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Ask Mr. Answer Person: A reader asks about farming "right-of-way" land

Posted: Thu, Sep 25, 2014 4:49 PM

Ryan e-mails: "How far off the center line of the road does the county or state own?  Farmers seem to be planting crops in the right-of-way and seen to be getting away with it.  This kind of farming practice is bad for the environment and creates more work for county and state works to continuously dig ditches simply to give the soil back to the farmer."
 
Mr. Answer Person says: "There is no standard measurement for how much right-of-way there is on the side of county or state roads—the right-of-way width varies according to the particular location, especially in hilly areas like Winneshiek County.
 
But that doesn't mean Winneshiek County lets property owners farm in the right-of-way.  State law in Iowa says farmers cannot "till" the right-of-way.  That means they can't plant corn or soybeans or even vegetables.  However, by state law farmers are allowed to use the right-of-way for other purposes.  For instance, they can use the right-of-way as grazing land.  They can also mow and bale the right-of-way.
 
Winneshiek County Engineer Lee Bjerke says his office does check out complaints about farmers using right-of-way.  In fact, his crews have even gone in and mowed down plantings on county right-of-way.