314.23 - ENVIRONMENTAL PROTECTION.

        314.23  ENVIRONMENTAL PROTECTION.         It is declared to be in the general public welfare of Iowa and a      highway purpose that highway maintenance, construction,      reconstruction, and repair shall protect and preserve, by not causing      unnecessary destruction, the natural or historic heritage of the      state.  In order to provide for the protection and preservation, the      following shall be accomplished in the design, construction,      reconstruction, relocation, repair, or maintenance of roads, streets,      and highways:         1.  Woodlands.  Woodland removed shall be replaced by      plantings as close as possible to the initial site, or by acquisition      of an equal amount of woodland in the general vicinity for public      ownership and preservation, or by other mitigation deemed to be      comparable to the woodland removed, including, but not limited to,      the improvement, development, or preservation of woodland under      public ownership.         2.  Wetlands.  Wetland removed shall be replaced by      acquisition of wetland, in the same general vicinity if possible, for      public ownership and preservation, or by other mitigation deemed to      be comparable to the wetland removed, including, but not limited to,      the improvement, development, or preservation of wetland under public      ownership.         3.  Public parks.  Highways, streets, and roads constructed on      or through publicly owned lands comprising parks, preserves, or      recreation areas, shall be located and designed, in consultation with      the public entity owning the land, so as to blend aesthetically with      the areas and to minimize noise.  When land is taken from the areas      for highway construction and if, in consultation with the public      entity owning the land, mitigation is deemed necessary, the land      shall be replaced by an equal or greater amount for public use, or by      other mitigation, undertaken in consultation with the public entity      owning the land, and deemed to be appropriate to the amount of land      taken, including, but not limited to, the improvement, development,      or preservation of the areas.         4.  Prime agricultural lands.  Topsoil removed may be utilized      for landscaping and other necessary construction.  Excess topsoil      shall be made available to the former landowner or other landowners      whose land was purchased for the construction or others, and if not      acquired by one of these parties, it may be disposed.  
         Section History: Recent Form
         89 Acts, ch 311, §26