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Senate
File
435
-
Introduced
SENATE
FILE
435
BY
WEINER
,
DONAHUE
,
DOTZLER
,
CELSI
,
STAED
,
and
PETERSEN
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,
subsection
9,
paragraphs
a
and
b,
13
Code
2025,
are
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
division.
20
(2)
“Permanent
soil
and
water
conservation
practice”
includes
21
riparian
protection
measures
as
provided
in
chapter
466B,
22
subchapter
V.
23
b.
“Temporary
soil
and
water
conservation
practices”
24
“Temporary
soil
and
water
conservation
practice”
means
planting
25
of
annual
or
biennial
crops,
use
of
strip-cropping,
contour
26
planting,
or
minimum
or
mulch
tillage,
and
any
other
cultural
27
practices
approved
by
the
division.
28
Sec.
4.
Section
161A.48,
subsection
1,
Code
2025,
is
amended
29
to
read
as
follows:
30
1.
a.
An
Except
as
provided
in
paragraph
“b”
,
the
owner
31
or
occupant
of
agricultural
land
in
this
state
is
not
required
32
to
establish
any
new
permanent
or
temporary
soil
and
water
33
conservation
practice
unless
cost-share
or
other
public
34
moneys
have
been
specifically
approved
for
that
land
and
made
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435
available
to
the
owner
or
occupant
pursuant
to
section
161A.74
.
1
b.
Paragraph
“a”
does
not
apply
to
riparian
protection
2
measures
as
provided
in
chapter
466B,
subchapter
V.
3
Sec.
5.
Section
161A.49,
Code
2025,
is
amended
to
read
as
4
follows:
5
161A.49
Petition
for
court
order.
6
1.
The
Except
as
provided
in
subsection
2,
the
commissioners
7
shall
petition
the
district
court
for
a
court
order
requiring
8
immediate
compliance
with
an
administrative
order
previously
9
issued
by
the
commissioners
as
provided
in
section
161A.47
,
if
10
all
of
the
following
apply
:
11
1.
a.
The
work
necessary
to
comply
with
the
administrative
12
order
is
not
commenced
on
or
before
the
date
specified
in
such
13
order,
or
in
any
supplementary
order
subsequently
issued
as
14
provided
in
section
161A.48
,
unless
in
the
judgment
of
the
15
commissioners
the
failure
to
commence
or
complete
the
work
16
as
required
by
the
administrative
order
is
due
to
factors
17
beyond
the
control
of
the
person
or
persons
to
whom
such
order
18
is
directed
and
the
person
or
persons
can
be
relied
upon
to
19
commence
and
complete
the
necessary
work
at
the
earliest
20
possible
time.
21
2.
b.
Such
work
is
not
being
performed
with
due
diligence,
22
or
is
not
satisfactorily
completed
by
the
date
specified
in
the
23
administrative
order,
or
when
completed
does
not
reduce
soil
24
erosion
from
such
land
below
the
limits
established
by
the
soil
25
and
water
conservation
district’s
regulations.
26
3.
c.
The
person
or
persons
to
whom
the
administrative
27
order
is
directed
advise
the
commissioners
that
they
do
not
28
intend
to
commence
or
complete
such
work.
29
2.
Subsection
1
does
not
apply
to
the
extent
that
the
30
division
proceeds
against
a
landowner
for
violating
a
riparian
31
protection
measure
as
provided
in
chapter
466B,
subchapter
V.
32
Sec.
6.
Section
161A.72,
Code
2025,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
1A.
The
division
shall
provide
a
priority
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to
financing
the
establishment
of
riparian
protection
measures
1
as
provided
in
chapter
466B,
subchapter
V.
2
Sec.
7.
Section
161C.2,
subsection
1,
paragraph
a,
Code
3
2025,
is
amended
to
read
as
follows:
4
a.
Each
soil
and
water
conservation
district,
alone
and
5
whenever
practical
in
conjunction
with
other
districts,
6
shall
carry
out
district-wide
and
multiple-district
projects
7
to
support
water
protection
practices
in
the
district
8
or
districts,
including
projects
to
protect
this
state’s
9
groundwater
and
surface
water
from
point
and
nonpoint
sources
10
of
contamination,
including
but
not
limited
to
contamination
11
by
agricultural
drainage
wells,
sinkholes,
sedimentation,
or
12
chemical
pollutants.
