reglab/housing_qa huggingface dataset:
IA Code § 455B.219 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.219 - Revocation or suspension.

455B.219 Revocation or suspension.   The director may suspend or revoke the certificate of an operator, following a hearing before the director, when the operator is guilty of the following acts or offenses:   1. Fraud in procuring a license.   2. Professional incompetency.   3. Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the operator’s profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.   4. Habitual intoxication or addiction to the use of drugs.   5. Conviction of a felony related to the profession or occupation of the licensee, or the conviction of any felony that would affect the licensee’s ability to operate a water treatment or wastewater treatment plant. A copy of the record of conviction or plea of guilty shall be conclusive evidence.   6. Fraud in representation as to skill or ability.   7. Use of untruthful or improbable statements in advertisements.   8. Willful or repeated violations of division III of this chapter.  [C66, 71, §136A.11; C73, 75, 77, 79, 81, §455B.59]  C83, §455B.219  86 Acts, ch 1245, §1896  Referred to in §272C.1, 272C.3, 272C.4
IA Code § 455B.220 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.220 - Certificate without examination.

455B.220 Certificate without examination. Repealed by  2006 Acts, ch 1014, §10  .
IA Code § 455B.221 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.221 - Certification and examination fees.

455B.221 Certification and examination fees.   The director may charge a fee for certificates issued under this part. The fee for the certificates and for renewal shall be based on the costs of administering and enforcing this part and paying the expenses of the department relating to certification. The department shall be reimbursed for all costs incurred. The director shall set a fee for the examination which shall be based upon the annual cost of administering the examinations. All fees collected shall be retained by the department for administration of the certification program.  [C66, 71, §136A.14; C73, 75, 77, 79, 81, §455B.61]  C83, §455B.221  86 Acts, ch 1245, §1897; 94 Acts, ch 1059, §1  Referred to in §272C.1, 455B.218
IA Code § 455B.222 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.222 - Rules.

455B.222 Rules.   The commission may adopt rules as are necessary to carry out this part.  [C66, 71, §136A.15; C73, 75, 77, 79, 81, §455B.62]  C83, §455B.222  86 Acts, ch 1245, §1898  Referred to in §272C.1
IA Code § 455B.223 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.223 - Competent operator required.

455B.223 Competent operator required.   It shall be unlawful for any person, firm, corporation, municipal corporation, or other governmental subdivision or agency, operating a water treatment plant, water distribution system or wastewater treatment plant to operate same unless the competency of the operator to operate such plant or system is duly certified to by the director under the provisions of this part 2 of division III. It shall also be unlawful for any person to perform the duties of an operator, as defined herein, without being duly certified under the provisions of said part.  [C66, 71, §136A.16; C73, 75, 77, 79, 81, §455B.63]  C83, §455B.223  Referred to in §272C.1, 455B.199D
IA Code § 455B.224 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.224 - Simple misdemeanor.

455B.224 Simple misdemeanor.   Any person, including any firm, corporation, municipal corporation, or other governmental subdivision or agency, violating any provisions of this part 2 of division III or the rules adopted thereunder after written notice thereof by the executive director is guilty of a simple misdemeanor. Each day of operation in such violation of said part or any rules adopted thereunder shall constitute a separate offense. It shall be the duty of the appropriate county attorney to secure injunctions of continuing violations of any provisions of said part or the rules adopted thereunder.  [C66, 71, §136A.17; C73, 75, 77, 79, 81, §455B.64]  C83, §455B.224  Referred to in §272C.1, 331.756(58)
IA Code § 455B.241 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.241 - Fund.

455B.241 Fund. Repealed by  2011 Acts, ch 9, §10  .
IA Code § 455B.242 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.242 - Grants of assistance.

455B.242 Grants of assistance. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.243 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.243 - Acceptance of grants.

455B.243 Acceptance of grants. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.244 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.244 - Contracts.

455B.244 Contracts. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.245 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.245 - Rules.

455B.245 Rules. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.246 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.246 - Review of contracts by attorney general.

455B.246 Review of contracts by attorney general. Repealed by 2011 Acts, ch 9, §10.
IA Code § 455B.262A (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.262A - National flood insurance program — participation required.

