reglab/statecodes huggingface dataset:
2023 Iowa Code › Title V - AGRICULTURE › Chapter 159A - RENEWABLE FUELS AND COPRODUCTS › Section 159A.16 - Renewable fuel infrastructure fund.

159A.16 Renewable fuel infrastructure fund.
1. A renewable fuel infrastructure fund is created in the state treasury under the control of the department. The infrastructure fund is separate from the general fund of the state.
2. The renewable fuel infrastructure fund is composed of moneys appropriated by the general assembly and moneys available to and obtained or accepted by the department from the United States government or private sources for placement in the infrastructure fund.
3. Moneys in the renewable fuel infrastructure fund are appropriated to the department exclusively to support and market the renewable fuel infrastructure programs as provided in sections 159A.14 and 159A.15, and as allocated in financial incentives by the renewable fuel infrastructure board created in section 159A.13.
a. For each fiscal year, not more than one million two hundred fifty thousand dollars shall be allocated to support the renewable fuel infrastructure program for retail motor fuel sites as provided in section 159A.14 to finance the installation, replacement, or conversion of biodiesel infrastructure as provided in that section.
b. For each fiscal year, not more than one hundred thousand dollars shall be allocated to the department to support the administration of the programs.
c. For each fiscal year, the department may use up to three-quarters of one percent of the program funds to market the programs. Otherwise the moneys shall not be transferred, used, obligated, appropriated, or otherwise encumbered except to allocate as financial incentives under the programs.
4. a. The recapture of awards or penalties, or other repayments of moneys originating from the renewable fuel infrastructure fund shall be deposited into the infrastructure fund.
b. Notwithstanding section 12C.7, interest or earnings on moneys in the infrastructure fund shall be credited to the infrastructure fund.
c. Notwithstanding section 8.33, unencumbered and unobligated moneys remaining in the infrastructure fund at the close of each fiscal year shall not revert but shall remain available in the infrastructure fund.
2006 Acts, ch 1175, §6, 23; 2006 Acts, ch 1185, §56
C2007, §15G.205
2008 Acts, ch 1122, §2; 2009 Acts, ch 41, §18; 2011 Acts, ch 113, §44, 55, 56
CS2011, §159A.16
2022 Acts, ch 1150, §17
Referred to in §159A.11, 159A.14, 159A.15, 159A.17
Subsection 3 amended
2023 Iowa Code › Title V - AGRICULTURE › Chapter 159A - RENEWABLE FUELS AND COPRODUCTS › Section 159A.17 - Appropriation.

159A.17 Appropriation.
For the fiscal year beginning July 1, 2021, and ending June 30, 2022, and for each fiscal year thereafter, there is appropriated from the general fund of the state to the renewable fuel infrastructure fund created in section 159A.16 the amount of five million dollars.
2021 Acts, ch 143, §37
2023 Iowa Code › Title V - AGRICULTURE › Chapter 160 - STATE APIARIST › Section 160.1 - Appointment by secretary of agriculture.

160.1 Appointment by secretary of agriculture.
There is hereby created and established within the department the office of state apiarist. The state apiarist shall be appointed by and be responsible to and under the authority of the secretary of agriculture in the issuance of all rules, the establishment of quarantines and other official acts.
[C24, 27, 31, 35, 39, §4036; C46, 50, 54, 58, §266.8, 266.9; C62, 66, 71, 73, 75, 77, 79, 81, §160.1]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 160 - STATE APIARIST › Section 160.1A - Definitions.

160.1A Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Apiary” means a place where one or more bee colonies are maintained.
2. “Bee” means a honeybee belonging to the genus apis.
3. “Colony” means a queen bee and more than one worker bee located on beeswax combs and enclosed in a container.
4. “Package” means a shipping cage exclusively containing adult bees, without beeswax combs.
90 Acts, ch 1104, §1; 93 Acts, ch 21, §1, 2
Referred to in §190A.2, 716.7A, 911.5
Further definitions, see §159.1
2023 Iowa Code › Title V - AGRICULTURE › Chapter 160 - STATE APIARIST › Section 160.2 - Duties.

160.2 Duties.
The state apiarist shall do all of the following:
1. Give lectures and demonstrations in the state on the production of honey, the care of the apiary, the marketing of honey, and upon other kindred subjects relative to the care of bees and the profitable production of honey.
2. Examine bees, combs, and equipment in any locality which the apiarist may suspect of being African in origin or infested with a parasite or foulbrood or any other contagious or infectious disease common to bees.
3. Regulate bees, combs, and used equipment moving across state borders.
[C24, 27, 31, 35, 39, §4037; C46, 50, 54, 58, §266.10; C62, 66, 71, 73, 75, 77, 79, 81, §160.2]
88 Acts, ch 1051, §1; 90 Acts, ch 1104, §2; 93 Acts, ch 21, §3
2023 Iowa Code › Title V - AGRICULTURE › Chapter 160 - STATE APIARIST › Section 160.3 - Right to enter premises.

