Bill Text: IA HF2029 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to surface water quality by requiring the establishment and maintenance of riparian protection measures, providing for financing, and providing penalties.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2024-01-10 - Introduced, referred to Environmental Protection. H.J. 55. [HF2029 Detail]
Download: Iowa-2023-HF2029-Introduced.html
House
File
2029
-
Introduced
HOUSE
FILE
2029
BY
WESSEL-KROESCHELL
,
WILBURN
,
LEVIN
,
and
STECKMAN
A
BILL
FOR
An
Act
relating
to
surface
water
quality
by
requiring
the
1
establishment
and
maintenance
of
riparian
protection
2
measures,
providing
for
financing,
and
providing
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5487YH
(3)
90
da/ns
H.F.
2029
Section
1.
Section
161A.4,
Code
2024,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
2A.
The
division,
in
consultation
with
3
the
state
soil
conservation
and
water
quality
committee,
and
4
in
cooperation
with
the
commissioners
of
the
soil
and
water
5
conservation
districts
and
the
department
of
natural
resources,
6
shall
adopt
rules
pursuant
to
chapter
17A
to
implement,
7
administer,
and
enforce
chapter
466B,
subchapter
V.
8
Sec.
2.
Section
161A.42,
subsection
4,
Code
2024,
is
amended
9
by
adding
the
following
new
paragraph:
10
NEW
PARAGRAPH
.
d.
The
establishment
of
riparian
protection
11
measures
as
provided
in
chapter
466B,
subchapter
V.
12
Sec.
3.
Section
161A.42,
subsection
9,
paragraph
a,
Code
13
2024,
is
amended
to
read
as
follows:
14
a.
(1)
“Permanent
soil
and
water
conservation
practices”
15
“Permanent
soil
and
water
conservation
practice”
means
16
planting
of
perennial
grasses,
legumes,
shrubs,
or
trees,
the
17
establishment
of
grassed
waterways,
and
or
the
construction
of
18
terraces,
or
other
permanent
soil
and
water
practices
approved
19
by
the
committee.
20
(2)
“Permanent
soil
and
water
conservation
practice”
includes
21
riparian
protection
measures
as
provided
in
chapter
466B,
22
subchapter
V.
23
Sec.
4.
Section
161A.48,
subsection
1,
Code
2024,
is
amended
24
to
read
as
follows:
25
1.
a.
An
Except
as
provided
in
paragraph
“b”
,
the
owner
26
or
occupant
of
agricultural
land
in
this
state
is
not
required
27
to
establish
any
new
permanent
or
temporary
soil
and
water
28
conservation
practice
unless
cost-share
or
other
public
29
moneys
have
been
specifically
approved
for
that
land
and
made
30
available
to
the
owner
or
occupant
pursuant
to
section
161A.74
.
31
b.
Paragraph
“a”
does
not
apply
to
riparian
protection
32
measures
as
provided
in
chapter
466B,
subchapter
V.
33
Sec.
5.
Section
161A.49,
Code
2024,
is
amended
to
read
as
34
follows:
35
-1-
LSB
5487YH
(3)
90
da/ns
1/
14
H.F.
2029
161A.49
Petition
for
court
order.
1
1.
The
Except
as
provided
in
subsection
2,
the
commissioners
2
shall
petition
the
district
court
for
a
court
order
requiring
3
immediate
compliance
with
an
administrative
order
previously
4
issued
by
the
commissioners
as
provided
in
section
161A.47
,
if
5
all
of
the
following
apply
:
6
1.
a.
The
work
necessary
to
comply
with
the
administrative
7
order
is
not
commenced
on
or
before
the
date
specified
in
such
8
order,
or
in
any
supplementary
order
subsequently
issued
as
9
provided
in
section
161A.48
,
unless
in
the
judgment
of
the
10
commissioners
the
failure
to
commence
or
complete
the
work
11
as
required
by
the
administrative
order
is
due
to
factors
12
beyond
the
control
of
the
person
or
persons
to
whom
such
order
13
is
directed
and
the
person
or
persons
can
be
relied
upon
to
14
commence
and
complete
the
necessary
work
at
the
earliest
15
possible
time.
