e; C24, 27, 31, 35, §4826; C39, §4829.20; C46, §317.21; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.22]
90 Acts, ch 1179, §3
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.23 - Duty of county attorney.

317.23 Duty of county attorney.
It shall be the duty of the county attorney upon complaint of any citizen that any officer charged with the enforcement of the provisions of this chapter has neglected or failed to perform the officer’s duty, to enforce the performance of such duty.
[C24, 27, 31, 35, §4828; C39, §4829.21; C46, §317.22; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.23]
Referred to in §331.756(47)
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.24 - Punishment of officer.

317.24 Punishment of officer.
Any officer referred to in this chapter who neglects or fails to perform the duties incumbent upon the officer under the provisions of this chapter shall be guilty of a simple misdemeanor.
[S13, §1565-i; C24, 27, 31, 35, §4829; C39, §4829.22; C46, §317.23; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §317.24]
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.25 - Invasive plants prohibited — exception — penalty.

317.25 Invasive plants prohibited — exception — penalty.
1. a. A person shall not import, sell, offer for sale, or distribute in this state in any form, including the seeds, any of the following plants:
(1) Teasel (Dipsacus) biennial.
(2) Multiflora rose (Rosa multiflora).
(3) Purple loosestrife (Lythrum salicaria).
(4) Purple loosestrife (Lythrum virgatum).
(5) Garlic mustard (Alliaria petiolata).
(6) Oriental bittersweet (Celastrus orbiculatus).
(7) Japanese knotweed (Fallopia japonica).
(8) Japanese hop (Humulus japonicus).
(9) Palmer amaranth (Amaranthus palmeri).
b. However, paragraph “a” does not prohibit the sale, offer for sale, or distribution of the multiflora rose (Rosa multiflora) used for understock for either cultivated roses or ornamental shrubs in gardens.
2. Any person violating subsection 1 commits a public offense and is subject to a fine not to exceed one hundred dollars.
[C75, 77, 79, 81, §317.25]
89 Acts, ch 193, §1; 90 Acts, ch 1111, §1; 91 Acts, ch 5, §1; 91 Acts, ch 258, §46; 2001 Acts, ch 91, §1; 2002 Acts, ch 1050, §31; 2013 Acts, ch 74, §1; 2014 Acts, ch 1092, §72; 2017 Acts, ch 29, §90; 2017 Acts, ch 101, §4
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 317 - WEEDS › Section 317.26 - Alternative remediation practices.

317.26 Alternative remediation practices.
The director of the department of natural resources, in cooperation with the secretary of agriculture and county conservation boards or the board of supervisors, shall develop and implement projects which utilize alternative practices in the remediation of noxious weeds and other vegetation within highway rights-of-way.
87 Acts, ch 225, §231
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 318 - OBSTRUCTIONS IN HIGHWAY RIGHTS-OF-WAY › Section 318.1 - Definitions.

318.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Department” means the state department of transportation.
2. “Highway authority” means the county board of supervisors, in the case of secondary roads, and the department, in the case of primary roads.
3. “Highway right-of-way” means the total area of land, whether reserved by public ownership or easement, that is reserved for the operation and maintenance of a legally established public roadway. This area shall be deemed to consist of two portions, a central traveled way including the shoulders and that remainder on both sides of the road, between the outside shoulder edges and the outer boundaries of the right-of-way.
4. “Obstruction” means an obstacle in the highway right-of-way, or an impediment or hindrance which impedes, opposes, or interferes with free passage along the highway right-of-way, not including utility structures installed in accordance with an approved permit.
5. “Officer” means any department employee, county employee, or elected county official.
6. “Traveled portion of the right-of-way” means that area of the highway right-of-way, not including the shoulders, on which vehicles normally travel.
7. “Utility” means all private, public, municipal, or cooperative owned systems for water, sewer, natural gas, electric, telegraph, telephone, transit, pipeline, heating plants, railroads, bridges, street lights, or traffic control signals.
8. “Utility structures” means the aboveground devices, required by a utility, including poles, lines, and wires, used for telephone, electric, natural gas, and other distribution or transmission purposes, and natural gas and electrical substations.
2006 Acts, ch 1097, §1
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 318 - OBSTRUCTIONS IN HIGHWAY RIGHTS-OF-WAY › Section 318.3 - Obstructions in highway right-of-way.

