ARC 0213D

ARC 0213D

TRANSPORTATION DEPARTMENT[761]

Adopted and Filed

Rulemaking related to improvements and maintenance on primary road extensions

    The Transportation Department hereby rescinds Chapter 150, “Improvements and Maintenance on Primary Road Extensions,” Iowa Administrative Code, and adopts a new Chapter 150 with the same title.

Legal Authority for Rulemaking

    This rulemaking is adopted under the authority provided in Iowa Code section 307.12.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code sections 17A.9A, 307.12, 309.1, 313.4, 313.5, 313.21, 313.24, 313.27, 313.36, 314.5, 314.6, 318.1, 321E.3 and 362.2.

Purpose and Summary

    The Department is rescinding and repromulgating Chapter 150. This chapter defines responsibilities, requirements, and procedures for construction and maintenance on primary road extensions within cities and responsibilities for facilities commonly impacted by these activities, including traffic signals, lighting, bridges, intersection paint markings, signs, and rights-of-way. This chapter was reorganized to improve readability and includes several clarifications to the definitions and maintenance responsibilities outlined in the chapter. Responsibilities for previously unmentioned features, including bike lanes, bridge graffiti removal, and roundabout center islands, were added.

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 7, 2026, as ARC 9880C. Public hearings were held on the following date:

     ?   January 28, 2026

    No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

    This rulemaking was adopted by the Department on March 10, 2026.

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 761—Chapter 11.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

    This rulemaking will become effective on May 20, 2026.

    The following rulemaking action is adopted:

    ITEM 1.  Rescind 761—Chapter 150 and adopt the following new chapter in lieu thereof:

PRIMARY ROAD EXTENSIONS

CHAPTER 150

IMPROVEMENTS AND MAINTENANCE ON PRIMARY ROAD EXTENSIONS

761—150.1(306,306A,307,318,362) General.

    150.1(1) Information. Information regarding this chapter is available from the Maintenance Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone 515.239.1547.

    150.1(2) Definitions.

    “Access control limits” means the area where the department has acquired access rights in accordance with 761—Chapter 112.

    “City” means a municipal corporation as defined in Iowa Code section 362.2.

    “Curbed cross section” means a roadway with outside raised paved edges or rims (commonly called “curbs”) used for storm water drainage. Raised medians or inside curbs alone are not sufficient to constitute a curbed cross section.

    “Encroachment” means an item that is supported or located on the highway right-of-way or that overhangs into the airspace of the highway right-of-way.

    “Freeway” means a fully controlled access primary highway. The rights of ingress and egress from abutting properties have been legally eliminated by the department. Permanent access to the freeway is allowed only at interchange locations. For the purpose of this chapter, a freeway is generally five or more miles in length.

    “MUTCD” means the “Manual on Uniform Traffic Control Devices” as adopted in 761—Chapter 130.

    “Nonfreeway primary highway” means a primary highway that is not a freeway.

    “Obstruction” means the same as defined in Iowa Code section 318.1.

    “Right-of-way” means the land for any public road, street or highway, including the entire area between the property lines.

    “Urban-state traffic engineering program” or “U-STEP” refers to a department program that is intended for use by any Iowa city in order to solve traffic operations and safety problems on primary roads in Iowa cities as documented on the department’s “Grants and Programs” website at www.iowadot.gov/transportation-development/grant-programs/grant-program-list.

    “Utility” means the same as defined in Iowa Code section 306A.13.

This rule is intended to implement Iowa Code sections 306.2, 306.3, 306A.13, 307.12(1)“j,” 318.1 and 362.2.

761—150.2(306,306A,307,313,314) Improvements and maintenance on extensions of freeways.

    150.2(1) Construction. Except as otherwise provided, the department shall be responsible for all right-of-way and construction costs associated with the construction of freeway extensions.

    a.  The city shall be responsible for providing, without cost to the department, all necessary rights-of-way that involve dedicated streets or alleys.

    b.  The city may be responsible for providing, without cost to the department, all necessary rights-of-way that involve other city-owned lands, except parklands, subject to the condition that the department may reimburse the city for the functional replacement value of improved property and advanced purchases negotiated by the city for project purposes.

    c.  Outside the access control limits, the department shall be responsible for the costs of construction of longitudinal and outlet storm sewers made necessary by highway construction in the proportion that the street right-of-way of the primary road extension bears to the total drainage area to be served by the proposed sewers. The city shall be responsible for the remaining portion of storm sewer costs not paid for by the department.

    d.  The department shall be responsible for all storm sewer-related costs within the access control limits.