16
2.
b.
Such
work
is
not
being
performed
with
due
diligence,
17
or
is
not
satisfactorily
completed
by
the
date
specified
in
the
18
administrative
order,
or
when
completed
does
not
reduce
soil
19
erosion
from
such
land
below
the
limits
established
by
the
soil
20
and
water
conservation
district’s
regulations.
21
3.
c.
The
person
or
persons
to
whom
the
administrative
22
order
is
directed
advise
the
commissioners
that
they
do
not
23
intend
to
commence
or
complete
such
work.
24
2.
Subsection
1
does
not
apply
to
the
extent
that
the
25
division
proceeds
against
a
landowner
for
violating
a
riparian
26
protection
measure
as
provided
in
chapter
466B,
subchapter
V.
27
Sec.
6.
Section
161A.72,
Code
2024,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
1A.
The
division
shall
provide
a
priority
30
to
financing
the
establishment
of
riparian
protection
measures
31
as
provided
in
chapter
466B,
subchapter
V.
32
Sec.
7.
Section
161C.2,
subsection
1,
paragraph
a,
Code
33
2024,
is
amended
to
read
as
follows:
34
a.
Each
soil
and
water
conservation
district,
alone
and
35
-2-
LSB
5487YH
(3)
90
da/ns
2/
14
H.F.
2029
whenever
practical
in
conjunction
with
other
districts,
1
shall
carry
out
district-wide
and
multiple-district
projects
2
to
support
water
protection
practices
in
the
district
3
or
districts,
including
projects
to
protect
this
state’s
4
groundwater
and
surface
water
from
point
and
nonpoint
sources
5
of
contamination,
including
but
not
limited
to
contamination
6
by
agricultural
drainage
wells,
sinkholes,
sedimentation,
or
7
chemical
pollutants.
A
district
acting
alone
or
in
conjunction
8
with
other
districts
shall
provide
priority
to
establishing
9
riparian
protection
measures
as
provided
in
chapter
466B,
10
subchapter
V.
11
Sec.
8.
Section
455B.171,
subsection
11,
Code
2024,
is
12
amended
to
read
as
follows:
13
11.
“Iowa
nutrient
reduction
strategy”
means
a
water
14
quality
initiative
developed
and
updated
by
the
department
of
15
agriculture
and
land
stewardship,
the
department
of
natural
16
resources,
and
the
college
of
agriculture
and
life
sciences
at
17
Iowa
state
university
of
science
and
technology
in
order
to
18
assess
do
all
of
the
following:
19
a.
Assess
and
reduce
nutrients
in
this
state’s
watersheds
20
that
utilize
a
pragmatic,
strategic,
and
coordinated
approach
21
with
the
goal
of
accomplishing
reductions
over
time.
22
b.
Evaluate
the
progress
of
water
quality
initiatives
23
including
but
not
limited
to
the
programs
and
riparian
24
protection
measures
provided
in
chapter
466B,
subchapter
V.
25
Sec.
9.
Section
466B.5,
Code
2024,
is
amended
by
adding
the
26
following
new
subsection:
27
NEW
SUBSECTION
.
2A.
Riparian
protection.
The
department
28
of
natural
resources
shall
provide
for
the
assessment
of
29
regional
watersheds
and
subwatersheds
that
are
identified
in
30
the
riparian
protection
inventory
and
map.
31
Sec.
10.
Section
466B.6,
Code
2024,
is
amended
by
adding
the
32
following
new
subsection:
33
NEW
SUBSECTION
.
3.
Riparian
protection.
A
community-based
34
subwatershed
improvement
plan
shall
provide
for
methods
to
35
-3-
LSB
5487YH
(3)
90
da/ns
3/
14
H.F.
2029
increase
compliance
with
riparian
protection
measures
provided
1
in
subchapter
V.
2
Sec.
11.
Section
466B.7,
subsection
2,
Code
2024,
is
amended
3
to
read
as
follows:
4
2.
