Rural Living. Linn County, Iowa

Transcription

1 Rural Living Linn County, Iowa Revised January 2012

2 TABLE OF CONTENTS Introduction Page 2 Roads and Property Access Page 2-3 Utility & Services Page 4 The Property Page 5 Mother Nature Page 6 Agriculture Page 6 In Conclusion Page 7 Brief History of Linn County Page 8 Phone Numbers Page 9 1

3 INTRODUCTION It is important to know that life in the country is not the same as life in the city. Living in a rural area is desirable for many people, but with rural living comes a degree of isolation. Because of the greater distances between houses and larger geographic area, Linn County is not able to provide the same level of service that cities do. The following information is provided to help you make an informed decision on whether to purchase rural land and relocate your residence to a rural area. This guide provides helpful information for your review as you consider rural living and provides a basis for realistic expectation of what living in the rural area of the county is like. 1. ROADS AND PROPERTY ACCESS Many county roads change dramatically due to weather and seasonal conditions. Because you can drive to your property on a given day does not guarantee that you, your guests and emergency service vehicles can achieve that same access at all times. The Linn County Engineer maintains all roads under county jurisdiction. Please consider the following: Roads 1.1 Emergency response times vary significantly and cannot be guaranteed. Under some conditions, you may find that emergency response takes much longer than you might expect. If you have medical conditions that require hospitalization, or regularly scheduled treatment, you may need to consider the limitations of living in rural areas. Winter or storm conditions may make keeping a schedule difficult. 1.2 In winter weather, some county roads become impassable. You may need a four-wheel drive vehicle with chains to travel during these weather conditions. You may also need to stay in town if your presence at work is required. Even with a four-wheel drive vehicle, there may be times you cannot get to work. Your employer may not be understanding of your decision to live in a rural setting. Linn County provides services in accordance with county policies, and it does not provide explanations to employers for absences. The Linn County snow ordinance is available on line at You may experience disappointment in the maintenance of your road. Some roads within Linn County are private and are maintained by a homeowners association. Linn County maintains approximately 1200 miles of public roads and does not maintain private roads. There are nearly 50 miles of Linn County roads that are signed as Level B or C roads that receive minimal maintenance from the county. This means no surface rocking or snow removal. Be sure to know what type of maintenance to expect and who provides that maintenance. 1.4 A rock surfaced road that drives well represents a delicate balance between being too wet and too dry. The condition of the road can go from good to bad in a matter of a few hours depending on rain, snow, temperature and traffic matters over which Linn County has no control. Rock roads when wet can develop ruts and become muddy and slippery. Rock roads when dry can develop potholes and become rough and dusty. 1.5 Rock roads generate dust. You may contract privately or with the county to have a dust control product applied to the road, but dust is a fact in rural living. Dust control options are outlined in the county policy available on line. 1.6 If your road is rock surfaced, it is unlikely that Linn County will pave it in the near future. Check with the Linn County Secondary Road Department if any statement is made by a seller of rural property indicating a rock road will be paved. Typically only main roads with 1,000 vehicles per day are paved by Linn County. 1.7 During the annual spring thaw, rock roads become soft and easily damaged by heavy loads. At times, we may embargo roads and exclude bus and truck traffic from rock roads. It may be necessary for you to take your children to the nearest paved road to meet their bus in the morning and to pick them up after school. These conditions may exist for several days to several weeks, depending on the weather. 1.8 It may be more expensive and time consuming to build on a rural lot due to delivery delays and the difficulty of access to the site. Embargoing of county roads is a frequent springtime occurrence. This may make it impractical to get construction materials to the site in the spring. Some county bridges have weight restrictions that limit the delivery of materials as well. 2

