reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465C - STATE PRESERVES › Section 465C.7 - Ecologist.

465C.7 Ecologist.
The director shall employ, upon recommendation by the board, at salaries fixed by the board, a trained ecologist and other personnel as necessary to carry out the powers and duties of the board.
[C66, 71, 73, 75, 77, 79, 81, §111B.7]
86 Acts, ch 1245, §1871
C93, §465C.7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465C - STATE PRESERVES › Section 465C.8 - Powers and duties.

465C.8 Powers and duties.
The board shall have the following powers and duties:
1. To approve an area as a preserve.
2. To make and publish all rules necessary to carrying out the purposes of this chapter.
3. To recommend dedication as preserves, of areas owned by the state under the jurisdiction of the department.
4. To recommend acquisition of areas for dedication as preserves subject to approval by the natural resource commission.
5. To recommend dedication as preserves, areas owned by other public agencies, private groups, and individuals.
6. To make surveys and maintain registries and records of preserves and other areas of educational or scientific value and of habitats for rare and endangered species of plants and animals in the state.
7. To promote research and investigations, carry on interpretive programs and publish and disseminate information pertaining to preserves and related areas of educational or scientific value.
8. To promote the establishment and protection of, and advise in the management of, wild parks and other areas of educational or scientific value and otherwise foster and aid in the preservation of natural conditions elsewhere than in preserves.
9. To authorize payment of travel and other necessary expenses of the members of the board and advisors to the board, and salaries, wages, compensations, travel, supplies, and equipment necessary to carry out the duties of the board, and to authorize any other expenditures as may be necessary to carry into effect the purposes of this chapter.
10. To design and control the use of official state preserve signs and recommend to the state department of transportation locations for state preserve signs.
11. To submit to the governor and the legislature a report before January 15, 1967, and every two years thereafter which shall account for each preserve in the system and make such other reports and recommendations as it may deem necessary.
12. To prepare and recommend a budget, for inclusion as a line item money request in the departmental budget, for appropriation from the state general fund.
[C66, 71, 73, 75, 77, 79, 81, §111B.8]
86 Acts, ch 1245, §1872
C93, §465C.8
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465C - STATE PRESERVES › Section 465C.9 - Articles of dedication.

465C.9 Articles of dedication.
1. The public agency or private owner shall complete articles of dedication on forms approved by the board. When the articles of dedication have been approved by the governor, the board shall record them with the county recorder for the county or counties in which the area is located.
2. The articles of dedication may contain restrictions on development, sale, transfer, method of management, public access, and commercial or other use, and may contain such other provisions as may be necessary to further the purposes of this chapter. They may define the respective jurisdictions of the owner or operating agency and the board. They may provide procedures to be applied in case of violation of the dedication. They may recognize reversionary rights. They may vary in provisions from one preserve to another in accordance with differences in relative conditions.
[C66, 71, 73, 75, 77, 79, 81, §111B.9]
C93, §465C.9
2006 Acts, ch 1030, §49; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465C - STATE PRESERVES › Section 465C.10 - When dedicated as a preserve.

465C.10 When dedicated as a preserve.
An area shall become a preserve when it has been approved by the board for dedication as a preserve, whether in public or private ownership, formally dedicated as a preserve within the system by a public agency or private owner and designated by the governor as a preserve.
[C66, 71, 73, 75, 77, 79, 81, §111B.10]
C93, §465C.10
2006 Acts, ch 1030, §50
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465C - STATE PRESERVES › Section 465C.11 - Area held in trust.