Data
collection
and
use.
Local
communities
in
which
5
the
department
of
natural
resources
conducts
subwatershed
6
monitoring
shall
use
the
information
to
support
subwatershed
7
planning
activities,
do
local
data
collection,
and
identify
8
priority
areas
needing
additional
resources.
Local
communities
9
shall
also
collect
data
regarding
the
effect
of
riparian
10
protection
measures,
and
collect
data
over
time
and
use
the
11
data
to
evaluate
for
use
in
evaluating
the
impacts
of
their
12
management
efforts.
13
Sec.
12.
NEW
SECTION
.
466B.51
Definitions.
14
As
used
in
this
subchapter,
unless
the
context
otherwise
15
requires:
16
1.
“Department”
means
the
department
of
natural
resources.
17
2.
“District”
means
a
soil
and
water
conservation
district
18
established
in
section
161A.5.
19
3.
“Division”
means
the
division
of
soil
conservation
and
20
water
quality
created
within
the
department
of
agriculture
and
21
land
stewardship
pursuant
to
section
159.5.
22
4.
“Landowner”
means
a
person
listed
on
the
tax
assessment
23
rolls
as
responsible
for
the
payment
of
real
estate
taxes
24
imposed
on
the
land
adjacent
to
a
public
water
source.
25
5.
“Normal
water
level”
means
the
level
evidenced
by
the
26
long-term
presence
of
surface
water
as
indicated
directly
by
27
hydrophytic
plants
or
hydric
soils
or
indirectly
determined
via
28
hydrological
models
or
analysis.
29
6.
“Public
water
source”
means
waters
of
the
state
having
30
definite
banks
and
a
bed.
31
7.
“Riparian
protection
measure”
means
a
riparian
protection
32
buffer
or
an
alternative
riparian
protection
practice
as
33
provided
in
section
466B.55.
34
8.
“Waters
of
the
state”
means
any
stream,
lake,
pond,
35
-4-
LSB
5487YH
(3)
90
da/ns
4/
14
H.F.
2029
marsh,
watercourse,
waterway,
well,
spring,
reservoir,
aquifer,
1
irrigation
system,
drainage
system,
and
any
other
body
or
2
accumulation
of
water,
surface
or
underground,
natural
or
3
artificial,
public
or
private,
which
is
contained
within,
flows
4
through,
or
borders
upon
the
state
or
any
portion
of
the
state.
5
Sec.
13.
NEW
SECTION
.
466B.52
Purposes
and
goals.
6
1.
The
purpose
of
this
subchapter
is
to
establish
riparian
7
protection
measures
for
public
water
sources
that
do
all
of
the
8
following:
9
a.
Provide
protection
from
erosion
and
runoff
pollution.
10
b.
Stabilize
soils,
shores,
and
banks.
11
c.
Protect
or
provide
riparian
corridors
for
public
use.
12
2.
In
administering
this
subchapter,
the
division,
in
13
consultation
with
the
department,
shall
advance
all
of
the
14
following
goals:
15
a.
Reduce
soil
erosion
and
sediment
loss,
including
by
doing
16
any
of
the
following:
17
(1)
Stabilizing
the
soil
or
otherwise
limiting
sediment
18
from
being
conveyed
by
surface
water
runoff.
19
(2)
Filtering
sediment-laden
water.
20
b.
Manage
nutrients
and
reduce
contributing
contaminant
21
loads
to
receiving
public
surface
waters.
22
c.
Provide
a
setback
distance
from
an
input
applied
to
23
adjacent
land,
including
pesticides
as
defined
in
section
24
206.2,
nutrients
as
defined
in
section
455B.171,
commercial
25
fertilizers
as
defined
in
section
200.3,
and
manure
as
defined
26
in
section
459.102.
27
d.
Reduce
the
volume
or
velocity
of
precipitation-induced
28
surface
water.
29
e.
Improve
stream
or
ditch
bank
stability
with
deep-rooted
30
plants.
31
f.
Provide
an
infiltration
area
for
surface
water.
32
g.
