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House
File
151
-
Introduced
HOUSE
FILE
151
BY
WESSEL-KROESCHELL
,
LEVIN
,
R.
JOHNSON
,
KRESSIG
,
McBURNEY
,
MADISON
,
GOSA
,
WICHTENDAHL
,
BROWN-POWERS
,
B.
MEYER
,
and
KURTH
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
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Section
1.
Section
161A.4,
Code
2025,
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
2025,
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,
Code
2025,
is
amended
by
adding
the
13
following
new
subsections:
14
NEW
SUBSECTION
.
7A.
“Permanent
soil
and
water
conservation
15
practice”
means
the
planting
of
perennial
grass,
legumes,
16
shrubs,
or
trees,
the
establishment
of
a
grassed
waterway,
the
17
construction
of
a
terrace,
or
another
permanent
soil
and
water
18
practice
approved
by
the
division.
19
NEW
SUBSECTION
.
12.
“Temporary
soil
and
water
conservation
20
practice”
means
the
planting
of
annual
or
biennial
crops,
use
of
21
strip-cropping,
contour
planting,
or
minimum
or
mulch
tillage,
22
or
any
other
cultural
practice
approved
by
the
division.
23
Sec.
4.
Section
161A.42,
subsection
9,
Code
2025,
is
amended
24
to
read
as
follows:
25
9.
“Soil
and
water
conservation
practices”
“Soil
and
water
26
conservation
practice”
means
any
of
the
practices
designated
27
in
or
pursuant
to
this
subsection
practice
which
serve
serves
28
to
prevent
erosion
of
soil
by
wind
or
water,
in
excess
of
29
applicable
soil
loss
limits,
from
land
used
for
agricultural
30
or
horticultural
purposes
only.
31
a.
“Permanent
soil
and
water
conservation
practices”
means
32
planting
of
perennial
grasses,
legumes,
shrubs,
or
trees,
the
33
establishment
of
grassed
waterways,
and
the
construction
of
34
terraces,
or
other
permanent
soil
and
water
practices
approved
35
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by
the
division.
1
b.
“Temporary
soil
and
water
conservation
practices”
means
2
planting
of
annual
or
biennial
crops,
use
of
strip-cropping,
3
contour
planting,
or
minimum
or
mulch
tillage,
and
any
other
4
cultural
practices
approved
by
the
division.
5
Sec.
5.
Section
161A.48,
subsection
1,
Code
2025,
is
amended
6
to
read
as
follows:
7
1.
a.
An
Except
as
provided
in
paragraph
“b”
,
the
owner
8
or
occupant
of
agricultural
land
in
this
state
is
not
required
9
to
establish
any
new
permanent
or
temporary
soil
and
water
10
conservation
practice
unless
cost-share
or
other
public
11
moneys
have
been
specifically
approved
for
that
land
and
made
12
available
to
the
owner
or
occupant
pursuant
to
section
161A.74
.
13
b.
Paragraph
“a”
does
not
apply
to
riparian
protection
14
measures
as
provided
in
chapter
466B,
subchapter
V.
15
Sec.
6.
Section
161A.49,
Code
2025,
is
amended
to
read
as
16
follows:
17
161A.49
Petition
for
court
order.
18
1.
The
Except
as
provided
in
subsection
2,
the
commissioners
19
shall
petition
the
district
court
for
a
court
order
requiring
20
immediate
compliance
with
an
administrative
order
previously
21
issued
by
the
commissioners
as
provided
in
section
161A.47
,
if
22
all
of
the
following
apply
:
23
1.
a.
The
work
necessary
to
comply
with
the
administrative
24
order
is
not
commenced
on
or
before
the
date
specified
in
such
25
order,
or
in
any
supplementary
order
subsequently
issued
as
26
provided
in
section
161A.48
,
unless
in
the
judgment
of
the
27
commissioners
the
failure
to
commence
or
complete
the
work
28
as
required
by
the
administrative
order
is
due
to
factors
29
beyond
the
control
of
the
person
or
persons
to
whom
such
order
30
is
directed
and
the
person
or
persons
can
be
relied
upon
to
31
commence
and
complete
the
necessary
work
at
the
earliest
32
possible
time.
