Title XI, NATURAL RESOURCES (Ch. 455 - 485)

The state of Iowa assents to the provisions of the Act of Congress entitled “An Act To Provide That The United States Shall Aid The States In Fish Restoration Projects, And For Other Purposes”, approved August 9, 1950 , Chapter 658, 64 Stat. 430 , codified at 16 U.S.C. §777 – 777…

The department may perform acts as necessary to the conduct and establishment of cooperative outdoor recreational and watershed projects as defined by the Congress of the United States and by regulations of the appropriate federal agency and may accept federal funds and assistanc…

The legislature finds that the state of Iowa and its subdivisions should enjoy the benefits of federal assistance programs for the planning and development of the outdoor recreation resources of the state, including the acquisition of lands and waters and interests therein. It is…

The department may prepare, maintain, and keep up-to-date a comprehensive plan for the development of the outdoor recreation resources of the state, and acquire lands, waters, and interests in lands and waters for such areas and facilities. [C66, 71, 73, 75, 77, 79, 81, §107.31 ]…

The department may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal program respecting outdoor recreation. The department may enter into contracts and agreements with the United States or any appropriate a…

The department may perform acts as necessary to conduct an establishment of cooperative outdoor recreational and watershed projects as defined by the Congress of the United States and by regulations of the appropriate federal agency and may accept federal funds and assistance for…

The commission shall each year establish a priority list of watersheds which are of highest importance based on soil loss to be used for the allocation of moneys set aside in annual appropriations from the general fund to the department of agriculture and land stewardship for per…

1. For purposes of this section , unless the context otherwise requires: a. “Lake” includes a significant public lake and a public shallow lake or wetland. b. “ Public shallow lake or wetland” means a water body that meets the following criteria: (1) Is owned by the federal gover…

1. For purposes of this section , unless the context otherwise requires, “eligible water body” means a body of water that meets all of the following criteria: a. Is owned by the state of Iowa, a county, a municipal government, or a public entity organized under chapter 357E . b. …

The department shall not make a commitment or enter into an agreement pursuant to an exercise of authority under sections 456A.30 through 456A.33 until the department has determined that sufficient funds are available to the department for meeting the state’s share, if any, of pr…

The commission shall not limit the number of applications submitted for consideration or the number of projects under construction with respect to United States heritage conservation and recreation service projects. [C79, 81, §107.35 ] C93, §456A.35

1. As used in this section , unless the context otherwise requires: a. “Employee” means a person in service or under contract for hire, expressed or implied, oral or written, who is engaged in any phase of the enterprise or business. b. “Timber” means trees, standing or felled, a…

1. Definitions. As used in this section : a. “Aquatic invasive species” means a nonnative wildlife or plant species that has been determined by the department to pose a significant threat to the aquatic resources or water infrastructure of the state. b. “Aquatic plant” means a su…

1. As used in this section , unless the context otherwise requires: a. “Agricultural land” , “beginning farmer” , and “farming” mean the same as defined in section 16.58 . b. “Authority” means the same as defined in section 16.1 . c. “Program” means the lease to beginning farmers…

The members and employees of the commission, the director and officers shall be reimbursed for all actual and necessary expenses incurred by them in the discharge of their official duties when absent from their usual place of abode, unless said appointees or employees are serving…

As used in this chapter unless the context otherwise requires: 1. “Commission” means the natural resource commission. 2. “Department” means the department of natural resources created under section 455A.2 . 3. “Director” means the director of the department. 4. “Protected wetland…

In the construction of artificial lakes on intermittent streams, for which funds are appropriated by the general assembly, the commission shall not proceed with actual construction work unless and until soil conservation practices are in effect on at least seventy-five percent of…

The department shall develop and implement a program for the acquisition of wetlands and conservation easements on and around wetlands that result from the closure or change in use of agricultural drainage wells upon implementation of the programs specified in section 460.302 to …

1. The department shall inventory the wetlands and marshes of each county and make a preliminary designation as to which constitute protected wetlands. The department shall consult with the county conservation board in making the preliminary designations. Upon completion of the i…

1. A person shall not drain a protected wetland without first obtaining a permit from the department. 2. The department shall not issue a permit to drain a protected wetland except under one of the following conditions: a. The protected wetland is replaced by the applicant with a…

A person who violates the permit requirement of section 456B.13 is subject to a civil penalty of not more than five hundred dollars for each day that the violation continues. A civil penalty assessed under this section shall not apply until the fourth day after a violator is give…

1. Upon receiving consent in writing from the landowner, the department may enter upon private lands containing waters and streams draining into state-owned lakes and streams, for any or all of the following purposes: a. Deepening. b. Filling. c. Widening. d. Contracting. e. Impr…

Any such agreement with any landowner shall give the commission jurisdiction of such land, waters, and streams to accomplish the purposes set out in said agreement and in case any improvement contemplated by section 456B.7 is for the sole purpose of improving any stream and not m…