Provide
an
uptake
and
denitrification
zone
for
shallow
33
subsurface
flow.
34
h.
Retire
adjacent
land
from
crop
production
in
areas
that
35
-5-
LSB
5487YH
(3)
90
da/ns
5/
14
H.F.
2029
have
low
productivity
or
are
inefficient
to
farm.
1
i.
Provide
habitat
for
beneficial
wildlife
species
if
a
2
corridor
is
sufficiently
wide
or
the
buffer
connects
larger
3
habitat
areas
together.
4
Sec.
14.
NEW
SECTION
.
466B.53
Administration
and
5
enforcement.
6
1.
The
division
shall
administer
and
enforce
this
chapter
7
in
consultation
with
the
department.
The
division
shall
adopt
8
all
rules
necessary
or
desirable
to
carry
out
this
subchapter,
9
including
rules
necessary
or
desirable
to
effectuate
this
10
subchapter’s
purposes
and
goals
as
provided
in
section
466B.52.
11
2.
The
division
shall
assist
the
department
and
the
water
12
resources
coordinating
council
established
in
section
466B.3,
13
including
in
the
completion
of
a
statewide
regional
watershed
14
assessment,
prioritization,
and
planning
process
described
in
15
section
466B.5.
16
3.
a.
The
commissioners
of
a
district
shall
consult
with
17
department
field
office
staff
in
assisting
the
division
in
the
18
administration
and
enforcement
of
this
subchapter.
19
b.
The
commissioners
of
a
district
shall
assist
landowners
20
in
establishing
and
maintaining
riparian
protection
measures.
21
The
assistance
may
be
in
the
form
of
planning,
technical
22
support,
and
tracking
progress
toward
compliance
with
the
23
requirements
of
this
subchapter.
24
4.
The
division,
acting
on
its
own
or
on
behalf
of
the
25
commissioners
of
a
district,
may
obtain
an
administrative
26
search
warrant
to
determine
compliance
with
this
subchapter
as
27
provided
in
section
808.14.
28
Sec.
15.
NEW
SECTION
.
466B.54
Riparian
protection
inventory
29
and
map.
30
1.
The
department
shall
prepare,
revise,
and
publish
a
31
riparian
protection
inventory
and
map
for
each
county
which
32
shall
be
used
as
the
basis
of
designating
public
water
sources
33
that
require
riparian
protection
from
nonpoint
sources
of
34
pollution
as
provided
in
this
subchapter.
35
-6-
LSB
5487YH
(3)
90
da/ns
6/
14
H.F.
2029
2.
In
preparing
and
revising
a
riparian
protection
1
inventory
and
map,
the
department
shall
provide
priority
to
a
2
public
water
source
classified
as
any
of
the
following:
3
a.
Part
of
a
subwatershed
that
drains
into
a
water
body
or
4
water
segment
placed
on
the
department’s
section
303(d)
list
5
as
defined
in
section
455B.171,
regardless
of
whether
a
total
6
maximum
daily
load
for
that
water
body
or
water
segment
has
7
been
developed.
8
b.
A
high-quality
water
resource
as
defined
in
section
9
459.102.
10
c.
The
Mississippi
river
basin
as
part
of
the
Mississippi
11
river
basin
initiative
as
provided
in
chapter
161G.
12
3.
Each
tract
of
land
where
each
riparian
protection
measure
13
is
to
be
established
shall
be
identified
according
to
a
system
14
of
parcels
identified
by
a
property
identification
number
15
according
to
uniform
criteria
developed
by
the
department.
16
4.
The
division,
and
a
board
governing
a
drainage
or
17
levee
district
as
provided
in
chapter
468,
shall
provide
all
18
cooperation
requested
by
the
department
in
order
to
prepare
and
19
revise
a
riparian
protection
inventory
and
map.
20
Sec.
16.
NEW
SECTION
.
466B.55
Riparian
protection
measures.
21
1.
A
landowner
shall
establish
and
maintain
riparian
22
protection
measures
as
provided
in
this
section.
23
2.
a.
