reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 27 - Interest on Retained Funds › Rule 761-27.1 - Interest on Retained Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope.
This rule implements Iowa Code section
				573.12,
				regarding payment to a contractor of interest earned on retained funds. This
				rule does not address payment of interest under Iowa Code section
				573.14.
(2)
General requirements.
a. Interest shall be paid pursuant to Iowa
				Code section
				573.12
				only on state contracts awarded on or after July 1, 1990.
b. Interest shall be paid on retained funds
				of a contract only if the accrued interest on those funds is at least $25. This
				dollar threshold reflects the cost to the department of processing an interest
				payment on retained funds.
c.
				Interest shall not be paid on retained funds of a contract declared in
				default.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 28 - Iowa Transportation Map › Rule 761-28.1 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
"Iowa Transportation Map"
is the
				  multicolored official map that is produced by the department to provide the
				  motoring public with basic information on the location of cities and the
				  highways connecting them.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 28 - Iowa Transportation Map › Rule 761-28.2 - Information

Current through Register Vol. 47, No. 3, July 24, 2024
Information regarding map use, content and production may be
				  obtained from the Office of Systems Planning, Iowa Department of
				  Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone
				  (515)239-1664.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 28 - Iowa Transportation Map › Rule 761-28.3 - Policy

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa Transportation Map is to be distributed to the
				  public without charge at department offices, at rest areas and on the
				  department's Web site at www.iowadot.gov. The map is not to be sold or used for
				  purposes of personal or professional gain. The paper version or the electronic
				  version of the map is not to be altered for distribution in any way, including
				  adding a name or address of an individual, business or organization.
1. This policy applies to but is not limited
				to candidates running for political office.
2. It is not a violation of this policy for
				the pictures of the governor and lieutenant governor and a personal message to
				appear on the map.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 40 - Recovery of Damages to Highways or Highway Structures › Rule 761-40.1 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter of rules is limited to recovery of damages to
				  highways or highway structures in two situations:
(1) As a result of any illegal operation,
				driving, or moving of a vehicle, object, or contrivance; or
(2) As a result of operation, driving, or
				moving any vehicle, object, or contrivance weighing in excess of the maximum
				weight in Iowa Code chapter 321 but authorized by a special permit issued
				pursuant to Iowa Code chapter 321.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 40 - Recovery of Damages to Highways or Highway Structures › Rule 761-40.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Department"
means the Iowa department of
				  transportation.
"Highway "
means any segment of the primary
				  road system or a municipal extension and includes but is not limited to the
				  pavement surface, shoulder, median, earth fill, ditches and vegetation.
"Highway structure"
means all the
				  appurtenances of a highway including but not limited to guardrails, culverts,
				  bridges, signs, light poles, attenuators, traffic control devices, or buildings
				  at rest areas, information sites, commercial vehicle inspection and enforcement
				  sites, or other appurtenances adjacent to the highway.
"Labor additive"
means the labor additive
				  rate approved annually by the Federal Highway Administration. This rate
				  includes indirect labor costs, such as sick leave, vacation, holidays, other
				  leaves with pay and departmental training. The labor additive rate produces an
				  accurate charge for labor costs.
"Traffic control"
means the labor, materials
				  and equipment used to control traffic through or around the site of an accident
				  on or adjacent to the highway, including but not limited to signs, barricades,
				  signals, pavement markings, and lighting, channelizing, or hand signaling
				  devices.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 40 - Recovery of Damages to Highways or Highway Structures › Rule 761-40.3 - Information

Current through Register Vol. 47, No. 3, July 24, 2024
Information about the recovery of damages to highway
				  facilities may be obtained from: Office of Finance, Iowa Department of
				  Transportation, 800 Lincoln Way, Ames, Iowa 50010.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 40 - Recovery of Damages to Highways or Highway Structures › Rule 761-40.4 - Accident Scene

