Iowa Administrative Code

103.4(1) Proposals to adopt a new or modified distribution formula may be initiated by the executive board of either the Iowa county engineers association or the Iowa state association of county supervisors upon request to the commission. 103.4(2) When a formula change has been i…

commission may seek judicial review of such agency action under the provisions of Iowa Code section 17A.19. [ARC 9128C, IAB 4/16/25, effective 5/21/25]

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. [ARC 9128C, IAB 4/16/25, effective 5/21/25] These rules are intended to implement Iowa Code sections 7E…

approving requests for rest stops on primary and interstate highways during holiday periods. [ARC 8780C, IAB 1/8/25, effective 2/12/25]

105.2(1) Definitions. “Free refreshments” means the same as defined in Iowa Code section 314.27. “Holiday periods” means the same as defined in Iowa Code section 314.27. “Holiday rest stop” means a location where a sponsor serves free refreshments to motorists during holiday peri…

conditions: 105.3(1) 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 the sponsor uses donation containers, the sponsor needs to place signs within the immedi…

105.4(1) Site. a. A holiday rest stop along an interstate highway shall be in an established interstate rest area. Running water is available at each rest area. The department will provide electricity if requested. b. The proposed site of a holiday rest stop along a primary highw…

11.1(1) Purpose. The purpose of this chapter is to establish a general process for granting waivers from the requirements of department rules in accordance with Iowa Code section 17A.9A. 11.1(2) Scope. This chapter does not: a. Preclude the granting of waivers using another proce…

11.2(1) Petitioner. Any person with a real and direct interest in the matter may petition the department for a waiver from the requirements of a rule. 11.2(2) Form of petition. A petition for a waiver from the requirements of a rule must be in writing and state clearly at the top…

11.3(1) The director may, in response to a written petition submitted in accordance with rule 761—11.2(17A), grant a waiver from the requirements of a rule. The decision to grant a waiver is made at the sole discretion of the director and is final agency action. 11.3(2) The follo…

opportunity for hearing, modify or cancel a waiver granted pursuant to this chapter if the director finds any of the following: 1. A material fact upon which the waiver is based is not true or has changed. 2. The petitioner withheld or knowingly misrepresented a material fact rel…

11.5(1) All records relating to waivers granted or denied under this chapter are open records. However, if a record contains personal information that is confidential, only the portion of the record that is nonconfidential will be made available for public inspection. 11.5(2) The…

II of the manual entitled “Uniform Manual, Real Property Acquisition and Relocation Assistance” is adopted by reference. 111.1(1) Contents. Section II establishes uniform rules and procedures that comply with Iowa law and the Federal Uniform Relocation Act for the acquisition of …

112.1(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 mo…

“Access” means a way or means of egress from or ingress to a highway. “Access connection” means any point of motor vehicle ingress to or egress from a highway. It is the physical connection between the edge of the traveled way and the abutting property and is exclusive of the roa…

primary highway: 112.3(1) Access connection construction activity on a highway shall not begin until an access permit has been issued by the department. 112.3(2) A new access permit is required when there will be a change in use of the access connection. A change in access use in…

public right-of-way for the construction, reconstruction or modification of an access connection or any of its related appurtenances. 112.4(1) Application for an access permit. a. To obtain an access permit, applicants will use the web-based system found at eps.iowadot.gov. If th…

connections according to highway function, design, traffic volumes, speed and roadside conditions. 112.5(1) General. a. The department will assign access categories to all highways according to the descriptions in subrule 112.5(3). b. There are no minimum or maximum distance crit…

connections to primary highways. 112.6(1) Each access connection authorized must be located and designed in accordance with this rule. Terms and conditions for location, design, construction and use of the access connection shall be established by permit. 112.6(2) The priority of…

112.7(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 must be constructe…

112.8(1) The permittee shall provide, at the permittee’s expense, drainage structures for access connections that will become an integral part of the existing drainage system. 112.8(2) The type, size and condition of the drainage structures provided by the permittee must meet the…

112.9(1) It is the responsibility of the property owner and permittee to ensure that the access is not in violation of this chapter or the terms and conditions of the permit. 112.9(2) When an authorized access is constructed or used in violation of this chapter or the terms and c…

115.1(1) Purpose. This chapter covers the requirements needed for placement, adjustment and maintenance of utility facilities in, on, above or below the rights-of-way of primary roads to ensure the safety of the road user and the integrity of the road. 115.1(2) Contact informatio…

115.10(1) Conformance to standards. The vertical clearance for overhead utility facilities and the lateral and vertical clearances for bridges are to conform to generally accepted industry standards as well as applicable codes and regulations. 115.10(2) Minimum vertical clearance…

115.11(1) Department determination. Utility facilities may be attached to an existing primary road bridge if the department determines that the attachment is in the best interests of the public. The department may accommodate utility facility attachments or conduits in the depart…

115.12(1) Depth requirements. a. Minimum cover—roadway. The minimum required cover under a roadway is 48 inches below the bottom of the pavement. b. Minimum cover—waterways. A minimum of 10 feet of cover below the flowline is required under waterways at the time of placement unle…

