Iowa Code

Iowa Code § 318.8 (2026)

Permit required

✓ current as of July 2026

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A person shall not excavate, fill, or make a physical change within a highway right-of-way without obtaining a permit from the applicable highway authority. At the request of a permittee, a modification may be granted in the discretion of the highway authority. Work performed under the permit shall be performed in conformity with the specifications prescribed by the highway authority. If the work does not conform to permit specifications, the person shall be notified to make the conforming changes. If after twenty days the changes have not been made, the highway authority may make the necessary changes and immediately send a statement of the cost to the responsible person. If within thirty days after sending the statement the cost is not paid, the highway authority may institute legal proceedings to collect the cost of correction. A violation of the permit specifications shall be considered a violation of section 318.3. A public utility subject to section 306A.3 is exempt from this section. 2006 Acts, ch 1097, §8 Referred to in §318.3

Notes of Decisions

Cited in 2 cases, 2018–2018 · leading case: City of Des Moines v. Iowa Dep't of Transp. & Iowa Transp. Comm'n, 911 N.W.2d 431 (Iowa 2018).

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City of Des Moines v. Iowa Dep't of Transp. & Iowa Transp. Comm'n, 911 N.W.2d 431 (Iowa 2018). · cites it 2× “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.”

City of Des Moines v. Iowa DOT (Iowa 2018). · cites it 2× “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.”

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