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall exclude from recoverable damages the
				  cost of traffic control at the scene of an accident during the period required
				  to conduct the initial investigation, arrange for care of the injured, and
				  either perform cleanup required to return traffic flow to normal conditions or
				  establish a detour.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 40 - Recovery of Damages to Highways or Highway Structures › Rule 761-40.5 - Repair of Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When
				notified of a damaged highway or highway structure, the department shall
				arrange for its repair or replacement by department personnel or by a
				contractor.
(2) The department
				shall document all of the repair or replacement cost incurred including, but
				not limited to:
a. Disposal of remaining
				debris.
b. Review and inspection of
				damaged facility.
c. Preparation of
				design plans.
d. Material and
				equipment used by the department.
e. Costs paid to private
				contractors.
f. Costs paid to
				another jurisdiction for a detour route when a highway closure is
				required.
g. Traffic control costs
				incurred during the inspection, repair or replacement.
h. Labor costs incurred by the department,
				including labor additive.
Iowa Administrative Code › Agency 761 - Transportation Department › General › Chapter 40 - Recovery of Damages to Highways or Highway Structures › Rule 761-40.6 - Recovery of Damages

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				department shall investigate to determine the person(s) responsible for the
				damages pursuant to Iowa Code section
				321.475.
(2) The department shall summarize the repair
				or replacement costs and submit the claim to the person(s) responsible for the
				damage.
(3) The department may seek
				recovery through civil court action.
(4) Collections for recovery of damages shall
				be deposited in the primary road fund.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 101 - Farm-to-market Review Board › Rule 761-101.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of these procedural rules is to formalize the
				  process by which the farm-to-market review board, created by Iowa Code section
				  306.6,
				  will administer its duties.
(1) Iowa
				Code section
				306.6
				requires the farm-to-market review board to make final administrative decisions
				based on sound farm-to-market road system designation principles for all
				modifications relative to the farm-to-market road system.
(2) Iowa Code section
				306.6A
				requires the farm-to-market review board to adopt procedural rules for
				modifications to the existing farm-to-market road system and designation of
				farm-to-market routes on new alignment. These rules implement this
				requirement.
(3) Iowa Code section
				306.5
				states that the farm-to-market road system shall be a continuous,
				interconnected system and that provision shall be made for continuity by the
				designation of extensions within municipalities, state parks, state
				institutions, other state lands, and county parks and conservation
				areas.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 101 - Farm-to-market Review Board › Rule 761-101.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Area service roads "
or
"local roads
				  "
or
"local road system "
means those secondary roads
				  that are not a part of the farm-to-market road system.
"Board"
means the farm-to-market review
				  board.
"Executive board"
means the Iowa county
				  engineers association executive board.
"Farm-to-market extensions"
means extensions
				  of the farm-to-market road system within municipalities, state parks, state
				  institutions, other state lands, and county parks and conservation areas. The
				  mileage of these extensions of the system shall be included in the total
				  mileage of the farm-to-market road system.
"Farm-to-market roads"
or
"farm-to-market road system"
means those county jurisdiction
				  intracounty and intercounty roads which serve principal traffic generating
				  areas and connect such areas to other farm-to-market roads and primary roads.
				  The farm-to-market road system includes those county jurisdiction roads
				  providing service for short-distance intracounty and intercounty traffic or
				  providing connections between farm-to-market and area service roads, and
				  includes those secondary roads which are federal aid eligible. The
				  farm-to-market road system shall not exceed 35,000 miles.
"President"
means the president of the Iowa
				  county engineers association.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 101 - Farm-to-market Review Board › Rule 761-101.3 - Composition and Membership of the Farm-to-market Review Board