33
2.
b.
Such
work
is
not
being
performed
with
due
diligence,
34
or
is
not
satisfactorily
completed
by
the
date
specified
in
the
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administrative
order,
or
when
completed
does
not
reduce
soil
1
erosion
from
such
land
below
the
limits
established
by
the
soil
2
and
water
conservation
district’s
regulations.
3
3.
c.
The
person
or
persons
to
whom
the
administrative
4
order
is
directed
advise
the
commissioners
that
they
do
not
5
intend
to
commence
or
complete
such
work.
6
2.
Subsection
1
does
not
apply
to
the
extent
that
the
7
division
proceeds
against
a
landowner
for
violating
a
riparian
8
protection
measure
as
provided
in
chapter
466B,
subchapter
V.
9
Sec.
7.
Section
161A.72,
Code
2025,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
1A.
The
division
shall
provide
a
priority
12
to
financing
the
establishment
of
riparian
protection
measures
13
as
provided
in
chapter
466B,
subchapter
V.
14
Sec.
8.
Section
161C.2,
subsection
1,
paragraph
a,
Code
15
2025,
is
amended
to
read
as
follows:
16
a.
Each
soil
and
water
conservation
district,
alone
and
17
whenever
practical
in
conjunction
with
other
districts,
18
shall
carry
out
district-wide
and
multiple-district
projects
19
to
support
water
protection
practices
in
the
district
20
or
districts,
including
projects
to
protect
this
state’s
21
groundwater
and
surface
water
from
point
and
nonpoint
sources
22
of
contamination,
including
but
not
limited
to
contamination
23
by
agricultural
drainage
wells,
sinkholes,
sedimentation,
or
24
chemical
pollutants.
A
district
acting
alone
or
in
conjunction
25
with
other
districts
shall
provide
priority
to
establishing
26
riparian
protection
measures
as
provided
in
chapter
466B,
27
subchapter
V.
28
Sec.
9.
Section
455B.171,
subsection
11,
Code
2025,
is
29
amended
to
read
as
follows:
30
11.
“Iowa
nutrient
reduction
strategy”
means
a
water
31
quality
initiative
developed
and
updated
by
the
department
of
32
agriculture
and
land
stewardship,
the
department
of
natural
33
resources,
and
the
college
of
agriculture
and
life
sciences
at
34
Iowa
state
university
of
science
and
technology
in
order
to
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assess
do
all
of
the
following:
1
a.
Assess
and
reduce
nutrients
in
this
state’s
watersheds
2
that
utilize
a
pragmatic,
strategic,
and
coordinated
approach
3
with
the
goal
of
accomplishing
reductions
over
time.
4
b.
Evaluate
the
progress
of
water
quality
initiatives
5
including
but
not
limited
to
the
programs
and
riparian
6
protection
measures
provided
in
chapter
466B,
subchapter
V.
7
Sec.
10.
Section
466B.5,
Code
2025,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
2A.
Riparian
protection.
The
department
10
of
natural
resources
shall
provide
for
the
assessment
of
11
regional
watersheds
and
subwatersheds
that
are
identified
in
12
the
riparian
protection
inventory
and
map.
13
Sec.
11.
Section
466B.6,
Code
2025,
is
amended
by
adding
the
14
following
new
subsection:
15
NEW
SUBSECTION
.
3.
Riparian
protection.
A
community-based
16
subwatershed
improvement
plan
shall
provide
for
methods
to
17
increase
compliance
with
riparian
protection
measures
provided
18
in
subchapter
V.
19
Sec.
12.
Section
466B.7,
subsection
2,
Code
2025,
is
amended
20
to
read
as
follows:
21
2.
Data
collection
and
use.
Local
communities
in
which
22
the
department
of
natural
resources
conducts
subwatershed
23
monitoring
shall
use
the
information
to
support
subwatershed
24
planning
activities,
do
local
data
collection,
and
identify
25
priority
areas
needing
additional
resources.