A
district
acting
alone
or
in
conjunction
13
with
other
districts
shall
provide
priority
to
establishing
14
riparian
protection
measures
as
provided
in
chapter
466B,
15
subchapter
V.
16
Sec.
8.
Section
455B.171,
subsection
11,
Code
2025,
is
17
amended
to
read
as
follows:
18
11.
“Iowa
nutrient
reduction
strategy”
means
a
water
19
quality
initiative
developed
and
updated
by
the
department
of
20
agriculture
and
land
stewardship,
the
department
of
natural
21
resources,
and
the
college
of
agriculture
and
life
sciences
at
22
Iowa
state
university
of
science
and
technology
in
order
to
23
assess
do
all
of
the
following:
24
a.
Assess
and
reduce
nutrients
in
this
state’s
watersheds
25
that
utilize
a
pragmatic,
strategic,
and
coordinated
approach
26
with
the
goal
of
accomplishing
reductions
over
time.
27
b.
Evaluate
the
progress
of
water
quality
initiatives
28
including
but
not
limited
to
the
programs
and
riparian
29
protection
measures
provided
in
chapter
466B,
subchapter
V.
30
Sec.
9.
Section
466B.5,
Code
2025,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
2A.
Riparian
protection.
The
department
33
of
natural
resources
shall
provide
for
the
assessment
of
34
regional
watersheds
and
subwatersheds
that
are
identified
in
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the
riparian
protection
inventory
and
map.
1
Sec.
10.
Section
466B.6,
Code
2025,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
3.
Riparian
protection.
A
community-based
4
subwatershed
improvement
plan
shall
provide
for
methods
to
5
increase
compliance
with
riparian
protection
measures
provided
6
in
subchapter
V.
7
Sec.
11.
Section
466B.7,
subsection
2,
Code
2025,
is
amended
8
to
read
as
follows:
9
2.
Data
collection
and
use.
Local
communities
in
which
10
the
department
of
natural
resources
conducts
subwatershed
11
monitoring
shall
use
the
information
to
support
subwatershed
12
planning
activities,
do
local
data
collection,
and
identify
13
priority
areas
needing
additional
resources.
Local
communities
14
shall
also
collect
data
regarding
the
effect
of
riparian
15
protection
measures,
and
collect
data
over
time
and
use
the
16
data
to
evaluate
for
use
in
evaluating
the
impacts
of
their
17
management
efforts.
18
Sec.
12.
NEW
SECTION
.
466B.51
Definitions.
19
As
used
in
this
subchapter,
unless
the
context
otherwise
20
requires:
21
1.
“Department”
means
the
department
of
natural
resources.
22
2.
“District”
means
a
soil
and
water
conservation
district
23
established
in
section
161A.5.
24
3.
“Division”
means
the
division
of
soil
conservation
and
25
water
quality
created
within
the
department
of
agriculture
and
26
land
stewardship
pursuant
to
section
159.5.
27
4.
“Landowner”
means
a
person
listed
on
the
tax
assessment
28
rolls
as
responsible
for
the
payment
of
real
estate
taxes
29
imposed
on
the
land
adjacent
to
a
public
water
source.
30
5.
“Normal
water
level”
means
the
level
evidenced
by
the
31
long-term
presence
of
surface
water
as
indicated
directly
by
32
hydrophytic
plants
or
hydric
soils
or
indirectly
determined
via
33
hydrological
models
or
analysis.
34
6.
“Public
water
source”
means
waters
of
the
state
having
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definite
banks
and
a
bed.
1
7.
“Riparian
protection
measure”
means
a
riparian
protection
2
buffer
or
an
alternative
riparian
protection
practice
as
3
provided
in
section
466B.55.
4
8.
“Waters
of
the
state”
means
any
stream,
lake,
pond,
5
marsh,
watercourse,
waterway,
well,
spring,
reservoir,
aquifer,
6
irrigation
system,
drainage
system,
and
any
other
body
or
7
accumulation
of
water,
surface
or
underground,
natural
or
8
artificial,
public
or
private,
which
is
contained
within,
flows
9
through,
or
borders
upon
the
state
or
any
portion
of
the
state.