115.13(1) Access to utility facilities occupying freeway rights-of-way. a. Except for emergency work, access to utility facilities during utility construction or maintenance activities is to be obtained from the areas other than the freeway or its ramps. More information is conta…

115.14(1) Interchange areas. a. Utility facilities may not be placed within the interchange area of intersecting freeways unless they are road-related. b. In other interchange areas, the department may permit occupancy if access to the utility facility can be obtained from areas …

[ARC 9265C, IAB 5/14/25, effective 6/18/25]

115.16(1) Location. Longitudinal utility facility installations should be located on uniform alignment as near as practical to the right-of-way line to provide a safe environment for traffic operations and to preserve space for future road improvements and other utility installat…

115.17(1) Maintenance responsibilities. The utility owner is responsible for utility facility maintenance. The utility owner is to: a. Maintain the utility facility in a good state of repair. b. Replace and stabilize all earth cover and vegetation where erosion has occurred over …

115.18(1) Ownership. Ownership remains in place for a utility facility declared abandoned or out-of- service. To facilitate utility investigations for future primary road projects, the location of abandoned and out-of-service utility facilities should be maintained in the utility…

“511” means a traveler information system that provides real-time updates about weather-related road conditions, road work, commercial vehicle restrictions, road closures and other events that impact traffic via the phone or Internet. “Abandoned” or “abandonment” means the decisi…

adjustments made necessary by primary road improvement projects pursuant to Iowa Code section 306A.10, including information exchange and the responsibilities of the department, utility owners, and the department’s contractor. The purpose of these procedures is to adjust utility …

115.21(1) Depicting utility information. The department will use collected information to list all known utility owners within the vicinity of a proposed primary road project and include the utility owners’ utility facility locations on the project plans in accordance with depart…

115.22(1) Preparation of semifinal plan. When preparing the semifinal plan, the department should review information provided by utility owners in response to the preliminary plan that was received within the requested time frame and implement recommended changes when feasible. T…

115.23(1) Notice of receipt of permits and approvals. The utility owner shall notify the department within 14 calendar days after the utility owner has received all required permits and approvals from government agencies and railroad companies. 115.23(2) Notice to utility owner t…

1. Projects the department develops on an accelerated schedule. 2. Projects with no anticipated utility adjustments. 115.19(1) Adjustment of facilities. If, despite making reasonable efforts to avoid or minimize the need for adjusting an existing utility facility, it is determine…

115.3(1) Permit required. A permit is required to place utility facilities in, on, above or below the primary road rights-of-way to attach utility facilities to a primary road structure or to adjust existing utility facilities occupying the rights-of-way. 115.3(2) Future adjustme…

115.4(1) Design. The design plan for a utility facility shall: a. Be prepared by a person knowledgeable with this chapter, road design, and work zone traffic control. b. Include the measures to be taken to preserve the surrounding environment, safe and free flow of traffic, struc…

115.5(1) Introduction. The type and size of a utility facility and the manner in which it is installed can materially alter the scenic quality, appearance and view of roads and adjacent areas. Such areas may include but are not limited to scenic strips, scenic overlooks, rest are…

115.6(1) The utility owner. The utility owner will defend, indemnify and save harmless the state of Iowa, its agencies and employees from any and all causes of action; suits at law or in equity; for losses, damages, claims or demands; and from any and all liability and expense of…

115.7(1) Applicant contact. The permit request is to include contact information for the utility owner or utility owner’s designated representative. 115.7(2) Permit. a. At a minimum, a utility permit allows: (1) The applicant or the applicant’s contractor to perform the work cove…

115.8(1) Traffic control for all work. a. When performing work within the rights-of-way, the utility owner is responsible for traffic control operations, including but not limited to providing, installing, maintaining and cleaning warning signs and protective devices; removing wa…

115.9(1) Permit required before work may begin. The utility owner shall not commence construction work in the primary road rights-of-way until the utility owner has received a fully approved and issued permit from the department. 115.9(2) Notice of construction. The utility owner…

addition: “Adjacent area” means an area that is contiguous to and within 1,000 feet of the nearest edge of the right-of-way of any highway on the national highway system. “Automobile graveyard,” as used in Iowa Code section 306C.1, means any site that is maintained, used, or oper…

the following: 116.2(1) The department, only for nonconforming junkyards and subject to Iowa Code sections 306C.3 and 306C.5. 116.2(2) The owner, for junkyards established within the adjacent area of a highway on the national highway system in an area not exempted by Iowa Code se…

116.3(1) Composition. Screens may be natural or manmade, but all screens shall be of a height and type to provide year-round obscurement of the contents. a. Natural screens may consist of nondeciduous plantings, provided the variety, size, and growth rate will obscure the site wi…

may be necessary for the following reasons: 116.4(1) The difference in elevation between the highway and junkyard is such that a screen tall enough to completely obscure the site is not cost-effective. 116.4(2) The owner is financially unwilling or otherwise unable to complete th…