Local
communities
26
shall
also
collect
data
regarding
the
effect
of
riparian
27
protection
measures,
and
collect
data
over
time
and
use
the
28
data
to
evaluate
for
use
in
evaluating
the
impacts
of
their
29
management
efforts.
30
Sec.
13.
NEW
SECTION
.
466B.51
Definitions.
31
As
used
in
this
subchapter,
unless
the
context
otherwise
32
requires:
33
1.
“Department”
means
the
department
of
natural
resources.
34
2.
“District”
means
a
soil
and
water
conservation
district
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established
in
section
161A.5.
1
3.
“Division”
means
the
division
of
soil
conservation
and
2
water
quality
created
within
the
department
of
agriculture
and
3
land
stewardship
pursuant
to
section
159.5.
4
4.
“Landowner”
means
a
person
listed
on
the
tax
assessment
5
rolls
as
responsible
for
the
payment
of
real
estate
taxes
6
imposed
on
the
land
adjacent
to
a
public
water
source.
7
5.
“Normal
water
level”
means
the
level
evidenced
by
the
8
long-term
presence
of
surface
water
as
indicated
directly
by
9
hydrophytic
plants
or
hydric
soils
or
indirectly
determined
via
10
hydrological
models
or
analysis.
11
6.
a.
“Process
wastewater”
means
water
directly
or
12
indirectly
used
in
the
operation
of
an
animal
feeding
operation
13
as
defined
in
section
459.102
for
spillage
or
overflow
from
14
animal
or
poultry
watering
systems;
washing,
cleaning,
or
15
flushing
of
pens,
barns,
manure
pits,
or
other
facilities;
16
direct
contact
swimming,
washing,
or
spray-cooling
of
animals;
17
or
dust
control.
18
b.
“Process
wastewater”
also
includes
any
water
that
comes
19
into
contact
with
any
raw
materials,
products,
or
byproducts,
20
including
manure,
litter,
feed,
milk,
eggs,
or
bedding.
21
7.
“Public
water
source”
means
waters
of
the
state
having
22
definite
banks
and
a
bed.
23
8.
“Riparian
protection
measure”
means
a
riparian
protection
24
buffer
or
an
alternative
riparian
protection
practice
as
25
provided
in
section
466B.55.
26
9.
“Waters
of
the
state”
means
any
stream,
lake,
pond,
27
marsh,
watercourse,
waterway,
well,
spring,
reservoir,
aquifer,
28
irrigation
system,
drainage
system,
and
any
other
body
or
29
accumulation
of
water,
surface
or
underground,
natural
or
30
artificial,
public
or
private,
which
is
contained
within,
flows
31
through,
or
borders
upon
the
state
or
any
portion
of
the
state.
32
Sec.
14.
NEW
SECTION
.
466B.52
Purposes
and
goals.
33
1.
The
purpose
of
this
subchapter
is
to
establish
riparian
34
protection
measures
for
public
water
sources
that
do
all
of
the
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following:
1
a.
Provide
protection
from
erosion
and
runoff
pollution.
2
b.
Stabilize
soils,
shores,
and
banks.
3
c.
Protect
or
provide
riparian
corridors
for
public
use.
4
2.
In
administering
this
subchapter,
the
division,
in
5
consultation
with
the
department,
shall
advance
all
of
the
6
following
goals:
7
a.
Reduce
soil
erosion
and
sediment
loss,
including
by
doing
8
any
of
the
following:
9
(1)
Stabilizing
the
soil
or
otherwise
limiting
sediment
10
from
being
conveyed
by
surface
water
runoff.
11
(2)
Filtering
sediment-laden
water.
12
b.
Manage
nutrients
and
reduce
contributing
contaminant
13
loads
to
receiving
public
surface
waters.
14
c.
