Bill Text: IA HF241 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act authorizing counties to prepare, adopt, administer, and enforce riparian buffer ordinances, including by providing for the adoption of rules by the division of soil conservation and water quality, providing penalties, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-01-27 - Introduced, referred to Agriculture. H.J. 209. [HF241 Detail]
Download: Iowa-2021-HF241-Introduced.html
House
File
241
-
Introduced
HOUSE
FILE
241
BY
ISENHART
A
BILL
FOR
An
Act
authorizing
counties
to
prepare,
adopt,
administer,
1
and
enforce
riparian
buffer
ordinances,
including
by
2
providing
for
the
adoption
of
rules
by
the
division
of
soil
3
conservation
and
water
quality,
providing
penalties,
and
4
including
effective
date
provisions.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
161A.4,
subsection
2,
Code
2021,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
j.
To
adopt
rules
pursuant
to
chapter
17A
3
necessary
for
a
county
board
of
supervisors
to
prepare,
adopt,
4
administer,
and
enforce
a
riparian
buffer
ordinance
as
provided
5
in
chapter
466B,
subchapter
V.
6
Sec.
2.
NEW
SECTION
.
161A.77
Riparian
buffer
ordinance.
7
A
person
who
is
in
violation
of
a
riparian
buffer
ordinance
8
authorized
under
chapter
466B,
subchapter
V,
is
not
eligible
9
to
receive
financial
incentives
to
establish
a
permanent
soil
10
and
water
conservation
practice
or
erosion
control
practice
on
11
land
which
is
subject
to
the
ordinance,
unless
such
person
is
12
granted
a
waiver
by
the
county
board
of
supervisors
as
provided
13
in
that
subchapter.
14
Sec.
3.
Section
331.382,
Code
2021,
is
amended
by
adding
the
15
following
new
subsection:
16
NEW
SUBSECTION
.
11.
The
board
may
adopt,
administer,
and
17
enforce
a
riparian
buffer
ordinance
as
provided
in
chapter
18
466B,
subchapter
V.
19
Sec.
4.
NEW
SECTION
.
466B.51
Definitions.
20
As
used
in
this
subchapter,
unless
the
context
otherwise
21
requires:
22
1.
“Authority”
means
a
watershed
management
authority
23
created
pursuant
to
a
chapter
28E
agreement
as
provided
in
this
24
subchapter.
25
2.
“Commissioners”
means
the
commissioners
elected
to
govern
26
a
soil
and
water
conservation
district
as
provided
in
section
27
161A.5.
28
3.
“Division”
means
the
division
of
soil
conservation
and
29
water
quality
created
within
the
department
of
agriculture
and
30
land
stewardship
pursuant
to
section
159.5.
31
4.
“Local
government
entity”
means
the
commissioners
of
a
32
soil
and
water
conservation
district,
a
watershed
management
33
authority,
or
a
city.
34
5.
“Riparian
buffer”
means
a
tract
located
adjacent
to
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a
water
source
where
there
exists
during
the
growing
season
1
perennial
vegetation,
excluding
invasive
plants
and
noxious
2
weeds.
3
6.
“Riparian
buffer
ordinance”
or
“ordinance”
means
an
4
ordinance
as
defined
in
section
331.101
that
establishes
5
riparian
buffers
in
a
county.
6
7.
“Tract”
means
a
contiguous
part
of
a
section
of
land
7
adjoining
a
water
source
that
is
suitable
for
row
crop
8
production.
9
8.
“Water
source”
means
a
lake,
river,
reservoir,
creek,
10
stream,
ditch,
or
other
body
of
water
or
channel
having
a
bed
11
with
water
flow,
except
a
lake
or
pond
without
outlet
to
which
12
only
one
landowner
is
riparian.
13
Sec.
5.
NEW
SECTION
.
466B.52
Riparian
buffer
ordinance.
14
1.
A
county
board
of
supervisors
may
adopt
a
riparian
buffer
15
ordinance
as
provided
in
this
section,
upon
the
recommendation
16
of
a
local
government
entity,
according
to
an
assessment
and
17
plan
approved
by
the
local
government
entity.
18
2.
The
purpose
of
the
ordinance
shall
be
to
accomplish
one
19
or
more
of
the
following:
20
a.
Reduce
soil
erosion
and
sediment
loss.
21
b.
Manage
nutrients
and
reduce
contributing
contaminant
22
loads
to
receiving
surface
waters.
23
c.
Preserve
and
enhance
soil
health.
24
d.
Reduce
the
volume
or
velocity
of
precipitation-induced
25
surface
water.
26
3.
The
ordinance
may
do
any
of
the
following:
27
a.
Identify
water
sources
located
in
the
county
and
28
establish
riparian
buffer
requirements
for
each
tract
adjacent
29
to
a
water
source.