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				farm-to-market review board shall be composed of 12 county engineers selected
				by the Iowa county engineers association. Two members shall be selected from
				each district to serve staggered terms. After the first complete term rotation
				as shown below, the members shall serve six-year terms. Rotations shall be
				staggered so that no more than one-sixth of the membership is rotated off the
				board in any one year. The rotation of board members shall further provide that
				two members from one district will not be rotated off the board in the same
				year, and that their rotations will be varied by three years. Board rotation
				shall be as follows and shall be extended in future years in the same pattern:
Year
Rotation
2015
District 1 Representative A
District 4 Representative A
2016
District 2 Representative A
District 5 Representative A
2017
District 3 Representative A
District 6 Representative A
2018
District 1 Representative B
District 4 Representative B
2019
District 2 Representative B
District 5 Representative B
2020
District 3 Representative B
District 6 Representative B
(2)
				Members shall be nominated by their districts and approved by the executive
				board. A county engineer may serve multiple, consecutive terms if so nominated
				by the county engineer's district. If a county engineer is unable to complete a
				term for any reason, the president shall select another county engineer within
				the district to serve the balance of the term.
(3) The farm-to-market review board shall
				select from its membership a chair and a vice-chair to serve one-year terms.
				The chair serves at the pleasure of the board and may be elected to multiple
				terms as deemed appropriate by the board. The vice-chair shall preside at a
				meeting in the absence of the chair.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 101 - Farm-to-market Review Board › Rule 761-101.4 - Collection of System Modification Requests and Frequency of Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department
				of transportation will collect applications for modifications to the
				farm-to-market road system. The board chair shall schedule meetings of the
				board. In general, the farm-to-market review board shall meet in conjunction
				with statewide meetings of the Iowa state association of counties and Iowa
				county engineers association to review accumulated applications for
				farm-to-market road system modifications. Applications must be filed no less
				than 30 days prior to each scheduled board meeting. Additional board meetings
				shall be called as determined by the chair.
(2) The farm-to-market review board is
				required to follow the provisions of Iowa Code chapter 21 with regard to open
				meetings. The chair shall post a meeting agenda on the Iowa County Engineers
				Association Service Bureau Web site and send copies of the agenda to all
				counties.
(3) Minutes of each
				meeting shall be kept; the chair shall be responsible for the minutes. Meetings
				may be recorded to facilitate the preparation of meeting minutes, but any
				recordings made shall not be retained after the minutes have been
				completed.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 101 - Farm-to-market Review Board › Rule 761-101.5 - Procedure for Requesting Modifications to the Farm-to-market Road System

Current through Register Vol. 47, No. 3, July 24, 2024
To apply for a modification to the farm-to-market road
				  system, a county must file an application through the department of
				  transportation.
(1) The application
				must include the following:
a. A copy of a
				resolution of the county board of supervisors requesting the modification to
				the existing farm-to-market road system. Farm-to-market modifications may
				include proposed roads, redesignation of area service roads, or transfers of
				jurisdiction.
b. A report of the
				county engineer explaining and justifying the addition of new mileage to the
				farm-to-market road system or the change in the route or farm-to-market
				classification proposed by the county.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 101 - Farm-to-market Review Board › Rule 761-101.6 - Review Criteria for Determining Eligibility for Inclusion of Additional Roads Into the Farm-to-market Road System

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The farm-to-market review board shall
				make final administrative determinations based on sound farm-to-market road
				system designation principles for all modifications relative to the
				farm-to-market road system.
(2) The
				board shall consider the following factors in making decisions to modify the
				farm-to-market road system:
a. Intracounty
				and intercounty continuity of systems.
b. Properly integrated systems.
c. Existing and potential traffic.
d. Land use.
e. Location of the route.
f. Equitable distribution of farm-to-market
				mileage.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 101 - Farm-to-market Review Board › Rule 761-101.7 - Voting and Approval of Requested Modifications

Current through Register Vol. 47, No. 3, July 24, 2024
Each member is a voting member and is eligible to vote at
				  every meeting at which that member is in attendance. Attendance may include
				  members being present at the meeting through a conference telephone call, Iowa
				  communications network connection, or other electronic means deemed appropriate
				  by the chair.
(1)
Determination of a quorum.
A minimum of eight board members is
				required for a quorum. If a quorum is not present at a meeting, the meeting
				shall be rescheduled.
(2)
Number of votes needed to approve or deny a modification.
For
				a requested modification to the farm-to-market road system to be approved, it
				must receive a minimum of seven affirmative votes; in other words, a majority
				of the entire board. A motion to deny a requested modification need only
				receive six votes for the denial to be approved.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 101 - Farm-to-market Review Board › Rule 761-101.8 - Report of Board Decision to Applicant County

Current through Register Vol. 47, No. 3, July 24, 2024
Within 30 calendar days after a board meeting, the chair
				  shall send a letter to each county whose request was acted upon by the board at
				  the meeting. The letter shall apprise each applicant of the decision of the
				  farm-to-market review board, briefly explain the reasons for the board's
				  decision, and explain the reapplication and judicial review
				  processes.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 101 - Farm-to-market Review Board › Rule 761-101.9 - Reapplication for Modification

Current through Register Vol. 47, No. 3, July 24, 2024
A county may reapply for a modification to the farm-to-market
				  road system if its initial request is denied. The county must again follow all
				  provisions for requesting a modification and should be prepared to present
				  additional information in support of the requested change. Any requested system
				  modification that receives two denials may not be resubmitted for consideration
				  for a minimum of three years.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 101 - Farm-to-market Review Board › Rule 761-101.10 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Any county that is aggrieved or adversely affected by a
				  decision of the farm-to-market review board may seek judicial review of such
				  agency action under the provisions of Iowa Code section
				  17A.19.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 101 - Farm-to-market Review Board › Rule 761-101.12 - Severability Clause