160.3 Right to enter premises.
In the performance of the apiarist’s duties, the state apiarist or the apiarist’s assistants shall have the right to enter any premises, enclosure, or buildings containing bees or bee supplies.
[C27, 31, 35, §4037-a1; C39, §4037.1; C46, 50, 54, 58, §266.11; C62, 66, 71, 73, 75, 77, 79, 81, §160.3]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 160 - STATE APIARIST › Section 160.5 - Instructions — hives — imported bees.

160.5 Instructions — hives — imported bees.
1. If upon examination the apiarist finds bees to be diseased or infested with parasites, the apiarist shall furnish the owner or person in charge of the apiary with full written instructions as to the nature of the disease or infestation and the best methods of treatment, which information shall be furnished without cost to the owner.
2. It shall be unlawful to keep bees in any containers except hives with movable frames permitting ready examination in those counties where area cleanup inspection is in progress as may be proclaimed in official regulation.
3. A person who desires to move a colony, package, or used equipment with combs into this state shall apply to the state apiarist for a written entry permit at least sixty days prior to the proposed entry date. A statement must accompany each application for an entry permit describing each offense related to beekeeping for which the person has been subject to a penalty by a state, federal, or foreign government. The written entry permit must accompany all such shipments when they enter the state. Entry into this state without a permit is unlawful and is punishable pursuant to section 160.14. However, entry requirements of this section shall not apply to a package shipped by the United States postal service.
4. At least ten days before entry a person who has applied for an entry permit must meet both of the following conditions:
a. A valid Iowa certificate of inspection must be on file with the department or a valid certificate of inspection or certificate of health dated within the last sixty days must have been submitted by the state apiarist or inspector of the state of origin. A certificate must indicate the absence of any contagious diseases, parasites, or Africanized bees in the colony or package to be shipped.
b. A completed apiary registration form with locations of apiaries in Iowa indicated along with any fees required for nonresidents must have been submitted. Descriptions of locations shall include all of the following:
(1) The name of the landowner.
(2) Number of colonies to be kept at that location.
(3) The county, township, section number and quarter section, or street address if located within the city limits.
[C24, 27, 31, 35, 39, §4039; C46, 50, 54, 58, §266.13; C62, 66, 71, 73, 75, 77, 79, 81, §160.5]
88 Acts, ch 1051, §2; 90 Acts, ch 1104, §3; 93 Acts, ch 21, §4, 5; 2009 Acts, ch 41, §263; 2018 Acts, ch 1041, §127
Referred to in §160.14, 911.5
2023 Iowa Code › Title V - AGRICULTURE › Chapter 160 - STATE APIARIST › Section 160.6 - Notice to treat, disinfect, remove, or destroy.

160.6 Notice to treat, disinfect, remove, or destroy.
The state apiarist shall provide a notice in writing to an owner of bees or bee equipment infested with contagious diseases, parasites, or Africanized bees to treat, disinfect, destroy, or remove a colony or equipment in a manner and by a time specified by the state apiarist in the order.
[C27, 31, 35, §4039-a1; C39, §4039.1; C46, 50, 54, 58, §266.14; C62, 66, 71, 73, 75, 77, 79, 81, §160.6]
93 Acts, ch 21, §6
Referred to in §160.7
2023 Iowa Code › Title V - AGRICULTURE › Chapter 160 - STATE APIARIST › Section 160.7 - Apiarist to disinfect or destroy — costs.

160.7 Apiarist to disinfect or destroy — costs.
If the owner fails to comply with the notice provided in section 160.6, the state apiarist shall declare the diseased, parasite-infested or Africanized colonies a nuisance, and administer the destruction or disinfection of the bee colonies or equipment required to eliminate the source of the disease, parasites, or Africanized bees. The state apiarist shall keep an account of costs related to the destruction.
[C27, 31, 35, §4039-a2; C39, §4039.2; C46, 50, 54, 58, §266.15; C62, 66, 71, 73, 75, 77, 79, 81, §160.7]
93 Acts, ch 21, §7
Nuisances in general, chapter 657
2023 Iowa Code › Title V - AGRICULTURE › Chapter 160 - STATE APIARIST › Section 160.8 - Costs certified — collected as tax.