10
Sec.
13.
NEW
SECTION
.
466B.52
Purposes
and
goals.
11
1.
The
purpose
of
this
subchapter
is
to
establish
riparian
12
protection
measures
for
public
water
sources
that
do
all
of
the
13
following:
14
a.
Provide
protection
from
erosion
and
runoff
pollution.
15
b.
Stabilize
soils,
shores,
and
banks.
16
c.
Protect
or
provide
riparian
corridors
for
public
use.
17
2.
In
administering
this
subchapter,
the
division,
in
18
consultation
with
the
department,
shall
advance
all
of
the
19
following
goals:
20
a.
Reduce
soil
erosion
and
sediment
loss,
including
by
doing
21
any
of
the
following:
22
(1)
Stabilizing
the
soil
or
otherwise
limiting
sediment
23
from
being
conveyed
by
surface
water
runoff.
24
(2)
Filtering
sediment-laden
water.
25
b.
Manage
nutrients
and
reduce
contributing
contaminant
26
loads
to
receiving
public
surface
waters.
27
c.
Provide
a
setback
distance
from
an
input
applied
to
28
adjacent
land,
including
pesticides
as
defined
in
section
29
206.2,
nutrients
as
defined
in
section
455B.171,
commercial
30
fertilizers
as
defined
in
section
200.3,
and
manure
as
defined
31
in
section
459.102.
32
d.
Reduce
the
volume
or
velocity
of
precipitation-induced
33
surface
water.
34
e.
Improve
stream
or
ditch
bank
stability
with
deep-rooted
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plants.
1
f.
Provide
an
infiltration
area
for
surface
water.
2
g.
Provide
an
uptake
and
denitrification
zone
for
shallow
3
subsurface
flow.
4
h.
Retire
adjacent
land
from
crop
production
in
areas
that
5
have
low
productivity
or
are
inefficient
to
farm.
6
i.
Provide
habitat
for
beneficial
wildlife
species
if
a
7
corridor
is
sufficiently
wide
or
the
buffer
connects
larger
8
habitat
areas
together.
9
Sec.
14.
NEW
SECTION
.
466B.53
Administration
and
10
enforcement.
11
1.
The
division
shall
administer
and
enforce
this
chapter
12
in
consultation
with
the
department.
The
division
shall
adopt
13
all
rules
necessary
or
desirable
to
carry
out
this
subchapter,
14
including
rules
necessary
or
desirable
to
effectuate
this
15
subchapter’s
purposes
and
goals
as
provided
in
section
466B.52.
16
2.
The
division
shall
assist
the
department
and
the
water
17
resources
coordinating
council
established
in
section
466B.3,
18
including
in
the
completion
of
a
statewide
regional
watershed
19
assessment,
prioritization,
and
planning
process
described
in
20
section
466B.5.
21
3.
a.
The
commissioners
of
a
district
shall
consult
with
22
department
field
office
staff
in
assisting
the
division
in
the
23
administration
and
enforcement
of
this
subchapter.
24
b.
The
commissioners
of
a
district
shall
assist
landowners
25
in
establishing
and
maintaining
riparian
protection
measures.
26
The
assistance
may
be
in
the
form
of
planning,
technical
27
support,
and
tracking
progress
toward
compliance
with
the
28
requirements
of
this
subchapter.
29
4.
The
division,
acting
on
its
own
or
on
behalf
of
the
30
commissioners
of
a
district,
may
obtain
an
administrative
31
search
warrant
to
determine
compliance
with
this
subchapter
as
32
provided
in
section
808.14.
33
Sec.
15.
NEW
SECTION
.
466B.54
Riparian
protection
inventory
34
and
map.
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1.
The
department
shall
prepare,
revise,
and
publish
a
1
riparian
protection
inventory
and
map
for
each
county
which
2
shall
be
used
as
the
basis
of
designating
public
water
sources
3
that
require
riparian
protection
from
nonpoint
sources
of
4
pollution
as
provided
in
this
subchapter.
5
2.
In
preparing
and
revising
a
riparian
protection
6
inventory
and
map,
the
department
shall
provide
priority
to
a
7
public
water
source
classified
as
any
of
the
following:
8
a.