465C.11 Area held in trust.
1. An area designated as a preserve within the system is hereby declared put to its highest, best, and most important use for public benefit. It shall be held in trust and shall not be alienated except to another public use upon a finding by the board of imperative and unavoidable public necessity and with the approval of the commission, the general assembly by concurrent resolution, and the governor. The board’s interest or interests in any area designated as a preserve shall not be taken under the condemnation statutes of this state without such a finding of imperative and unavoidable public necessity by the board, and with the consent of the commission, the general assembly by concurrent resolution, and the governor.
2. The board, with the approval of the governor, may enter into amendments to any articles of dedication upon its finding that such amendment will not permit an impairment, disturbance, or development of the area inconsistent with the purposes of this chapter.
3. Before the board shall make a finding of imperative and unavoidable public necessity, or shall enter into any amendment to articles of dedication, the board shall provide notice of such proposal and opportunity for any person to be heard. Such notice shall be published at least once in a newspaper with a general circulation in the county or counties wherein the area directly affected is situated, and mailed within ten days of such published notice to all persons who have requested notice of all such proposed actions. Each notice shall set forth the substance of the proposed action and describe, with or without legal description, the area affected, and shall set forth a place and time not less than sixty days thence for all persons desiring to be heard to have reasonable opportunity to be heard prior to the finding of the board.
[C66, 71, 73, 75, 77, 79, 81, §111B.11]
86 Acts, ch 1245, §1877
C93, §465C.11
2018 Acts, ch 1041, §97
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465C - STATE PRESERVES › Section 465C.12 - Agencies urged to dedicate preserves.

465C.12 Agencies urged to dedicate preserves.
All departments, agencies, and instrumentalities of the state, including counties, municipalities, public corporations, boards, commissions, and universities shall be urged to dedicate as nature preserves within the system under the procedures outlined in this chapter, suitable areas or portions of areas within their jurisdiction.
[C66, 71, 73, 75, 77, 79, 81, §111B.12]
C93, §465C.12
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465C - STATE PRESERVES › Section 465C.13 - Other purposes not affected.

465C.13 Other purposes not affected.
1. Nothing contained in this chapter shall be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, preserve, wildlife refuge, or other area or the proper management and development thereof except that any agency administering any area designated as a nature preserve under the system shall be responsible for preserving the natural character of the area in accordance with the articles of dedication.
2. Designation of an area as a preserve within the system shall not void or replace any protected status under law which the area would have were it not so designated.
[C66, 71, 73, 75, 77, 79, 81, §111B.13]
C93, §465C.13
2018 Acts, ch 1041, §127
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465C - STATE PRESERVES › Section 465C.14 - Confidentiality of ecologically sensitive sites and information.

465C.14 Confidentiality of ecologically sensitive sites and information.
The director of the department of natural resources and the state ecologist shall comply with the requirements of section 22.7, subsection 21, regarding information pertaining to the nature and location of ecologically sensitive resources or sites. The director of the department of natural resources, in consultation with the state ecologist, shall consult with other public officers serving as lawful custodians of ecologically sensitive information to determine whether the information should be confidential or be released.
86 Acts, ch 1228, §3
C87, §111B.14
C93, §465C.14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466 - IMPROVEMENT OF WATERSHED ATTRIBUTES › Section 466.2 - Legislative goal.

466.2 Legislative goal.
The goal of this chapter is to develop a comprehensive water quality program that will result in water quality improvements while reducing proposed regulatory impacts. The program shall use information, education, monitoring, technical assistance, data gathering and evaluation, incentives, and more efficient issuance of permits. The program is expected to have a menu of initiatives and approaches to appeal to a broad audience of participants and shall be coordinated so that individual initiatives work toward the objective of improved water quality. The departments of agriculture and land stewardship and natural resources shall work cooperatively with federal agencies to obtain waivers and changes in rules and procedures at national and state levels to improve the federal programs’ environmental and economic performance for Iowans. State agencies shall collaborate with other state agencies to attain the overall goal of improved water quality. The state department of transportation and the department of natural resources shall collaborate to provide for the preservation of topsoil, erosion control, water impoundment during highway construction and reconstruction, and restoration and management of roadside right-of-way for prairie restoration, wildlife habitat, and erosion control.
2000 Acts, ch 1068, §2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466 - IMPROVEMENT OF WATERSHED ATTRIBUTES › Section 466.3 - Iowa clean water award.

466.3 Iowa clean water award.
An Iowa clean water award is created. The governor and the general assembly shall give the award annually to a city or other political subdivision which has met criteria established by the department of natural resources and the department of agriculture and land stewardship identifying exemplary efforts to improve water quality within its jurisdiction.
2000 Acts, ch 1068, §3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466 - IMPROVEMENT OF WATERSHED ATTRIBUTES › Section 466.4 - Conservation buffer strip program.