318.3 Obstructions in highway right-of-way.
A person shall not place, or cause to be placed, an obstruction within any highway right-of-way. This prohibition includes, but is not limited to, the following actions:
1. The excavation, filling, or making of any physical changes to any part of the highway right-of-way, except as provided under section 318.8.
2. The cultivation or growing of crops within the highway right-of-way.
3. The destruction of plants placed within the highway right-of-way.
4. The placing of fences or ditches within the highway right-of-way.
5. The alteration of ditches, water breaks, or drainage tiles within the highway right-of-way.
6. The placement of trash, litter, debris, waste material, manure, rocks, crops or crop residue, brush, vehicles, machinery, or other items within the highway right-of-way.
7. The placement of billboards, signs, or advertising devices within the highway right-of-way.
8. The placement of any red reflector, or any object or other device which shall cause the effect of a red reflector on the highway right-of-way which is visible to passing motorists.
2006 Acts, ch 1097, §3
Referred to in §318.6, 318.8
See also §318.5, 318.10, and 318.11
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 318 - OBSTRUCTIONS IN HIGHWAY RIGHTS-OF-WAY › Section 318.5 - Removal and cost.

318.5 Removal and cost.
1. An obstruction in a highway right-of-way which constitutes an immediate and dangerous hazard shall, without notice or liability in damages, be removed by the highway authority.
2. An obstruction not constituting an immediate and dangerous hazard shall be removed by the highway authority without liability after forty-eight-hour notice served in the same manner in which an original notice is served, or in writing by certified mail, or in any other manner reasonably calculated to apprise the person responsible for the obstruction that the obstruction will be removed at the person’s expense. The highway authority shall assess the removal cost.
3. Upon removal of the obstruction, the highway authority may immediately send a statement of the cost to the person responsible for the obstruction. If within ten days after sending the statement the cost is not paid, the highway authority may institute legal proceedings to collect the cost of removal. The removal costs shall be assessed against the following persons, as applicable:
a. The vehicle owner in the case of an abandoned vehicle.
b. The abutting property owner in the case of a fence, other than a right-of-way line fence, or other temporary obstruction placed within the highway right-of-way by the owner or tenant of the abutting property.
c. The owner or person responsible for placement of any other obstruction.
4. All removals shall be without liability on the part of any officer ordering or effecting such removal.
2006 Acts, ch 1097, §5
Referred to in §68A.406, 318.9, 318.10
Manner of service,
R.C.P. 1.302 – 1.315
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 318 - OBSTRUCTIONS IN HIGHWAY RIGHTS-OF-WAY › Section 318.6 - Public nuisance.

318.6 Public nuisance.
1. Any person who places, or causes to be placed, any obstruction in a highway right-of-way as prohibited under section 318.3 is deemed to have created a public nuisance punishable as provided in chapter 657.
2. If a person is found guilty of placing an obstruction within a highway right-of-way, the court may, in addition to any fine imposed, or judgment for damages or costs for which a separate execution may issue, order that the obstruction be abated or removed at the expense of the defendant. The costs for abatement or removal of the obstruction may be entered as a personal judgment against the defendant or assessed against the property where the obstruction occurred, or both.
2006 Acts, ch 1097, §6
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 318 - OBSTRUCTIONS IN HIGHWAY RIGHTS-OF-WAY › Section 318.7 - Injunction to restrain obstructions.

318.7 Injunction to restrain obstructions.
A highway authority may maintain a suit in equity aided by injunction to restrain an obstruction in a highway right-of-way. In such actions, the highway authority may cause the legal boundary lines of the highway to be adjudicated provided all interested parties are impleaded.
2006 Acts, ch 1097, §7
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 318 - OBSTRUCTIONS IN HIGHWAY RIGHTS-OF-WAY › Section 318.8 - Permit required.

318.8 Permit required.
A person shall not excavate, fill, or make a physical change within a highway right-of-way without obtaining a permit from the applicable highway authority. At the request of a permittee, a modification may be granted in the discretion of the highway authority. Work performed under the permit shall be performed in conformity with the specifications prescribed by the highway authority. If the work does not conform to permit specifications, the person shall be notified to make the conforming changes. If after twenty days the changes have not been made, the highway authority may make the necessary changes and immediately send a statement of the cost to the responsible person. If within thirty days after sending the statement the cost is not paid, the highway authority may institute legal proceedings to collect the cost of correction. A violation of the permit specifications shall be considered a violation of section 318.3. A public utility subject to section 306A.3 is exempt from this section.
2006 Acts, ch 1097, §8
Referred to in §318.3
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 318 - OBSTRUCTIONS IN HIGHWAY RIGHTS-OF-WAY › Section 318.9 - Utility structures.