Part
of
a
subwatershed
that
drains
into
a
water
body
or
9
water
segment
placed
on
the
department’s
section
303(d)
list
10
as
defined
in
section
455B.171,
regardless
of
whether
a
total
11
maximum
daily
load
for
that
water
body
or
water
segment
has
12
been
developed.
13
b.
A
high-quality
water
resource
as
defined
in
section
14
459.102.
15
c.
The
Mississippi
river
basin
as
part
of
the
Mississippi
16
river
basin
initiative
as
provided
in
chapter
161G.
17
3.
Each
tract
of
land
where
each
riparian
protection
measure
18
is
to
be
established
shall
be
identified
according
to
a
system
19
of
parcels
identified
by
a
property
identification
number
20
according
to
uniform
criteria
developed
by
the
department.
21
4.
The
division,
and
a
board
governing
a
drainage
or
22
levee
district
as
provided
in
chapter
468,
shall
provide
all
23
cooperation
requested
by
the
department
in
order
to
prepare
and
24
revise
a
riparian
protection
inventory
and
map.
25
Sec.
16.
NEW
SECTION
.
466B.55
Riparian
protection
measures.
26
1.
A
landowner
shall
establish
and
maintain
riparian
27
protection
measures
as
provided
in
this
section.
28
2.
a.
A
landowner
of
property
adjacent
to
a
public
water
29
source
identified
as
part
of
a
riparian
protection
inventory
30
and
map
shall
maintain
a
continuous
riparian
protection
buffer
31
as
follows:
32
(1)
The
riparian
protection
buffer
must
consist
of
33
perennial
vegetation,
excluding
invasive
plants
and
weeds
34
declared
noxious
pursuant
to
section
317.1A,
if
the
area
is
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adjacent
to
a
public
water
source.
1
(2)
(a)
Except
as
provided
in
subparagraph
division
(b),
2
the
riparian
protection
buffer
shall
have
a
fifty-foot
average
3
width
and
a
thirty-foot
minimum
width.
4
(b)
A
landowner
shall
comply
with
subparagraph
division
5
(a)
twelve
months
after
the
land
is
identified
in
a
riparian
6
protection
inventory
and
map
published
under
section
466B.54.
7
The
commissioners
of
a
district
may
grant
a
landowner
a
8
one-time
waiver
of
this
requirement
for
not
more
than
one
year.
9
(3)
(a)
For
a
ditch,
tile
drain,
watercourse,
or
settling
10
basin
established
as
part
of
a
drainage
or
levee
district
11
governed
under
chapter
468,
the
buffer
shall
have
a
sixteen
and
12
one-half
foot
minimum
width.
13
(b)
A
landowner
shall
comply
with
subparagraph
division
(a)
14
twenty-four
months
after
the
land
is
identified
as
part
of
a
15
riparian
protection
inventory
and
map
published
under
section
16
466B.54.
The
commissioners
of
a
district
may
grant
a
landowner
17
a
one-time
waiver
of
this
requirement
for
not
more
than
one
18
year.
19
b.
The
width
of
a
riparian
protection
buffer
shall
be
20
measured
from
the
crown
of
the
bank.
Where
there
is
no
defined
21
bank,
the
measurement
shall
be
from
the
edge
of
the
normal
22
water
level.
The
division
may
provide
a
different
measurement
23
method
for
a
ditch,
tile
drain,
watercourse,
or
settling
basin
24
established
as
part
of
a
drainage
or
levee
district
governed
25
under
chapter
468.
26
3.
a.
A
landowner
of
property
adjacent
to
a
public
water
27
source
identified
as
part
of
a
riparian
protection
inventory
28
and
map
may
meet
the
requirements
described
in
subsection
1
29
by
adopting
an
alternative
riparian
protection
practice
alone
30
or
in
combination
with
a
modified
riparian
protection
buffer.
31
The
alternative
riparian
protection
practice
as
established
32
alone
or
in
combination
with
a
riparian
protection
buffer
shall
33
provide
water
quality
protection
comparable
to
the
riparian
34
protection
described
in
subsection
2.
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b.