    150.2(2) Maintenance. The department shall enter into an agreement with a city regarding the maintenance of primary roads within the corporate city limits. This is intended to include corporate line roads, when appropriate. Unless otherwise mutually agreed to and specified in the agreement, the maintenance of freeway extensions within the corporate city limits, including corporate line roads, shall be as follows:

    a.  The department shall be responsible for all maintenance costs on the through roadway, the on and off ramps, and the roadside features from right-of-way line to right-of-way line.

    b.  Where city streets cross the freeway, the department shall be responsible for:

    (1)  Roadside maintenance within the freeway right-of-way.

    (2)  Surface drainage of the freeway right-of-way.

    (3)  Traffic signs and pavement markings required for freeway operation.

    (4)  Guardrail at piers and guardrail at bridge approaches.

    (5)  Expansion relief joints in approach pavement and approach panel leveling and maintenance.

    (6)  All maintenance of bridges, including deck repair, structural repair, berm slope protection, painting, and inspection, except as noted in paragraph 150.2(2)“c.”

    (7)  Graffiti removal on bridges and abutments within the freeway right-of-way.

    c.  Where city streets cross the freeway, the city shall be responsible for:

    (1)  All roadside maintenance outside the freeway right-of-way.

    (2)  All pavement, subgrade and shoulder maintenance on the cross street except expansion relief joints and bridge approach panel leveling or repair.

    (3)  All traffic lane markings on the cross street.

    (4)  Snow removal on the cross street, including bridges over the freeway and through ramp terminals.

    (5)  Cleaning and sweeping bridge decks on streets crossing over the freeway.

    d.  The city shall be responsible for maintenance and repair of pedestrian overpasses and underpasses, including snow removal, painting, lighting and structural repairs.

    e.  Should local service roads or streets be constructed as a part of a project, upon completion they shall become a part of the city street system. The department shall not be responsible for the maintenance of these roads or streets and corresponding drainage structures.

    150.2(3) Lighting.

    a.  The department shall be responsible for:

    (1)  The cost of installation of lighting on the main-traveled-way lanes and the on and off ramps, including the terminals with cross streets when the department determines that lighting is required under established warrants.

    (2)  The energy and maintenance costs of lighting on the main-traveled-way lanes.

    (3)  The energy and maintenance costs of lighting through interchange areas and ramps at interchanges between freeways that do not provide service to local streets.

    (4)  The energy and maintenance costs of lighting in interchange areas at interchanges between freeways and primary roads that are on corporate lines.

    (5)  At interchanges with city cross streets, the energy and maintenance costs of lighting on the main-traveled-way lanes, on and off ramps, ramp terminals, and, when the department determines full interchange lighting is required, the cross street between the outermost ramp terminals.

    b.  The department shall not be responsible for:

    (1)  The installation, energy and maintenance costs of any lighting on cross streets in advance of interchanges and between the outermost ramp terminals at interchanges where the department determines partial interchange lighting or no lighting is required.

    (2)  The installation, energy and maintenance costs of any lighting on pedestrian overpasses, pedestrian underpasses, bicycle overpasses or bicycle underpasses. The city may elect to provide lighting at its own expense.

    c.  Warrants for the lighting of freeways shall be according to the 2018 “AASHTO Roadway Lighting Design Guide.” The AASHTO publication may be ordered from the website www.transportation.org. The publication may be inspected at the department’s maintenance bureau.

This rule is intended to implement Iowa Code sections 306.4, 306.42, 307.12(1)“j,” 313.4, 313.5, 313.21 through 313.24, 313.27, 313.36, 314.5 and 314.6 and chapter 306A.

761—150.3(306,306A,307,309,313,314,321E) Improvements and maintenance on extensions of nonfreeway primary highways.