160.8 Costs certified — collected as tax.
The state apiarist shall certify the amount of such cost to the owner and if the same is not paid to the state apiarist within sixty days, the amount shall be certified to the county auditor of the county in which the premises are located, who shall spread the same upon the tax books which shall be a lien upon the property of the bee owner and be collected as other taxes are collected.
[C27, 31, 35, §4039-a3; C39, §4039.3; C46, 50, 54, 58, §266.16; C62, 66, 71, 73, 75, 77, 79, 81, §160.8]
Referred to in §331.512
Collection of taxes, chapter 445
2023 Iowa Code › Title V - AGRICULTURE › Chapter 160 - STATE APIARIST › Section 160.9 - Rules.

160.9 Rules.
The state apiarist shall adopt rules relating to the inspection, regulation of movement, sale, and cleanup of bee colonies and used beekeeping equipment that is infested with a contagious disease, harmful parasites, or an undesirable subspecies of honey bees.
[C27, 31, 35, §4039-a4; C39, §4039.4; C46, 50, 54, 58, §266.17; C62, 66, 71, 73, 75, 77, 79, 81, §160.9]
88 Acts, ch 1051, §3; 93 Acts, ch 21, §8
2023 Iowa Code › Title V - AGRICULTURE › Chapter 160 - STATE APIARIST › Section 160.13 - Annual report.

160.13 Annual report.
Said apiarist shall also make an annual report to the secretary of agriculture, stating the number of apiaries visited, number of demonstrations held, number of lectures given, the number of examinations and inspections made, together with such other matters of general interest concerning the business of beekeeping as in the apiarist’s judgment shall be of value to the public.
[C24, 27, 31, 35, 39, §4040; C46, 50, 54, 58, §266.21; C62, 66, 71, 73, 75, 77, 79, 81, §160.13]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 160 - STATE APIARIST › Section 160.14 - Penalties — injunctions.

160.14 Penalties — injunctions.
1. A person who knowingly sells, barters, gives away, moves, or allows to be moved, a diseased or parasite-infested colony, package, equipment, or combs without the consent of the state apiarist, or exposes infected honey or infected equipment to the bees, or who willfully fails or neglects to give proper treatment to a diseased or parasite-infested colony, or who interferes with the state apiarist or the apiarist’s assistants in the performance of official duties or who refuses to permit the examination of bees or their destruction as provided in this chapter or violates another provision of this chapter, except as provided in subsection 2, is guilty of a simple misdemeanor.
2. A person who knowingly moves or causes to be moved into this state a colony, package, used equipment, or combs in violation of section 160.5, is guilty of a serious misdemeanor.
3. Each day a colony, package, used equipment, or combs moved into this state in violation of section 160.5 remain in this state constitutes a separate offense. A colony, package, used equipment, or combs brought into this state in violation of section 160.5 may be declared a nuisance. The department shall provide written notice to the person owning the land where the colony, package, used equipment, or combs are located, and, if known, to the person owning the colony, package, used equipment, or combs. The notice shall state that the owner of the colony, package, used equipment, or combs must remove the colony, package, used equipment, or combs from this state within five days of the notification. After the five days have lapsed the department may seize the colony, package, used equipment, or combs. The department may secure a warrant if the owner of the land objects to the seizure. The department shall maintain the seized property until a court, upon petition by the department, determines the disposition of the property. The court shall render a decision concerning the disposition of the property by the court within ten days of the filing of the petition. Upon conviction of a violation of section 160.5, a person shall forfeit all interest in property moved in violation of that section and the department may immediately destroy the property.
4. The attorney general or persons designated by the attorney general may institute suits on behalf of the state apiarist to obtain injunctive relief to restrain and prevent violations of this chapter.
[C24, 27, 31, 35, 39, §4041; C46, 50, 54, 58, §266.22; C62, 66, 71, 73, 75, 77, 79, 81, §160.14]
85 Acts, ch 48, §1; 88 Acts, ch 1051, §5; 90 Acts, ch 1104, §4, 5; 93 Acts, ch 21, §9
Referred to in §160.5
2023 Iowa Code › Title V - AGRICULTURE › Chapter 160 - STATE APIARIST › Section 160.15 - Payment of expenses.

160.15 Payment of expenses.
All expenses, except salaries, incurred by the state apiarist or the apiarist’s assistants in the performance of their duties within a county shall be paid not to exceed two hundred dollars per annum for the purpose of eradication of diseases and parasites among bees. Such work of eradication shall be done in such county under the supervision of the state apiarist.
[C31, 35, §4041-c1; C39, §4041.1; C46, 50, 54, 58, §266.23; C62, 66, 71, 73, 75, 77, 79, 81, §160.15]
83 Acts, ch 123, §70, 209; 88 Acts, ch 1051, §6
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.1 - Short title.

161A.1 Short title.
This chapter may be known and cited as the “Soil Conservation Districts Law”.
[C39, §2603.02; C46, §160.1; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §467A.1]
C93, §161A.1
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.2 - Declaration of policy.