Current through Register Vol. 47, No. 3, July 24, 2024
If any section, provision, or part of these rules is adjudged
				  invalid or unconstitutional, such adjudication shall not affect the validity of
				  these rules as a whole or any section, provision, or part thereof not adjudged
				  invalid or unconstitutional.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 102 - Secondary Road Fund Distribution Committee › Rule 761-102.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of these rules is to adopt the formulas to be
				  used for distribution of moneys in the secondary road fund and the
				  farm-to-market road fund and to formalize the process by which the secondary
				  road fund distribution committee will administer its duties.
(1) Iowa Code section
				312.3C
				creates a secondary road fund distribution committee and requires the committee
				to be comprised of representatives appointed by the president of the Iowa
				County Engineers Association, the president of the Iowa State Association of
				County Supervisors, and the department of transportation.
(2) Iowa Code section
				312.3C
				requires the secondary road fund distribution committee to:
a. Determine the methodology to be used for
				distribution of moneys in the secondary road fund and the farm-to-market road
				fund.
b. Adopt rules to govern the
				determination and modification of the methodology to be used for distribution
				of moneys in the secondary road fund and the farm-to-market road
				fund.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 102 - Secondary Road Fund Distribution Committee › Rule 761-102.2 - Formulas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
As used in this chapter:
"Bridges "
means those structures under the
				  jurisdiction of a county secondary roads department which are included in the
				  National Bridge Inventory System.
"Daily vehicle miles of travel"
means the
				  product of a road segment's length, in miles, multiplied by the daily traffic
				  count thereon, in vehicles per day, reported for that segment by the Iowa
				  department of transportation, based on the most recent counts available.
"Earth surfaced"
means roads under the
				  jurisdiction of a county secondary roads department which are not
				  surfaced.
"Formula "
means the appropriate secondary
				  road fund distribution formula or farm-to-market road fund distribution formula
				  as defined in subrules 102.2(2) and 102.2(3).
"Granular surfaced"
means roads under the
				  jurisdiction of a county secondary roads department which have crushed rock,
				  gravel, or oiled earth surfaces.
"Paved surfaced"
means roads under the
				  jurisdiction of a county secondary roads department with hot mix asphalt,
				  Portland cement concrete, or stabilized base with waterproof surfacing.
"Rural population "
means the count, taken
				  from the most recently certified decennial federal census, of persons who
				  reside in the unincorporated areas of a county.
(2)
Formula for determining secondary
				road fund allocation factors.
The Iowa County Engineers Association
				Service Bureau shall annually compute percentage allocation factors for the
				allocation of secondary road fund revenues among the counties by calculating
				and summing the following percentage subtotals for each county:
a. Thirty percent times the ratio that the
				total area of each county bears to the total area of the state.
b. Ten percent times the ratio that the rural
				population of each county bears to the total rural population of the
				state.
c. Twelve and one-half
				percent times the ratio that the total daily vehicle miles of travel on each
				county's secondary roads bears to the total daily vehicle miles of travel on
				all secondary roads in the state.
d. One-half percent times the ratio that the
				earth-surfaced miles of secondary roads of each county bears to the total miles
				of earth-surfaced secondary roads in the state.
e. Twenty percent times the ratio that the
				granular-surfaced miles of secondary roads of each county bears to the total
				miles of granular-surfaced secondary roads in the state.
f. Thirteen percent times the ratio that the
				paved-surfaced miles of secondary roads of each county bears to the total miles
				of paved-surfaced secondary roads in the state.
g. Fourteen percent times the ratio that the
				length, in lineal feet, of secondary road bridges of each county bears to the
				total length of secondary road bridges in the state.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 102 - Secondary Road Fund Distribution Committee › Rule 761-102.5 - Composition and Membership of the Secondary Road Fund Distribution Committee