4 1.9 Natural disasters, including floods, can destroy roads. Linn County will repair damaged county secondary roads. However, private roads are the responsibility of the landowners that use those private roads. Small streams are subject to flash flooding and may wash out roads, bridges, and culverts. This may restrict access or it may make access to rural properties impossible Normal county plowing may result in snow being deposited in your driveway. The county does not clean driveways as a part of its snow removal operations. County crews will not return to remove this snow. You are also not permitted to place snow from your driveway onto the county road. For more information on Winter Snow & Ice service, please visit our website to review the Snow & Ice Control Ordinance approved by the Board of Supervisors and the departmental Winter Maintenance Operations Policy. The ordinance and the policy are located in the forms section of the Engineering & Secondary Road web page County roads are not constructed with recreation in mind. Use of county roads to exercise horses or operate snowmobiles or off-road vehicle is discouraged. It may be dangerous to use county roads for these purposes. In some cases it may not be legal as well. Pedestrian and bicycle use may also present risk Many rural intersections are not controlled by signs. Speed in Iowa is controlled by reasonable & proper per code. Use caution when approaching intersections with sight distance reduced by crops until reaching the intersection. It may be necessary to stop or reduce speed to a near stop to safely enter an intersection. Access to Property 1.13 There may be problems with gaining access to the lot if you cross the property of others through an easement. It may be necessary to obtain legal advice and understand the limitations and obligations of easements An entrance permit is required to build an access across the county right-of-way from the road into your property. Policy and development regulations allow one entrance per parcel. A second access may be granted if the parcel is larger than one acre and the first entrance is not sufficient due to physical reasons. The entrance permit may be applied for at the Linn County Engineer s Office. Entrance should be constructed to county standards. The county does not allow construction in the right-of-way without review and the proper permit. Without a permit the owner is responsible for the cost of correcting any deficiencies in the entrance. Right-of-Way 1.15 Construction of retaining walls and vertical headwalls within the county right-of-way on driveways, back slopes, and culvert entrances is prohibited. Objects of this type constitute obstructions within the right-ofway and are a hazard to vehicles that may inadvertently leave the roadway due to ice, driver error, or other factors. The Policy for Removal of Obstructions in County ROW (forms section) and the Iowa Code Section 318 link (links section) may be found on our web page You may not fill in the ditch in front of your property. The ditch serves several purposes. It provides drainage for the road and for storage of snow. Remember that you must have a permit from the County Engineer to make any alterations within the county right-of-way. Delivery of Mail, Newspaper or Packages 1.17 Mailboxes range from elaborate to utilitarian. Rural residents must remember that supports for mailboxes placed within the right-of-way must meet county standards for breakaway supports. This means that mailbox supports must be on a 4"x4" wood post, 2 diameter steel post or other approved break away design. All supports heavier than this will be required to be removed from the right of way Mail delivery may be restricted in some areas of the county. Ask the postmaster to describe the system for delivery to your area Newspaper delivery may similarly not always be available to rural areas. Check with the newspaper of your choice Standard parcel and overnight package delivery may be a problem for those living in rural areas. 3

5 2. UTILITIES & SERVICES Water, sewer, electric, telephone and other services may be unavailable. Because of the distance between customers and service centers, repairs to lines downed by storms, or crashes can often take much longer than in cities. 2.1 Telephone communications may be a problem. It may be difficult to obtain additional lines for computer use. Cellular phones may not be reliable in all areas. 2.2 Trash removal may be more expensive in a rural area. It is not generally legal to create your own trash dump, even on your own land. In some remote areas, your only option may be to haul your trash to the landfill yourself. Recycling may be more difficult because pick-up is not available in all rural areas. Spring embargo of roads may stop trash service for up to 90 days. 2.3 Many lots have utility easements that allow access to portions of the lot. These easements may restrict placement of buildings and make it necessary to check with utilities before digging on your property. Sewer 2.4 If public sewer service is available to your property, it may be expensive to hook into the system. It also may be expensive to hook into and maintain any private sewer system you may have access to. 2.5 If sewer service is not available, you will need to use an approved septic system or other treatment process. The type of soil you have available for a leach field will be very important in determining the cost and function of the system. Have the system checked by a reliable firm. Obtain a permit from the Linn County Health Department if you determine that a new system is necessary or the existing system needs major repair. Water 2.6 If you do not have access to a supply of domestic water, you may have to drill a water well. The Linn County Health Department issues permits for wells. The cost for drilling and pumping varies and may be considerable. The quality and quantity of well water may vary considerably from location to location and from season to season. It is advised that you research this issue carefully. 2.7 Some rural subdivisions are served by shared water systems. In these cases, you may be able to tie into the system instead of drilling a well. Prior to tapping into the system, you should check with the provider serving the subdivision for connection fees and monthly usage costs. 2.8 Some rural subdivisions are served by common wells, again eliminating the need to develop a well on your lot. Check with your developer or realtor as to the availability of shared wells within your subdivision. Electricity 2.9 Electric service is not available to every building site in Linn County. It is important to determine the proximity of electrical power. It can be very expensive to extend power lines to remote areas The cost of electric service is usually divided into a fee to hook into the system and then a monthly charge for energy consumed. It is important to know both costs before making a decision to purchase a specific piece of property It may be necessary to cross property owned by others in order to extend electric service to your property in the most cost efficient manner. It is important to make sure that the proper easements are in place to allow lines to be built to your property Electric power may not be available in two phase and three phase service configurations. If you have special power requirements, it is important to contact your utility to discuss the cost of servicing your needs Power outages may occur in outlying areas with more frequency than in more developed areas. A loss of electric power may interrupt your supply of water from a well. You may also lose food in freezers or refrigerators. Power outages and spikes may cause problems with electronic components and computers. It is important to plan for outages and have adequate provisions. This is especially true during winter. You may want to invest in a backup generator to provide reliable power during outages and test it periodically to assure that it functions properly. 4