466.4 Conservation buffer strip program.
1. As used in this section, “conservation buffer strip” means a riparian buffer, filter strip, waterway, contour buffer strip, shallow water area for wildlife, field border, or any vegetative barrier on private land that meets the criteria established by the United States department of agriculture, natural resources conservation service.
2. a. The department of agriculture and land stewardship, in consultation with the department of natural resources, shall establish a program to accelerate the United States department of agriculture’s program to install conservation buffer strips in this state.
b. The department of agriculture and land stewardship shall request waivers from the United States department of agriculture to initiate projects that reward landowners maintaining current conservation practices. The goal of the projects is to discourage the destruction of existing conservation buffer strips and to monetarily reward landowners who maintain quality conservation practices. If the waivers are granted, up to twenty-five percent of the program resources shall be committed to establishing projects.
c. The department of agriculture and land stewardship shall request a waiver from the United States department of agriculture for the purpose of establishing that a person who is subject to a twenty-five percent reduction in conservation buffer strip payments due to grazing shall be allowed ninety days to graze animals.
d. The department of natural resources shall establish a prairie seed harvest program to assist in the restoration of prairies and provide for private land stewardship and public resource management through assistance with the implementation of buffer and filter strip practices, and public or private habitat development and management. The department shall carry out these efforts through landowner contacts and cooperation with private and public organizations.
e. The five-year goal of the conservation buffer strip program shall be to meet the objective of water quality improvement by enrolling an additional four hundred seven thousand five hundred acres.
2000 Acts, ch 1068, §4
Referred to in §461.34
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466 - IMPROVEMENT OF WATERSHED ATTRIBUTES › Section 466.5 - Conservation reserve enhancement program.

466.5 Conservation reserve enhancement program.
1. A conservation reserve enhancement program is established within the department of agriculture and land stewardship to restore or construct wetlands for the purposes of intercepting tile line runoff, reducing nutrient loss, improving water quality, and enhancing agricultural production practices. The program shall be directed primarily, but not exclusively, toward the tile-drained areas of the state.
2. The department of agriculture and land stewardship shall request the assistance of and consult with the United States department of agriculture’s natural resources conservation service and farm service agency to implement the conservation reserve enhancement program. The department shall also consult with county boards of supervisors, county conservation boards, drainage district representatives, department of natural resources, and soil and water conservation districts affected by the implementation of the conservation reserve enhancement program. The department shall also collaborate with other public agencies and private organizations to develop wetland habitat and related projects to improve water quality.
3. The department of agriculture and land stewardship shall maintain a record of all wetlands established pursuant to the conservation reserve enhancement program including any conditions that may apply to the landowner’s right to remove the wetland after the provisions of the conservation reserve enhancement program contract or easement are concluded.
4. When establishing a wetland under this section, the department of agriculture and land stewardship shall be governed by the following requirements:
a. Wetland construction or restoration shall not damage the value of property in any public or private drainage system without the property owner’s consent.
b. Wetland construction or restoration shall improve water quality and provide aesthetic and habitat benefits.
c. Wetland construction or restoration under this section may be used to mitigate wetland removal by the landowner if it meets the requirements of federal agencies with wetland jurisdictional authorities. Where practicable, priority shall be given to mitigating wetland removal within the same United States geological survey hydrologic unit code 8 watershed, but a watershed confines shall not limit the use of duly authorized wetland mitigation banks.
5. The five-year goal of the conservation reserve enhancement program is the establishment of thirty-two thousand five hundred acres of wetlands.
2000 Acts, ch 1068, §5; 2000 Acts, ch 1232, §75; 2003 Acts, ch 108, §88
Referred to in §461.34
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466 - IMPROVEMENT OF WATERSHED ATTRIBUTES › Section 466.8 - On-site wastewater systems assistance program.

466.8 On-site wastewater systems assistance program.
1. The department of natural resources shall establish an on-site wastewater systems assistance program for the purpose of providing low-interest loans to homeowners for improving on-site wastewater disposal systems.
2. The environmental protection commission shall adopt rules for carrying out the program including but not limited to criteria for homeowner participation, the methods used to provide loans, and financing terms and limits.
3. The department may make and execute agreements with public or private entities, including lending institutions as defined in section 12.32, as required to administer the program.
4. Assistance provided to homeowners shall not be used to pay the nonfederal share of the cost of any wastewater system projects receiving grants under the federal Clean Water Act, 33 U.S.C. §1381 – 1387.
2001 Acts, ch 37, §2, 4; 2001 Acts, ch 176, §69, 70; 2013 Acts, ch 59, §4
Referred to in §466.9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466 - IMPROVEMENT OF WATERSHED ATTRIBUTES › Section 466.9 - On-site wastewater systems assistance fund.

