Iowa Administrative Code

election held pursuant to Iowa Code section 368.19, regardless of appeal or applications for rehearing filed pursuant to rule 263—9.13(368). [ARC 7708C, IAB 3/6/24, effective 4/10/24]

conjunction with the procedure after approval specified in Iowa Code section 368.20 and include such order with documents filed or recorded. [ARC 7708C, IAB 3/6/24, effective 4/10/24]

10.3(1) The record of an involuntary boundary adjustment proceeding shall include the following as applicable: a. The original petition or plan and any amendment; b. Proofs of service and publication of required public hearing notices; c. All pleadings filed with the board and co…

10.4(1) When an appeal is filed pursuant to Iowa Code section 368.22, the appellant shall notify the board and provide a copy of the appeal. 10.4(2) Within 30 days after the filing of the petition, the board shall transmit to the reviewing court the original or a certified copy o…

following cases: 10.5(1) Discontinuance. The board will supervise discontinuance of a city pursuant to Iowa Code section 368.21. The board shall take control of all city balances, property, and records during the six-month period following the last notice of discontinuance publis…

such matters in Iowa Code chapter 17A that relate to procedures for rulemaking. [ARC 7700C, IAB 3/6/24, effective 4/10/24]

2.2(1) General. Inquiries about board rules and the rulemaking process may be directed to City Development Board, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315. 2.2(2) Comments on proposed rules. Any public comment on a Notice of Intended Action or similar document relating…

Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315”. In lieu of “(AGENCY NAME)” as the caption of the petition form, insert “BEFORE THE CITY DEVELOPMENT BOARD”. [ARC 7701C, IAB 3/6/24, effective 4/10/24]

Development Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315”. [ARC 7701C, IAB 3/6/24, effective 4/10/24] These rules are intended to implement Iowa Code section 17A.7. [Filed 11/20/02, Notice 7/10/02—published 12/11/02, effective 1/…

board”. In lieu of “(designate office)”, insert “City Development Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315”. In lieu of “(AGENCY NAME)” as the caption on the petition form, insert “BEFORE THE CITY DEVELOPMENT BOARD”. [ARC 770…

[ARC 7702C, IAB 3/6/24, effective 4/10/24]

4.3(1) In lieu of “___ days”, insert “15 days”. [ARC 7702C, IAB 3/6/24, effective 4/10/24]

Development Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315”. [ARC 7702C, IAB 3/6/24, effective 4/10/24] These rules are intended to implement Iowa Code section 17A.9. [Filed 11/20/02, Notice 7/10/02—published 12/11/02, effective 1/…

“Agency.” In lieu of “(official or body issuing these rules)”, insert “city development board”. [ARC 7703C, IAB 3/6/24, effective 4/10/24]

5.3(1) Location of record. In lieu of “(insert agency head)”, insert “city development board”. In lieu of “(insert agency name and address)”, insert “City Development Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315”. 5.3(2) Office h…

records. In lieu of “(designate office)”, insert “City Development Board, Iowa Economic Development Authority, 1963 Bell Avenue, Suite 200, Des Moines, Iowa 50315”. [ARC 7703C, IAB 3/6/24, effective 4/10/24] These rules are intended to implement Iowa Code section 22.11. [Filed em…

“Board” means the same as defined in Iowa Code section 368.1(3). “Petitioner” means a person who petitions an agency for the waiver of a rule. “Waiver” means the same as defined in Iowa Code section 17A.9A(5) as applied to an action by the board. [ARC 7704C, IAB 3/6/24, effective…

considering a petition for waiver and issuing a ruling thereon, including the burden of persuasion; the manner in which a petition for waiver must be evaluated; the limits of the waiver, if one is issued; and the circumstances under which the board may place a condition on the wa…

withdrawn, canceled, or modified if, after appropriate notice and hearing, the board issues an order finding any of the following: 1. The petitioner or the person who was the subject of the waiver order withheld or misrepresented material facts relevant to the propriety or desira…

particular rule for which the waiver was granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue. [ARC 7704C, IAB 3/6/24, effective 4/10/2…

its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked. [ARC 7704C, IAB 3/6/24, effective 4/10/24] These rules are intended to implement Iowa Code section 17A.9A. [Filed …

granting of individual waivers from rules adopted by the board in situations where no other more specifically applicable law provides for waivers. To the extent another more specific provision of law governs the issuance of a waiver from a particular rule, the more specific provi…

