Notwithstanding chapter 169C or 318, or any other provision of law to the contrary:
1.A landowner may install a cattle guard on a street or highway if all of the following
apply:
a.The street or highway is classified as area service “B” or area service “C” as described
in section 309.57.
b.The street or highway terminates in a dead end, is completely or partially located in a
floodplain, serves no residence, and exits to a secondary road.
c.The landowner owns property on both sides of the street or highway and owns property
on both sides of any access to the street or highway.
d.The effective purpose of restraining livestock using a fence along the street or highway
is continually impaired by flooding or other natural forces.
e.Flooding or other natural forces have and will, with a r
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Notwithstanding chapter 169C or 318, or any other provision of law to the contrary:
1. A landowner may install a cattle guard on a street or highway if all of the following
apply:
a. The street or highway is classified as area service “B” or area service “C” as described
in section 309.57.
b. The street or highway terminates in a dead end, is completely or partially located in a
floodplain, serves no residence, and exits to a secondary road.
c. The landowner owns property on both sides of the street or highway and owns property
on both sides of any access to the street or highway.
d. The effective purpose of restraining livestock using a fence along the street or highway
is continually impaired by flooding or other natural forces.
e. Flooding or other natural forces have and will, with a reasonable probability, continue
to create liability for the landowner and risk of injury to the public from livestock straying on
to the secondary road to which the street or highway exits.
2. A cattle guard installed pursuant to this section shall be installed on the street or
highway at the landowner’s expense at a distance of not less than sixty-six feet from the
secondary road to which the street or highway exits.
3. After a landowner installs a cattle guard pursuant to this section, the landowner and
each successive landowner shall not be required to install or maintain a fence along the street
or highway between the point at which the cattle guard is installed and the point at which the
street or highway terminates in a dead end. All of the following shall apply to a landowner
who is not required to install or maintain a fence along the street or highway pursuant to this
subsection:
a. The landowner shall not be liable to a local authority as provided in section 169C.4,
subsection 1, paragraph “c”, for livestock straying on to the street or highway.
b. A local authority shall not take custody of the landowner’s livestock on the street or
highway as provided in section 169C.2.
c. The landowner shall not be subject to section 169C.6 for livestock straying on to the
street or highway.
4. a. A landowner who installs a cattle guard pursuant to this section and each successive
landowner shall be liable for injury to any person, for damage to any vehicle or equipment,
and for damage to the contents of any vehicle or equipment, which occurs proximately as a
result of the construction, installation, or maintenance of the cattle guard or as a result of
livestock straying on to the street or highway between the point at which the cattle guard is
installed and the point at which the street or highway terminates in a dead end.
b. Upontheinstallationofacattleguardpursuanttothissection, andbeforeJuly1ofeach
year thereafter, the landowner who installed the cattle guard or a successive landowner shall
submit to the appropriate county office of the county having jurisdiction over the street or
highway on which the cattle guard is installed, as designated by the county, proof of liability
coverage in effect for the following one-year period which covers any injury or loss arising
from the landowner’s liability as set forth in paragraph “a”.
c. This section shall not be construed to alter, limit, or nullify the maintenance
requirements assigned to a county, and a county’s liability relating to such maintenance
requirements, pursuant to section 309.57 for the street or highway on which the cattle guard
is installed.
5. As used in this section:
a. “Cattle guard” means a structure consisting of parallel bars placed over a shallow ditch
that allows motor vehicles to pass over the ditch, but prevents cattle and other livestock from
passing over the ditch.
b. “Fence” means as defined in section 169C.1.
c. “Landowner” means as defined in section 169C.1.
d. “Local authority” means as defined in section 169C.1.
e. “Secondary road” means as defined in section 306.3.