A
landowner
shall
comply
with
paragraph
“a”
twelve
1
months
after
the
land
is
identified
as
part
of
a
riparian
2
protection
inventory
and
map
published
under
section
466B.54.
3
The
commissioners
of
a
district
may
grant
a
one-time
waiver
of
4
this
requirement
for
not
more
than
one
year.
5
4.
The
terms
and
conditions
of
a
riparian
protection
measure
6
shall
be
set
forth
in
a
parcel-specific
riparian
protection
7
compliance
plan
approved
by
the
commissioners
of
the
district
8
where
the
land
is
located
and
filed
by
the
commissioners
9
with
the
division
which
shall
be
published
on
the
division’s
10
internet
site.
The
riparian
protection
plan
may
be
part
of
11
a
financing
agreement
entered
into
by
the
landowner
and
the
12
division
or
commissioners
of
a
district
as
provided
in
chapter
13
161A.
14
5.
The
establishment
and
maintenance
of
a
riparian
15
protection
measure
shall
at
least
comply
with
all
requirements
16
of
soil
and
water
conservation
practices
or
erosion
control
17
practices
as
described
in
chapter
161A,
unless
otherwise
18
provided
by
the
division
and
agreed
to
by
the
commissioners.
19
A
riparian
protection
measure
qualifies
for
water
quality
20
agriculture
infrastructure
programs
created
in
section
466B.43
21
and
the
water
quality
urban
infrastructure
program
as
provided
22
in
section
466B.44.
A
riparian
protection
measure
shall
be
23
inspected
and
certified
by
the
commissioners
of
the
district
24
where
the
land
is
located
as
required
by
the
division.
25
6.
This
section
does
not
prevent
a
landowner
from
using
land
26
established
for
riparian
protection
in
any
manner
that
does
not
27
interfere
with
the
requirements
of
this
subchapter,
including
a
28
riparian
protection
compliance
plan.
The
division
shall
upon
29
request
of
a
landowner
issue
a
declaratory
order
regarding
the
30
use
as
provided
in
section
17A.9.
31
Sec.
17.
NEW
SECTION
.
466B.56
Exemptions.
32
1.
A
landowner
is
not
required
to
comply
with
the
33
requirements
in
section
466B.55
if
any
of
the
following
apply:
34
a.
The
public
water
source
is
located
adjacent
to
land
where
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only
one
landowner
is
riparian.
1
b.
A
person’s
contribution
of
a
pollutant
to
a
public
2
water
source
is
regulated
by
the
department
under
chapter
455B
3
or
pursuant
to
a
permit
related
to
the
administration
of
the
4
national
pollutant
discharge
elimination
system
permit
program
5
pursuant
to
the
federal
Water
Pollution
Control
Act,
33
U.S.C.
6
ch.
26,
as
amended,
and
40
C.F.R.
pt.
124.
However,
this
7
paragraph
does
not
apply
to
the
discharge
or
application
of
8
manure
or
other
nutrients
under
chapter
459,
459A,
or
459B.
9
c.
The
land
where
riparian
protection
measures
are
otherwise
10
required
pursuant
to
section
466B.55
is
any
of
the
following:
11
(1)
Enrolled
in
the
federal
conservation
reserve
program
as
12
described
in
7
C.F.R.
pt.
1410.
13
(2)
A
wetland
that
could
qualify
under
the
conservation
14
reserve
enhancement
program
as
provided
in
section
466.5.
15
(3)
Subject
to
a
conservation
easement
as
provided
in
16
chapter
457A.
17
(4)
Covered
by
a
road,
trail,
building,
or
other
structure.
18
(5)
Subject
to
a
crop
approved
by
the
division,
including
19
alfalfa
or
other
perennial
crop
or
part
of
a
water-inundation
20
cropping
system.
21
(6)
Part
of
a
prairie,
forest
area,
other
biologically
22
significant
area,
or
that
contains
significant
archaeological,
23
historical,
or
cultural
value.
24
(7)
Contains
geological
characteristics
which
are
25
unsuitable
for
vegetation.
26
(8)
In
a
temporary
nonvegetated
condition
due
to
drainage
27
tile
installation
and
maintenance,
plant
seeding,
or
the
28
construction
of
a
conservation
project
authorized
by
the
29
federal
government,
the
state,
or
a
political
subdivision
30
thereof.
