306.4 Jurisdiction of systems.
The jurisdiction and control over the roads and streets of the state are vested as follows:
1. Jurisdiction and control over the primary roads shall be vested in the department.
2. Jurisdiction and control over the secondary roads shall be vested in the county board of supervisors of the respective counties.
3. a. Effective July 1, 2004, jurisdiction and control over a farm-to-market extension or road transferred pursuant to section 306.8A within a city with a population of less than five hundred shall be vested in the county board of supervisors of the respective county.
b. If the population of a city drops below five hundred after July 1, 2004, as determined by the latest available federal census or special census, jurisdiction and control over a farm-to-market extension located within the city shall be vested in the county board of supervisors of the respective county effective July 1 following census certification by the secretary of state.
c. If the population of a city from which jurisdiction and control over a road has been transferred pursuant to paragraph “a” or “b” exceeds seven hundred fifty, as determined by the latest available federal census or special census, such jurisdiction and control shall be transferred back to the city effective July 1 following census certification by the secretary of state.
4. a. Jurisdiction and control over the municipal street system shall be vested in the governing bodies of each municipality; except that the department and the municipal governing body shall exercise concurrent jurisdiction over the municipal extensions of primary roads in all municipalities. When concurrent jurisdiction is exercised, the department shall consult with the municipal governing body as to the kind and type of construction, reconstruction, repair, and maintenance and the two parties shall enter into agreements with each other as to the division of costs thereof.
b. When the two parties cannot initially come to agreement as to the division of costs under this subsection, they shall contract with an organization in this state to provide mediation services. The costs of the mediation services shall be equally allocated between the two parties. If after submitting to mediation the parties still cannot come to agreement as to the division of costs, the mediator shall sign a statement that the parties did not reach an agreement, and the parties shall then submit the matter for binding arbitration to a mutually agreed-upon third party. If the parties cannot agree upon a third-party arbitrator, they shall submit the matter to an arbitrator selected under the rules of the American arbitration association.
5. Jurisdiction and control over the roads and streets in any state park, state institution or other state land shall be vested in the board, commission, or agency in control of such park, institution, or other state land; except that:
a. The department and the controlling agency shall have concurrent jurisdiction over any road which is an extension of a primary road and which both enters and exits from the state land at separate points. The department may expend the moneys available for such roads in the same manner as the department expends such funds on other roads over which the department exercises jurisdiction and control. The parties exercising concurrent jurisdiction may enter into agreements with each other as to the kind and type of construction, reconstruction, repair and maintenance and the division of costs thereof. In the absence of such agreement the jurisdiction and control of such road shall remain in the department.
b. The board of supervisors of any county and the controlling state agency shall have concurrent jurisdiction over any road which is an extension of a secondary road and which both enters and exits from the state land at separate points. The board of supervisors of any county may expend the moneys available for such roads in the same manner as the board expends such funds on other roads over which the board exercises jurisdiction and control. The parties exercising concurrent jurisdiction may enter into agreements with each other as to the kind and type of construction, reconstruction, repair and maintenance and the division of costs thereof. In the absence of such agreement, the jurisdiction and control of such road shall remain in the board of supervisors of the county.
6. Jurisdiction and control over parkways within county parks and conservation areas shall be vested in the county conservation boards within their respective counties; except that:
a. The department and the county conservation board shall have concurrent jurisdiction over an extension of a primary road which both enters and exits from a county park or other county conservation area at separate points. The department may expend moneys available for such roads in the same manner as the department expends such funds on other roads over which the department exercises jurisdiction and control. The parties exercising concurrent jurisdiction may enter into agreements with each other as to the kind and type of construction, reconstruction, repair and maintenance and the division of costs thereof. In the absence of such agreement, the jurisdiction and control of such roads shall remain in the department.
b. The board of supervisors of any county and the county conservation board shall have concurrent jurisdiction over an extension of a secondary road which both enters and exits from a county park or other county conservation area at separate points. The board of supervisors of any county may expend moneys available for such roads in the same manner as the board expends such funds on other roads over which the board exercises jurisdiction and control. The parties exercising concurrent jurisdiction may enter into agreements with each other as to the kind and type of construction, reconstruction, repair and maintenance and the division of costs thereof. In the absence of such agreement, the jurisdiction and control of such roads shall remain in the board of supervisors of the county.
[C51, §514; R60, §819; C73, §920; C97, §1482; C24, 27, §4560, 4635 – 4677, 4780 – 4812; C31, 35, §4560, 4644-c1; C39, §4560, 4644.01; C46, 50, §309.1; C54, 58, 62, 66, §306.3; C71, 73, 75, 77, 79, 81, §306.4]
89 Acts, ch 134, §1; 2003 Acts, ch 144, §2; 2010 Acts, ch 1061, §180
Referred to in §306.2, 307.22, 307.24, 308.5, 312.3, 331.362
Structure Iowa Code
Chapter 306 - ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS
Section 306.1 - Roads and streets.
Section 306.3 - Definitions used throughout Code.
Section 306.4 - Jurisdiction of systems.
Section 306.5 - Continuity of farm-to-market road system in municipalities, parks, and institutions.
Section 306.6 - Farm-to-market review board.
Section 306.6A - Farm-to-market road system modifications.
Section 306.7 - Functions changed or new roads added.
Section 306.8 - Transfer of jurisdiction.
Section 306.8A - Transfer of roads identified in report.
Section 306.9 - Diagonal roads — restoring and improving existing roads.
Section 306.10 - Power to establish, alter, or vacate.
Section 306.11 - Hearing — place — date.
Section 306.12 - Notice — service.
Section 306.13 - Notice — requirements.
Section 306.14 - Objections — claims for damages.
Section 306.15 - Purchase and sale of property.
Section 306.18 - Establishment.
Section 306.19 - Right-of-way — access — notice.
Section 306.21 - Plans, plats and field notes filed.
Section 306.22 - Sale of unused right-of-way.
Section 306.23 - Notice — preference of sale.
Section 306.25 - Execution of conveyance.
Section 306.26 - Payment of damages and right-of-way cost — proceeds of sale.
Section 306.27 - Changes for safety, economy, and utility.
Section 306.30 - Service of notice.
Section 306.32 - Hearing — adjournment.
Section 306.33 - Hearing on objections.
Section 306.34 - Hearing on claims for damages.
Section 306.36 - Damages on appeal — rescission of order.
Section 306.37 - Tender of damages.
Section 306.38 - Rental of acquired property pending use.
Section 306.39 - Flooding highways — federal water resources projects.
Section 306.40 - Easements conveyed.
Section 306.41 - Temporary closing for construction.
Section 306.42 - Transfer of rights-of-way.
Section 306.43 - Jurisdictional transfer limits.
Section 306.44 - Study of road systems.
Section 306.45 - Easements on highway rights-of-way.
Section 306.46 - Public utility facilities — public road rights-of-way.
Section 306.47 - Utility facilities relocation policy.
Section 306.50 - Construction program notice.
Section 306.51 - Soil erosion impact.
Section 306.52 - Review of plans.
Section 306.53 - Submission of recommendations — contribution to cost.