Iowa Code

Iowa Code § 320.4 (2026)

Water and gas mains, sidewalks, and cattleways

✓ current as of July 2026
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The state department of transportation in case of primary roads, and the board of supervisors in case of secondary roads, on written application designating the particular highway and part of the highway, the use of which is desired, may grant permission: 1. To lay gas mains in highways outside cities to local municipal distributing plants or companies, but not to pipeline companies. This section shall not apply to or include pipeline companies required to obtain a license from the utilities commission. 2. To construct and maintain cattleways over or under such highways. 3. To construct sidewalks on and along such highways. 4. To lay water mains in, under, or along highways. [C97, §1524; S13, §1527-e; SS15, §1527-b; C24, 27, 31, 35, 39, §4858; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §320.4] 2023 Acts, ch 19, §2662; 2024 Acts, ch 1170, §369 Referred to in §320.5, 331.362, 589.29\n\nTue Dec 09 22:16:08 2025 Iowa Code 2026, Chapter 320 (19, 0) §320.5, USE OF HIGHWAYS FOR SIDEWALKS, SERVICE MAINS, OR CATTLEWAYS 2

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Notes of Decisions
Cited in 4 cases, 1983–1993 · leading case: Schwarzkopf v. Sac Cnty. Bd. of Supervisors, 341 N.W.2d 1 (Iowa 1983).
Schwarzkopf v. Sac Cnty. Bd. of Supervisors, 341 N.W.2d 1 (Iowa 1983). · cites it 36× “In 1976, when the board of supervisors granted this easement, it relied upon the language of Iowa Code section 320.4 which then provided: The state department of transportation in case of primary roads, and the board of supervisors in case of secondary roads, on written…”
Water Dev. Co. v. Bd. of Water Works, 488 N.W.2d 158 (Iowa 1992). · cites it 4× “Iowa Code section 320.4 (1989) provides: The state department of transportation in case of primary roads, and the board of supervisors in case of secondary roads, on written application designating the particular highway and part of the highway, the use of which is desired, may…”
Water Dev. Co. v. Lankford, 506 N.W.2d 763 (Iowa 1993). · cites it 6× “In support of its claim that WDC is trying to enforce an illegal contract, Lank-ford points to section 320.4 (1991) of our Code. It provides: The state department of transportation in case of primary roads, and the board of supervisors in case of secondary roads, on written…”
State v. Iowa Pub. Serv. Co., 454 N.W.2d 585 (Iowa 1990). · cites it 4× “” Iowa Code § 320.4 (1). The DOT also has authority to require relocation or removal of utility facilities when necessary to construct a part of the national interstate and defense highway system.”
— Iowa Code § 320.4(1) — 1 case
State v. Iowa Pub. Serv. Co., 454 N.W.2d 585 (Iowa 1990). “” Iowa Code § 320.4 (1). The DOT also has authority to require relocation or removal of utility facilities when necessary to construct a part of the national interstate and defense highway system.”
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