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				secondary road fund distribution committee shall be composed of six county
				engineers, six county supervisors, two representatives of the department of
				transportation, and the executive director of the Iowa County Engineers
				Association Service Bureau.
(2) The
				county engineers shall be appointed by the president of the Iowa County
				Engineers Association, the county supervisors shall be appointed by the
				president of the Iowa State Association of County Supervisors, and the
				department of transportation representatives shall be appointed by the
				department of transportation.
(3)
				The county engineer members and the county supervisor members shall be selected
				according to the population of their counties, as follows:
a. Two county engineers and two county
				supervisors from large counties.
b.
				Two county engineers and two county supervisors from medium counties.
c. Two county engineers and two county
				supervisors from small counties.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 102 - Secondary Road Fund Distribution Committee › Rule 761-102.6 - Terms of Office and Rotation of Seats

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Committee members shall serve six-year
				terms. Terms of office shall begin on January 1 in the year of appointment and
				expire on December 31 in the year of expiration. Members may be reappointed to
				serve consecutive terms.
(2)
				Rotations shall be staggered so that no more than two county members are
				rotated off the committee in any single year.
(3) As terms expire, the incumbents may be
				reappointed or replaced.
(4) If a
				committee member is unable to complete a term of office for any reason, a
				replacement member of the same class (county engineer or county supervisor) and
				from the same group (a large, medium or small county) shall be appointed to
				serve the balance of the term.
(5)
				The committee shall select from its membership a chair and a vice-chair to
				serve one-year terms. The chair and vice-chair serve at the pleasure of the
				committee and may be elected to multiple terms as the committee deems
				appropriate. The vice-chair shall preside at a meeting in the absence of the
				chair.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 102 - Secondary Road Fund Distribution Committee › Rule 761-102.7 - Committee Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
Committee meetings shall be held at the call of the chair or
				  when two committee members so request. Committee meetings shall be conducted in
				  accordance with Iowa Code chapter 21. Committee meetings may be held
				  electronically, in accordance with Iowa Code section
				  21.8. The
				  committee shall meet at least once annually.
(1) Each county member is a voting member and
				is eligible to vote at every committee meeting the member attends. Attendance
				may include members who are present at the meeting electronically through a
				telephone conference call, an Iowa communications network connection or other
				electronic means deemed appropriate by the chair.
(2) A minimum of eight voting members is
				required for a quorum. If a quorum is not present at a meeting, the meeting
				shall be rescheduled.
(3) A
				majority of voting members shall be required to pass ordinary items of
				business.
(4) A resolution to
				propose a new or modified secondary road fund distribution formula or
				farm-to-market road fund distribution formula shall require ten affirmative
				votes.
(5) A resolution to adopt,
				amend or rescind administrative rules shall require ten affirmative
				votes.
(6) In addition to the
				requirements of Iowa Code chapter 21, the chair shall post meeting agendas on
				the Iowa County Engineers Association Web site and the Iowa State Association
				of County Supervisors Web site and shall send copies of agendas to all county
				engineers and to all county auditors for distribution to supervisors.
(7) Minutes of each meeting shall be kept;
				the presiding chair shall be responsible for the minutes. Minutes of a meeting
				shall be presented to the committee for approval at its next meeting. The chair
				shall post approved minutes on the Iowa County Engineers Association Web site
				and the Iowa State Association of County Supervisors Web site and shall file
				the minutes with the office of systems planning of the department of
				transportation.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 102 - Secondary Road Fund Distribution Committee › Rule 761-102.10 - Considerations for a New or Modified Distribution Formula

Current through Register Vol. 47, No. 3, July 24, 2024
A distribution formula that is proposed in accordance with
				  rule
				  761-102.11
				  (312) should substantially meet the following objectives:
1. Funding levels to counties should be
				relatively stable, with only small changes occurring from year to
				year.
2. The formula should be able
				to factor in changes in population, mileages, the centerline lineal feet of
				bridges, and traffic levels as they occur over time, without needing to be
				revised.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 102 - Secondary Road Fund Distribution Committee › Rule 761-102.11 - Process for Approval of a New or Modified Distribution Formula