6 3. THE PROPERTY There are many issues that can affect your property. It is important to research these items before purchasing land. 3.1 Not all lots can be built upon. The Linn County Assessor has many parcels that are separate for the purpose of taxation that are not legal lots in the sense that a building permit will be issued. You should check with the Linn County Planning and Development Office to know that a piece of land may be built upon. 3.2 Linn County enacted zoning regulations in the 1950 s, and building permits are required for all nonagriculture related structures. If you buy a property that has structures constructed without a permit, you may be liable for obtaining a permit and bringing the structures up to current code requirements or you may need to remove the structures. Check with Linn County Planning and Development for additional information. 3.3 Easements may require you to allow construction of roads, power lines, water lines, sewer lines, and drainage ways across your land. There may be easements that are not of record. 3.4 You may be provided with a plat of your property, but unless the land has been surveyed by a licensed surveyor, you should not assume that the plat is accurate. 3.5 Fences that separate properties often do not follow the property lines shown. A survey of the land is the only way to confirm the location of your property lines. Iowa fence custom uses the right hand rule. When you face your fence line, you are responsible for the right hand half of the fence and you are required to keep it in repair if the adjoining landowner has livestock. Private agreements on fences may be negotiated with neighbors. 3.6 Be sure to check with the Linn County Engineer before building a fence near a road so that it is not on the county right-of-way. If you plan to do any work within the county rights-of-way, you need to obtain a permit from the Linn County Engineer. The road department is interested in improving roads by cooperating with adjacent owners to blend right-of-way with private property. This may be of interest when fence is being replaced. 3.7 Many subdivisions have covenants that limit the use of the property. It is important to obtain a copy of the covenants (or confirm that there are none) and make sure that you can live with those rules. Also, a lack of covenants can cause problems between neighbors. 3.8 Homeowners associations (HOA) are established to take care of common interests: roads, open space, etc. An inactive homeowners association or poor covenants may cause problems and even involve you in litigation. These may also lead to poor private road conditions within the development and limited private snow removal. 3.9 Dues are generally imposed in areas covered by an HOA. The by-laws of the HOA govern how the organization operates and how the dues are set. Linn County does not assist HOAs with road needs on private streets or lanes The property surrounding your rural lot may change use over time. You may check with the Linn County Planning and Development Office to find out how properties are zoned and to see what information concerning future developments may be available. There is no guaranty that taking this step to inform yourself will keep you from being disappointed by changes that take place If you have a drainage district ditch running across your property it is likely that the owners of the ditch have the right to come onto your property with heavy equipment to maintain the ditch. Many lots have drainage easements that may restrict use of the lot and placement of buildings. These easements may allow adjacent property owners or the county to access your land to correct drainage problems Open burning requires a permit from the Linn County Health Department. Many areas near cities are banned from open burning A permit is required from the Linn County Engineer to construct any driveway needed for access to property All residences in the unincorporated area are required to have an E911 address sign in blue with white lettering placed by the county. A permit to obtain an address may be applied for at the Linn County Engineer s 5