    150.3(1) Construction.

    a.  The department shall be responsible for all right-of-way and construction costs to construct nonfreeway primary highway extensions to the minimum design criteria as established by the department. Construction improvement costs beyond minimum design criteria shall be the responsibility of the city, as specified in the project agreement. Minimum design criteria shall be in accordance with “A Policy on Geometric Design of Highways and Streets, 2018” (Seventh Edition AASHTO Green Book). The AASHTO publication may be ordered from the website www.transportation.org. The publication may be inspected at the department’s maintenance bureau.

    b.  The city shall be responsible for providing, without cost to the department, all necessary rights-of-way that involve dedicated streets or alleys.

    c.  The city may be responsible for providing, without cost to the department, all necessary rights-of-way that involve other city-owned lands, except parklands, subject to the condition that the department may reimburse the city for the functional replacement value of improved property and advanced purchases negotiated by the city for project purposes.

    d.  The city shall take all necessary legal action to discontinue and prohibit any past or present use of project rights-of-way for private purposes. The city shall prevent any future encroachment or obstruction within the limits of project rights-of-way.

    e.  The department shall be responsible for the costs of construction of longitudinal and outlet storm sewers made necessary by highway construction and construction of local service roads developed as a part of the construction or reconstruction of the through traffic lanes in the proportion that the right-of-way of the primary road extension bears to the total drainage area to be served by the proposed sewers. The city shall be responsible for the remaining portion of storm sewer costs not paid for by the department.

    f.  Unless otherwise mutually agreed to and specified in the project agreement, the department shall be responsible for the cost of acquiring rights-of-way and construction of local service roads developed as a part of the construction or reconstruction of the through traffic lanes.

    150.3(2) Maintenance. The department shall enter into an agreement with a city regarding the maintenance of primary roads within the corporate city limits. This is intended to include corporate line roads, when appropriate. Unless otherwise mutually agreed to and specified in the agreement, the maintenance of nonfreeway primary highway extensions within the corporate city limits, including corporate line roads, shall be as follows:

    a.  On primary roads constructed with a curbed cross section, the department shall be responsible for:

    (1)  Maintenance and repairs to pavement and subgrade from face of curb to face of curb exclusive of parking lanes, culverts, intakes, manholes, public or private utilities, sanitary sewers and storm sewers.

    (2)  Primary road signing for moving traffic as set out in subrule 150.4(1), pavement markings for traffic lanes, guardrail and stop signs at intersecting streets.

    (3)  Surface drainage only, within the limits of pavement maintenance.

    (4)  Plowing of snow from the traffic lanes of pavement and bridges and treatment of traffic lanes with abrasives and chemicals.

    (5)  Inspection, painting and structural maintenance of bridges as defined in Iowa Code section 309.1.

    b.  On primary roads constructed with a rural cross section (no curb), the department shall be responsible for all maintenance, except tree removal, sidewalks, retaining walls and repairs due to utility construction and maintenance, which shall be the city’s responsibility.

    c.  On primary roads constructed with a curbed cross section, the city shall be responsible for:

    (1)  Maintenance and repairs to pavement in parking and bicycle lanes, intersections beyond the limits of department pavement maintenance, curbs used to contain drainage, and repairs to all pavement due to utility construction, maintenance and repair.

    (2)  Painting of parking stalls, stop lines and crosswalks, and the installation and maintenance of flashing lights. Pavement markings shall conform to the MUTCD.

    (3)  Maintenance of all storm sewers, manholes, intakes, catch basins and culverts used for collection and disposal of surface drainage.

    (4)  Removal of snow windrowed by departmental plowing operations, removal of snow and ice from all areas outside the traffic lanes, loading or hauling of snow which the city considers necessary and removal of snow and ice from sidewalks on bridges used for pedestrian traffic.

    (5)  Maintenance of sidewalks, retaining walls and all areas between curb and right-of-way line.

    (6)  Cleaning, sweeping and washing of streets.

    (7)  Maintenance and repair of pedestrian or bicycle overpasses and underpasses, including snow removal, painting and structural repairs.

    (8)  Roundabout center islands.

    d.  The city shall comply with the access control policy of the department as adopted in 761—Chapter 112 and obtain prior approval from the department for any changes to existing entrances or for the construction of new entrances.

    e.  Drainage district assessments levied against the primary road within the corporate limits of the city shall be shared equally by the department and the city.

    f.  Should local service roads or streets be constructed as a part of a project, upon completion they shall become a part of the city street system. The department shall not be responsible for the maintenance of these roads or streets and corresponding drainage structures.