30
b.
Provide
for
the
issuance
of
permits,
provide
for
31
inspections,
and
set
forth
standards
related
to
the
32
establishment
and
maintenance
of
riparian
buffers.
33
4.
The
ordinance
shall
not
require
the
establishment
of
a
34
riparian
buffer
that
is
more
than
thirty
feet.
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5.
The
ordinance
may
allow
the
county
board
of
supervisors
1
to
approve
an
alternative
method
proposed
by
a
person
owning
2
a
legal
or
equitable
interest
in
the
tract
to
achieve
the
3
purpose
of
the
ordinance,
including
but
not
limited
to
the
4
establishment
of
a
wetland,
improvement,
structure,
or
practice
5
designed
to
improve
water
quality.
6
6.
The
county
board
of
supervisors
shall
publish
a
copy
of
7
the
proposed
ordinance
on
the
county’s
internet
site
not
less
8
than
ten
days
and
not
more
than
twenty
days
prior
to
a
hearing
9
for
its
consideration
or
adoption.
A
notice
of
the
hearing
10
shall
be
posted
as
otherwise
provided
in
section
21.4.
The
11
board
shall
set
a
time
and
place
for
a
public
hearing
to
vote
on
12
final
passage
of
the
ordinance
and
shall
publish
notice
of
the
13
hearing
not
less
than
ten
and
not
more
than
twenty
days
prior
14
to
the
hearing
in
the
county
newspapers
selected
under
chapter
15
349.
At
the
hearing,
a
resident
of
the
county
may
present
to
16
the
county
board
of
supervisors
objections
to
or
arguments
in
17
support
of
the
ordinance.
18
Sec.
6.
NEW
SECTION
.
466B.53
Duty
of
landowners.
19
A
person
holding
a
legal
or
equitable
interest
in
a
tract
20
adjacent
to
a
water
source
identified
in
a
riparian
buffer
21
ordinance
shall
comply
with
the
requirements
of
the
ordinance,
22
unless
granted
a
waiver
as
provided
in
section
466B.54.
23
Sec.
7.
NEW
SECTION
.
466B.54
Enforcement
——
penalty.
24
1.
a.
The
county
board
of
supervisors
may
issue
an
order
25
requiring
a
person
holding
a
legal
or
equitable
interest
in
a
26
tract
to
comply
with
a
riparian
buffer
ordinance.
27
b.
If
the
person
fails
to
comply
with
the
order,
the
county
28
board
of
supervisors
may
petition
the
district
court
to
order
29
compliance
or
order
the
person
to
cease
engaging
in
any
conduct
30
that
is
in
violation
of
the
ordinance.
31
c.
A
county
board
of
supervisors
may
grant
a
person
a
waiver
32
from
the
application
of
the
ordinance
during
any
period
that
33
the
county
board
of
supervisors
determines
that
the
person
is
34
unable
to
practicably
comply
with
the
ordinance.
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2.
A
person
violating
a
riparian
buffer
ordinance
is
guilty
1
of
a
county
infraction
as
provided
in
section
331.307.
2
a.
In
lieu
of
the
amount
of
the
civil
penalty
provided
in
3
section
331.307,
a
county
board
of
supervisors
may
assess
a
4
civil
penalty
in
an
amount
equal
to
not
more
than
the
market
5
value
of
any
crop
produced
on
the
tract
during
any
period
that
6
the
tract
does
not
comply
with
the
ordinance.
7
b.
A
person
is
not
subject
to
a
civil
penalty
for
the
period
8
that
a
person
has
been
granted
a
waiver
as
provided
in
this
9
section.
10
Sec.
8.
NEW
SECTION
.
466B.55
Cooperation
with
local
11
government
entities.
12
1.
A
county
board
of
supervisors
may
enter
into
an
13
agreement
under
chapter
28E
with
a
local
government
entity
14
having
jurisdiction
over
the
same
tract
to
assist
the
county
15
in
preparing,
administering,
and
enforcing
a
riparian
buffer
16
ordinance.
17
2.
Two
or
more
boards
of
supervisors
may
enter
into
an
18
agreement
under
chapter
28E
to
prepare,
adopt,
administer,
and
19
enforce
a
riparian
buffer
ordinance
on
a
joint
basis.
20
Sec.
9.
NEW
SECTION
.
466B.56
Division
rules.
21
The
division
shall
adopt
rules
pursuant
to
chapter
17A
22
as
required
for
a
county
board
of
supervisors
to
effectively
23
prepare,
administer,
and
enforce
a
riparian
buffer
ordinance.
24
Sec.
10.
Section
468.8,
Code
2021,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
2A.