Provide
a
setback
distance
from
an
input
applied
to
15
adjacent
land,
including
pesticides
as
defined
in
section
16
206.2,
nutrients
as
defined
in
section
455B.171,
commercial
17
fertilizers
or
soil
conditioners
as
those
terms
are
defined
18
in
section
200.3,
manure
as
defined
in
section
459.102,
open
19
feedlot
effluent
or
animal
truck
wash
effluent
as
those
terms
20
are
defined
in
section
459A.102,
or
process
wastewater.
21
d.
Reduce
the
volume
or
velocity
of
precipitation-induced
22
surface
water.
23
e.
Improve
stream
or
ditch
bank
stability
with
deep-rooted
24
plants.
25
f.
Provide
an
infiltration
area
for
surface
water.
26
g.
Provide
an
uptake
and
denitrification
zone
for
shallow
27
subsurface
flow.
28
h.
Retire
adjacent
land
from
crop
production
in
areas
that
29
have
low
productivity
or
are
inefficient
to
farm.
30
i.
Provide
habitat
for
beneficial
wildlife
species
if
a
31
corridor
is
sufficiently
wide
or
the
buffer
connects
larger
32
habitat
areas
together.
33
Sec.
15.
NEW
SECTION
.
466B.53
Administration
and
34
enforcement.
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1.
The
division
shall
administer
and
enforce
this
chapter
1
in
consultation
with
the
department.
The
division
shall
adopt
2
all
rules
necessary
or
desirable
to
carry
out
this
subchapter,
3
including
rules
necessary
or
desirable
to
effectuate
this
4
subchapter’s
purposes
and
goals
as
provided
in
section
466B.52.
5
2.
The
division
shall
assist
the
department
and
the
water
6
resources
coordinating
council
established
in
section
466B.3,
7
including
in
the
completion
of
a
statewide
regional
watershed
8
assessment,
prioritization,
and
planning
process
described
in
9
section
466B.5.
10
3.
a.
The
commissioners
of
a
district
shall
consult
with
11
department
field
office
staff
in
assisting
the
division
in
the
12
administration
and
enforcement
of
this
subchapter.
13
b.
The
commissioners
of
a
district
shall
assist
landowners
14
in
establishing
and
maintaining
riparian
protection
measures.
15
The
assistance
may
be
in
the
form
of
planning,
technical
16
support,
and
tracking
progress
toward
compliance
with
the
17
requirements
of
this
subchapter.
18
4.
The
division,
acting
on
its
own
or
on
behalf
of
the
19
commissioners
of
a
district,
may
obtain
an
administrative
20
search
warrant
to
determine
compliance
with
this
subchapter
as
21
provided
in
section
808.14.
22
Sec.
16.
NEW
SECTION
.
466B.54
Riparian
protection
inventory
23
and
map.
24
1.
The
department
shall
prepare,
revise,
and
publish
a
25
riparian
protection
inventory
and
map
for
each
county
which
26
shall
be
used
as
the
basis
of
designating
public
water
sources
27
that
require
riparian
protection
from
nonpoint
sources
of
28
pollution
as
provided
in
this
subchapter.
29
2.
In
preparing
and
revising
a
riparian
protection
30
inventory
and
map,
the
department
shall
provide
priority
to
a
31
public
water
source
classified
as
any
of
the
following:
32
a.
Part
of
a
subwatershed
that
drains
into
a
water
body
or
33
water
segment
placed
on
the
department’s
section
303(d)
list
34
as
defined
in
section
455B.171,
regardless
of
whether
a
total
35
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maximum
daily
load
for
that
water
body
or
water
segment
has
1
been
developed.
2
b.
A
high-quality
water
resource
as
defined
in
section
3
459.102.
4
c.
The
Mississippi
river
basin
as
part
of
the
Mississippi
5
river
basin
healthy
watersheds
initiative
as
provided
in
6
chapter
161G.
7
3.
Each
tract
of
land
where
each
riparian
protection
measure
8
is
to
be
established
shall
be
identified
according
to
a
system
9
of
parcels
identified
by
a
property
identification
number
10
according
to
uniform
criteria
developed
by
the
department.
11
4.