    150.3(3) Lighting.

    a.  The department shall not be responsible for the installation, energy, and maintenance costs of lighting on extensions of nonfreeway primary highways. The city may elect to provide lighting at its own expense. However:

    (1)  For cities with a population of 5,000 or fewer, the department may elect to install interchange or intersection lighting and to be responsible for or to participate in the energy and maintenance costs of this lighting.

    (2)  On a new construction project that results in a predominately fully controlled access highway, but incorporates some nonfreeway segments, the department may elect to participate in the installation of lighting at conflict points if the city agrees to be responsible for the energy and maintenance costs of this lighting.

    b.  At corporate line primary road junctions, the lighting shall be installed where necessary by the department in accordance with department warrants. The department shall be responsible for the installation costs. Unless otherwise agreed, the energy and maintenance costs shall be shared by the city and department in proportion to the number of luminaires in each jurisdiction as established by the corporate line. When and if the corporate line is extended to include any part of the lighting installation or a greater proportion of luminaires, the proportionate costs for maintenance and energy shall be redetermined on the basis of the number of luminaires in each jurisdiction as established by the new location of the corporate line.

This rule is intended to implement Iowa Code sections 306.4, 306.42, 307.12(1)“j,” 309.1, 313.5, 313.21 through 313.24, 313.27, 313.36, 314.5, 314.6 and 321E.3 and chapter 306A.

761—150.4(306,306A,307,313,314,318) General requirements for primary road extensions.

    150.4(1) Signing.

    a.  The department shall be responsible for permanent traffic control signing on primary road extensions.

    b.  The department shall not be responsible for construction and maintenance work zone signing unless the work is being done by the department.

    c.  The department shall not be responsible for street name signs, any regulatory parking signs that denote special regulations as may be determined by the city in cooperation with the department, and those signs that regulate parking as to time, hours and days of the week.

    d.  The department shall not be responsible for signs facing traffic on primary road extensions that regulate traffic movements on city cross streets (one-way traffic).

    e.  “Business District” signs on primary road extensions may be permitted upon application by the city to the department.

    f.  All signing within the right-of-way shall conform to the MUTCD.

    150.4(2) Encroachments and obstructions.

    a.  The city shall remove any existing obstructions within the highway right-of-way and prevent any future obstructions from occurring within the highway right-of-way in a manner consistent with Iowa Code chapter 318.

    b.  The city shall remove any existing encroachments and prevent any future encroachments from occurring within the highway right-of-way, except those authorized or permitted by the highway authority. Under no circumstances shall an overhanging sign or awning be allowed within two feet of the inside edge of the curb (also known as the face of the curb, which is that part of the curb that is next to traffic) or within two feet of the edge of the pavement in the absence of a curb. Any encroachments authorized or permitted by the highway authority shall be in accordance with Iowa Code chapter 318.

    150.4(3) Pedestrian, equestrian, and bicycle routes (sidewalks).

    a.  The department shall remove and replace portions of existing routes as required by construction.

    b.  The department will consider the impacts to pedestrian accommodation at all stages of the project development process and encourage pedestrian accommodation efforts when pedestrian accommodation is impacted by highway construction. The cost of pedestrian accommodation made at the time of the highway improvement may be considered an additional roadway construction cost. Providing pedestrian accommodation independent of a highway construction project may be considered with construction funding obtained from local jurisdictions or other federal and non-road use tax state sources.

    c.  If a project is initiated by the department, the department shall fund 100 percent of all curb ramps, turning spaces, transitions, sidewalks, curb drops and pedestrian signals within the right-of-way of primary road extensions to meet the requirements of the Americans with Disabilities Act of 1990 (ADA) as amended by the ADA Amendments Act of 2008 (PL 110–325), codified at 42 U.S.C. 12101 et seq., if such improvements are in the project.

    d.  If a project is initiated by a local jurisdiction, the department may participate by funding 55 percent of the cost of constructing curb ramps, turning spaces, transitions, sidewalks, curb drops and pedestrian signals on existing sidewalks within the right-of-way of primary road extensions to meet the requirements of the Americans with Disabilities Act if such improvements are in the project. However, departmental participation shall not exceed $250,000 per year for any one local jurisdiction and $5 million per year in total.