455B.262A National flood insurance program — participation required.   1. All counties and cities in this state that have an effective flood insurance rate map or flood hazard boundary map published by the federal emergency management agency that identifies a special flood hazard area within the political boundaries of the county or city shall meet the requirements for participation in the national flood insurance program administered by the federal emergency management agency on or before June 30, 2011.   2. If a county or city does not currently have an effective flood insurance rate map or flood hazard boundary map published by the federal emergency management agency that identifies a special flood hazard area within the political boundaries of the county or city, the county or city shall have twenty-four months from the effective date of any future flood insurance rate map or flood hazard boundary map published by the federal emergency management agency to meet the requirements for participation in the national flood insurance program.   3. State participation in funding financial assistance for a flood-related disaster under section 29C.6, subsection 17, paragraph “a”, is contingent upon the county or city participating in the national flood insurance program pursuant to the terms, conditions, and deadlines set forth in this section.  2009 Acts, ch 147, §1  Referred to in §455B.265A
IA Code § 455B.262B (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.262B - Cooperation with the state geologist.

455B.262B Cooperation with the state geologist.   The department may request and shall receive assistance from the state geologist pursuant to section 456.14 to allow for the allocation and use of water resources, and the preclusion of conflicts among users of water resources, as provided in this part.  2018 Acts, ch 1167, §26  Referred to in §455B.265A, 456.14
IA Code § 455B.264 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.264 - Jurisdiction — water and floodplains.

455B.264 Jurisdiction — water and floodplains.   1. The department has jurisdiction over the public and private waters in the state and the lands adjacent to the waters necessary for the purposes of carrying out this part. The department may construct flood control works or any part of the works. In the construction of the works, in making surveys and investigations, or in formulating plans and programs relating to the water resources of the state, the department may cooperate with an agency of another state or the United States, or with any other person.   2. Upon application by any person for permission to divert, pump, or otherwise take waters from any watercourse, underground basin or watercourse, drainage ditch, or settling basin within this state for any purpose other than a nonregulated use, the director shall investigate the effect of the use upon the natural flow of the watercourse, the effect of the use upon the owners of any land which might be affected by the use, the effect of the use upon prior users of the water source and contracts made under section 455B.263 and whether the use is consistent with the principles and policies of beneficial use.   3. Upon application by any person for approval of the construction or maintenance of any structure, dam, obstruction, deposit, or excavation to be erected, used, or maintained in or on the floodplains of any river or stream, the department shall investigate the effect of the construction or maintenance project on the efficiency and capacity of the floodway. In determining the effect of the proposal the department shall consider fully its effect on flooding of or flood control for any proposed works and adjacent lands and property, on the wise use and protection of water resources, on the quality of water, on fish, wildlife, and recreational facilities or uses, and on all other public rights and requirements.  [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.18; 82 Acts, ch 1199, §18, 96]  C83, §455B.264  83 Acts, ch 137, §11; 85 Acts, ch 7, §4; 86 Acts, ch 1245, §1899A, 1899B  Referred to in §455B.265A
IA Code § 455B.265A (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.265A - Water use permit fund — appropriation.

455B.265A Water use permit fund — appropriation.   1. A water use permit fund is created in the state treasury. The fund shall be separate from the general fund of the state and shall be under the control of the department.   2. Moneys credited to the fund from the fees assessed pursuant to section 455B.265, subsection 6, are appropriated to the department and shall be used for all of the following purposes:   a. Reviewing applications for permits under section 455B.265, issuing permits, and providing technical assistance to permit applicants.   b. Ensuring compliance with the terms of the permits.   c. Implementing and enforcing the provisions of sections 455B.261 through 455B.281 pertaining to water allocation, use, diversion, storage, and withdrawal, and completing investigations needed to issue new or modified permits or to resolve water interference complaints.   3. Notwithstanding section 8.33, any unexpended balance in the fund at the end of a fiscal year shall be retained in the fund.   4. Notwithstanding section 12C.7, subsection 2, interest, earnings on investments, or time deposits of the moneys in the fund shall be retained in the fund.  2008 Acts, ch 1163, §3  Referred to in §455B.265
IA Code § 455B.267 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.267 - Permits for beneficial use — prohibitions.