A
landowner
of
property
adjacent
to
a
public
water
24
source
identified
as
part
of
a
riparian
protection
inventory
25
and
map
shall
maintain
a
continuous
riparian
protection
buffer
26
as
follows:
27
(1)
The
riparian
protection
buffer
must
consist
of
28
perennial
vegetation,
excluding
invasive
plants
and
weeds
29
declared
noxious
pursuant
to
section
317.1A,
if
the
area
is
30
adjacent
to
a
public
water
source.
31
(2)
(a)
Except
as
provided
in
subparagraph
division
(b),
32
the
riparian
protection
buffer
shall
have
a
fifty-foot
average
33
width
and
a
thirty-foot
minimum
width.
34
(b)
A
landowner
shall
comply
with
subparagraph
division
35
-7-
LSB
5487YH
(3)
90
da/ns
7/
14
H.F.
2029
(a)
twelve
months
after
the
land
is
identified
in
a
riparian
1
protection
inventory
and
map
published
under
section
466B.54.
2
The
commissioners
of
a
district
may
grant
a
landowner
a
3
one-time
waiver
of
this
requirement
for
not
more
than
one
year.
4
(3)
(a)
For
a
ditch,
tile
drain,
watercourse,
or
settling
5
basin
established
as
part
of
a
drainage
or
levee
district
6
governed
under
chapter
468,
the
buffer
shall
have
a
sixteen
and
7
one-half
foot
minimum
width.
8
(b)
A
landowner
shall
comply
with
subparagraph
division
(a)
9
twenty-four
months
after
the
land
is
identified
as
part
of
a
10
riparian
protection
inventory
and
map
published
under
section
11
466B.54.
The
commissioners
of
a
district
may
grant
a
landowner
12
a
one-time
waiver
of
this
requirement
for
not
more
than
one
13
year.
14
b.
The
width
of
a
riparian
protection
buffer
shall
be
15
measured
from
the
crown
of
the
bank.
Where
there
is
no
defined
16
bank,
the
measurement
shall
be
from
the
edge
of
the
normal
17
water
level.
The
division
may
provide
a
different
measurement
18
method
for
a
ditch,
tile
drain,
watercourse,
or
settling
basin
19
established
as
part
of
a
drainage
or
levee
district
governed
20
under
chapter
468.
21
3.
a.
A
landowner
of
property
adjacent
to
a
public
water
22
source
identified
as
part
of
a
riparian
protection
inventory
23
and
map
may
meet
the
requirements
described
in
subsection
1
24
by
adopting
an
alternative
riparian
protection
practice
alone
25
or
in
combination
with
a
modified
riparian
protection
buffer.
26
The
alternative
riparian
protection
practice
as
established
27
alone
or
in
combination
with
a
riparian
protection
buffer
shall
28
provide
water
quality
protection
comparable
to
the
riparian
29
protection
described
in
subsection
2.
30
b.
A
landowner
shall
comply
with
paragraph
“a”
twelve
31
months
after
the
land
is
identified
as
part
of
a
riparian
32
protection
inventory
and
map
published
under
section
466B.54.
33
The
commissioners
of
a
district
may
grant
a
one-time
waiver
of
34
this
requirement
for
not
more
than
one
year.
35
-8-
LSB
5487YH
(3)
90
da/ns
8/
14
H.F.
2029
4.
The
terms
and
conditions
of
a
riparian
protection
measure
1
shall
be
set
forth
in
a
parcel-specific
riparian
protection
2
compliance
plan
approved
by
the
commissioners
of
the
district
3
where
the
land
is
located
and
filed
by
the
commissioners
4
with
the
division
which
shall
be
published
on
the
division’s
5
internet
site.
The
riparian
protection
plan
may
be
part
of
6
a
financing
agreement
entered
into
by
the
landowner
and
the
7
division
or
commissioners
of
a
district
as
provided
in
chapter
8
161A.
9
5.
The
establishment
and
maintenance
of
a
riparian
10
protection
measure
shall
at
least
comply
with
all
requirements
11
of
soil
and
water
conservation
practices
or
erosion
control
12
practices
as
described
in
chapter
161A,
unless
otherwise
13
provided
by
the
division
and
agreed
to
by
the
commissioners.