466.9 On-site wastewater systems assistance fund.
1. An on-site wastewater systems assistance fund is established as a separate fund in the state treasury under the control of the department of natural resources. Moneys in the fund are appropriated to the department of natural resources for the exclusive purpose of supporting and administering the on-site wastewater systems assistance program as established in section 466.8.
2. The fund shall consist of all of the following:
a. Moneys appropriated to the department by the general assembly for deposit in the fund or to carry out the purposes of the on-site wastewater systems assistance program.
b. Moneys provided to the department by the federal government to carry out the purpose of administering the programs, policies, and undertakings authorized in the federal Clean Water Act, 33 U.S.C. §1381 – 1387.
c. Moneys collected by the department pursuant to loan agreements from homeowners receiving loans under the on-site wastewater systems assistance program.
d. Any other moneys obtained or accepted by the department for deposit in the fund.
3. a. The fund shall consist of the following accounts:
(1) The financing account which shall be used for the exclusive purpose of providing financing to homeowners for improving on-site wastewater systems under the on-site wastewater systems assistance program.
(2) The administration account which shall be used by the department to defray expenses associated with carrying out the on-site wastewater systems assistance program.
b. Of all moneys deposited into the fund each year, the department shall credit at least ninety-six percent of the moneys to the financing account and any remaining moneys to the administration account.
4. The moneys in the fund are not considered part of the general fund of the state, and in determining a general fund balance shall not be included in the general fund of the state. The moneys in the fund are not subject to section 8.33 and shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provided in this section. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund.
2001 Acts, ch 37, §3, 4; 2013 Acts, ch 59, §5; 2014 Acts, ch 1092, §101, 102
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.1 - Short title.

466B.1 Short title.
This chapter shall be known and may be cited as the “Surface Water Protection and Flood Mitigation Act”.
2008 Acts, ch 1034, §1; 2009 Acts, ch 146, §7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.2 - Definitions.

466B.2 Definitions.
For the purposes of this chapter, unless the context otherwise requires:
1. “Council” means the water resources coordinating council created in section 466B.3.
2. “Iowa nutrient reduction strategy” means the same as defined in section 455B.171.
3. “Political subdivision” means any of the following:
a. A city.
b. A county.
c. A soil and water conservation district described in section 161A.5.
d. A benefited recreational lake district or a water quality district or a combined district incorporated as a public entity and organized pursuant to chapter 357E.
e. A rural improvement zone established pursuant to chapter 357H.
4. “Regional watershed” means a watershed of hydrologic unit code scale 8.
5. “Subwatershed” means a watershed of hydrologic unit code scale 12 or smaller.
6. “Watershed” means a geographic area in which surface water is drained by rivers, streams, or other bodies of water.
2008 Acts, ch 1034, §2; 2013 Acts, ch 132, §57; 2016 Acts, ch 1020, §1; 2018 Acts, ch 1152, §9, 10; 2020 Acts, ch 1063, §250
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.4 - Legislative findings and marketing campaign.