The
division,
and
a
board
governing
a
drainage
or
12
levee
district
as
provided
in
chapter
468,
shall
provide
all
13
cooperation
requested
by
the
department
in
order
to
prepare
and
14
revise
a
riparian
protection
inventory
and
map.
15
Sec.
17.
NEW
SECTION
.
466B.55
Riparian
protection
measures.
16
1.
A
landowner
shall
establish
and
maintain
riparian
17
protection
measures
as
provided
in
this
section.
18
2.
a.
A
landowner
of
property
adjacent
to
a
public
water
19
source
identified
as
part
of
a
riparian
protection
inventory
20
and
map
shall
maintain
a
continuous
riparian
protection
buffer
21
as
follows:
22
(1)
The
riparian
protection
buffer
must
consist
of
23
perennial
vegetation,
excluding
invasive
plants
and
weeds
24
declared
noxious
pursuant
to
section
317.1A,
if
the
area
is
25
adjacent
to
a
public
water
source.
26
(2)
(a)
Except
as
provided
in
subparagraph
division
(b),
27
the
riparian
protection
buffer
shall
have
a
fifty-foot
average
28
width
and
a
thirty-foot
minimum
width.
29
(b)
A
landowner
shall
comply
with
subparagraph
division
30
(a)
twelve
months
after
the
land
is
identified
in
a
riparian
31
protection
inventory
and
map
published
under
section
466B.54.
32
The
commissioners
of
a
district
may
grant
a
landowner
a
33
one-time
waiver
of
this
requirement
for
not
more
than
one
year.
34
(3)
(a)
For
a
ditch,
tile
drain,
watercourse,
or
settling
35
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basin
established
as
part
of
a
drainage
or
levee
district
1
governed
under
chapter
468,
the
buffer
shall
have
a
sixteen
and
2
one-half
foot
minimum
width.
3
(b)
A
landowner
shall
comply
with
subparagraph
division
(a)
4
twenty-four
months
after
the
land
is
identified
as
part
of
a
5
riparian
protection
inventory
and
map
published
under
section
6
466B.54.
The
commissioners
of
a
district
may
grant
a
landowner
7
a
one-time
waiver
of
this
requirement
for
not
more
than
one
8
year.
9
b.
The
width
of
a
riparian
protection
buffer
shall
be
10
measured
from
the
crown
of
the
bank.
Where
there
is
no
defined
11
bank,
the
measurement
shall
be
from
the
edge
of
the
normal
12
water
level.
The
division
may
provide
a
different
measurement
13
method
for
a
ditch,
tile
drain,
watercourse,
or
settling
basin
14
established
as
part
of
a
drainage
or
levee
district
governed
15
under
chapter
468.
16
3.
a.
A
landowner
of
property
adjacent
to
a
public
water
17
source
identified
as
part
of
a
riparian
protection
inventory
18
and
map
may
meet
the
requirements
described
in
subsection
1
19
by
adopting
an
alternative
riparian
protection
practice
alone
20
or
in
combination
with
a
modified
riparian
protection
buffer.
21
The
alternative
riparian
protection
practice
as
established
22
alone
or
in
combination
with
a
riparian
protection
buffer
shall
23
provide
water
quality
protection
comparable
to
the
riparian
24
protection
described
in
subsection
2.
25
b.
A
landowner
shall
comply
with
paragraph
“a”
twelve
26
months
after
the
land
is
identified
as
part
of
a
riparian
27
protection
inventory
and
map
published
under
section
466B.54.
28
The
commissioners
of
a
district
may
grant
a
one-time
waiver
of
29
this
requirement
for
not
more
than
one
year.
30
4.
The
terms
and
conditions
of
a
riparian
protection
measure
31
shall
be
set
forth
in
a
parcel-specific
riparian
protection
32
compliance
plan
approved
by
the
commissioners
of
the
district
33
where
the
land
is
located
and
filed
by
the
commissioners
34
with
the
division
which
shall
be
published
on
the
division’s
35
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internet
site.