14
A
riparian
protection
measure
qualifies
for
water
quality
15
agriculture
infrastructure
programs
created
in
section
466B.43
16
and
the
water
quality
urban
infrastructure
program
as
provided
17
in
section
466B.44.
A
riparian
protection
measure
shall
be
18
inspected
and
certified
by
the
commissioners
of
the
district
19
where
the
land
is
located
as
required
by
the
division.
20
6.
This
section
does
not
prevent
a
landowner
from
using
land
21
established
for
riparian
protection
in
any
manner
that
does
not
22
interfere
with
the
requirements
of
this
subchapter,
including
a
23
riparian
protection
compliance
plan.
The
division
shall
upon
24
request
of
a
landowner
issue
a
declaratory
order
regarding
the
25
use
as
provided
in
section
17A.9.
26
Sec.
17.
NEW
SECTION
.
466B.56
Exemptions.
27
1.
A
landowner
is
not
required
to
comply
with
the
28
requirements
in
section
466B.55
if
any
of
the
following
apply:
29
a.
The
public
water
source
is
located
adjacent
to
land
where
30
only
one
landowner
is
riparian.
31
b.
A
person’s
contribution
of
a
pollutant
to
a
public
32
water
source
is
regulated
by
the
department
under
chapter
455B
33
or
pursuant
to
a
permit
related
to
the
administration
of
the
34
national
pollutant
discharge
elimination
system
permit
program
35
-9-
LSB
5487YH
(3)
90
da/ns
9/
14
H.F.
2029
pursuant
to
the
federal
Water
Pollution
Control
Act,
33
U.S.C.
1
ch.
26,
as
amended,
and
40
C.F.R.
pt.
124.
However,
this
2
paragraph
does
not
apply
to
the
discharge
or
application
of
3
manure
or
other
nutrients
under
chapter
459,
459A,
or
459B.
4
c.
The
land
where
riparian
protection
measures
are
otherwise
5
required
pursuant
to
section
466B.55
is
any
of
the
following:
6
(1)
Enrolled
in
the
federal
conservation
reserve
program
as
7
described
in
7
C.F.R.
pt.
1410.
8
(2)
A
wetland
that
could
qualify
under
the
conservation
9
reserve
enhancement
program
as
provided
in
section
466.5.
10
(3)
Subject
to
a
conservation
easement
as
provided
in
11
chapter
457A.
12
(4)
Covered
by
a
road,
trail,
building,
or
other
structure.
13
(5)
Subject
to
a
crop
approved
by
the
division,
including
14
alfalfa
or
other
perennial
crop
or
part
of
a
water-inundation
15
cropping
system.
16
(6)
Part
of
a
prairie,
forest
area,
other
biologically
17
significant
area,
or
that
contains
significant
archaeological,
18
historical,
or
cultural
value.
19
(7)
Contains
geological
characteristics
which
are
20
unsuitable
for
vegetation.
21
(8)
In
a
temporary
nonvegetated
condition
due
to
drainage
22
tile
installation
and
maintenance,
plant
seeding,
or
the
23
construction
of
a
conservation
project
authorized
by
the
24
federal
government,
the
state,
or
a
political
subdivision
25
thereof.
26
2.
The
division
may
excuse
a
landowner
from
complying
with
27
the
requirements
of
section
466B.55
if
the
division
determines
28
that
compliance
would
not
significantly
further
the
purposes
29
and
goals
of
this
chapter
as
described
in
section
466B.52.
The
30
exemption
may
be
based
on
but
is
not
limited
to
any
of
the
31
following:
32
a.
The
normal
water
level,
which
may
exclude
periods
of
33
drought
or
flooding.
34
b.
The
average
water
flow,
which
may
exclude
periods
of
35
-10-
LSB
5487YH
(3)
90
da/ns
10/
14
H.F.
2029
drought
or
flooding.
1
c.
The
total
drainage
area,
which
may
exclude
periods
of
2
drought
or
flooding.