7 Office at 1888 County Home Road or contact the office at (319) or through the web site. There is a cost for this required sign (currently $100). 4. MOTHER NATURE Residents of rural areas experience problems when the weather turns unfriendly. Here are some thoughts for you to consider: 4.1 The topography of the land can tell you where the water will go in the case of heavy precipitation. When property owners fill in ravines and waterways, they may find that the water that drained through that ravine or waterway now drains into other areas. This may lead to water in their buildings, or it may cause damage to a neighbor. 4.2 A flash flood may occur, especially during the spring and fall months, and turn a dry waterway into a torrent. It is prudent to investigate this possibility when building. Many roads are topped during flooding and living areas in homes should be above adjacent road elevations, generally. 4.3 Spring run-off may cause a very small creek to become a problem. Some residents use sandbags to protect their homes. The county generally does not provide sandbags, equipment or people to protect private property from flooding. 4.4 Nature may provide you with unexpected neighbors. Most, such as deer, are positive additions to the environment. However, even harmless animals like deer can cross the road unexpectedly and cause traffic crashes. Rural development encroaches on the traditional habitat of raccoon, rodents, mosquitoes and other animals that can be nuisances, and sometimes dangerous. You need to know how to deal with them. In general, it is best to enjoy wildlife from a distance. 5. AGRICULTURE Owning rural land means caring for it. You may live in close proximity to active agricultural areas. These areas include both livestock and grain production. There are a few things you may want to think about: 5.1 It is possible that adjoining agricultural uses may disturb your peace and quiet. Farmers often work around the clock, especially during planting and harvest time. Grain dryers may operate around the clock during harvest time. This operation may last for several weeks. Dairy farmers operate year around, and hay is often baled in the early morning. 5.2 Land preparation and harvest operations may cause noise and dust, especially during windy and dry weather. 5.3 Farmers occasionally burn their ditches to keep them clean of debris, weeds and other obstructions. This burning creates smoke that you may find objectionable. 5.4 Chemicals are often used in growing crops. You may be sensitive to these substances and may want to take appropriate precautions. Some of these chemicals are applied by airplanes early in the morning to avoid unfavorable winds. 5.5 Animals and their manure may cause objectionable odors. Some manure is land applied as fertilizer. The smell of livestock operations is sometimes unpleasant, but it is a fact of rural living. Iowa is an agricultural state and the largest hog producer in the nation. In most cases these operations were present before rural residences and subdivisions, so tolerance of these operations and their byproducts is a part of being a good neighbor. Sometimes a change in ownership or a shift to production of a different agricultural commodity results in conflict in an area. What is going on is not a guaranty of what will be going on. 5.6 Agriculture is an important business in Linn County. If you choose to live among farms, do not expect the county to intervene in the normal operations of your agribusiness neighbors. Remember that farms were there first. 5.7 Noxious weeds are the responsibility of the property owner. The owner may be required to pay to eradicate these weeds if a complaint is filed. Some plants are poisonous and may harm livestock. 6

8 5.8 Farm equipment traveling down a road is slow moving and often covers a large portion of the roadway. Other drivers need to be aware of the slow moving equipment. Be aware of equipment when on the road as some tractors are not equipped with turn signals and can suddenly turn into a field driveway or farm lane. 5.9 Fencing along agricultural land may be the responsibility of the residential lot owner. IN CONCLUSION Even though you pay property taxes to the county, the amount of property tax collected does not cover the cost of the services provided by the county road department for your road. The information that is provided in this guide is by no means comprehensive. There are other issues that you may encounter that we have not discussed and it is your responsibility to inform yourself of advantages and disadvantages of living in rural areas. County staff in the Engineer, Public Health, Planning and Development, Treasurer, Assessor, Recorder, Auditor and Board of Supervisors Offices can answer many of your questions or direct you to those that can. While we do not want to discourage anyone from purchasing an acreage, we do want to help those who are fortunate enough to live in the country to understand some of the circumstances involved in rural living. Country life can be enjoyable, but everyone considering that lifestyle should understand the differences between city and country living so that the experience may remain enjoyable. Some Linn County policies that owners may be interested in reviewing are available on the county website. They cover many topics from special signing along roads to dust control to access cost and responsibility to snow and emergency response. Take time to become familiar with the obligations associated with rural living. 7