The
riparian
protection
plan
may
be
part
of
1
a
financing
agreement
entered
into
by
the
landowner
and
the
2
division
or
commissioners
of
a
district
as
provided
in
chapter
3
161A.
4
5.
The
establishment
and
maintenance
of
a
riparian
5
protection
measure
shall
at
least
comply
with
all
requirements
6
of
soil
and
water
conservation
practices
or
erosion
control
7
practices
as
described
in
chapter
161A,
unless
otherwise
8
provided
by
the
division
and
agreed
to
by
the
commissioners.
9
A
riparian
protection
measure
qualifies
for
water
quality
10
agriculture
infrastructure
programs
created
in
section
466B.43
11
and
the
water
quality
urban
infrastructure
program
as
provided
12
in
section
466B.44.
A
riparian
protection
measure
shall
be
13
inspected
and
certified
by
the
commissioners
of
the
district
14
where
the
land
is
located
as
required
by
the
division.
15
6.
This
section
does
not
prevent
a
landowner
from
using
land
16
established
for
riparian
protection
in
any
manner
that
does
not
17
interfere
with
the
requirements
of
this
subchapter,
including
a
18
riparian
protection
compliance
plan.
The
division
shall
upon
19
request
of
a
landowner
issue
a
declaratory
order
regarding
the
20
use
as
provided
in
section
17A.9.
21
Sec.
18.
NEW
SECTION
.
466B.56
Exemptions.
22
1.
A
landowner
is
not
required
to
comply
with
the
23
requirements
in
section
466B.55
if
any
of
the
following
apply:
24
a.
The
public
water
source
is
located
adjacent
to
land
where
25
only
one
landowner
is
riparian.
26
b.
A
person’s
contribution
of
a
pollutant
to
a
public
27
water
source
is
regulated
by
the
department
under
chapter
455B
28
or
pursuant
to
a
permit
related
to
the
administration
of
the
29
national
pollutant
discharge
elimination
system
permit
program
30
pursuant
to
the
federal
Water
Pollution
Control
Act,
33
U.S.C.
31
ch.
26,
as
amended,
and
40
C.F.R.
pt.
124.
However,
this
32
paragraph
does
not
apply
to
the
discharge
or
application
of
33
manure
or
other
nutrients
under
chapter
459,
459A,
or
459B.
34
c.
The
land
where
riparian
protection
measures
are
otherwise
35
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required
pursuant
to
section
466B.55
is
any
of
the
following:
1
(1)
Enrolled
in
the
federal
conservation
reserve
program
as
2
described
in
7
C.F.R.
pt.
1410.
3
(2)
A
wetland
that
could
qualify
under
the
conservation
4
reserve
enhancement
program
as
provided
in
section
466.5.
5
(3)
Subject
to
a
conservation
easement
as
provided
in
6
chapter
457A.
7
(4)
Covered
by
a
road,
trail,
building,
or
other
structure.
8
(5)
Subject
to
a
crop
approved
by
the
division,
including
9
alfalfa
or
other
perennial
crop
or
part
of
a
water-inundation
10
cropping
system.
11
(6)
Part
of
a
prairie,
forest
area,
other
biologically
12
significant
area,
or
that
contains
significant
archaeological,
13
historical,
or
cultural
value.
14
(7)
Contains
geological
characteristics
which
are
15
unsuitable
for
vegetation.
16
(8)
In
a
temporary
nonvegetated
condition
due
to
drainage
17
tile
installation
and
maintenance,
plant
seeding,
or
the
18
construction
of
a
conservation
project
authorized
by
the
19
federal
government,
the
state,
or
a
political
subdivision
20
thereof.
21
2.
The
division
may
excuse
a
landowner
from
complying
with
22
the
requirements
of
section
466B.55
if
the
division
determines
23
that
compliance
would
not
significantly
further
the
purposes
24
and
goals
of
this
chapter
as
described
in
section
466B.52.
The
25
exemption
may
be
based
on
but
is
not
limited
to
any
of
the
26
following:
27
a.