17A.9A(1). [ARC 7704C, IAB 3/6/24, effective 4/10/24]

the board may issue a waiver if the board makes the applicable findings in Iowa Code section 17A.9A(2). [ARC 7704C, IAB 3/6/24, effective 4/10/24]

follows: 6.5(1) Pending matters. If the petition relates to a pending petition or application for city development action, the petition requesting a waiver shall be filed in the pending proceeding, using the caption of that matter. 6.5(2) Other. If the petition does not relate to…

applicable and known to the requester: 1. The name, address, and telephone number of the entity or person for whom a waiver is requested and the case number of any related city development proceeding. 2. A description and citation of the specific rule from which a waiver is reque…

may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the board may, on its own motion or at the petitioner’s request, schedule a meeting between the petitioner and the boa…

within 30 days of the receipt of the petition, notice of the pendency of the petition and a concise summary of its contents have been provided to all persons to whom notice is required by any provision of law. In addition, the board may give notice to other persons. To accomplish…

contested case hearings apply to any petition for a waiver filed within a pending city development action pursuant to subrule 6.5(1). If a petition for waiver is filed with the board pursuant to subrule 6.5(2), the provisions of Iowa Code sections 17A.10 to 17A.18A apply to board…

development board approval of voluntary annexation within another city’s urbanized area; voluntary annexation, including property without the owner’s consent; and boundary adjustments between cities by petition and consent. Such requests for board approval shall be initiated purs…

days. 7.10(1) Applicability. Petitions will be considered pursuant to this rule if any other petitions containing common territory are submitted to the board pursuant to Iowa Code chapter 368 within 30 days. If all conflicting petitions are validly dismissed or denied by the boar…

days before a voluntary petition. 7.11(1) Applicability. Petitions will be considered pursuant to this rule if a petition that includes voluntary application(s) submitted by a landowner is filed more than 30 days following filing of a conflicting involuntary petition filed pursua…

7.12(1) Petition. A petition to sever real property from one city and to annex the same real property to another city shall be initiated pursuant to Iowa Code section 368.25A. The petition pursuant to this rule shall be in substantially the same form as a petition submitted pursu…

7.13(1) Board approval. If the board approves a petition considered pursuant to this chapter, the board shall issue a written decision and provide a copy of the decision to the clerk of the annexing city; the entities required by Iowa Code section 368.7(3) to receive notice of an…

required to include in its petition. 7.2(1) Landowner application requirements. The board will verify that each landowner’s application for annexation includes the items required by Iowa Code section 368.7(1)“c” and is dated and signed by all owners of record or their authorized …

to the board. The petition will be deemed filed with the board on the date it is received by board staff. Board staff will acknowledge receipt of a petition. [ARC 7705C, IAB 3/6/24, effective 4/10/24]

staff will review the petition to determine whether the city has included all required information. If the petition is incomplete, staff shall notify the petitioning city, identifying the required item(s) omitted and offering the city an opportunity to provide the omitted informa…

7.5(1) A petition filed pursuant to this chapter will be considered by the board at the first board meeting conducted 31 or more days after the petition is filed. The board shall provide notice of all meetings at which the board will consider a petition to the petitioning city an…

7.6(1) After a petition has been filed with the board, it may not be amended to include additional territory. 7.6(2) A city may, upon its own motion or at the request of the board, seek amendment to delete one or more parcels included in the territory proposed for annexation. a. …

7.7(1) The board shall review all petitions filed pursuant to this chapter to determine compliance with the requirements of Iowa Code chapter 368 and this chapter. If a petition is incomplete or otherwise not in compliance with the requirements of Iowa Code chapter 368 or this ch…

within 30 days. 7.8(1) Applicability. Petitions will be considered pursuant to this rule when all territory proposed for annexation is included upon application of the owner, by notice to the owner of railway right-of-way pursuant to Iowa Code section 368.7(1), or by notice to th…

7.9(1) Applicability. Petitions will be considered pursuant to this rule when not more than 20 percent of the land area of the territory proposed for annexation is included without the consent of the owner, pursuant to Iowa Code section 368.7(1)“a.” 7.9(2) Hearing and information…

approval of petitions for involuntary city development action, including incorporation, discontinuance, annexation, severance, or consolidation. Such petitions shall be initiated pursuant to Iowa Code section 368.11 or 368.13 and this chapter. The body or bodies initiating the pe…

proceedings, the board shall direct the appointment of local representatives to a committee as required by Iowa Code section 368.14. Committee appointments shall be made by resolutions of the appropriate governing bodies within 45 days of issuance of the board’s order. The resolu…

petitioner is required to include in its petition. 8.2(1) General requirements. The petition must provide all applicable information required by Iowa Code section 368.11(3). The petition must clearly identify the petitioner, the proposed action, and the name and address of each p…

development proceeding shall comply with the applicable notice, publication, and public meeting requirements contained in Iowa Code section 368.11. For purposes of calculating the required period of notice, business days include Monday through Friday of each week, except legal ho…

supporting documentation, to the board. A petition will be deemed filed with the board on the date it is received by board staff. The board shall acknowledge receipt of the petition. The petitioner shall serve notice of the filing as required by Iowa Code section 368.11(1) within…

mailing and publishing notices and other preliminary proceedings and the cost of recording, if the proposal is approved, shall be borne by the petitioner. [ARC 7706C, IAB 3/6/24, effective 4/10/24]

chapter, board staff will review the request to determine whether the petitioner has filed all required information. If the petition is incomplete, staff shall notify the petitioner, identifying the required item(s) omitted and offering the petitioner an opportunity to provide th…

be considered by the board at the first meeting conducted 31 days or more after the petition is filed. The board shall provide the petitioner with notice of all meetings at which the board will consider the petition. [ARC 7706C, IAB 3/6/24, effective 4/10/24]