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Proposals to
				adopt a new or modified distribution formula may be initiated by the committee
				itself or by the executive board of either the Iowa county engineers
				association or the Iowa state association of county supervisors upon request to
				the committee.
(2) When a formula
				change has been initiated or requested, the committee shall meet, establish a
				work plan, and set up a work schedule.
(3) The committee shall conduct such studies,
				research, development, and testing as are required to evaluate the proposal and
				shall, within 18 months after initiation or receipt of the proposal, publish an
				official report outlining the committee's findings and
				recommendations.
(4) If the
				official report recommends adoption of a new or modified distribution formula,
				the chair shall communicate the details of the committee's recommendations to
				all county engineers, all county supervisors and the department of
				transportation in such a manner as the committee deems appropriate. This
				communication shall solicit comments on the committee's
				recommendations.
(5) After receipt
				and consideration of comments from counties, the committee may adopt a
				resolution that formally proposes a distribution formula and places it into
				official consideration.
(6) The
				chair shall forward the resolution to the executive boards of both the Iowa
				county engineers association and the Iowa state association of county
				supervisors, with a request for endorsement of the proposed distribution
				formula.
(7) If both executive
				boards endorse the proposed distribution formula, the chair shall request each
				individual county to consider and adopt a resolution in favor of or in
				opposition to the proposed distribution formula.
(8) If at least 66 counties adopt resolutions
				in favor of the proposed distribution formula, the distribution formula is
				adopted without further committee action.
(9) The chair shall notify the following
				organizations and groups when the distribution formula has been adopted:
a. The executive board of the Iowa county
				engineers association.
b. The
				executive board of the Iowa state association of county supervisors.
c. The office of systems planning of the
				department of transportation.
d.
				The office of the treasurer of state.
e. All county engineers and county
				supervisors.
f. The Iowa county
				engineers association service bureau.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 102 - Secondary Road Fund Distribution Committee › Rule 761-102.12 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Any county that is aggrieved or adversely affected by a
				  decision of the secondary road fund distribution committee may seek judicial
				  review of such agency action under the provisions of Iowa Code section
				  17A.19.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 102 - Secondary Road Fund Distribution Committee › Rule 761-102.13 - Severability Clause

Current through Register Vol. 47, No. 3, July 24, 2024
If any section, provision, or part of these rules is adjudged
				  invalid or unconstitutional, such adjudication shall not affect the validity of
				  these rules as a whole or any section, provision, or part thereof not adjudged
				  invalid or unconstitutional.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 105 - Holiday Rest Stops › Rule 761-105.2 - General

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Holiday
				rest stop.
A holiday rest stop is a location where a nonprofit
				organization or group serves free refreshments to motorists during holiday
				periods to provide a break from driving monotony, promote safer driving, and
				reduce the potential for highway accidents.
(2)
Free refreshments.
Free
				refreshments means water, coffee, cookies, any nonintoxicating, noncarbonated
				beverage which is not already bottled or canned, doughnuts, or baked dessert
				goods.
(3)
Holiday
				periods.
Holiday periods shall be limited to:
a. Memorial Day weekend and Labor Day
				weekend, starting at noon on the preceding Friday and ending at midnight
				between Monday and Tuesday of the holiday weekend.
b. The period surrounding Independence Day,
				starting at noon on July 1 and ending at midnight between July 6 and July
				7.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 105 - Holiday Rest Stops › Rule 761-105.3 - Conditions

Current through Register Vol. 47, No. 3, July 24, 2024
The sponsor of a holiday rest stop shall comply with the
				  following general conditions:
(1) The
				sponsor shall not request or accept payment for the refreshments served. The
				sponsor may accept voluntary donations using containers clearly labeled with a
				sign stating "donations." If donation containers are used, the sponsor shall
				place signs within the immediate area of the operation at locations designated
				by the department stating "free refreshments."
(2) The sponsor shall not distribute any
				literature or other promotional material.
(3) Rescinded IAB 4/3/02, effective
				5/8/02.
(4) The sponsor shall clean
				up the area and remove all signs it has erected promptly after the holiday rest
				stop is discontinued.
(5) Parking
				shall not be permitted on the highway shoulders.
(6) The sponsor shall agree to save the
				department of transportation and the state of Iowa harmless from any liability
				that may result from the directing of traffic to the holiday rest stop area,
				and as a result of changes of traffic patterns caused by the activities of the
				sponsor in or about the holiday rest stop area, and all other liability related
				to the operation of the special holiday rest stop and the refreshments
				provided.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 105 - Holiday Rest Stops › Rule 761-105.4 - Holiday Rest Stops on Interstate Highways