The
normal
water
level,
which
may
exclude
periods
of
28
drought
or
flooding.
29
b.
The
average
water
flow,
which
may
exclude
periods
of
30
drought
or
flooding.
31
c.
The
total
drainage
area,
which
may
exclude
periods
of
32
drought
or
flooding.
33
Sec.
19.
NEW
SECTION
.
466B.57
Corrective
action
——
34
compliance
order.
35
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1.
The
division
shall
take
enforcement
action
against
1
a
landowner
who
violates
a
term
or
condition
of
a
riparian
2
protection
compliance
plan
as
provided
in
section
466B.55.
The
3
division,
in
cooperation
with
the
department
and
commissioners
4
of
a
district
where
the
land
is
located,
shall
issue
a
5
compliance
order
that
includes
a
list
of
corrective
actions
6
that
the
landowner
must
correct.
The
compliance
order
shall
7
include
a
practical
period
for
the
landowner
to
complete
the
8
corrective
actions
and
for
the
commissioners
to
inspect
the
9
land
and
approve
the
corrective
actions.
A
corrective
action
10
must
be
approved
by
the
commissioners
within
one
year
after
the
11
division
issues
the
compliance
order,
unless
the
commissioners
12
grant
an
extension.
13
2.
If
the
landowner
is
in
violation
of
a
protection
14
compliance
plan
as
provided
in
section
466B.55
and
an
15
administrative
order
is
issued
by
the
commissioners
under
16
chapter
161A,
subchapter
V,
part
1,
to
the
landowner,
the
17
division
may
waive
its
right
to
take
an
enforcement
action
18
under
this
chapter.
19
Sec.
20.
NEW
SECTION
.
466B.58
Removal
or
degradation.
20
1.
A
landowner
shall
not
engage
in
any
work
to
remove
21
or
degrade
a
riparian
protection
measure,
in
whole
or
in
22
part,
unless
the
person
has
obtained
a
signed
statement
from
23
the
commissioners
of
the
district
where
the
land
is
located
24
granting
authorization
to
engage
in
the
work
as
required
by
the
25
division.
26
2.
A
person
other
than
a
landowner
shall
not
engage
in
27
any
work
to
remove
or
degrade
a
riparian
protection
measure,
28
in
whole
or
in
part,
unless
the
person
has
obtained
a
signed
29
statement
from
the
landowner
granting
authorization
to
engage
30
in
the
work
subject
to
the
requirements
in
subsection
1.
31
Sec.
21.
NEW
SECTION
.
466B.59
Civil
penalty.
32
1.
Except
as
provided
in
subsection
2,
a
landowner
who
does
33
not
complete
a
corrective
action
within
the
period
stated
in
34
the
compliance
order
under
section
466B.57
is
subject
to
a
35
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civil
penalty
as
follows:
1
a.
One
hundred
dollars
per
parcel
as
described
in
2
the
riparian
protection
compliance
plan
which
shall
be
3
assessed,
imposed,
and
collected
on
a
thirty-day
basis
for
a
4
one-hundred-eighty-day
period.
5
b.
After
the
period
described
in
paragraph
“a”
,
five
hundred
6
dollars
per
parcel
as
described
in
the
riparian
protection
7
compliance
plan
which
shall
be
assessed,
imposed,
and
collected
8
on
a
thirty-day
basis.
9
2.
A
person
who
is
in
violation
of
section
466B.56
is
10
subject
to
a
civil
penalty
of
five
hundred
dollars
per
parcel
11
as
described
in
the
riparian
protection
compliance
plan
which
12
shall
be
assessed,
imposed,
and
collected
by
the
division
on
a
13
thirty-day
basis.
14
3.
Civil
penalties
collected
pursuant
to
this
section
shall
15
be
credited
to
the
general
fund
of
the
state.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
GENERAL.
This
bill
amends
Code
chapter
466B,
which
provides
20
for
a
number
of
programs
to
protect
surface
water
and
provide
21
for
flood
mitigation
and
watershed
management.
