Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 112 - Primary Highway Access Control › Rule 761-112.7 - Access Construction

Current through Register Vol. 47, No. 3, July 24, 2024
This rule sets criteria for the construction of access
				  connections.
(1)
Overall
				stipulations.
a. Unless part of a
				public construction project, the construction of the access and its
				appurtenances as stated in the terms and conditions of the permit shall be
				completed at the expense of the permittee.
b. The access connection shall be constructed
				according to the department's standards and specifications. The applicant will
				be provided with the necessary standards and specifications with the issued
				permit.
c. The access shall be
				completed in an expeditious and safe manner and shall be finished within 30
				days from initiation of construction within the highway right-of-way unless
				otherwise stated on the access permit.
d. The department may restrict work within
				the highway right-of-way, restrict lane closure periods and require preapproval
				of all aspects of construction phasing and traffic control. The permittee shall
				provide work zone traffic control at all times during access construction. Work
				in the highway right-of-way is not allowed on legal holidays, at night, during
				peak traffic hours or during adverse weather conditions without specific
				department permission.
e. Any
				damage to the primary highway, appurtenances or any utility or any permitted
				private encroachment shall be repaired immediately at the direction of the
				affected owner. All costs associated with repair or relocation will be borne by
				the permittee. If a survey monument is modified or damaged, repair and
				replacement shall be done at the direction of the owner of the
				monument.
f. The relocation,
				removal or modification of any traffic control device or public or private
				utilities shall be accomplished by the permittee without cost to the department
				or utility and at the direction of the department or utility owner. A
				department utility permit shall be obtained for utility work within highway
				right-of-way.
g. An access permit
				may require installation of traffic control features or devices, but such
				requirements do not create any type of private interest in such features.
				Traffic control features and devices in the right-of-way, such as traffic
				signals, channelizing islands, medians, median openings, and turn lanes are
				operational and safety characteristics of the highway and are not means of
				private access. The department may install, remove or modify any traffic
				control feature or device in the right-of-way to promote traffic safety or
				efficient traffic operations.
h.
				The department is not obligated to permit or approve any connection, traffic
				control feature or device or any other site-related improvement that has been
				specified in a development approval process separate from the permitting
				criteria and approval process described in this chapter.
i. If any construction element of the
				permitted access fails within three years following construction, the permittee
				shall be responsible for all repairs. Failure to make such repairs may result
				in suspension of the permit and closure of the access.
j. The property owner or occupants are
				responsible for maintaining the access. Where the access connection has a paved
				surface, the property owner or occupants are responsible for maintaining the
				access connection from the paved edge of the roadway to the right-of-way line.
				Where the access connection does not have a paved surface, the property owner
				or occupants are responsible for maintaining the access from the outer shoulder
				line of the roadway to the right-of-way line. The department is not responsible
				for the removal of debris, snow or ice on the access, including debris
				deposited by the department during maintenance operations.
k. Drainage structures located along the
				highway are maintained by the department except for concrete box culverts and
				bridges constructed by the property owner for access to the property, which
				shall be maintained by the property owner or occupants.