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Site.
A holiday rest
				stop along an interstate highway shall be located in an established interstate
				rest area. The department shall designate an appropriate spot within the rest
				area for the holiday rest stop. The sponsor shall not use the rest area
				restroom building or welcome center buildings for the purposes of the holiday
				rest stop. The sponsor may use the information kiosk where available. A tent or
				canopy may be used in areas without a kiosk during inclement weather. Running
				water is available at each rest area. The department will provide electricity
				if requested.
(2)
Signs.
a. The sponsor shall
				not place any signs directing highway traffic to the holiday rest stop. The
				sponsor shall not place any signs for the holiday rest stop along the
				interstate highway or interchange ramps. The department shall place signs
				stating "free refreshments" adjacent to the interstate highway and shall remove
				these signs when the holiday rest stop is discontinued.
b. The sponsor is responsible for any signs
				posted at the actual holiday rest stop site. Signs provided or placed by the
				sponsor shall not include any advertising but may include the sponsor's name.
				Signs shall not be mounted on objects (including vehicles) that contain the
				name of any organization or individual except the sponsor. The sponsor shall
				remove all signs it has erected promptly after the holiday rest stop is
				discontinued.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 105 - Holiday Rest Stops › Rule 761-105.5 - Holiday Rest Stops on Primary Highways

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Site.
The proposed site
				of a holiday rest stop along a noninterstate primary highway will be inspected
				by the department to ensure it meets the following requirements:
a. The site shall be large enough to provide
				parking space for at least 15 vehicles and located so that all parked vehicles
				will be at least 50 feet from the edge of the traveled way of the primary
				highway.
b. An access drive from
				the primary highway shoulder to the parking area shall have a top width of at
				least 20 feet and shall provide a clear view of the primary highway for at
				least 900 feet in each direction.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 106 - Promotion of Iowa Agricultural Products at Rest Areas › Rule 761-106.3 - Information

Current through Register Vol. 47, No. 3, July 24, 2024
General information regarding agricultural promotions at
				  interstate rest areas is available from the Maintenance Bureau, Iowa Department
				  of Transportation, 800 Lincoln Way, Ames, Iowa 50010, or the department's
				  website at
www.iowadot.gov
.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 106 - Promotion of Iowa Agricultural Products at Rest Areas › Rule 761-106.4 - Request

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A request to
				promote an Iowa agricultural product at an interstate rest area shall be made
				on Form 810059. This form is available from the maintenance bureau or the
				department's website.
a. The sponsor of the
				promotion must be an organization that promotes products grown or raised in
				Iowa.
b. The request shall include
				the name and address of the requesting organization, a detailed description of
				the proposed Iowa agricultural product promotion, and the requested hours of
				operation.
c. The request shall be
				submitted to the maintenance bureau.
d. The request must be submitted at least 30
				days prior to the beginning date of the promotional period and shall be
				accepted up to six months in advance.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 106 - Promotion of Iowa Agricultural Products at Rest Areas › Rule 761-106.5 - Time Frame

Current through Register Vol. 47, No. 3, July 24, 2024
Promotions shall be allowed only during daylight hours.
				  Promotions shall be allowed year-round except for the following holiday
				  periods:
1. Memorial Day weekend and
				Labor Day weekend, starting at noon on the preceding Friday and ending at
				midnight between Monday and Tuesday of the holiday weekend.
2. The period surrounding Independence Day,
				starting at noon on July 1 and ending at midnight between July 6 and July
				7.
3. The period surrounding
				Thanksgiving starting at noon the day before Thanksgiving and ending at
				midnight between Sunday and Monday of the holiday weekend.
4. The period surrounding Christmas starting
				at noon on December 23 and ending at midnight between December 26 and December
				27.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 106 - Promotion of Iowa Agricultural Products at Rest Areas › Rule 761-106.6 - Conditions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Signs.
a. The sponsor shall
				not place any signs directing highway traffic to the promotion, nor shall it
				place any signs for the promotion along the interstate highway or interchange
				ramps.
b. The sponsor may provide
				two signs approximately 4 feet by 4 feet announcing the promotion. If the signs
				meet the department's specifications, the signs shall be installed by the
				department, not by the sponsor. The department shall remove these signs when
				the promotion is over.
Iowa Administrative Code › Agency 761 - Transportation Department › Highways › Chapter 106 - Promotion of Iowa Agricultural Products at Rest Areas › Rule 761-106.7 - Site Location

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall designate an appropriate spot within the
				  interstate rest area for the promotion. The sponsor shall not use the rest area
				  restroom building or welcome center buildings for the purposes of the
				  promotion. The sponsor may use the information kiosk where available. A tent or
				  canopy may be used in areas without a kiosk during inclement weather. Running
				  water is available at each rest area. The department will provide electricity
				  to the first sponsor if requested. However, electrical outlets are limited and
				  may not be available to additional sponsors.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 111 - Real Property Acquisition and Relocation Assistance › Rule 761-111.1 - Acquisition and Relocation Assistance Manual