The
bill
22
creates
a
new
Code
subchapter
which
requires
a
landowner
having
23
an
interest
in
property
adjoining
a
public
water
source
(e.g.,
24
a
watercourse
such
as
a
river,
stream,
or
drainage
ditch;
or
a
25
body
of
water
such
as
a
pond,
lake,
or
reservoir)
to
establish
26
and
maintain
a
riparian
protection
measure
(measure)
in
27
compliance
with
a
riparian
protection
compliance
plan
(plan).
28
The
plan
is
derived
from
a
riparian
protection
inventory
and
29
map
developed
by
the
department
of
natural
resources
(DNR).
30
ADMINISTRATION.
The
plan
must
be
prepared
by
the
landowner
31
and
approved
by
the
division
of
soil
conservation
and
water
32
quality
(division)
of
the
department
of
agriculture
and
33
land
stewardship.
The
division
must
act
in
partnership
34
with
commissioners
of
soil
and
water
conservation
districts
35
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(commissioners),
and
in
cooperation
with
a
number
of
other
1
government
entities,
including
the
state
soil
conservation
2
and
water
quality
committee,
the
water
resources
coordinating
3
council,
and
DNR.
4
REQUIREMENTS.
Under
an
approved
plan,
a
landowner
must
5
establish
and
maintain
a
measure
which
is
either
a
riparian
6
protection
buffer
consisting
of
perennial
vegetation,
or
an
7
alternative
riparian
protection
practice
(e.g.,
erosion
control
8
practice
or
soil
and
water
conservation
practice)
alone
or
in
9
combination
with
a
modified
riparian
protection
buffer.
The
10
landowner
must
establish
and
maintain
the
measure
after
the
11
division
completes
a
riparian
protection
inventory
and
map
12
which
identifies
the
land
subject
to
riparian
protection.
A
13
landowner
may
apply
for
financial
assistance
to
establish
a
14
measure
under
a
number
of
programs,
including
cost-share
moneys
15
awarded
under
the
authority
of
the
division.
16
EXCEPTIONS.
The
bill
creates
a
number
of
exceptions
that
17
excuse
compliance,
including
if
(1)
there
is
only
one
riparian
18
landowner;
(2)
other
regulations
apply,
including
storm
water
19
outlets
regulated
by
DNR,
or
a
conservation
program
regulated
20
by
the
federal
or
state
government;
(3)
the
land
is
covered
by
21
another
object
or
structure;
(4)
the
land
is
used
to
produce
22
a
designated
crop;
(5)
the
land
is
part
of
an
environmentally
23
designated
area
(e.g.,
a
forest);
(6)
the
land
contains
unique
24
geological
characteristics;
or
(7)
the
land
is
subject
to
25
construction.
The
division
may
also
create
other
exceptions
26
if
it
determines
that
the
exception
would
not
interfere
with
27
the
bill’s
purposes.
28
ENFORCEMENT.
The
division
is
to
take
enforcement
action
29
against
a
landowner
who
violates
a
term
or
condition
of
a
30
plan,
unless
the
division
allows
the
commissioners
to
take
an
31
enforcement
action
in
court
for
the
landowner’s
violation
of
32
the
terms
of
an
administrative
order
(e.g.,
for
violating
the
33
terms
of
a
cost-share
agreement).
If
the
division
enforces
the
34
plan,
if
must
first
issue
a
compliance
order
listing
items
that
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the
landowner
must
complete
within
a
specified
time
but
not
1
more
than
one
year
after
the
compliance
order
has
been
issued.
2
The
bill
also
prohibits
a
landowner
or
another
person
from
3
engaging
in
any
work
to
remove
or
degrade
a
riparian
protection
4
measure,
unless
the
person
has
obtained
authorization.
The
5
bill
provides
a
range
of
civil
penalties
based
on
the
number
of
6
parcels
included
in
the
plan
and
the
period
that
the
violation
7
continues
after
the
compliance
order
was
delivered.
The
8
amounts
of
the
civil
penalties
range
from
$100
to
$500
per
9
parcel.
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