3
Sec.
18.
NEW
SECTION
.
466B.57
Corrective
action
——
4
compliance
order.
5
1.
The
division
shall
take
enforcement
action
against
6
a
landowner
who
violates
a
term
or
condition
of
a
riparian
7
protection
compliance
plan
as
provided
in
section
466B.55.
The
8
division,
in
cooperation
with
the
department
and
commissioners
9
of
a
district
where
the
land
is
located,
shall
issue
a
10
compliance
order
that
includes
a
list
of
corrective
actions
11
that
the
landowner
must
correct.
The
compliance
order
shall
12
include
a
practical
period
for
the
landowner
to
complete
the
13
corrective
actions
and
for
the
commissioners
to
inspect
the
14
land
and
approve
the
corrective
actions.
A
corrective
action
15
must
be
approved
by
the
commissioners
within
one
year
after
the
16
division
issues
the
compliance
order,
unless
the
commissioners
17
grant
an
extension.
18
2.
If
the
landowner
is
in
violation
of
a
protection
19
compliance
plan
as
provided
in
section
466B.55
and
an
20
administrative
order
is
issued
by
the
commissioners
under
21
chapter
161A,
subchapter
V,
part
1,
to
the
landowner,
the
22
division
may
waive
its
right
to
take
an
enforcement
action
23
under
this
chapter.
24
Sec.
19.
NEW
SECTION
.
466B.58
Removal
or
degradation.
25
1.
A
landowner
shall
not
engage
in
any
work
to
remove
26
or
degrade
a
riparian
protection
measure,
in
whole
or
in
27
part,
unless
the
person
has
obtained
a
signed
statement
from
28
the
commissioners
of
the
district
where
the
land
is
located
29
granting
authorization
to
engage
in
the
work
as
required
by
the
30
division.
31
2.
A
person
other
than
a
landowner
shall
not
engage
in
32
any
work
to
remove
or
degrade
a
riparian
protection
measure,
33
in
whole
or
in
part,
unless
the
person
has
obtained
a
signed
34
statement
from
the
landowner
granting
authorization
to
engage
35
-11-
LSB
5487YH
(3)
90
da/ns
11/
14
H.F.
2029
in
the
work
subject
to
the
requirements
in
subsection
1.
1
Sec.
20.
NEW
SECTION
.
466B.59
Civil
penalty.
2
1.
Except
as
provided
in
subsection
2,
a
landowner
who
does
3
not
complete
a
corrective
action
within
the
period
stated
in
4
the
compliance
order
under
section
466B.57
is
subject
to
a
5
civil
penalty
as
follows:
6
a.
One
hundred
dollars
per
parcel
as
described
in
7
the
riparian
protection
compliance
plan
which
shall
be
8
assessed,
imposed,
and
collected
on
a
thirty-day
basis
for
a
9
one-hundred-eighty-day
period.
10
b.
After
the
period
described
in
paragraph
“a”
,
five
hundred
11
dollars
per
parcel
as
described
in
the
riparian
protection
12
compliance
plan
which
shall
be
assessed,
imposed,
and
collected
13
on
a
thirty-day
basis.
14
2.
A
person
who
is
in
violation
of
section
466B.56
is
15
subject
to
a
civil
penalty
of
five
hundred
dollars
per
parcel
16
as
described
in
the
riparian
protection
compliance
plan
which
17
shall
be
assessed,
imposed,
and
collected
by
the
division
on
a
18
thirty-day
basis.
19
3.
Civil
penalties
collected
pursuant
to
this
section
shall
20
be
credited
to
the
general
fund
of
the
state.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
GENERAL.
This
bill
amends
Code
chapter
466B,
which
provides
25
for
a
number
of
programs
to
protect
surface
water
and
provide
26
for
flood
mitigation
and
watershed
management.
The
bill
27
creates
a
new
Code
subchapter
which
requires
a
landowner
having
28
an
interest
in
property
adjoining
a
public
water
source
(e.g.,
29
a
watercourse
such
as
a
river,
stream,
or
drainage
ditch;
or
30
body
of
water
such
as
a
pond,
lake,
or
reservoir)
to
establish
31
and
maintain
a
riparian
protection
measure
(measure)
in
32
compliance
with
a
riparian
protection
compliance
plan
(plan).
