Iowa Code » Chapter 306 — ESTABLISHMENT, ALTERATION, AND VACATION OF HIGHWAYS
Iowa Code

Iowa Code § 306.46 (2026)

Public utility facilities — public road rights-of-way

✓ current as of July 2026
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1. A public utility may construct, operate, repair, or maintain its utility facilities within a public road right-of-way. The location of new utility facilities shall comply with section 318.9. A utility facility shall not be constructed or installed in a manner that causes interference with public use of the road.

2. For purposes of this section, “public utility” means a public utility as defined in section 476.1, and shall also include waterworks, municipally owned waterworks, joint water utilities, rural water districts incorporated under chapter 357A or chapter 504, cooperative water associations, and electric transmission owners as defined in section 476.27 primarily providing service to public utilities as defined in section 476.1. For the purposes of this section, “utility facilities” means any cables, conduits, wire, pipe, casing pipe, supporting poles, guys, and other material and equipment utilized for the furnishing of electric, gas, communications, water, or sewer service.

3. This section shall not impair or interfere with a city’s authority to grant, amend, extend, or renew a franchise as provided in section 364.2, and shall not impair or interfere with a city’s existing general police powers to control the use of its right-of-way. 2004 Acts, ch 1014, §1, 2; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §332, 346; 2005 Acts, ch 3, §61; 2006 Acts, ch 1097, §14; 2016 Acts, ch 1006, §1 Referred to in §8C.7A \n

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 1946–2025 · leading case: Merritt v. Peet, 24 N.W.2d 757 (Iowa 1946).
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Merritt v. Peet, 24 N.W.2d 757 (Iowa 1946). · cites it 2× “Section 306.46, Code of 1946 (section 4605, Code of 1939).”
Linda K. Juckette v. Iowa Utils. Bd. & MidAmerican Energy Co. & Off. of Consum. Advocate (Iowa 2023). · cites it 18× “” Iowa Code § 306.46 (1). In the 2019 franchise proceedings before the IUB, MidAmerican took the position that section 306.”
Linda K. Juckette v. Iowa Utils. Bd. & MidAmerican Energy Co. & Off. of Consum. Advocate (Iowa 2023). · cites it 18× “” Iowa Code § 306.46 (1). In the 2019 franchise proceedings before the IUB, MidAmerican took the position that section 306.”
Michael Farley v. City of Coggon & The Bd. of Trs. for Coggon Mun. Light Plant (Iowa Ct. App. 2025). · cites it 10× “” The City then moved for summary judgment, and the court granted it on two separate bases: statutory qualified immunity under Iowa Code chapter 670 and on the merits under the statutory utility-facility easement provision codified at section 306.46. Farley moved to reconsider,…”
— Iowa Code § 306.46(1) — 2 cases
Linda K. Juckette v. Iowa Utils. Bd. & MidAmerican Energy Co. & Off. of Consum. Advocate (Iowa 2023). “” Iowa Code § 306.46 (1). In the 2019 franchise proceedings before the IUB, MidAmerican took the position that section 306.”
Linda K. Juckette v. Iowa Utils. Bd. & MidAmerican Energy Co. & Off. of Consum. Advocate (Iowa 2023). “” Iowa Code § 306.46 (1). In the 2019 franchise proceedings before the IUB, MidAmerican took the position that section 306.”
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