161A.2 Declaration of policy.
It is hereby declared to be the policy of the legislature to integrate the conservation of soil and water resources into the production of agricultural commodities to insure the long-term protection of the soil and water resources of the state of Iowa, and to encourage the development of farm management and agricultural practices that are consistent with the capability of the land to sustain agriculture, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist and maintain the navigability of rivers and harbors, preserve wildlife, protect the tax base, protect public lands and promote the health, safety and public welfare of the people of this state.
[C39, §2603.03; C46, §160.2; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §467A.2]
86 Acts, ch 1245, §645
C93, §161A.2
Referred to in §161A.7, 161A.42
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.6 - Commissioners — general provisions.

161A.6 Commissioners — general provisions.
1. The commissioners of each soil and water conservation district shall convene on the first day of January that is not a Sunday or holiday in each odd-numbered year. Those commissioners whose term of office begins on that day shall take the oath of office prescribed by section 63.10. The commissioners shall then organize by election of a chairperson and a vice chairperson.
2. The commissioners of the respective districts shall submit to the department such statements, estimates, budgets, and other information at such times and in such manner as the department may require.
3. A commissioner shall not receive compensation for the commissioner’s services. However, to the extent funds are available, a commissioner is entitled to receive actual expenses necessarily incurred in the discharge of the commissioner’s duties, including reimbursement for mileage at the rate provided under section 70A.9 for state business use.
4. The commissioners may call upon the attorney general of the state for such legal services as they may require. The commissioners may delegate to their chairperson, to one or more commissioners or to one or more agents, or employees, such powers and duties as they may deem proper. The commissioners shall furnish to the division, upon request, copies of such ordinances, rules, regulations, orders, contracts, forms, and other documents as they shall adopt or employ, and such other information concerning their activities as it may require in the performance of its duties under this chapter.
5. The commissioners shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and shall regularly report to the division a summary of financial information regarding moneys controlled by the commissioners, which are not audited by the state, according to rules adopted by the division.
6. The commissioners may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the commissioners of the district on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county.
[C39, §2603.08; C46, §160.6; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §467A.6]
87 Acts, ch 23, §19
C93, §161A.6
93 Acts, ch 176, §33; 96 Acts, ch 1083, §2; 2015 Acts, ch 103, §30; 2016 Acts, ch 1011, §121
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.8 - Cooperation between districts.

161A.8 Cooperation between districts.
The commissioners of any two or more districts organized under the provisions of this chapter may cooperate with one another in the exercise of any or all powers conferred in this chapter.
[C39, §2603.10; C46, §160.8; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §467A.8]
C93, §161A.8
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.9 - State agencies to cooperate.

161A.9 State agencies to cooperate.
Agencies of this state which shall have jurisdiction over, or be charged with the administration of, any state-owned lands, and of any county, or other governmental subdivision of the state, which shall have jurisdiction over, or be charged with the administration of, any county-owned or other publicly owned lands, lying within the boundaries of any district organized hereunder, may cooperate to the fullest extent with the commissioners of such districts in the effectuation of programs and operations undertaken by the commissioners under the provisions of this chapter.
[C39, §2603.11; C46, §160.9; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §467A.9]
C93, §161A.9
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.12 - Statement to department of management.

161A.12 Statement to department of management.
On or before October 1 next preceding each annual legislative session, the department shall submit to the department of management, on official estimate blanks furnished for those purposes, statements and estimates of the expenditure requirements for each fiscal year, and a statement of the balance of funds, if any, available to the division, and the estimates of the division as to the sums needed for the administrative and other expenses of the division for the purposes of this chapter.
[C46, §160.12; C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §467A.12]
86 Acts, ch 1245, §654
C93, §161A.12
96 Acts, ch 1034, §6; 2012 Acts, ch 1095, §10
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.13 - Purpose of subdistricts.

161A.13 Purpose of subdistricts.
Subdistricts of a soil and water conservation district may be formed as provided in this chapter for the purposes of carrying out watershed protection and flood prevention programs within the subdistrict but shall not be formed solely for the purpose of establishing or taking over the operation of an existing drainage district.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §467A.13]
86 Acts, ch 1238, §61; 87 Acts, ch 23, §22; 89 Acts, ch 83, §58
C93, §161A.13
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.14 - Petition to form.

