Iowa Code

Iowa Code § 318.3 (2026)

Obstructions in highway right-of-way

✓ Iowa Code 2026 (laws through the 2025 session)
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A person shall not place, or cause to be placed, an obstruction within any highway right-of-way. This prohibition includes, but is not limited to, the following actions:

1. The excavation, filling, or making of any physical changes to any part of the highway right-of-way, except as provided under section 318.8.

2. The cultivation or growing of crops within the highway right-of-way.

3. The destruction of plants placed within the highway right-of-way.

4. The placing of fences or ditches within the highway right-of-way.

5. The alteration of ditches, water breaks, or drainage tiles within the highway right-of-way.

6. The placement of trash, litter, debris, waste material, manure, rocks, crops or crop residue, brush, vehicles, machinery, or other items within the highway right-of-way.

7. The placement of billboards, signs, or advertising devices within the highway right-of-way.\n\nTue Dec 09 22:16:12 2025 Iowa Code 2026, Chapter 318 (17, 0) §318.3, OBSTRUCTIONS IN HIGHWAY RIGHTS-OF-WAY 2\n\n 8. The placement of any red reflector, or any object or other device which shall cause the effect of a red reflector on the highway right-of-way which is visible to passing motorists. 2006 Acts, ch 1097, §3 Referred to in §318.6, 318.8 \n

Notes of Decisions
Cited in 4 cases, 2009–2018 · leading case: Thompson v. Kaczinski, 774 N.W.2d 829 (Iowa 2009).
Thompson v. Kaczinski, 774 N.W.2d 829 (Iowa 2009). · cites it 24× “" An "obstruction" is defined as "an obstacle in the highway right-of-way or an impediment or hindrance which impedes, opposes, or interferes with free passage along the highway right-of-way.”
City of Des Moines v. Iowa Dep't of Transp. & Iowa Transp. Comm'n, 911 N.W.2d 431 (Iowa 2018). · cites it 5× “§ 318.3. The list of potential obstructions in Iowa Code section 318.”
Charles W. Thompson v. James F. Kaczinski, No. 08–0647 (Iowa Nov. 13, 2009). · cites it 12× “1097, § 3 (codified at Iowa Code § 318.3 (2007)). Section 318.3 provides a person “shall not place, or cause to be placed, an obstruction within any highway right-of-way.”
City of Des Moines v. Iowa DOT, No. 17-0686 (Iowa Apr. 27, 2018). · cites it 6× “§ 318.3. The list of potential obstructions in Iowa Code section 318.”
Iowa Code § 318.3(1): 2 cases
City of Des Moines v. Iowa Dep't of Transp. & Iowa Transp. Comm'n, 911 N.W.2d 431 (Iowa 2018). “§ 318.3. The list of potential obstructions in Iowa Code section 318.”
City of Des Moines v. Iowa DOT, No. 17-0686 (Iowa Apr. 27, 2018). “§ 318.3. The list of potential obstructions in Iowa Code section 318.”
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