466B.4 Legislative findings and marketing campaign.
1. Findings. The general assembly finds all of the following:
a. Most Iowans desire to have improved water quality throughout the state, but many Iowans do not understand the problems with local water quality.
b. Most Iowans believe that the protection of fish and wildlife benefits all Iowans.
c. The benefits of improving water quality could far outweigh the costs of implementing mechanisms to improve it.
d. Most Iowans look to some level of government for the protection of water resources rather than to themselves and their own actions. However, it is not possible or desirable for state government to take complete control and responsibility for water quality.
e. In addition to the use of Iowa land for agriculture and economic development, the land in watersheds and floodplains should be managed to reduce flooding, reduce flood damage, ameliorate the effects of drought, improve water quality, improve habitat and the natural environment, increase renewable energy production, and enhance recreational opportunities.
2. Marketing campaign. The water resources coordinating council shall develop a marketing campaign to educate Iowans about the need to take personal responsibility for the quality and quantity of water in their local watersheds. The emphasis of the campaign shall be that not only is everyone responsible for clean water, but that everyone benefits from it as well, and that everyone is responsible for and benefits from reducing the risk for flooding and mitigating possible future flood damage. The goals of the campaign shall be to convince Iowans to take personal responsibility for clean water and reducing the risk of flooding and to equip them with the tools necessary to effect change through local water quality improvement projects and better floodplain management and flood risk programs.
3. Contingent on funding. The duties imposed in subsection 2 are contingent upon the receipt of funding sufficient to cover the costs associated with the marketing campaign.
2008 Acts, ch 1034, §4; 2009 Acts, ch 146, §13; 2010 Acts, ch 1193, §127
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.5 - Regional watershed assessment, planning, and prioritization.

466B.5 Regional watershed assessment, planning, and prioritization.
1. Regional watershed assessment program. The department of natural resources shall create a regional watershed assessment program. The program shall assess all the regional watersheds in the state.
a. The statewide assessment shall be conducted at the rate of approximately one-fifth of the watersheds per year, and an initial full assessment shall be completed within five years. Thereafter, the department of natural resources shall review and update the assessments on a regular basis.
b. Each regional watershed assessment shall provide a summary of the overall condition of the watershed. The information provided in the summary may include land use patterns, soil types, slopes, management practices, stream conditions, and both point and nonpoint source impairments.
c. In conducting a regional watershed assessment, the department of natural resources may provide opportunities for local data collection and input into the assessment process.
2. Planning and prioritization. In conducting the regional watershed assessment program, the department of natural resources shall provide hydrological and geological information sufficient for the water resources coordinating council to prioritize watersheds statewide and for the various communities in those watersheds to plan remedial efforts in their local communities and subwatersheds.
3. Report to council. Upon completion of the statewide assessment, and upon updating the assessments, the department of natural resources shall report the results of the assessment to the council and the general assembly, and shall make the report publicly available.
2008 Acts, ch 1034, §5; 2011 Acts, ch 119, §6
Referred to in §466B.3, 466B.9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.6 - Community-based subwatershed improvement plans.

466B.6 Community-based subwatershed improvement plans.
1. Facilitation of community-based subwatershed plans. After the department of natural resources’ completion of the initial regional watershed assessment, and after the council’s prioritization of the regional watersheds, the council shall designate one or more of the agencies represented on the council to facilitate the development and implementation of local, community-based subwatershed improvement plans.
2. Assessment, planning, prioritization, and implementation. In facilitating the development of community-based subwatershed improvement plans, the agency or agencies designated by the council shall, based on the results of the regional watershed assessment program, identify critical subwatersheds within priority regional watersheds and recruit communities, citizen groups, local governmental entities, or other stakeholders to engage in the assessment, planning, prioritization, and implementation of a local community-based subwatershed improvement plan. The agency or agencies designated by the council may assist in the formation of a group of initial local community-based subwatershed improvement plans that can be implemented as pilot projects, in order to develop an effective process that can be replicated across the state.
2008 Acts, ch 1034, §6; 2011 Acts, ch 119, §7
Referred to in §466B.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.7 - Community-based subwatershed monitoring.

466B.7 Community-based subwatershed monitoring.
1. Monitoring assistance. After completion of the statewide regional watershed assessment and prioritization, and throughout the implementation of local community-based subwatershed improvement plans, the department of natural resources shall assist communities with the monitoring and measurement of local subwatersheds. The monitoring and measurement shall be designed for the particular needs of individual communities.
2. Data collection and use. Local communities in which the department of natural resources conducts subwatershed monitoring shall use the information to support subwatershed planning activities, do local data collection, and identify priority areas needing additional resources. Local communities shall also collect data over time and use the data to evaluate the impacts of their management efforts.
2008 Acts, ch 1034, §7; 2011 Acts, ch 119, §8
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.8 - Wastewater and storm water infrastructure assessment.