455B.267 Permits for beneficial use — prohibitions.   1. The director or the commission may issue a permit for beneficial use of water in a watercourse if the established average minimum water flow is preserved.   2. A use of water shall not be authorized if it will impair the effect of this chapter or any other pollution control law of this state.   3. A permit shall not be issued or continued if it will impair the navigability of any navigable watercourse.   4. A permit to divert, store or withdraw water shall not be issued or continued if it will unreasonably impair the long-term availability of water from a surface or groundwater source in terms of quantity or quality, or otherwise adversely affect the public health or welfare.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.22 – 455A.24; 82 Acts, ch 1199, §21, 96]  C83, §455B.267  85 Acts, ch 7, §7; 86 Acts, ch 1245, §1899A  Referred to in §455B.265A, 460.302
IA Code § 455B.268 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.268 - When permit required.

455B.268 When permit required.   1. A permit shall be required for the following:   a. Except for a nonregulated use, a person diverting, storing or withdrawing water from any surface or groundwater source.   b. A person who diverts water or any material from the surface directly into an underground watercourse or basin.   2. The commission may adopt, modify, or repeal rules pursuant to chapter 17A specifying the conditions under which the director may authorize specific nonrecurring minor uses of water for periods not to exceed one year through registration.   3. Notwithstanding any exemptions from permit requirements, nothing in this part exempts water users from requirements for reporting which the commission adopts by rule.  [C58, 62, 66, 71, 73, 75, 77, §455A.25; C79, 81, §455A.8, 455A.25; 82 Acts, ch 1199, §22, 96]  C83, §455B.268  85 Acts, ch 7, §8; 86 Acts, ch 1245, §1899A  Referred to in §455B.172, 455B.265, 455B.265A
IA Code § 455B.269 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.269 - Taking water prohibited.

455B.269 Taking water prohibited.   1. A person shall not take water from a natural watercourse, underground basin or watercourse, drainage ditch, or settling basin within this state for any purpose other than a nonregulated use except in compliance with the sections of this part which relate to the withdrawal, diversion, or storage of water. However, existing uses may be continued during the period of the pendency of an application for a permit.   2. A person, other than the aquifer storage and recovery permittee, shall not take treated water from a permitted aquifer storage and recovery site within this state.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.26; 82 Acts, ch 1199, §23, 96]  C83, §455B.269  83 Acts, ch 137, §14; 98 Acts, ch 1043, §4  Referred to in §455B.265A
IA Code § 455B.270 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.270 - Rights preserved.

455B.270 Rights preserved.   The sections of this part which relate to the withdrawal, diversion, or storage of water do not deprive any person of the right to use diffused waters, to drain land by use of tile, open ditch, or surface drainage, or to construct an impoundment on the person’s property or across a stream that originates on the person’s property if provision is made for safe construction and for a continued established average minimum flow when the flow is required to protect the rights of water users below.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.27; 82 Acts, ch 1199, §24, 96]  C83, §455B.270  83 Acts, ch 137, §15  Referred to in §455B.265A
IA Code § 455B.271 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.271 - Modification or cancellation of permits.

455B.271 Modification or cancellation of permits.   Each permit issued under section 455B.265 is irrevocable for its term and for any extension of its term except as follows:   1. A permit may be modified or canceled by the department with the consent of the permittee.   2. Subject to appeal to the department of inspections and appeals, a permit may be modified or canceled by the director if any of the following occur:   a. There is a breach of the terms of the permit.   b. There is a violation of the law pertaining to the permit by the permittee or the permittee’s agents.   c. There is a circumstance of nonuse as provided in section 455B.272.   d. The department finds that modification or cancellation is necessary to protect the public health or safety, to protect the public interests in lands or waters, to require conservation measures or to prevent substantial injury to persons or property in any manner. Before the modification or cancellation is effective, the department shall give at least thirty days’ written notice mailed to the permittee at the permittee’s last known address, stating the grounds of the proposed modification or cancellation and giving the permittee an opportunity to be heard on the proposal.   3. By written emergency order to the permittee, the department may suspend or restrict operations under a permit if the director finds it necessary in an emergency to protect the public health, to protect the public interest in waters against imminent danger of substantial injury in any manner or to an extent not expressly authorized by the permit, to implement the priority allocation system of section 455B.266, or to protect persons or property against imminent danger. The department may require the permittee to take measures necessary to prevent or remedy the injury. The emergency order shall state the effective date of the suspension or restriction and shall be immediately effective on that date unless stayed, modified or vacated at a hearing before the department or by a court.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.28; 82 Acts, ch 1199, §25, 96]  C83, §455B.271  83 Acts, ch 137, §16; 85 Acts, ch 7, §9, 10; 86 Acts, ch 1245, §1899A, 1899B  Referred to in §455B.265, 455B.265A, 455B.266, 455B.281
IA Code § 455B.272 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.272 - Termination of permit.

