Iowa Code

Iowa Code § 306C.19 (2026)

Removal after notice

✓ current as of July 2026

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Any advertising device erected or maintained after July 1, 1972, in violation of this subchapter or the rules promulgated by the department, is a public nuisance and may be removed by the department upon thirty days’ notice, by certified mail, to the owner of the advertising device and to the owner of the land on which the advertising device is located. The notice shall require such owners to remove the advertising device if it is prohibited, or to cause it to conform to this subchapter or rules promulgated by the department if it is not prohibited.

1. If the owner of the advertising device or the landowner fails to act within thirty days as required in the notice, the advertising device shall be deemed to be forfeited and the department may enter upon the land and remove the advertising device. Such entry after notice, shall not be deemed a trespass and the department may be aided by injunction to abate the nuisance and to insure peaceful entry.

2. The cost of removal, including fees, costs and expenses which arise out of an action brought by the department to insure peaceful entry and removal, may be assessed against the owner of the advertising device. If the owner of the advertising device fails to pay the fees, costs, or expenses within thirty days after assessment, the department may commence an action to collect the fees, costs, or expenses, which when collected shall be paid into the highway beautification fund. [C73, 75, 77, 79, 81, §306C.19] 83 Acts, ch 186, §10068, 10201; 2016 Acts, ch 1011, §121 Nuisances in general, chapter 657 \n

Notes of Decisions

Cited in 3 cases, 1978–2002 · leading case: Iowa Dep't of Transp. v. Nebraska-Iowa Supply Co., 272 N.W.2d 6 (Iowa 1978).

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Iowa Dep't of Transp. v. Nebraska-Iowa Supply Co., 272 N.W.2d 6 (Iowa 1978). · cites it 24× “DOT filed its petition on March 3, 1976, alleging the defendant had failed to obtain advertising permits for 18 billboards owned by it and located near primary highways in Iowa; that such billboards constituted public nuisances under § 306C.19, The Code, and were thus subject to…”

Meredith Outdoor Advert., Inc. v. Iowa Dep't of Transp., Off. of Right of Way, 648 N.W.2d 109 (Iowa 2002). · cites it 5× “After conducting several field checks on the two signs, the Department determined the signs were improperly reconstructed or modified without a permit in violation of Iowa Code section 306C.19 and Iowa Administrative Code rule 761 — 117.”

Brazelton Grp., L.C. v. Iowa Dep't of Transp., 623 N.W.2d 581 (Iowa 2001). · cites it 2× “Prior to Brazelton’s construction of the sign, the DOT advised it the proposed sign would not be permitted under applicable statutes and agency rules.”

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