466B.8 Wastewater and storm water infrastructure assessment.
The department of natural resources shall assess and prioritize communities within a watershed presenting the greatest level of risk to water quality and the health of residents. This prioritization shall include both sewered and unsewered communities.
2008 Acts, ch 1034, §8; 2011 Acts, ch 119, §9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.9 - Rulemaking authority.

466B.9 Rulemaking authority.
The department of natural resources and the department of agriculture and land stewardship shall have the power and authority reasonably necessary to carry out the duties imposed by this chapter. As to the department of natural resources, this includes rulemaking authority to carry out the regional watershed assessment program described in section 466B.5. As to the department of agriculture and land stewardship, this includes rulemaking authority to assist in the implementation of community-based subwatershed improvement plans.
2008 Acts, ch 1034, §9; 2011 Acts, ch 119, §10
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.10 - Floodplain managers.

466B.10 Floodplain managers.
The council shall encourage and support the formation of a chapter of the association of state floodplain managers in Iowa that would provide a vehicle for local floodplain managers and floodplain planners to further pursue professional educational opportunities.
2010 Acts, ch 1193, §128
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.11 - Flood education.

466B.11 Flood education.
The Iowa state university agricultural extension service, the council, and agency members of the council shall, to the extent feasible, work with floodplain and hydrology experts to educate the general public about floodplains, flood risks, and basic floodplain management principles. This educational effort shall include developing educational materials and programs in consultation with floodplain experts.
2010 Acts, ch 1193, §129
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.21 - Definitions.

466B.21 Definitions.
As used in this subchapter, unless the context otherwise requires:
1. “Authority” means a watershed management authority created pursuant to a chapter 28E agreement as provided in this subchapter.
2. “Board” means a board of directors of a watershed management authority.
2010 Acts, ch 1116, §3; 2013 Acts, ch 132, §58
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.22 - Watershed management authorities created.

466B.22 Watershed management authorities created.
1. Two or more political subdivisions may create, by chapter 28E agreement, a watershed management authority pursuant to this subchapter. The participating political subdivisions must be located in the same United States geological survey hydrologic unit code 8 watershed. All political subdivisions within a watershed must be notified within thirty days prior to organization of any watershed management authority within the watershed, and provided the opportunity to participate.
2. The chapter 28E agreement shall include a map showing the area and boundaries of the authority.
3. A political subdivision may participate in more than one authority created pursuant to this subchapter.
4. A political subdivision is not required to participate in a watershed management authority or be a party to a chapter 28E agreement under this subchapter.
5. If a portion of a United States geological survey hydrologic unit code 8 watershed is located outside of this state, any political subdivision in such a watershed may participate in any watershed management authority which includes the county in which the political subdivision is located.
2010 Acts, ch 1116, §4; 2019 Acts, ch 89, §42
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.23 - Duties.

466B.23 Duties.
A watershed management authority may perform all of the following duties:
1. Assess the flood risks in the watershed.
2. Assess the water quality in the watershed.
3. Assess options for reducing flood risk and improving water quality in the watershed.
4. Monitor federal flood risk planning and activities.
5. Educate residents of the watershed area regarding water quality and flood risks.
6. Allocate moneys made available to the authority for purposes of water quality and flood mitigation.
7. Make and enter into contracts and agreements and execute all instruments necessary or incidental to the performance of the duties of the authority. A watershed management authority shall not acquire property by eminent domain.
2010 Acts, ch 1116, §5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.24 - Board of directors.

466B.24 Board of directors.
1. An authority shall be governed by a board of directors. Members of a board of directors of an authority shall be divided among the political subdivisions comprising the authority and shall be appointed by the respective political subdivision’s elected legislative body.
2. A board of directors shall consist of one representative of each participating political subdivision. This subsection shall not apply if a chapter 28E agreement under this subchapter provides an alternative board composition method.
3. The directors shall serve staggered terms of four years. The initial board shall determine, by lot, the initial terms to be shortened and lengthened, as necessary, to achieve staggered terms. A person appointed to fill a vacancy shall be appointed in the same manner as the original appointment for the duration of the unexpired term. A director is eligible for reappointment. This subsection shall not apply if a chapter 28E agreement under this subchapter provides an alternative for the length of term, appointment, and reappointment of directors.
4. A board may provide procedures for the removal of a director who fails to attend three consecutive regular meetings of the board. If a director is so removed, a successor shall be appointed for the duration of the unexpired term of the removed director in the same manner as the original appointment. The appointing body may at any time remove a director appointed by it for misfeasance, nonfeasance, or malfeasance in office.
5. A board shall adopt bylaws and shall elect one director as chairperson and one director as vice chairperson, each for a term of two years, and shall appoint a secretary who need not be a director.
6. A majority of the membership of a board of directors shall constitute a quorum for the purpose of holding a meeting of the board. The affirmative vote of a majority of a quorum shall be necessary for any action taken by an authority unless the authority’s bylaws specify those particular actions of the authority requiring a greater number of affirmative votes. A vacancy in the membership of the board shall not impair the rights of a quorum to exercise all the rights and perform all the duties of the authority.
2010 Acts, ch 1116, §6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.25 - Activities coordination.