Certification
by
the
county
board
27
of
supervisors
that
all
land
which
is
part
of
the
district
28
to
be
established
complies
with
the
requirements
of
the
29
county’s
riparian
buffer
ordinance
as
provided
in
chapter
30
466B,
subchapter
V,
unless
such
land
is
subject
to
a
waiver
31
granted
by
the
county
board
of
supervisors
as
provided
in
that
32
subchapter.
33
Sec.
11.
IMPLEMENTATION.
The
division
of
soil
conservation
34
and
water
quality
of
the
department
of
agriculture
and
land
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stewardship
shall
adopt
rules
pursuant
to
chapter
17A
necessary
1
for
a
county
board
of
supervisors
to
prepare,
administer,
and
2
enforce
a
riparian
buffer
ordinance
as
provided
in
this
Act,
3
which
rules
shall
take
effect
not
later
than
January
1,
2023.
4
Sec.
12.
EFFECTIVE
DATE.
5
1.
Except
as
provided
in
subsection
2,
this
Act
takes
effect
6
January
1,
2023.
7
2.
The
section
of
this
Act
requiring
the
division
of
soil
8
conservation
and
water
quality
of
the
department
of
agriculture
9
and
land
stewardship
to
adopt
rules
to
implement
this
Act
takes
10
effect
upon
enactment.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
GENERAL.
This
bill
authorizes
a
county
board
of
supervisors
15
(board),
upon
the
recommendation
of
a
local
government
entity
16
(commissioners
of
a
soil
and
water
conservation
district,
17
a
watershed
management
authority,
or
a
city),
to
adopt
and
18
enforce
a
riparian
buffer
ordinance
to
achieve
a
purpose
of
19
reducing
soil
erosion
and
sediment
loss;
managing
nutrients
and
20
reducing
contributing
contaminant
loads
to
receiving
surface
21
waters;
preserving
and
enhancing
soil
health;
or
reducing
the
22
volume
or
velocity
of
precipitation-induced
surface
water.
A
23
riparian
buffer
(buffer)
constitutes
a
tract
of
agricultural
24
land
(tract)
located
adjacent
to
a
water
source
where
there
25
exists
during
the
growing
season
perennial
vegetation.
The
26
buffer
cannot
exceed
30
feet.
The
board
may
approve
a
measure
27
in
lieu
of
a
buffer
(e.g.,
a
wetland)
that
accomplishes
the
28
same
objective.
29
COMPLIANCE.
A
person
holding
a
legal
or
equitable
interest
30
in
the
tract
is
required
to
comply
with
the
ordinance,
31
unless
granted
a
waiver
by
the
board
based
on
the
board’s
32
determination
that
it
is
not
practical
to
comply
with
the
33
ordinance.
A
person
violating
an
ordinance
and
not
granted
34
a
waiver
is
guilty
of
a
county
infraction
(Code
section
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331.307).
The
board
may
assess
a
civil
penalty
for
a
violation
1
of
the
ordinance.
Under
current
law,
the
civil
penalty
for
2
a
violation
of
a
county
infraction
cannot
exceed
$750
for
3
each
violation
or
$1,000
for
a
repeat
violation.
The
bill
4
authorizes
the
board
to
assess
an
alternative
civil
penalty
5
for
an
amount
equal
to
not
more
than
the
market
value
of
any
6
crop
produced
on
the
tract.
The
person
is
not
eligible
to
7
receive
financial
incentives
(cost-share
moneys)
to
establish
8
permanent
soil
and
water
conservation
practices
or
erosion
9
control
practices
(Code
chapter
161A).
A
petition
to
establish
10
a
drainage
or
levee
district
must
include
a
certification
that
11
all
land
which
is
part
of
the
proposed
district
complies
with
12
the
requirements
of
the
county’s
riparian
buffer
ordinance
or
13
is
subject
to
a
waiver
(Code
chapter
468).
14
COOPERATION.
The
board
may
enter
into
a
cooperative
15
agreement
with
a
local
government
entity
in
order
to
prepare,
16
administer,
and
enforce
the
ordinance.
Two
or
more
boards
may
17
enter
into
an
agreement
to
adopt,
administer,
and
enforce
an
18
ordinance
on
a
joint
basis.
The
division
of
soil
conservation
19
and
water
quality
(division)
within
the
department
of
20
agriculture
and
land
stewardship
is
required
to
adopt
rules
21
required
for
a
board
to
effectively
prepare,
administer,
and
22
enforce
the
ordinance.
23
EFFECTIVE
DATES.
Generally,
the
bill
takes
effect
January
24
1,
2023.
However,
the
section
of
the
bill
requiring
the
25
division
to
adopt
rules
necessary
for
a
board
to
prepare,
26
administer,
and
enforce
an
ordinance
by
that
date
takes
effect
27
upon
enactment.
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