Current through Register Vol. 47, No. 3, July 24, 2024
The September 2017 edition of Section II of the manual
				  entitled "Uniform Manual, Real Property Acquisition and Relocation Assistance"
				  is adopted by reference.
(1)
Contents.
Section II establishes uniform rules and procedures
				that comply with Iowa law and the Federal Uniform Relocation Act for the
				acquisition of real property and for the provision of relocation assistance to
				persons who are displaced from real property as a result of programs and
				projects.
Relocation assistance is not compensation for real property
				  acquired nor is it compensation for damages to remaining property. Rather,
				  relocation assistance is assistance and compensation provided to a displaced
				  person for making the move and relocating.
(2)
Applicability.
a. In general, Section II applies to any
				program or project that involves the acquisition of real property or that
				causes a person to be a displaced person if the program or project:
(1) Is undertaken with federal financial
				assistance, or
(2) Is a road or
				street program or project undertaken with state financial assistance from the
				primary road fund, including primary road funds allocated for state park and
				institutional roads, or
(3) Is a
				public road or highway eligible for federal aid.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 112 - Primary Highway Access Control › Rule 761-112.1 - Scope and Contact Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Statement of policy.
All primary highways are controlled
				access facilities. The efficiency and safety of a highway depend to a large
				extent upon the amount and character of interruptions to the movement of
				traffic. The primary cause of these interruptions is vehicular movement to and
				from public roadways, businesses, residences, and other developments along the
				highway. Regulation and overall control of highway access are necessary to
				provide efficient and safe highway operation and to utilize the full potential
				of the highway investment. Each highway access connection should be located and
				designed to achieve the least adverse impact to traffic operations and public
				safety. Accordingly, the department hereby establishes rules for control of
				access for all primary highways.
(2)
Contact information.
Information regarding this chapter may be obtained from the department's
				website at:
www.iowadot.gov
; any of
				the department's six district offices; or the Traffic and Safety Bureau, Iowa
				Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 112 - Primary Highway Access Control › Rule 761-112.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following terms, when used in this chapter, shall have
				  the following meanings unless the context otherwise requires:
"Access"
means a way or means of egress or
				  ingress to a highway.
"Access connection"
means any point of motor
				  vehicle ingress or egress from or to a highway. It is the physical connection
				  between the edge of the traveled way and the abutting property and is exclusive
				  of the roadway and median.
"Average annual daily traffic"
or
"AADT"
means the total volume of traffic passing a point or
				  segment of a highway facility in both directions for one year divided by the
				  number of days in the year.
"Functional area"
includes any area upstream
				  or downstream of an intersection where intersection operation and conflicts
				  significantly influence driver behavior and vehicle operations. The functional
				  area of an intersection is a calculated value based on the intersection's
				  geometrics, posted speed limit, traffic volume, type of traffic control used
				  and perception-reaction-time values determined by the American Association of
				  State Highway and Transportation Officials.
"Highway"
means the same as "street" or
				  "highway" as defined in Iowa Code section
				  321.1(78).
"Intersection"
means the same as defined in
				  Iowa Code section
				  321.1(33).
"Necessity"
means the access is required or
				  indispensable to the property because of circumstances that cannot be
				  sufficiently mitigated by other means. Proof of necessity refers to documents,
				  data, maps and other information submitted to illustrate and verify the claim
				  of necessity.
"Primary highway"
means a highway that is
				  under department jurisdiction.
"Ramp"
means a special lane, usually a short
				  section of one-way roadway, which provides an access connection between two
				  roads to enter or exit a major highway. The term "ramp" includes but is not
				  limited to entrance ramps, roadway ramps, loop roads and collector-distributor
				  roads.
"Roadway"
means the same as defined in Iowa
				  Code section
				  321.1(65).
				  A divided highway has two or more roadways.
"Traveled way"
means the portion of a
				  roadway used for the through movement of vehicles, excluding shoulders, gutters
				  and auxiliary turn lanes.
"Trip"
means a single or one-directional
				  vehicle movement. A vehicle leaving the highway and entering a property is one
				  trip, and the vehicle leaving the property and entering the highway is a second
				  trip.