306.46 - PUBLIC UTILITY FACILITIES -- PUBLIC ROAD RIGHTS-OF-WAY.
306.46 PUBLIC UTILITY FACILITIES -- PUBLIC ROADRIGHTS-OF-WAY. 1. A public utility may construct, operate, repair, or maintainits utility facilities within a public road right-of-way. Thelocation of new utility facilities shall comply with section 318.9.A utility facility shall not be constructed or installed in a mannerthat causes interference with public use of the road. 2. For purposes of this section, "public utility" means apublic utility as defined in section 476.1, and shall also includewaterworks, municipally owned waterworks, joint water utilities,rural water districts incorporated under chapter 357A or chapter 504,and cooperative water associations. For the purposes of thissection, "utility facilities" means any cables, conduits, wire,pipe, casing pipe, supporting poles, guys, and other material andequipment utilized for the furnishing of electric, gas,communications, water, or sewer service. 3. This section shall not impair or interfere with a city'sauthority to grant, amend, extend, or renew a franchise as providedin section 364.2, and shall not impair or interfere with a city'sexisting general police powers to control the use of itsright-of-way.
Section History: Recent Form 2004 Acts, ch 1014, §1, 2; 2004 Acts, ch 1049, §191; 2004 Acts, ch1175, § 332, 346; 2005 Acts, ch 3, §61; 2006 Acts, ch 1097, §14