9 BRIEF HISTORY OF LINN COUNTY Linn County was created by the Wisconsin Territorial Legislature in 1837 through a land purchase from the Sac and Fox Indians and was named for the Missouri senator, Lewis Fields Linn. The county seat was established in 1838 at the site of present day Marion. Iowa became a separate territory on July 4, 1838 and a state on December 28, The 1840 U.S. census indicated that the population of Linn County was 1,373. This after the first settler, William Abbe, located his home in Franklin Township in 1836 on what became known as Abbe Creek. He brought his family in 1837 and so began the fairly rapid development of Linn County. By 1860, the census showed that 18,936 people inhabited the county. Most of the early settlers came from Ohio, Pennsylvania, Indiana and New York. They located their settlements near streams to be close to drinking water, trees, transportation, and power. By 1860, there were six mills along Indian Creek alone. Roads were important to settlement. One of the first roads in Linn County was the Military Road. It was laid in 1839 and 1840 to run from Dubuque to Iowa City and is currently the route generally followed by Highway 1. The United States Government hired Lyman Dillon, a farmer from Cascade, to construct the road. He started from Iowa City and used five yoke of oxen to plow a furrow 100 miles long that was used as the road. Where Highway 1 crosses the Cedar River is the site of Ivanhoe, an early post office and the location of the earliest ferry operation in Linn County. The first session of the Iowa Territorial legislature enacted a law to establish the width of territorial roads as 70 feet. The county roads were set at 60 feet in width by the 1843 legislature. In 1851, the width was established as 66 feet. In 1873, the width was increased to 80 feet, and various legislatures have reduced and increased the width until today it is set at 66 feet unless the original establishment was less. A network of roads was quickly needed after the initial settlement of the county. The design of a new plow that allowed development of farms on the prairie accelerated the growth in population and the expansion of settlements. Because of the great productivity of the prairie soils, a tight system of local roads were developed. The property was generally sold in rectangular parcels, and the roads were developed along the rectangular section lines where practicable. Earlier road construction had been regional, and the roads had been laid out to connect settlements following the best course available. These roads generally followed the terrain and became what we call today ridge roads. The next wave of construction was by townships to service each farm property. This effort was so massive that the work was done with the cooperation of the adjacent property owners. The township helped to organize, but the landowners did much of the work. By 1880, this effort resulted in the intricate system of roads that is found on present day maps. The original township roads, built by township residents and neighbors using their labor and the assistance of their horses, mules, oxen, and steam equipment, were not rebuilt until the County Board of Supervisors launched an effort in 1924 to get Linn County lifted out of the mud. The effort to get out of the mud and to create a system of paved roads were two separate movements with similar goals. The local effort to get out of the mud was led by adjacent landowners and concentrated upon getting rock surfaced roads. The owners formed assessment districts and paid to have their road surfaced to county standards. The County participated by grading and draining the road. The proponents of paving roads were generally those associated with road construction and automobile manufacture. These good roads promoters thought that it was good business to have good roads. Linn County was near the lead in this cause. The seedling mile, the first section of paved road in the county system, was constructed in 1918 and 1919 by Linn County. The seedling mile ran on what is now Mt. Vernon Road from Braggs corner southeasterly to the Happy Valley Gas Station and was a promotion to sell road construction and the automobile as a method of transportation. The road was part of the Lincoln Highway, the first transcontinental highway. In the 1950 s, Linn County started to construct farm to market roads that would be the backbone of the county secondary road system. These roads were still intended to be rock surfaced, but the advantages of paving soon won out. By 1960, the County decided to construct a grid of paved roads to make it so that no one had to travel more than three miles to get to a paved road. The six mile grid system was complete by Linn County is now working on a hard surfaced system to provide a three mile grid of seal coated roads to improve access, development and commerce. 8

10 WEBSITE LINN COUNTY DEPARTMENT TELEPHONE NUMBERS Assessor Auditor Board of Supervisors Health Department Motor Vehicle Department Planning & Development Recorder Secondary Road / County Engineer Treasurer / Tax Office