37.02 Definitions
For use in this chapter, “clear zone” means the roadside area within the highway right-of-way starting at the edge of the traveled way, available for recovery of errant vehicles.

37.03 Right to Remove Obstructions in Highways

• Washington County shall cause all obstructions in highways under their jurisdiction to be removed. (Code of Iowa, Chapter 318)
• Highway roadsides shall be as free from physical obstructions above the ground as practicable. (Iowa Administrative Code 761-115.7 [306A])
• As a minimum, the clear zone should be free of all obstructions. Proper right-of-way maintenance and sight distance requirements may require the entire right-of-way be clear of all obstructions.

37.04 Clear Zone
The width of the clear zone is influenced by the type of road facility, speed, horizontal alignment and embankment slopes. The IDOT Design Guides, Instructional Memorandums and Iowa Administrative Code shall be used to define the width of the clear zone.

37.05 Obstructions & Nuisances
The following are considered obstructions and nuisances:

• Fence within the clear zone other than right-of-way boundary fence.
• Any poles, posts, piles of material, hay, cut logs, vehicles, machinery, tanks, or other physical obstructions above the ground within the right-of-way.
• Any new building within the highway right-of-way. Any existing building within the clear zone or causing maintenance problems.
• Gates, wire panels, woven wire, board fencing, or any other fencing within the highway right-of-way across the inlet or outlet of drainage structures (pipe, box culverts, or bridges.) When requested by the owner or tenant, the County may approve tying the fence to the corners of the County drainage structure and allowing 1 or 2 strands of electric fence across the waterway.
• Junk, litter, garbage, scrap, appliances, furniture, building rubble, old fencing, tires, burn barrels, yard waste or anything else dumped in the road right-of-way without permission.
• Trees, shrubs, vines, brush or other vegetation except for vegetation maintained for highway purposes anywhere in the highway right-of-way or encroaching over the highway right-of-way.

37.06 Removal of Obstructions & Nuisances
Obstructions and nuisances may be removed according to Iowa Code Chapter 318 and the cost thereof assessed against the owner or person responsible for placement of the obstructions or the abutting property owner or tenant.

• It is the duty and responsibility of every person to see that his or her garbage is disposed of properly. Any person whose garbage is found in the highway right-of-way will be assessed the cleanup costs.
• With prior approval, an abutting property owner, tenant, neighbor, or service club will be allowed to dispose of junk and garbage of unknown origin found in the highway right-of-way at the County recycle center at no cost.
• The County strongly encourages each abutting property owner and/or tenant to maintain the highway right-of-way to keep it free from all trees, shrubs, vines, brush, and other vegetation not maintained for highway purposes. If the abutting property owners and/or tenants do not perform this maintenance, the County may cut and/or remove said trees, shrubs, vines, brush and other vegetation. The County will leave said cut or removed trees, shrubs, vines, brush and other vegetation in the County road right-of-way to naturally decay. The County strongly encourages each abutting property owner or tenant to clean up any cut or removed trees, shrubs, vines, brush and other vegetation in order to provide an aesthetic roadside.

37.07 Failure to Remove
Failure to remove obstructions and nuisances after having been given notice shall be a County Infraction and Section 3.02(1) of this Code of Ordinances, Schedule of Civil Penalties, shall apply.

37.08 Permit Required for Work On Highway Right of Way
A person shall not excavate, fill or make a physical change within the right-of-way of a public road or highway without obtaining a permit from the highway authority having jurisdiction of the public road or highway. Work performed under the permit shall be performed in conformity with the specifications prescribed by the highway authority. If the excavation, fill, or physical change within the right-of-way of a public road or highway does not conform to the specifications that accompany the permit, the person shall be notified to make such conforming changes. If after twenty days the changes have not been made, the public road or highway authority may make the necessary changes and immediately send a statement of the cost to the responsible person. If within thirty days after sending the statement of the cost is not paid, the highway authority may institute proceedings in the District Court to collect the cost of correction. (Code of Iowa, Sec. 318.8)The following work when performed within the County road right-of-way shall require a permit:

• Tile, sewer, waterline, or other pipeline crossings or repairs.
• Terrace work.
• Ponding or storing of water within the road right-of-way.
• Filling ditches.
• Cleaning or digging ditches.
• Brush and tree removal.
• Construct, enlarge, or change any entrance.
• Paving of an entrance.
• Burning.
• Other physical changes.
• Failure to get a permit or make such conforming changes shall be a County Infraction and Section 3.02(1) of this Code of Ordinances, Schedule of Civil Penalties, shall apply.