161A.14 Petition to form.
When the landowners in a proposed subdistrict desire that a subdistrict be organized, they shall file a petition with the commissioners of the soil and water conservation district. The area must be contiguous and in the same watershed but it shall not include any area located within the boundaries of an incorporated city. The petition shall set forth an intelligible description by congressional subdivision, or otherwise, of the land suggested for inclusion in the subdistrict and shall state whether the special annual tax or special benefit assessments will be used, or whether the use of both is contemplated. The petition shall contain a brief statement giving the reasons for organization, and requesting that the proposed area be organized as a subdistrict, and must be signed by sixty-five percent of the landowners in the proposed subdistrict. Land already in one subdistrict cannot be included in another. The soil and water conservation district commissioners shall review the petition and if it is found adequate shall arrange for a hearing on it.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §467A.14]
87 Acts, ch 23, §23
C93, §161A.14
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.15 - Notice and hearing.

161A.15 Notice and hearing.
Within thirty days after a petition has been filed with the soil and water conservation district commissioners, they shall fix a date, hour, and place for a hearing and direct the secretary to cause notice to be given to the owners of each tract of land, or lot, within the proposed subdistrict as shown by the transfer books of the auditor’s office, and to each lienholder, or encumbrancer, of any such lands as shown by the county records, and to all other persons whom it may concern, and without naming individuals all actual occupants of land in the proposed subdistrict, of the pendency and purpose of the petition and that all objections to establishment of the subdistrict for any reason must be made in writing and filed with the secretary of the soil and water conservation district at, or before, the time set for hearing. The soil and water conservation district commissioners shall consider and determine whether the operation of the subdistrict within the defined boundaries as proposed is desirable, practicable, feasible, and of necessity in the interest of health, safety, and public welfare. All interested parties may attend the hearing and be heard. The soil and water conservation district commissioners may for good cause adjourn the hearing to a day certain which shall be announced at the time of adjournment and made a matter of record. If the soil and water conservation district commissioners determine that the petition meets the requirements set forth in this section and in section 161A.5, they shall declare that the subdistrict is duly organized and shall record such action in their official minutes together with an appropriate official name or designation for the subdistrict.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §467A.15]
87 Acts, ch 23, §24
C93, §161A.15
2001 Acts, ch 24, §32
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.16 - Publication of notice.

161A.16 Publication of notice.
The notice of hearing on the formation of a subdistrict shall be by publication once each week for two consecutive weeks in some newspaper of general circulation published in the county or district, the last of which shall be not less than ten days prior to the day set for the hearing on the petition. Proof of such service shall be made by affidavit of the publisher, and be on file with the secretary of the district at the time the hearing begins.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §467A.16]
87 Acts, ch 115, §61
C93, §161A.16
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.17 - Subdistrict in more than one district.

161A.17 Subdistrict in more than one district.
If the proposed subdistrict lies in more than one soil and water conservation district, the petition may be presented to the commissioners of any one of such districts, and the commissioners of all such districts shall act jointly as a board of commissioners with respect to all matters concerning the subdistrict, including its formation. They shall organize as a single board for such purposes and shall designate its chairperson, vice chairperson, and secretary-treasurer to serve for terms of one year. Such a subdistrict shall be formed in the same manner and has the same powers and duties as a subdistrict formed in one soil and water conservation district.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §467A.17]
87 Acts, ch 23, §25
C93, §161A.17
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.18 - Certification.

161A.18 Certification.
Following the entry in the official minutes of the soil and water conservation district commissioners of the creation of the subdistrict, the commissioners shall certify this fact on a separate form, authentic copies of which shall be recorded with the county recorder of each county in which any portion of the subdistrict lies, and with the division.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §467A.18]
87 Acts, ch 23, §26
C93, §161A.18
2001 Acts, ch 24, §33; 2015 Acts, ch 103, §32
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.19 - Governing body.

161A.19 Governing body.
The commissioners of a soil and water conservation district in which the subdistrict is formed are the governing body of the subdistrict. When a subdistrict lies in more than one soil and water conservation district, the combined board of commissioners is the governing body. The governing body of the subdistrict shall appoint three trustees living within the subdistrict to assist with the administration of the subdistrict.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §467A.19]
87 Acts, ch 23, §27
C93, §161A.19
Referred to in §161A.20
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.20 - Special annual tax.