    150.4(4) Overpasses and underpasses for pedestrian, equestrian, and bicycle routes.

    a.  During initial construction of freeways and other relocated primary road extensions and when user-volumes and topographic conditions warrant the construction of a separation, the cost shall be shared between the department and the city on the basis of the current U-STEP cost apportionment.

    b.  The department may participate in a city-initiated separation that is not included in the department’s “Five-Year Iowa Transportation Improvement Program.”

    150.4(5) Utility relocation and removal.

    a.  The city shall relocate or cause to be relocated, without cost to the department, all city-owned utilities necessary for construction when these utilities are within the existing street or alley right-of-way. The department shall reimburse the owner of a utility that is located on private right-of-way for the costs of relocation or removal, including the costs of installation in a new location.

    b.  The city shall comply with the utility accommodation policy of the department as adopted in 761—Chapter 115.

    150.4(6) Project concept statements and predesign project agreements for proposed construction projects.

    a.  As early as possible after an urban project is included in the department’s “Five-Year Iowa Transportation Improvement Program,” a concept statement for the project shall be developed and shall be reviewed with the officials of the city prior to the public hearing.

    b.  During the design process, a predesign project agreement may be submitted to city officials for their approval. It shall include all the following:

    (1)  A preliminary description of the project.

    (2)  The general concepts of the project.

    (3)  Responsibilities for right-of-way acquisition, storm sewer costs and utility adjustment costs.

    (4)  The parking and access control restrictions to be applied to the project.

    (5)  Financial participation above minimum standards.

    150.4(7) Preconstruction project agreements for proposed construction projects.

    a.  The department shall maintain a close liaison with the city during the development of the project plan so that all parties will be fully informed of the details involved in the proposed improvement.

    b.  When the plan is sufficiently complete to provide typical cross sections, plan and profile drawings and incidental details, the department shall submit a preconstruction project agreement, which shall include known design data, to city officials for their approval. Terms for reimbursement to the state and local financial participation shall be stated in this agreement.

    c.  Modifications to this agreement necessitated by design changes encountered during construction shall be made by an extra work order agreed to in writing by the city, the contractor, and the department.

    150.4(8) Traffic signals.

    a.  All traffic signal installations shall meet the standards and warrants established in the MUTCD.

    b.  When replacing pavement or adding lanes, the department may, by agreement, install or replace warranted traffic signals (including pedestrian-only signals) at no cost to the city.

    c.  When new or upgraded traffic signals (including pedestrian-only signals) are part of a pavement maintenance or stand-alone traffic signal project, the department may, by agreement, participate in installation costs with its maximum share limited to that based on the current U-STEP cost-sharing policy. The city is responsible for preparing plans, awarding the contract, supervising installation, and covering the remaining costs.

    d.  Signal modifications to coordinate with other city systems (outside the primary road extension system) are the city’s full financial responsibility.

    e.  The department will not fund signals intended solely for commercial use or signalization of primary road stub routes ending within the city.

    f.  The department does not assume ownership or responsibility for any energy or maintenance costs for traffic signals.

    g.  Signal phasing, initial and future, as well as timing and coordination between intersections shall be coordinated between the department and the city.

    150.4(9) Overdimensional and overweight vehicles. The city shall comply with all current statutes, rules and regulations pertaining to overdimensional and overweight vehicles using primary roads when issuing special permits for overdimensional and overweight vehicles.

This rule is intended to implement Iowa Code sections 306.4, 307.12(1)“j,” 313.21 through 313.24, 313.27, 313.36, 314.5 and 314.6 and chapters 306A and 318.

761—150.5(17A,307) Special circumstances.

    150.5(1) Waivers. The director of transportation or the director’s designee may, in response to a written petition, waive provisions of this chapter in accordance with 761—Chapter 11. The written petition must contain the information as required in 761—subrule 11.5(2) and shall be submitted to the Rules Administrator, Office of the Director, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; or by email to the rules administrator’s email address listed on the department’s website at www.iowadot.gov/administrativerules.

    150.5(2) Waivers involving interstate highways. The director shall not waive these rules if the request involves the interstate highway system, including its ramps, without the approval of the Federal Highway Administration.

This rule is intended to implement Iowa Code sections 17A.9A and 307.12(1)“j.”

[Filed 3/18/26, effective 5/20/26]

[Published 4/15/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 4/15/26.