Iowa Code

Iowa Code § 313.36 (2026)

Maintenance — limitation in cities

✓ current as of July 2026

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1. Primary roads shall be maintained by the department and the cost thereof paid out of the primary road fund. Extensions of primary roads in cities may be maintained by the department and the cost thereof paid out of the primary road fund.\n\nTue Dec 09 22:16:29 2025 Iowa Code 2026, Chapter 313 (45, 0) §313.36, PRIMARY ROADS 10\n\n 2. The total amount of funds expended in any one year on extensions of primary roads in cities shall not exceed thirty-five percent of the primary road fund. [C24, §4736; C27, 31, 35, §4775-b29; C39, §4755.27; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §313.36] 2018 Acts, ch 1041, §127 \n

Notes of Decisions

Cited in 6 cases, 1976–2010 · leading case: Ehlinger v. State, 237 N.W.2d 784 (Iowa 1976).

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Ehlinger v. State, 237 N.W.2d 784 (Iowa 1976). · cites it 5× “It is plain the State’s failure to repair highway 151 at the place of this accident violated state law, the highway commission’s maintenance manual, and the commission’s established procedure.”

Butler v. State, 336 N.W.2d 416 (Iowa 1983). · cites it 2× “The State has a statutory duty to maintain, Iowa Code § 313.36 , and improve, Iowa Code § 313.”

Koehler v. State, 263 N.W.2d 760 (Iowa 1978). · cites it 2× “” Plaintiffs contend the evidence discloses trial court was wrong in finding the State not negligent when it failed to remove a snowdrift it knew was blocking over one-half of the traveled portion of highway 14, or in not posting warning devices near the obstruction.”

Hunt v. State, 252 N.W.2d 715 (Iowa 1977). · cites it 2× “§ 313.36, The Code, 1971 (“Primary roads shall be maintained by the state highway commission * * *.”

Waters v. State, Dept. of Transp., 784 N.W.2d 24 (Iowa 2010). · cites it 2× “2d 760, 765 (Iowa 1978) (recognizing duty of department of transportation to remove obstructions on highways); see also Iowa Code § 313.36 (“Primary roads shall be maintained by the department [of transportation] .”

Martin L. Waters & Leslie Waters Vs. State Of Iowa (Iowa 2010). · cites it 2× “2d 760, 765 (Iowa 1978) (recognizing duty of department of transportation to remove obstructions on highways); see also Iowa Code § 313.36 (“Primary roads shall be maintained by the department [of transportation] .”

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