161A.20 Special annual tax.
1. After obtaining agreements to carry out recommended soil conservation measures and proper farm plans from owners of not less than fifty percent of the lands situated in the subdistrict, a subdistrict shall have the authority to impose a special annual tax, the proceeds of which shall be used for the repayment of actual and necessary expenses incurred to organize the subdistrict; to acquire land or rights or interests therein by purchase or condemnation; and to repair, alter, maintain, and operate the present and future works of improvement within its boundaries.
2. On or before January 10 of each year, the governing body of a subdistrict shall make an estimate of the amount it deems necessary to be raised by such special tax for the ensuing year and transmit the estimate in dollars to the board of supervisors of the county in which the subdistrict lies.
3. If portions of the subdistrict are in more than one county, then the governing body, as designated in section 161A.19 in such event, after arriving at the estimate in dollars deemed necessary for the entire subdistrict shall ratably apportion such amount between the counties and transmit and certify the prorated portion to the respective boards of supervisors of each of the counties.
4. The board or boards of supervisors shall upon receipt of certification from the governing body of the subdistrict make the necessary levy on the assessed valuation of all real estate within the boundaries of the subdistrict lying within their respective county to raise said amounts, but in no event to exceed one dollar and eight cents per thousand dollars of assessed value.
5. The special tax levied under this section shall be collected in the same manner as other taxes with a penalty for delinquency. The moneys collected from the special tax and any delinquency penalty shall be deposited in a fund established by the governing body as provided by a resolution adopted by the governing body and delivered for filing with each appropriate county treasurer. Moneys earned as income from moneys in the fund, including as interest, shall remain in the fund until expended by the governing body according to procedures specified in the resolution. If the governing body does not adopt a resolution or deliver the resolution to the county treasurer, the moneys shall be deposited into a separate account in the county’s general fund by that county treasurer. The account shall be identified by the official name of the subdistrict and expenditures from the account shall be made on requisition of the chairperson and secretary of the governing body of the subdistrict.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §467A.20]
C93, §161A.20
2005 Acts, ch 116, §1; 2016 Acts, ch 1011, §121; 2017 Acts, ch 29, §46; 2022 Acts, ch 1021, §47
Referred to in §161A.22, 161A.41
Subsection 2 amended
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.21 - Condemnation by subdistrict.

161A.21 Condemnation by subdistrict.
A subdistrict of a soil and water conservation district may condemn land or rights or interests in the subdistrict to carry out the authorized purposes of the subdistrict.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.21]
87 Acts, ch 23, §28
C93, §161A.21
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.22 - General powers applicable — warrants or bonds.

161A.22 General powers applicable — warrants or bonds.
1. A subdistrict organized under this chapter has all of the powers of a district in addition to other powers granted to the subdistrict in other sections of this chapter.
2. The governing body of the subdistrict, upon determination that benefits from works of improvement as set forth in the watershed work plan to be installed will exceed costs thereof, and that funds needed for purposes of the subdistrict require levy of a special benefit assessment as provided in section 161A.23, in lieu of the special annual tax as provided in section 161A.20, shall record its decision to use its taxing authority and, upon majority vote of the governing body and with the approval of the committee, may issue warrants or bonds payable in not more than forty semiannual installments in connection with the special benefit assessment, and pledge and assign the proceeds of the special benefit assessment and other revenues of the subdistrict as security for the warrants or bonds. The warrants and bonds of indebtedness are general obligations of the subdistrict, exempt from all taxes, state and local, and are not indebtedness of the district or the state of Iowa.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.22]
87 Acts, ch 23, §29
C93, §161A.22
2017 Acts, ch 159, §10
Referred to in §422.7(2)(j)
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.23 - Agreement by fifty percent of landowners.

161A.23 Agreement by fifty percent of landowners.
1. After obtaining agreements to carry out recommended soil conservation measures and proper farm plans from owners of not less than fifty percent of the lands situated in the subdistrict, the governing body of the subdistrict shall have the authority to establish a special tax for the purpose of organization, construction, repair, alteration, enlargement, extension, and operation of present and future works of improvement within the boundaries of said subdistrict.
2. The governing body shall appoint three appraisers to assess benefits and classify the land affected by such improvements. One of such appraisers shall be a competent licensed professional engineer and two of them shall be resident landowners of the county or counties in which the subdistrict is located but not living within nor owning or operating any lands included in said subdistrict.
3. The appraisers shall take and subscribe an oath of their qualifications and to perform the duties of classification of said lands, fix the percentages, benefits and apportion and assess the costs and expenses of construction of the said improvement according to law and their best judgment, skill, and ability. If said appraisers or any of them fail or neglect to act or perform the duties in the time and as required of them by law, the governing body of the subdistrict shall appoint others with like qualifications to take their places and perform said duties.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.23]
C93, §161A.23
2007 Acts, ch 126, §38
Referred to in §161A.22, 161A.38, 161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.24 - Assessment for improvements.