37.09 Entrances Onto County Roads

• Permit Required - Anyone creating a new entrance location or any change or modification of an existing entrance onto County roads shall first be required to obtain a permit as required in the preceding section. (Driveway Permit )
• Payment of Costs Associated with Entrance Construction - The property owner or tenant is responsible for installation and providing all materials for the initial entrance construction or modification of existing driveways. Washington County will not provide dirt, pipe or other materials. The property owner or tenant may buy culvert pipe from the County’s stockpile. The price quoted for culvert pipe will include delivery by the County. Payment must be made before the culvert pipe will be delivered.
• Entrance Criteria - The County Engineer will view the location and determine if there is adequate sight distance, correct slope between road and fence line and other specific criteria determined by the County Engineer as follows:
• Adequate sight distance along a highway in each direction from any given point of access where a vehicle must stop before entering the highway.
• The finished surface elevation of an entrance to a County road shall initially be sloped away from the road at about a 4% slope to prevent surface water from draining onto the County road.
• The entrance centerline lying within the right-of-way shall be at a right angle to the centerline of the road for a minimum of thirty feet from the near edge of the shoulder of the road.
• Culvert Pipe Requirements - If the location is approved, the County Engineer will determine if a culvert pipe is required, the size of opening required and the length of culvert pipe required.
  • Type of Culvert Pipe - Culvert pipes shall be approved by the County Engineer. Used culvert pipe showing rust or having holes will not be approved. New culvert pipe shall meet IDOT standards for entrance pipe. The following new pipe types are approved:
  • Corrugated metal pipe: 15" & 18" (16 gauge), 24" & 30" (14 gauge), 36" & 48" (12 gauge), and 60" (10 gauge).
  • Tied reinforced concrete pipe (2000D Class or better - no rejects).
  • PVC plastic pipe (SDR 35 or better).
  • High Q plastic pipe.
  • Size of Culvert Pipe - The size of the culvert pipe will be determined by the County based on the drainage area. A 15² pipe is the smallest size culvert pipe that will be allowed.
  • Length of Culvert Pipe - The County will determine the length of culvert pipe based on the top width requested, entrance use, ditch depth and type of road being entered. The following criteria shall be followed:
    • A minimum of 16-foot entrance top is required.
    • A minimum of 30-foot culvert pipe is required.
    • Entrances on gravel or dirt roads shall have 3:1 side slopes.
    • Entrances on paved roads shall have 8:1 side slopes for culverts and 10:1 side slopes for dry fills.
  • Tile Drops - If adequate storage is available, a tile drop may be approved.
  • Culvert Pipe Ownership - After installation, the culvert pipe shall become the property of Washington County.
• Entrance Installation and Restrictions.
  • Entrance installation shall be according to IDOT specifications.
  • Entrance fill shall be compacted by tamping or rolling.
  • No filling will be permitted in the right-of-way other than necessary to construct the proposed entrance.
  • No excavations will be made within the limits of the traveled portion of the roadway.
  • The construction, future repair or maintenance of entrances shall be carried on in such a way as not to interfere with or interrupt traffic on the County road.
  • Private property may not be used so as to obstruct or encumber the County road right-of-way, or interfere with safety, comfort, and the use of the County roadway users.
  • The permittee shall leave the road and road right-of-way in as good a condition as it was prior to construction.
  • The applicant shall locate the proposed entrance on the ground by staking or flagging adjacent to the right-of-way line prior to the inspection conducted by the County Engineer.
  • The applicant shall give written notice of his or her intent to begin construction on a County road right-of-way to the County Engineer at least 48 hours prior to the commencement of said construction so that an inspection of said construction site may be conducted.
  • Nothing in this chapter shall preclude Washington County from entering upon any entrance on the road right-of-way and performing necessary maintenance for the protection of the County road.
  • Culvert pipe installation shall be guaranteed and maintained by the applicant for 3 years.
• Final Approval of Entrance - The applicant shall notify the County Engineer when installation is completed. The application shall not be considered approved by Washington County until the installation is inspected and approved by the County Engineer or authorized agent.
• Nonconforming Entrances - Any nonconforming entrance built after the effective date of this chapter may be removed by Washington County and the cost billed to the owner or party responsible for installing the entrance.
• Future Maintenance - Washington County shall maintain any entrance within the right-of-way that has been installed with an approved permit. Culvert pipe installation shall be maintained by the County after the 3-year warranty period. Protecting the ends of the culvert pipe is the responsibility of the owner. Repairing crushed ends on culvert pipe will be the responsibility of the owner. When crushed ends on culvert pipe create drainage problems, the County will notify the owner to repair the culvert ends within 30 days. If the owner fails to facilitate repairs, the County may remove the entrance and culvert pipe.
• Grandfathered Entrances - Existing approved entrances will continue to be maintained by the County. When culvert pipe replacement is necessitated, the County will furnish 30 feet of culvert pipe or the same length as removed, whichever is longer, at no expense to the owner. A permit will be required if additional length of culvert pipe is requested.
• Entrance Surfacing - Washington County will not furnish, maintain, nor pay for any driveway surfacing (gravel, oil, asphalt, or concrete). Entrance surfacing removed by the County during road construction will be replaced by the County at no expense to the owner.
• Roadway Constructions and Replacement of Entrances - Any entrances removed for road construction will be replaced by the County at no cost to the owner. Existing entrance surfacing removed will also be replaced by the County at no expense to the owner. At the request of the owner and with proper location approval, the County may construct additional entrances at the time of roadway construction with the owner responsible only for the cost of the culvert pipe.

37.10 Removal of Rock From Roadway
Anyone removing rock from the County highway for driveway surfacing or any other use will be billed for the material removed and shall be charged with a County Infraction and Section 3.02(1) of this Code of Ordinances, Schedule of Civil Penalties, shall apply. Minimum billing for removal of rock will be $100.