31
2.
The
division
may
excuse
a
landowner
from
complying
with
32
the
requirements
of
section
466B.55
if
the
division
determines
33
that
compliance
would
not
significantly
further
the
purposes
34
and
goals
of
this
chapter
as
described
in
section
466B.52.
The
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exemption
may
be
based
on
but
is
not
limited
to
any
of
the
1
following:
2
a.
The
normal
water
level,
which
may
exclude
periods
of
3
drought
or
flooding.
4
b.
The
average
water
flow,
which
may
exclude
periods
of
5
drought
or
flooding.
6
c.
The
total
drainage
area,
which
may
exclude
periods
of
7
drought
or
flooding.
8
Sec.
18.
NEW
SECTION
.
466B.57
Corrective
action
——
9
compliance
order.
10
1.
The
division
shall
take
enforcement
action
against
11
a
landowner
who
violates
a
term
or
condition
of
a
riparian
12
protection
compliance
plan
as
provided
in
section
466B.55.
The
13
division,
in
cooperation
with
the
department
and
commissioners
14
of
a
district
where
the
land
is
located,
shall
issue
a
15
compliance
order
that
includes
a
list
of
corrective
actions
16
that
the
landowner
must
correct.
The
compliance
order
shall
17
include
a
practical
period
for
the
landowner
to
complete
the
18
corrective
actions
and
for
the
commissioners
to
inspect
the
19
land
and
approve
the
corrective
actions.
A
corrective
action
20
must
be
approved
by
the
commissioners
within
one
year
after
the
21
division
issues
the
compliance
order,
unless
the
commissioners
22
grant
an
extension.
23
2.
If
the
landowner
is
in
violation
of
a
protection
24
compliance
plan
as
provided
in
section
466B.55
and
an
25
administrative
order
is
issued
by
the
commissioners
under
26
chapter
161A,
subchapter
V,
part
1,
to
the
landowner,
the
27
division
may
waive
its
right
to
take
an
enforcement
action
28
under
this
chapter.
29
Sec.
19.
NEW
SECTION
.
466B.58
Removal
or
degradation.
30
1.
A
landowner
shall
not
engage
in
any
work
to
remove
31
or
degrade
a
riparian
protection
measure,
in
whole
or
in
32
part,
unless
the
person
has
obtained
a
signed
statement
from
33
the
commissioners
of
the
district
where
the
land
is
located
34
granting
authorization
to
engage
in
the
work
as
required
by
the
35
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division.
1
2.
A
person
other
than
a
landowner
shall
not
engage
in
2
any
work
to
remove
or
degrade
a
riparian
protection
measure,
3
in
whole
or
in
part,
unless
the
person
has
obtained
a
signed
4
statement
from
the
landowner
granting
authorization
to
engage
5
in
the
work
subject
to
the
requirements
in
subsection
1.
6
Sec.
20.
NEW
SECTION
.
466B.59
Civil
penalty.
7
1.
Except
as
provided
in
subsection
2,
a
landowner
who
does
8
not
complete
a
corrective
action
within
the
period
stated
in
9
the
compliance
order
under
section
466B.57
is
subject
to
a
10
civil
penalty
as
follows:
11
a.
One
hundred
dollars
per
parcel
as
described
in
12
the
riparian
protection
compliance
plan
which
shall
be
13
assessed,
imposed,
and
collected
on
a
thirty-day
basis
for
a
14
one-hundred-eighty-day
period.
15
b.
After
the
period
described
in
paragraph
“a”
,
five
hundred
16
dollars
per
parcel
as
described
in
the
riparian
protection
17
compliance
plan
which
shall
be
assessed,
imposed,
and
collected
18
on
a
thirty-day
basis.
19
2.
A
person
who
is
in
violation
of
section
466B.56
is
20
subject
to
a
civil
penalty
of
five
hundred
dollars
per
parcel
21
as
described
in
the
riparian
protection
compliance
plan
which
22
shall
be
assessed,
imposed,
and
collected
by
the
division
on
a
23
thirty-day
basis.
24
3.
Civil
penalties
collected
pursuant
to
this
section
shall
25
be
credited
to
the
general
fund
of
the
state.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
GENERAL.
