Construction and Maintenance Practices to Minimize the Potential Liability of Counties for Roads in Rural Subdivisions, HR-221, 1981

In an earlier research project, HR-204, the magnitude and nature of highway related tort claims against counties in Iowa were investigated. However, virtually all of the claims identified in that research resulted from incidents that occurred in areas with predominantly agricultural land use. With recent increases in the rural non-farm population, many traditionally urban problems are also appearing in built-up areas under county jurisdiction. This trend is expected to continue so that counties must anticipate a change in the nature of the tort claims they will encounter. Problems that heretofore have been unique to cities may become commonplace in areas for which counties are responsible. The research reported here has been directed toward an investigation of those problems in rural subdivisions that lead to claims growing out of the provision of highway services by counties. Lacking a sufficient database among counties for the types of tort claims of interest in this research, a survey was sent to 259 cities in Iowa in order to identify highway related problems leading to those claims. The survey covered claims during a five year period from 1975 to 1980. Over one-third of the claims reported were based on alleged street defects. Another 34 percent of the claims contained allegations of damages due to backup of sanitary sewers or defects in sidewalks. By expanding the sample from the 164 cities that responded to the survey, it was estimated that a total of $49,000,000 in claims had been submitted to all 259 cities. Over 34% of this amount resulted from alleged defects in the use of traffic signs, signals, and markings. Another 42% arose from claims of defects in streets and sidewalks. Payments in settlement of claims were about 13.4% of the amount asked for those claims closed during the period covered by the survey. About $9,000,000 in claims was pending on June 30, 1980 according to the information furnished. Officials from 23 cities were interviewed to provide information on measures to overcome the problems leading to tort claims. On the basis of this information, actions have been proposed that can be undertaken by counties to reduce the potential for highway-related claims resulting from their responsibilities in rural subdivisions and unincorporated communities. Suggested actions include the eight recommendations contained in the final report for the previous research under HR-204. In addition, six recommendations resulted from this research, as follows: 1. Counties should adopt county subdivision ordinances. 2. A reasonable policy concerning sidewalks should be adopted. 3. Counties should establish and implement a system for setting road maintenance priorities. 4. Counties should establish and implement a procedure for controlling construction or maintenance activities within the highway right of way. 5. Counties should establish and implement a system to record complaints that are received relating to highway maintenance and to assure timely correction of defective conditions leading to such complaints. 6. Counties should establish and implement a procedure to ensure timely advice of highway defects for which notice is not otherwise received.

Iowa Drainage Law Manual, TR-497, 2005

The relationship between Iowa’s roads and drainage developed when rural roads were originally constructed. The land parallel to roadways was excavated to create road embankments. The resulting ditches provided an outlet for shallow tiles to drain nearby fields for farming. Iowa’s climate and terrain are nearly ideal for farming, and more than 90 percent of the land suits the purpose. Much of the land, however, needs to be artificially drained to achieve maximum productivity. Most of this drainage has been accomplished with an extensive network of levees, open ditches, and underground tiles. The U.S. Census Bureau estimated that as early as 1920 approximately nine million acres of Iowa farm land had been artificially drained or needed to be. Couple this drainage system with Iowa’s extensive surface transportation system—approximately 100,000 miles of roads and streets, 90,000 on local systems— and potential for conflicts will naturally arise. This is particularly true with urban expansion resulting in residential and commercial development of rural land. This manual contains summaries of and references to the laws most relevant to drainage in Iowa. It also includes frequently asked questions about transportation agencies’ responsibilities related to drainage. Typical policies and agreement forms used by agencies to address drainage issues are illustrated and a glossary of common terms is included.

1245-02IJ West Tarkio Final Report

Initiated in 2001, the West Tarkio Creek Watershed Project has a proven track record of implementing an enormous amount of structural conservation practices. To date, over $925,000 has been spent to build 69 miles of terraces on 63 cooperators' land. The success of the Project was due in large part to the conservation ethic of the landowners to improve their farms, preserve the productivity of the land, and protect West Tarkio Creek. This has been made possible through funding from DSC Watershed Protection Funds (WSPF) which has provided $1,362,592 in cost share funds since 2001 but is has been severely limited in recent years due to shortages within the State’s budget. The original project goals called for the construction of 750,000 feet (142 miles) of terraces to effectively treat the watershed. In order to meet these goals and bring the project to a successful endpoint, another 153,000 feet (29 miles) remain to be constructed by the landowners with the help of the SWCD staff. Severe rain events in recent years have caused an enormous amount of damage throughout the region, these storms were helpful in identifying where watershed work remains to be completed. Scars on the landscape in the aftermath of the storms clearly etched out the specific location where additional practices are needed in addition to those proposed in the original project work plan. Project supporters are confident that the WIRB Program can unlock this potential and pave the way for what can become known as one of the most effective land treatment projects in Iowa.

1204-003 North Fork Maquoketa Watershed Final Report

The Headwaters North Fork Maquoketa River Project encompasses the Hewitt Creek, Bear Creek, and the Coffee Creek-North Fork Maquoketa subwatersheds. These three.sub-watersheds have intensive livestock agriculture production with manures applied generously on the landscape. Approximately 85% of the watershed area is cropland. Although livestock operations are not permitted to discharge waste directly into surface waters, the mishandling and over-application of animal waste and fertilizer have impacted water quality. Each of the subwatersheds has a strong locally led effort, concentrating significant efforts on monitoring, education, and conservation practice adoption. The original MRBI application was accepted by USDA with funding being extended to producers through FY14. A large component of this effort was the IJOBS funds awarded by IDALS to support the Project Coordinator for the first two years of this project. As previous funding for the support of the Project Coordinator has been exhausted, the local partners identified WIRB as a potential replacement funding source. The goal of the existing MRBI effort, in being consistent with this WIRB application, will help landowners and operators in the three selected watersheds voluntarily implement conservation systems that reduce nutrient loss; protect, restore, and enhance wetlands; maintain agricultural productivity; improve wildlife habitat; and achieve other objectives, such as flood reduction.