318.9 Utility structures.
1. a. A utility structure in a highway right-of-way used for telephone, electric, natural gas, or other distribution or transmission purposes shall be removed by the owner or operator of the transmission lines upon written notice from the highway authority of not less than ninety days, to the owner and operator. The notice shall, with reasonable certainty, specify the utility structure to be removed and shall be served in the same manner that original notices are required to be served. If the owner or operator of the transmission line is unable to remove the utility structure within the required time due to circumstances beyond the control of the owner or operator, the owner or operator shall file a request with the highway authority for an extension of time to complete the work.
b. If the owner or operator of a transmission line needs authorization from the utilities board or other governmental authority to relocate a utility structure or to obtain a new private easement right for relocation of the utility structure, the owner or operator shall request an extension of time within which to remove the utility structure. The highway authority shall grant an extension of time for at least ninety days following the date authorization is granted or the easement right is obtained.
2. Upon written application, the highway authority shall locate the construction of new telephone, electric, or transmission lines or parts of lines, including natural gas pipeline, for the roads within the highway authority’s jurisdiction, subject to the jurisdiction of the utilities board under chapters 476, 478, and 479, as follows:
a. The county engineer, or the board of supervisors if a county engineer is not available, shall locate the lines for secondary roads.
b. The department shall locate the lines for primary roads.
3. The department and the county engineer, or the board of supervisors if a county engineer is not available, may designate the location of a utility structure within a highway right-of-way. A utility structure that is not properly located within the highway right-of-way shall be removed within a time prescribed to a designated location. If not so removed, the highway authority may remove the utility structure and recover costs as provided in section 318.5.
2006 Acts, ch 1097, §9
Referred to in §306.46
Manner of service,
R.C.P. 1.302 – 1.315
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 318 - OBSTRUCTIONS IN HIGHWAY RIGHTS-OF-WAY › Section 318.10 - Fences.

318.10 Fences.
1. A fence which constitutes an immediate and dangerous hazard shall, without notice or liability in damages, be removed by the highway authority. In all other cases where a fence is an obstruction in a highway right-of-way, notice in writing of not less than thirty days shall be given to the owner, occupant, or agent of the land enclosed by the fence.
2. The notice shall, with reasonable certainty, specify the line to which the fences shall be removed and shall be served in the same manner that original notices are required to be served, or in writing by certified mail, or in any other manner reasonably calculated to apprise the person responsible for the fence.
3. The department and the county engineer, or the board of supervisors if a county engineer is not available, may designate the location of a fence within a highway right-of-way. A fence that is not properly located within the highway right-of-way shall be removed within a time prescribed to a designated location. If not so removed, the highway authority may remove the fences and recover costs as provided in section 318.5.
2006 Acts, ch 1097, §10
Manner of service.
R.C.P. 1.302 – 1.315
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 318 - OBSTRUCTIONS IN HIGHWAY RIGHTS-OF-WAY › Section 318.11 - Billboards and signs.

318.11 Billboards and signs.
1. No billboard or advertising sign or device, except a sign or device authorized by law or approved by the highway authority, shall be placed or erected upon a highway right-of-way.
2. A billboard or advertising sign, whether on public or private property, that obstructs the view of any portion of a public highway or of a railway track making the use of the traveled portion of the right-of-way dangerous is a public nuisance and shall be abated. The person responsible for the erection and maintenance of the billboard or sign may be punished as provided in chapter 657.
2006 Acts, ch 1097, §11
Referred to in §331.756(48)
2023 Iowa Code › Title VIII - TRANSPORTATION › Chapter 320 - USE OF HIGHWAYS FOR SIDEWALKS, SERVICE MAINS, OR CATTLEWAYS › Section 320.1 - Construction of sidewalks in certain school districts.

320.1 Construction of sidewalks in certain school districts.
Where an independent or community school district has within its limits a city of one hundred twenty-five thousand population or more, and has a schoolhouse located outside the city limits of such city and outside the limits of any city, the board of supervisors of the county in which such school district is located shall upon the filing of a petition signed by the owners of at least seventy-five percent of the property which will be assessed, order the construction or reconstruction of a permanent sidewalk not less than four feet in width along the highway adjacent to the property described and leading to such schoolhouse.
[C27, 31, 35, §4857-b1; C39, §4857.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §320.1]
Referred to in §331.362