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

1. Altering or changing numbers on plates. a. A person shall not with fraudulent intent, deface, destroy, or alter the hull identification number, capacity plate, or any other plate, warning label, or instrument required by state or federal law on a vessel or component part nor s…

1. Except as provided in subsection 3 , an owner of a vessel seventeen feet or longer in length principally used on the waters of the state and to be numbered pursuant to section 462A.4 shall apply to the county recorder of the county in which the owner resides for a certificate …

1. a. The county recorder shall charge a five dollar fee to issue a certificate of title, a transfer of title, a duplicate, or a corrected certificate of title. b. In addition to the fee required under paragraph “a” , and sections 462A.82 and 462A.84 , a surcharge of five dollars…

A manufacturer or dealer shall not transfer ownership of a new vessel required to be titled without supplying the transferee with the manufacturer’s or importer’s certificate of origin signed by the manufacturer’s or importer’s authorized agent. The certificate shall contain info…

When any request is duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the commission under this chapter shall be transmitted to that official or agency. [C62, 66, 71, 73, 75, 77, 79, 81, §106.8 ] C93, §462A.8 20…

1. Every vessel whose construction began after October 31, 1972, shall have a hull identification number assigned and affixed as required by the federal Boat Safety Act of 1971. The department shall determine the procedures for application and for issuance of the hull identificat…

Every dealer shall maintain for three years a record of any vessel bought, sold, exchanged, or received for sale or exchange. This record shall be open to inspection by department representatives during reasonable business hours. 87 Acts, ch 134, §8 CS87, §106.81 C93, §462A.81

1. If ownership of a vessel is transferred by operation of law, such as by inheritance, order in bankruptcy, insolvency, replevin, execution sale, or in compliance with section 578A.7 , the transferee, within thirty days after acquiring the right to possession of the vessel by op…

This subchapter does not apply to or affect any of the following: 1. A lien given by statute or rule of law to a supplier of services or materials for a vessel. 2. A lien given by statute to the United States, this state, or any political subdivision of this state. 3. A security …

1. A security interest created in this state in a vessel required to have a certificate of title is not perfected until the security interest is noted on the certificate of title. a. To perfect the security interest, an application for security interest must be presented along wi…

1. The department shall prescribe and provide suitable forms for applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out this subchapter . 2. The department may make necessary investigations to procure information…

1. Vessels subject to the provisions of this chapter shall be divided into four classes as follows: a. Class I. Less than sixteen feet in length. b. Class II. Sixteen feet or over and less than twenty-six feet in length. c. Class III. Twenty-six feet or over and less than forty f…

As used in this chapter , unless the context otherwise requires: 1. “Commission” means the natural resource commission. 2. “Conservation easement” means an easement as defined in section 457A.2 . 3. “Department” means the department of natural resources. 4. “Legislature” means th…

Recognizing that most of the protected water areas may be within privately owned lands, the legislature encourages the commission to cooperate with the landowners within the designated areas in achieving the purposes of this chapter . Likewise, the landowners within the designate…

Judicial review of action of the commission may be sought in accordance with chapter 17A . Notwithstanding chapter 17A , petitions for judicial review may be filed in the district court of Polk county or of any county in which the property affected is located. 84 Acts, ch 1261, §…

The state of Iowa shall reimburse from the general fund of the state any political subdivision the amount of tax moneys lost due to any lower assessments of property resulting from lease agreements, and the acquisition of public lands and conservation easements stemming from desi…

All state and local agencies shall cooperate with the commission and coordinate their authorities, responsibilities, and program administration in a manner which will aid in the integrity of the protected water area system as outlined in the state plan, individual management plan…

The commission may enter into written cooperative agreements with county boards of supervisors, county conservation boards, and municipal public agencies, for the management of a protected water area. 84 Acts, ch 1261, §16 C85, §108A.14 C93, §462B.14

This chapter does not preclude a component of the protected water area system from being a part of the national wild and scenic river system under the federal Wild and Scenic Rivers Act, 16 U.S.C. §1271 – 1287. The commission may enter into a written cooperative agreement for joi…

The commission shall adopt under chapter 17A and enforce the administrative rules it deems necessary to carry out this chapter . 84 Acts, ch 1261, §18 C85, §108A.16 C93, §462B.16

The commission shall maintain a state plan for the design and establishment of an administrative framework of a protected water area system and those adjacent lands needed to protect the integrity of that system. 84 Acts, ch 1261, §4 C85, §108A.2 C93, §462B.2

After basic resource and user data are gathered by or provided to the commission and the commission deems an area has merit for inclusion into a protected water area system, it may nominate the area for prospective protected water area designation. Other public agencies, interest…