This
bill
amends
Code
chapter
466B,
which
provides
30
for
a
number
of
programs
to
protect
surface
water
and
provide
31
for
flood
mitigation
and
watershed
management.
The
bill
32
creates
a
new
Code
subchapter
which
requires
a
landowner
having
33
an
interest
in
property
adjoining
a
public
water
source
(e.g.,
34
a
watercourse
such
as
a
river,
stream,
or
drainage
ditch;
or
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body
of
water
such
as
a
pond,
lake,
or
reservoir)
to
establish
1
and
maintain
a
riparian
protection
measure
(measure)
in
2
compliance
with
a
riparian
protection
compliance
plan
(plan).
3
The
plan
is
derived
from
a
riparian
protection
inventory
and
4
map
developed
by
the
department
of
natural
resources
(DNR).
5
ADMINISTRATION.
The
plan
must
be
prepared
by
the
landowner
6
and
approved
by
the
division
of
soil
conservation
and
water
7
quality
(division)
created
within
the
department
of
agriculture
8
and
land
stewardship.
The
division
must
act
in
partnership
9
with
commissioners
of
soil
and
water
conservation
districts
10
(commissioners),
and
in
cooperation
with
a
number
of
other
11
government
entities,
including
the
state
soil
conservation
12
and
water
quality
committee,
the
water
resources
coordinating
13
council,
and
DNR.
14
REQUIREMENTS.
Under
an
approved
plan,
a
landowner
must
15
establish
and
maintain
a
measure
which
is
either
a
riparian
16
protection
buffer
consisting
of
perennial
vegetation,
or
an
17
alternative
riparian
protection
practice
(e.g.,
erosion
control
18
practice
or
soil
and
water
conservation
practice)
alone
or
in
19
combination
with
a
modified
riparian
protection
buffer.
The
20
landowner
must
establish
and
maintain
the
measure
after
the
21
division
completes
a
riparian
protection
inventory
and
map
22
which
identifies
the
land
subject
to
riparian
protection.
A
23
landowner
may
apply
for
financial
assistance
to
establish
a
24
measure
under
a
number
of
programs,
including
cost-share
moneys
25
awarded
under
the
authority
of
the
division.
26
EXCEPTIONS.
The
bill
creates
a
number
of
exceptions
that
27
excuse
compliance,
including
if
(1)
there
is
only
one
riparian
28
landowner;
(2)
other
regulations
apply,
including
storm
water
29
outlets
regulated
by
DNR,
or
a
conservation
program
regulated
30
by
the
federal
or
state
government;
(3)
the
land
is
covered
by
31
another
object
or
structure;
(4)
the
land
is
used
to
produce
32
a
designated
crop;
(5)
the
land
is
part
of
an
environmentally
33
designated
area
(e.g.,
a
forest);
(6)
the
land
contains
unique
34
geological
characteristics;
or
(7)
the
land
is
subject
to
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construction.
The
division
may
also
create
other
exceptions
1
if
it
determines
that
the
exception
would
not
interfere
with
2
the
bill’s
purposes.
3
ENFORCEMENT.
The
division
is
to
take
enforcement
action
4
against
a
landowner
who
violates
a
term
or
condition
of
a
5
plan,
unless
the
division
allows
the
commissioners
to
take
an
6
enforcement
action
in
court
for
the
landowner’s
violation
of
7
the
terms
of
an
administrative
order
(e.g.,
for
violating
the
8
terms
of
a
cost-share
agreement).
If
the
division
enforces
the
9
plan,
if
must
first
issue
a
compliance
order
listing
items
that
10
the
landowner
must
complete
within
a
specified
time
but
not
11
more
than
one
year
after
the
compliance
order
has
been
issued.
12
The
bill
also
prohibits
a
landowner
or
another
person
from
13
engaging
in
any
work
to
remove
or
degrade
a
riparian
protection
14
measure,
unless
the
person
has
obtained
authorization.
The
15
bill
provides
a
range
of
civil
penalties
based
on
the
number
of
16
parcels
included
in
the
plan
and
the
period
that
the
violation
17
continues
after
the
compliance
order
was
delivered.
The
18
amounts
of
the
civil
penalties
range
from
$100
to
$500
per
19
parcel.
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