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 […]
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, […]
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 […]
318.12 Enforcement. A highway authority shall enforce the provisions of this chapter by appropriate civil or criminal proceeding or by both such proceedings. 2006 Acts, ch 1097, §12
318.2 Purpose. The purpose of this chapter is to enhance public safety for those traveling the public roads and allow economical maintenance of highway rights-of-way. 2006 Acts, ch 1097, §2
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. […]
318.4 Duty of highway authorities. The highway authority shall cause all obstructions in a highway right-of-way under its jurisdiction to be removed. 2006 Acts, ch 1097, §4
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 […]
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 […]
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
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 […]
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 […]