The commission may designate all or part of any water area having any or all of the resource values cited in section 462B.1, subsection 6 , as a prospective protected water area. The prospective designation shall be in effect for a period not to exceed two years during which a ma…

After the nomination of prospective protected water areas by the commission and prior to the designation as a prospective protected water area, the commission shall conduct a public hearing in the vicinity of the water area. Notice of the hearing shall be published at least twice…

The commission shall prepare and maintain a management plan containing the recommendations for the establishment, development, management, use, and administration of each prospective protected water area designated by the commission. The management plan shall be completed during …

The commission shall hold a final public hearing on the completed management plan in the vicinity of the water area at least thirty days before permanent designation by the commission. Notice of the hearing shall be published at least twice, not less than seven days prior to the …

The commission may adopt the management plan and may permanently designate the area into the protected water area system. Upon the commission adopting the management plan and permanently designating the area as a protected water area, the commission may submit the management plan…

The commission may use any one or a combination of the available methods, except condemnation, for managing and preserving a protected water area, including but not limited to fee and less than fee title acquisition techniques, such as easements, leasing agreements, covenants, an…

Whenever, in the opinion of the commission, it is necessary and desirable for it to erect a dam or spillway across a stream or at the outlet of a lake, or to alter or reconstruct an existing dam or spillway, so as to increase or decrease its permanent height, or to permanently af…

If, at the time of hearing on the tentative plan, no objectors appear and no claim for damages or compensation shall have been filed, or if proper waivers giving consent to the construction of the proposed improvement have been obtained from all parties affected then the commissi…

1. The department shall establish a water trails and low head dam public hazard program. 2. In administering the water trails and low head dam public hazard program, the department shall conduct a study of waterways for recreational purposes and develop a statewide plan by March …

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. 86 Acts, ch 1245, §…

The commission, upon receipt of a report and plan prepared by a competent civil engineer, showing the work contemplated, the effect on the water level, and probable cost and such other facts and recommendations as may be deemed material, may approve said plan which shall be consi…

After the approval the commission, if it wishes to proceed further with the project, shall, with the consent of the environmental protection commission, fix a date of hearing not less than two weeks from date of approval of the plan. Notice of the day, hour and place of hearing, …

If, at the time of the hearing, the commission shall find that the improvement would be conducive to the public convenience, welfare, benefit or utility, and the cost thereof is not excessive, and no claim shall have been filed for damages, it may adopt the tentative plan as fina…

If, at the time of the hearing, the claims for damages shall have been filed, further proceedings shall be continued to an adjourned, regular, or special session, the date and place of which shall be fixed at the time of adjournment and of which all interested parties shall take …

The appraisers appointed to determine the damages caused by the proposed project shall view the premises and determine and fix the amount of damages to which each claimant is entitled and shall, at least three days before the date fixed by the commission to hear and determine the…

At the time fixed for hearing and after receipt of the report of the appraisers, the commission shall examine said report, both for and against each claim for damages and compensation and shall determine the amount of damages and compensation due each claimant and may affirm, inc…

Judicial review of the orders or actions of the commission fixing the amount of compensation awarded or damages sustained by any claimant may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A . The petition for review shall be accompanie…

The amount of damages or compensation found by the court shall be entered of record. Unless the result of the judicial review proceeding is more favorable to the petitioner than the action of the commission, all costs of the judicial review proceeding shall be taxed to the petiti…

Where the water backed up by any dam belonging to any mill or machinery is about to break through or over the banks of the stream or raceway, or to wash a channel, so as to turn the water of such stream or raceway, or any part thereof, out of its ordinary channel, whereby such mi…

If any person shall injure, destroy, or remove any such embankment or other works, the owner or occupier of such mill or machinery may recover of such person all damages the owner or occupant may sustain by reason thereof. [R60, §1277; C73, §1205; C97, §1937; C24, 27, 31, 35, 39,…

Any person owning and using a water power for the purpose of propelling machinery shall have the right to acquire, maintain, and utilize the fall below such power for the purpose of improving the same, in like manner and to the same extent as provided in this chapter for the erec…

1. The general assembly finds that: a. Iowa’s most significant open space lands are essential to the well-being and quality of life for Iowans and to the economic viability of the state’s recreation and tourism industry. b. Many areas of high national significance in the state ha…

1. The department of natural resources has the following duties in undertaking programs to meet the objectives stated in section 465A.1 . a. Prepare and conduct new education and awareness programs designed to create greater public understanding of the needs, issues, and opportun…

1. To achieve the purposes of this chapter , the department, other state agencies, political subdivisions of the state, and private organizations may use funds from the following sources: a. Appropriations by the general assembly. b. Private grants and gifts. c. Federal grants an…