161A.24 Assessment for improvements.
1. At the time of appointing the appraisers, the governing body shall fix the time within which said assessment, classification, and apportionment shall be made, which may be extended for good cause shown. Within twenty days after their appointment, the appraisers shall begin to inspect and classify all the lands within the district, or any change, extension, enlargement, or relocation thereof in tracts of forty acres or less according to the legal or recognized subdivisions, in a graduated scale of benefits to be numbered according to the benefit to be received by each of such tracts from such improvement, and pursue the work continuously until completed. When the work is completed, the appraisers shall make a full, accurate, and detailed report thereof and file the report with the governing body. The lands receiving the greatest benefit shall be marked on a scale of one hundred, and those benefited in a less degree with such percentage of one hundred as the benefits received bear in proportion thereto.
2. The amount of benefit appraised to each forty acres of land within the subdistrict shall be determined by the improvements within said subdistrict based upon the work plan as agreed upon by the subdistrict.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.24]
C93, §161A.24
2018 Acts, ch 1041, §48
Referred to in §161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.25 - Report of appraisers.

161A.25 Report of appraisers.
In the report of the appraisers so appointed they shall specify each tract of land by proper description, and the ownership thereof, as the same appears on the transfer books in the auditor’s office.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.25]
C93, §161A.25
Referred to in §161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.26 - Hearing.

161A.26 Hearing.
The governing body shall fix a time for a hearing within sixty days upon receiving the report of the appraisers, and the governing body shall cause notice to be served upon each person not less than ten days before said hearing whose name appears as owner, naming that person, and also upon the person or persons in actual occupancy of any tract of land without naming them of the day and hour of such hearing, which notice shall be for the same time and served in the same manner as is provided for the establishment of a subdistrict, and shall state the amount of assessment of costs and expenses of organizing and construction apportioned to each owner upon each forty-acre tract or less, and that all objections thereto must be in writing and filed with the governing body at or before the time set for such hearing.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.26]
C93, §161A.26
Referred to in §161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.27 - Determination by board.

161A.27 Determination by board.
At the time fixed or at an adjourned hearing, the governing body shall hear and determine all objections filed to said report and shall fully consider the said report, and may affirm, increase, or diminish the percentage of benefits or the apportionment of costs and expenses made in said report against any body or tract of land in said subdistrict as may appear to the board to be just and equitable.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.27]
C93, §161A.27
Referred to in §161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.28 - Appeal.

161A.28 Appeal.
Any person aggrieved may appeal from any final action of the governing body in relation to any matter involving the person’s rights, to the district court of the county in which the proceeding was held.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.28]
C93, §161A.28
Referred to in §161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.29 - Intercounty subdistricts.

161A.29 Intercounty subdistricts.
In subdistricts extending into two or more counties, appeals from final orders resulting from the joint action of the several governing bodies of such subdistrict may be taken to the district court of any county into which the district extends.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.29]
C93, §161A.29
Referred to in §161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.30 - Notice of appeal.

161A.30 Notice of appeal.
All appeals shall be taken within twenty days after the date of final action or order of the governing body from which such appeal is taken by filing with the auditor a notice of appeal, designating the court to which the appeal is taken, the order or action appealed from, and stating that the appeal will come on for hearing thirty days following perfection of the appeal with allowances of additional time for good cause shown. This notice shall be accompanied by an appeal bond with sureties to be approved by the auditor conditioned to pay all costs adjudged against the appellant and to abide the orders of the court.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.30]
C93, §161A.30
Referred to in §161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.31 - Petition filed.

161A.31 Petition filed.
Within twenty days after perfection of notice, the appellant shall file a petition setting forth the order or final action of the governing body appealed from and the grounds of the appellant’s objections and the appellant’s complaint, with a copy of the appellant’s claim for damages or objections filed by the appellant with the auditor. The appellant shall pay to the clerk the filing fee as provided by law in other cases. A failure to pay the filing fee or to file such petition shall be deemed a waiver of the appeal and in such case the court shall dismiss the same.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.31]
C93, §161A.31
Referred to in §161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.32 - Assessment certified.

161A.32 Assessment certified.
When the board or boards of supervisors shall receive a certification from the governing body of the district to make the necessary assessment on the real estate within the boundaries of the subdistrict lying within their respective county, this shall be construed as final action by the governing body.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.32]
C93, §161A.32
Referred to in §161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.33 - Assessments transmitted.

161A.33 Assessments transmitted.
1. The governing body upon receiving the reports from three appointed appraisers and after holding the hearings shall transmit and certify the amounts of assessments to the respective boards of supervisors which, upon receipt of certification from the governing body of the district, make the necessary levy of such assessments as fixed by the governing body upon the land within such subdistrict. The assessments shall be levied at that time as a tax and shall bear interest at a rate not exceeding that permitted by chapter 74A from that date payable annually except as hereafter provided as to cash payments therefor within a specified time.
2. The assessment levied under this section together with any accrued interest or delinquency penalty as provided in this chapter shall be deposited in a fund established by the governing body as provided by a resolution adopted by the governing body and delivered for filing with each appropriate county treasurer. Moneys earned as income from moneys in the fund, including as interest, shall remain in the fund until expended by the governing body according to procedures specified in the resolution. If the governing body does not adopt a resolution or deliver the resolution to the county treasurer, the moneys shall be deposited into a separate account in the county’s general fund by that county treasurer. The account shall be identified by the official name of the subdistrict and expenditures from the account shall be made on requisition of the chairperson and secretary of the governing body of the subdistrict.
3. At no time shall an assessment be made where the benefits accrued to the subdistrict do not exceed the cost of the improvements within the subdistrict.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.33]
C93, §161A.33
2005 Acts, ch 116, §2
Referred to in §161A.34, 161A.41, 331.552
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.34 - Payment to county treasurer.

