116 3rd St SE
Cedar Rapids, Iowa 52401
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Thou shalt not excavate (without a permit)
Cindy Hadish
Sep. 3, 2009 1:32 pm
Linn County Master Gardener, Clair Smith, describes lessons learned during her roadside ditch project: You've heard the phrase that you learn something every day, I'm sure. Remember the zero scaping project in my road ditch? I was attempting to slow down erosion from run off as well as eliminate mowing after my faithful riding lawn mower and I sustained a close encounter with the culvert. The zero scaping would contain rocks and mulch and eventually plants compatible with Walnut trees' juglone and distasteful to the deer population. My ditch is in the county. I hear about folks obtaining building permits. It didn't occur to me a permit was necessary to make a change, albeit an aesthetic improvement, to a ditch. So, after a discussion with a County Road Foreman, a trip to the County Engineer's office and a fee payment, I'm authorized, while following a few regulations, to work in my ditch. The Permit to Perform Work Within County Right of Way states “A person shall not excavate, fill or make any physical change within the right-of-way without obtaining a permit from the applicable highway authority.” Now, please understand, this is not a complaint. I write this merely to inform you that there are necessary rules to follow. As was pointed out to me, and I whole heartedly agree, obstructions in my ditch, such as huge boulders or a fence could cause an immediate and dangerous hazard should any moving entity come in contact with either obstacle. Mail and newspaper boxes must be of the “break away” variety. It is imperative before you commence any project to contact “One Call”. Those folks will notify the proper utilities, i.e. telephone, electrical, or cable companies, to mark their lines with those short yellow or orange flag markers set neatly in a row through the ditch or up the lane. Not connecting with “One Call” can result in a hefty fine should your shovel or skid loader sever a cable, not to mention being without a service for a period of time until repairs are completed.
Timing is important. You must plan your project to allow time after submitting your application for proper signature(s) and for snail mail to return the signed application to you. There is also a prescribed 48 hour notice of your intention to start construction in the right of way. Upon completion, the County then has the right and duty to inspect your project. If the work is unacceptable, you have twenty days to make corrections.
My residence has been at this same address in the county for over forty years so I must have been asleep under a huge rock to not realize the need for a work permit. I can tell you that I am aware that the county crews have been very cooperative to work with. As they say, they'd rather work with you than against you. My zero scaping will be completed at some point. Who knows, I may decide I want to add, change or delete parts of it. But the next time I start anything, I'll call first! Stay tuned.
Call 1-800-292-8989 or 811 at least 48 hours prior to all excavation. Iowa One Call is a free service. (photo/Iowa One Call)