455B.272 Termination of permit.   The right of the permittee and the permittee’s successors to the use of water shall terminate when the permittee or the permittee’s successors fail for three consecutive years to use it for the specific beneficial purpose authorized in the permit and, after notification by the department of intent to cancel the permit for nonuse, the permittee or the permittee’s successors fail to demonstrate adequate plans to use water within a reasonable time. However, nonuse of water due to adequate rainfall does not constitute grounds for cancellation of a permit to use water for irrigation.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.29; 82 Acts, ch 1199, §26, 96]  C83, §455B.272  83 Acts, ch 137, §17  Referred to in §455B.265A, 455B.271
IA Code § 455B.273 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.273 - Disposal of permit.

455B.273 Disposal of permit.   A permittee may sell, transfer, or assign a permit by conveying, leasing, or otherwise transferring the ownership of the land described in the permit, but the permit does not constitute ownership or absolute rights of use of the waters. The waters remain subject to the principle of beneficial use and the orders of the director or commission.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.30; 82 Acts, ch 1199, §27, 96]  C83, §455B.273  86 Acts, ch 1245, §1899  Referred to in §455B.265A
IA Code § 455B.274 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.274 - Unauthorized depleting uses.

455B.274 Unauthorized depleting uses.   If a person files a complaint with the department that another person is making a depleting use of water not expressly exempted as a nonregulated use under this part and without a permit to do so, the department shall cause an investigation to be made and if the facts stated in the complaint are verified the department shall order the discontinuance of the use.  [C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.32; 82 Acts, ch 1199, §28, 96]  C83, §455B.274  Referred to in §455B.265A
IA Code § 455B.276 (2021)
2021 Iowa Code|Title XI - NATURAL RESOURCES|Chapter 455B - JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES|Section 455B.276 - Floodplains — encroachment limits.

455B.276 Floodplains — encroachment limits.   1. The commission may establish and enforce rules for the orderly development and wise use of the floodplains of any river or stream within the state and alter, change, or revoke the rules. The commission shall determine the characteristics of floods which reasonably may be expected to occur and may establish by order encroachment limits, protection methods, and minimum protection levels appropriate to the flooding characteristics of the stream and to reasonable use of the floodplains. The order shall fix the length of floodplains to be regulated at any practical distance, the width of the zone between the encroachment limits so as to include portions of the floodplains adjoining the channel, which with the channel, are required to carry and discharge the flood waters or flood flow of the river or stream, and the design discharge and water surface elevations for which protection shall be provided for projects outside the encroachment limits but within the limits of inundation. Plans for the protection of projects proposed for areas subject to inundation shall be reviewed as plans for flood control works within the purview of section 455B.277. An order establishing encroachment limits shall not be issued until notice of the proposed order is given and an opportunity for public hearing is given for the presentation of protests against the order. In establishing the limits, the commission shall avoid to the greatest possible degree the evacuation of persons residing in the area of a floodway, the removal of residential structures occupied by the persons in the area of a floodway, and the removal of structures erected or made prior to July 4, 1965, which are located on the floodplains of a river or stream but not within the area of a floodway.   2. The commission shall cooperate with and assist local units of government in the establishment of encroachment limits, floodplain regulations, and zoning ordinances relating to floodplain areas within their jurisdiction. Encroachment limits, floodplain regulations, or floodplain zoning ordinances proposed by local units of government shall be submitted to the department for review and approval prior to adoption by the local units of government. Changes or variations from an approved regulation or ordinance as it relates to floodplain use are subject to approval by the commission prior to adoption. Individual applications, plans, and specifications and individual approval orders shall not be required for works on the floodplains constructed in conformity with encroachment limits, floodplain regulations, or zoning ordinances adopted by the local units of government and approved by the commission.  [C50, 54, §455A.21; C58, 62, 66, 71, 73, 75, 77, 79, 81, §455A.35; 82 Acts, ch 1199, §30, 96]  C83, §455B.276  83 Acts, ch 137, §19; 2018 Acts, ch 1041, §127  Referred to in §455B.265A