33
The
plan
is
derived
from
a
riparian
protection
inventory
and
34
map
developed
by
the
department
of
natural
resources
(DNR).
35
-12-
LSB
5487YH
(3)
90
da/ns
12/
14
H.F.
2029
ADMINISTRATION.
The
plan
must
be
prepared
by
the
landowner
1
and
approved
by
the
division
of
soil
conservation
and
water
2
quality
(division)
created
within
the
department
of
agriculture
3
and
land
stewardship.
The
division
must
act
in
partnership
4
with
commissioners
of
soil
and
water
conservation
districts
5
(commissioners),
and
in
cooperation
with
a
number
of
other
6
government
entities,
including
the
state
soil
conservation
7
and
water
quality
committee,
the
water
resources
coordinating
8
council,
and
DNR.
9
REQUIREMENTS.
Under
an
approved
plan,
a
landowner
must
10
establish
and
maintain
a
measure
which
is
either
a
riparian
11
protection
buffer
consisting
of
perennial
vegetation,
or
an
12
alternative
riparian
protection
practice
(e.g.,
erosion
control
13
practice
or
soil
and
water
conservation
practice)
alone
or
in
14
combination
with
a
modified
riparian
protection
buffer.
The
15
landowner
must
establish
and
maintain
the
measure
after
the
16
division
completes
a
riparian
protection
inventory
and
map
17
which
identifies
the
land
subject
to
riparian
protection.
A
18
landowner
may
apply
for
financial
assistance
to
establish
a
19
measure
under
a
number
of
programs,
including
cost-share
moneys
20
awarded
under
the
authority
of
the
division.
21
EXCEPTIONS.
The
bill
creates
a
number
of
exceptions
that
22
excuse
compliance,
including
if
(1)
there
is
only
one
riparian
23
landowner;
(2)
other
regulations
apply,
including
storm
water
24
outlets
regulated
by
DNR,
or
a
conservation
program
regulated
25
by
the
federal
or
state
government;
(3)
the
land
is
covered
by
26
another
object
or
structure;
(4)
the
land
is
used
to
produce
27
a
designated
crop;
(5)
the
land
is
part
of
an
environmentally
28
designated
area
(e.g.,
a
forest);
(6)
the
land
contains
unique
29
geological
characteristics;
or
(7)
the
land
is
subject
to
30
construction.
The
division
may
also
create
other
exceptions
31
if
it
determines
that
the
exception
would
not
interfere
with
32
the
bill’s
purposes.
33
ENFORCEMENT.
The
division
is
to
take
enforcement
action
34
against
a
landowner
who
violates
a
term
or
condition
of
a
35
-13-
LSB
5487YH
(3)
90
da/ns
13/
14
H.F.
2029
plan,
unless
the
division
allows
the
commissioners
to
take
an
1
enforcement
action
in
court
for
the
landowner’s
violation
of
2
the
terms
of
an
administrative
order
(e.g.,
for
violating
the
3
terms
of
a
cost-share
agreement).
If
the
division
enforces
the
4
plan,
if
must
first
issue
a
compliance
order
listing
items
that
5
the
landowner
must
complete
within
a
specified
time
but
not
6
more
than
one
year
after
the
compliance
order
has
been
issued.
7
The
bill
also
prohibits
a
landowner
or
another
person
from
8
engaging
in
any
work
to
remove
or
degrade
a
riparian
protection
9
measure,
unless
the
person
has
obtained
authorization.
The
10
bill
provides
a
range
of
civil
penalties
based
on
the
number
of
11
parcels
included
in
the
plan
and
the
period
that
the
violation
12
continues
after
the
compliance
order
was
delivered.
The
13
amounts
of
the
civil
penalties
range
from
$100
to
$500
per
14
parcel.
15
-14-
LSB
5487YH
(3)
90
da/ns
14/
14