Any land created, by any such improvement, in areas now under the jurisdiction of the state will remain under such jurisdiction until otherwise disposed of. [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §108.9 ] C93, §456B.9

The department of natural resources, soil and water conservation districts as provided in chapter 161A , the state historic preservation officer, the state archaeologist appointed by the state board of regents pursuant to section 263B.1 , any county conservation board, and any ci…

1. “Conservation easement” means an easement in, servitude upon, restriction upon the use of, or other interest in land owned by another, created for any of the purposes set forth in section 457A.1 . A conservation easement shall be transferable to any other public body authorize…

Conservation easements shall be recorded as other instruments affecting real estate are recorded, and each public body acquiring one or more conservation easements shall maintain a current inventory thereof. Unrecorded and uninventoried conservation easements shall be deemed aban…

A conservation easement shall clearly state its extent and purpose. [C71, 73, 75, 77, 79, 81, §111D.4 ] C93, §457A.4

The powers accorded by this chapter shall be in addition to, and not in derogation of, all powers provided by law with respect to the public bodies named in section 457A.1 . [C71, 73, 75, 77, 79, 81, §111D.5 ] C93, §457A.5

A conservation easement may be held by a private, nonprofit organization for public benefit if the instrument granting the easement or the bylaws of the organization provide that the easement will be transferred either to a public body or another private, nonprofit organization u…

The midwest interstate low-level radioactive waste compact is entered into and enacted into law with all jurisdictions legally joining therein, in the form substantially as follows: 1. Article I — Policy and purpose. a. (1) There is created the “Midwest Interstate Low-Level Radio…

It is declared to be in the public interest to foster, to encourage, and to promote the development, production, and utilization of natural resources of oil and gas and metallic minerals in the state in such a manner as will prevent waste; to authorize and to provide for the oper…

A person to whom another is indebted for expenses incurred in drilling and operating a well on a drilling unit required to be formed as provided for in section 458A.8 , may, in order to secure payment of the amount due, fix a lien upon the interest of the debtor in the production…

1. The department shall prescribe rules governing the practice and procedure before it. 2. An order or amendment of an order, except in an emergency, shall not be made by the department without a public hearing upon at least ten days’ notice. The public hearing shall be held at t…

1. The department may summon witnesses, administer oaths, and require the production of records, books, and documents for examination at any hearing or investigation conducted. A person shall not be excused from attending and testifying, or from producing books, papers, and recor…

Judicial review of an action of the department may be sought in accordance with the terms of chapter 17A . Notwithstanding that chapter, petitions for judicial review may be filed in the district court of Polk county or in the district court of any county in which the property af…

1. The sale, purchase, acquisition, transportation, refining, processing, or handling of illegal oil, illegal gas, or illegal product is prohibited. However, a penalty by way of fine shall not be imposed upon a person who sells, purchases, acquires, transports, refines, processes…

1. Any person who violates any provision of this chapter , or any rule or order of the department where no other penalty is provided is guilty of a simple misdemeanor. 2. A person is guilty of a fraudulent practice if the person, for the purpose of evading this chapter , or any r…

1. If it appears that any person is violating or threatening to violate any provision of this chapter , or any rule or order of the department, the department shall bring suit against the person in the district court of any county where the violation occurs or is threatened, to r…

All rights and interests in or to oil, gas, or other minerals underlying land, whether created by or arising under deed, lease, reservation of rights, or otherwise, which rights or interests are owned by any person other than the owner of the land, shall be assessed and taxed sep…

In order to pay the costs of assessment and collection and provide a reasonable minimum standard of taxation, the taxes on any mineral rights or interests not owned by the owner of the land shall be not less than five cents per acre. [C66, 71, 73, 75, 77, 79, 81, §84.19 ] C93, §4…

As used in this chapter , unless the context otherwise requires: 1. “Certificate of clearance” means a permit prescribed by the department for the transportation or the delivery of oil or gas or product and issued or registered in accordance with the rule or order requiring the p…

When any mineral rights or interests not owned by the owner of the land are sold at tax sale, and when the owner of those mineral rights or interests does not redeem under the provisions of chapter 447 within ninety days after the tax sale, the owner of the land shall thereafter …

1. The state, counties, cities, and other political subdivisions may lease publicly owned lands under their respective jurisdictions for the purpose of oil or gas or metallic minerals exploration and production. Any such leases shall be entered into on behalf of the state by the …

1. When any oil, gas, or metallic mineral lease given on land situated in Iowa and recorded, becomes forfeited by failure of the lessee to comply with its provisions or the Iowa law, the lessee shall, within sixty days after date of forfeiture of the lease, have the lease surrend…

Should the owner of such lease neglect or refuse to execute a release as provided by this chapter , or contend lease is in full force and effect, then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such release, and may also recover in s…