161A.34 Payment to county treasurer.
1. All assessments for benefits shall be levied at one time against the property benefited and when levied and certified by the board or boards of supervisors shall be paid at the office of the county treasurer. Each person shall have the right within twenty days after the levy of assessments to pay the person’s assessment in full without interest. The county treasurer shall pay the collected moneys into a fund established by the governing body or an account of the county’s general fund as provided in section 161A.33.
2. If any levy of assessments is not sufficient to meet the cost and expenses of organizing and construction apportioned to each owner upon each forty-acre tract or less, additional assessments may be made on the same classification as the previous ones.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.34]
C93, §161A.34
2005 Acts, ch 116, §3
Referred to in §161A.41, 331.552
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.35 - Installments.

161A.35 Installments.
If the owner of any premises against which a levy exceeding five hundred dollars has been made and certified shall, within thirty days from the date of such levy, agree in writing in a separate agreement, that in consideration of having a right to pay the owner’s assessment in installments, the owner will not make any objection as to the legality of the assessment for benefit, or the levy of the taxes against the owner’s property, then such owner shall have the following options:
1. To pay one half of the amount of such assessment at the time of filing such agreement and the remaining one half shall become due and payable one year from the date of filing such agreement. All such installments shall be without interest if paid at said times, otherwise said assessments shall bear interest from the date of the levy at a rate fixed by the governing body of the subdistrict, but not exceeding that permitted by chapter 74A, payable annually, and be collected as other taxes on real estate, with like penalty for delinquency.
2. To pay such assessments in not less than ten nor more than forty equal installments, the number to be fixed by the governing body of the subdistrict and interest at the rate fixed by the governing body of the subdistrict, not exceeding that permitted by chapter 74A. The first installment of each assessment shall become due and payable at the September semiannual tax paying date after the date of filing such agreement, unless the agreement is filed with the county treasurer less than ninety days prior to such September semiannual tax paying date, in that event, the first installment shall become due and payable at the next succeeding September semiannual tax paying date. The second and each subsequent installment shall become due and payable at the September semiannual tax paying date each year thereafter. All such installments shall be collected with interest accrued on the unpaid balance to the September semiannual tax paying date and as other taxes on real estate, with like penalty for delinquency.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.35]
C93, §161A.35
98 Acts, ch 1107, §1; 99 Acts, ch 83, §1; 2012 Acts, ch 1138, §94
Referred to in §161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.36 - Option by appellant.

161A.36 Option by appellant.
When an owner takes an appeal from the assessment against any of the owner’s land, the option to pay in installments whatever assessment is finally established against such land in said appeal shall continue, if within twenty days after the final determination of said appeal the owner shall file in the office of the auditor the owner’s written election to pay in installments, and within said period pay such installments as would have matured prior to that time if no appeal had been taken, together with all accrued interest on said assessment to the last preceding interest-paying date.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.36]
C93, §161A.36
Referred to in §161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.37 - Status of classification.

161A.37 Status of classification.
A classification of land for watershed purposes, when finally adopted, shall remain the basis of all future assessments for the purpose of said subdistrict, except as provided in section 161A.38.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.37]
C93, §161A.37
Referred to in §161A.41
2023 Iowa Code › Title V - AGRICULTURE › Chapter 161A - SOIL AND WATER CONSERVATION › Section 161A.38 - New classification.

161A.38 New classification.
1. After a subdistrict has been established and the improvements thereof constructed and put in operation, if the governing body shall find that the original assessments are not equitable as a basis for the expenses of any enlargement or extension thereof which may have become necessary, the governing body shall order a new classification of all lands in said subdistrict by resolution, and appoint three appraisers, which shall meet the same requirements as set forth in section 161A.23.
2. Upon the completion of the reclassification, those affected by such reclassification shall have the right to appeal as set forth in this subchapter.
[C62, 66, 71, 73, 75, 77, 79, 81, §467A.38]
C93, §161A.38
2018 Acts, ch 1026, §58
Referred to in §161A.37, 161A.41