Iowa Code

Iowa Code § 306.4 (2026)

Jurisdiction of systems

✓ current as of July 2026
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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\n\nTue Dec 09 22:16:59 2025 Iowa Code 2026, Chapter 306 (36, 0) 3 ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS, §306.4\n\nroad 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. b. When the two parties cannot initially come to agreement as to the division of costs under this subsection, the parties 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 the 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 moneys 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, type, and division of costs of construction, reconstruction, repair, and maintenance. 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 moneys 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, type, and division of costs of construction, reconstruction, repair, and maintenance. In the absence of an agreement, the jurisdiction and control of the 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 the boards’ 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 moneys on other roads over which the department exercises jurisdiction and control. The parties exercising

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Tue Dec 09 22:16:59 2025 Iowa Code 2026, Chapter 306 (36, 0) §306.4, ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS 4\n\nconcurrent jurisdiction may enter into agreements with each other as to the kind, type, and division of costs of construction, reconstruction, repair, and maintenance. In the absence of an agreement, the jurisdiction and control of the 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 moneys 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, type, and division of costs of construction, reconstruction, repair, and maintenance. In the absence of an agreement, the jurisdiction and control of the 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; 2023 Acts, ch 66, §56 Referred to in §306.2, 307.22, 307.24, 308.5, 312.3, 331.362

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Notes of Decisions
Cited in 24 cases, 1958–2019 · leading case: City of Des Moines v. Iowa Dep't of Transp. & Iowa Transp. Comm'n, 911 N.W.2d 431 (Iowa 2018).
City of Des Moines v. Iowa Dep't of Transp. & Iowa Transp. Comm'n, 911 N.W.2d 431 (Iowa 2018). · cites it 16× “See Iowa Code Chapter 318; Iowa Code §§ 306.4 , 321.348. (First alteration in original.”
Schaller v. State Ex Rel. Iowa Dep't of Nat. Resources, 537 N.W.2d 738 (Iowa 1995). · cites it 8× “Iowa Code §§ 306.4 (2), 306.10. Concurrent jurisdiction and control of a secondary road can be established only by agreement between the board of supervisors and a state agency.”
Drainage Dist. No. 119, Clay Cnty. v. Inc. City of Spencer, 268 N.W.2d 493 (Iowa 1978). · cites it 4× “Section 306.4, The Code 1971 and 1973, placed jurisdiction over each of the four types of roads but did not place jurisdiction over municipal roads or primary road extensions.”
Den Hartog v. City of Waterloo, 847 N.W.2d 459 (Iowa 2014). · cites it 2× “"Agency” is defined broadly in this context to mean "any governmental body which exercises jurisdiction over any road as provided in section 306.4.” Iowa Code § 306.2 (1) (2013).”
Hansen v. State, 528 N.W.2d 547 (Iowa 1995). · cites it 6× “Pursuant to Iowa Code § 306.4 (3), which provides: 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…”
Warren v. Iowa State High. Comm'n, 93 N.W.2d 60 (Iowa 1958). · cites it 2× “” Briefly, section 306.4 of this chapter gives to the board (in this case the Clarke County Board of Supervisors) or commission which has jurisdiction of a highway the power to “alter or vacate and close” such highway.”
Hinrichs v. Iowa State High. Comm'n, 152 N.W.2d 248 (Iowa 1967). · cites it 2× “Code section 306.4, and Warren v. Iowa State Highway Commission, 250 Iowa 473, 477 , 93 N.”
Curtis v. Bd. of Supervisors of Clinton Cnty., 270 N.W.2d 447 (Iowa 1978). “§ 306.4(1). This includes the power to determine the location and design of highways in that system.”
Symmonds v. Chicago, M., St. P. & Pr Co., 242 N.W.2d 262 (Iowa 1976). “Scott County had jurisdiction of this secondary road, § 306.4, The Code, 1971. It was authorized to place traffic control devices upon the road to warn traffic, § 321.”
Mulkins v. Bd. of Sup'rs of Page Cnty., 374 N.W.2d 410 (Iowa 1985). · cites it 2× “” Section 306.4(2) gives the county board of supervisors jurisdiction over the secondary roads.”
Soo Line R.R. v. Iowa Dep't of Transp., 501 N.W.2d 525 (Iowa 1993). · cites it 2× “2, Soo Line argues that, by reason of Iowa Code section 306.4(2), jurisdiction and control over secondary roads is vested in the county board of supervisors of the respective counties.”
East Oaks Dev., Inc. v. Iowa Dep't of Transp., 603 N.W.2d 566 (Iowa 1999). · cites it 2× “Iowa Code § 306.4 (1). East Oaks points out that the DOT’S eminent domain authority for highway purposes is limited by section 306.”
— Iowa Code § 306.4(1) — 3 cases
City of Des Moines v. Iowa Dep't of Transp. & Iowa Transp. Comm'n, 911 N.W.2d 431 (Iowa 2018). “See Iowa Code Chapter 318; Iowa Code §§ 306.4 , 321.348. (First alteration in original.”
Curtis v. Bd. of Supervisors of Clinton Cnty., 270 N.W.2d 447 (Iowa 1978). “§ 306.4(1). This includes the power to determine the location and design of highways in that system.”
— Iowa Code § 306.4(2) — 6 cases
Schaller v. State Ex Rel. Iowa Dep't of Nat. Resources, 537 N.W.2d 738 (Iowa 1995). “Iowa Code §§ 306.4 (2), 306.10. Concurrent jurisdiction and control of a secondary road can be established only by agreement between the board of supervisors and a state agency.”
Mulkins v. Bd. of Sup'rs of Page Cnty., 374 N.W.2d 410 (Iowa 1985). “” Section 306.4(2) gives the county board of supervisors jurisdiction over the secondary roads.”
Soo Line R.R. v. Iowa Dep't of Transp., 501 N.W.2d 525 (Iowa 1993). “2, Soo Line argues that, by reason of Iowa Code section 306.4(2), jurisdiction and control over secondary roads is vested in the county board of supervisors of the respective counties.”
Wild v. Allamakee Cnty., 666 N.W.2d 137 (Iowa 2003).
— Iowa Code § 306.4(3) — 5 cases
City of Des Moines v. Iowa Dep't of Transp. & Iowa Transp. Comm'n, 911 N.W.2d 431 (Iowa 2018). “See Iowa Code Chapter 318; Iowa Code §§ 306.4 , 321.348. (First alteration in original.”
Hansen v. State, 528 N.W.2d 547 (Iowa 1995). “Pursuant to Iowa Code § 306.4 (3), which provides: 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…”
City of Cedar Rapids v. State, 478 N.W.2d 602 (Iowa 1991).
Harrington v. Chicago & Nw. Transp. Co., 452 N.W.2d 614 (Iowa Ct. App. 1989).
— Iowa Code § 306.4(4) — 1 case
City of Des Moines v. Iowa Dep't of Transp. & Iowa Transp. Comm'n, 911 N.W.2d 431 (Iowa 2018). “See Iowa Code Chapter 318; Iowa Code §§ 306.4 , 321.348. (First alteration in original.”
— Iowa Code § 306.4(4)(a) — 1 case
— Iowa Code § 306.4(4)(b) — 1 case
Schaller v. State Ex Rel. Iowa Dep't of Nat. Resources, 537 N.W.2d 738 (Iowa 1995). “Iowa Code §§ 306.4 (2), 306.10. Concurrent jurisdiction and control of a secondary road can be established only by agreement between the board of supervisors and a state agency.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.