466B.25 Activities coordination.
In all activities of a watershed management authority, the authority may coordinate its activities with the department of natural resources, the department of agriculture and land stewardship, councils of governments, public drinking water utilities, and soil and water conservation districts.
2010 Acts, ch 1116, §7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.41 - Definitions.

466B.41 Definitions.
As used in this subchapter, unless the context otherwise requires:
1. “Center” means the Iowa nutrient research center established pursuant to section 466B.47.
2. “Council” means the Iowa nutrient research center advisory council established pursuant to section 466B.48.
3. “Division” means the division of soil conservation and water quality created within the department of agriculture and land stewardship pursuant to section 159.5.
4. “Fund” means the water quality initiative fund created in section 466B.45.
5. “Nutrient” includes nitrogen and phosphorus.
2013 Acts, ch 132, §59; 2015 Acts, ch 103, §53
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.42 - Water quality initiative.

466B.42 Water quality initiative.
The division shall establish a water quality initiative in order to assess and reduce nutrients in this state’s watersheds, including subwatersheds and regional watersheds, and for implementing its responsibilities under the Iowa nutrient reduction strategy. The division shall establish and administer projects to reduce nutrients in surface waters from nonpoint sources in a scientific, reasonable, and cost-effective manner. The division shall utilize a pragmatic, strategic, and coordinated approach with the goal of accomplishing reductions over time. To evaluate the progress achieved over time toward the goals of the Iowa nutrient reduction strategy and the United States environmental protection agency gulf hypoxia action plan, the baseline condition shall be calculated for the time period from 1980 to 1996.
2013 Acts, ch 132, §60; 2018 Acts, ch 1001, §22; 2018 Acts, ch 1152, §12
Referred to in §466B.43, 466B.44
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.44 - Water quality urban infrastructure program.

466B.44 Water quality urban infrastructure program.
1. As part of the water quality initiative established pursuant to section 466B.42, the division shall administer a water quality urban infrastructure program.
2. The purpose of the program is to support watershed projects and advance implementation of the Iowa nutrient reduction strategy, which program support may include demonstration projects that decrease erosion, precipitation-induced surface runoff, and storm water discharges and that increase water infiltration rates. The program’s projects shall be based on Iowa’s storm water management manual published by the department of natural resources.
3. The program shall be financed on a cost-share basis or through cooperative agreements with watershed projects funded through section 455B.199 whose project activities fall outside the territorial boundaries of a city.
4. Any state moneys used to finance a project under a water quality urban infrastructure program shall be administered according to an agreement entered into by the division and the owner of the land where the infrastructure is to be installed. The agreement shall include standard terms and conditions for the receipt of program moneys and any other terms and conditions the division deems necessary or convenient for the efficient administration of the project or program. The division may support multiple installations of infrastructure on a single parcel of land. The division may annually use an amount of not more than four percent of the moneys used to support the program for administrative purposes.
5. Notwithstanding any other provision in this section to the contrary, beginning on July 1, 2018, the division may use any amount available to support the water quality urban infrastructure program to instead extend and support the three-year data collection of in-field agricultural practices project as enacted in
2015 Iowa Acts, ch. 132, §18
.
6. Notwithstanding any other provision of this section to the contrary, the division may use any amount available to support the water quality urban infrastructure program to develop and maintain an online resource displaying measurable indicators of desirable change in water quality within the state’s watersheds. These measurable indicators may include but are not limited to public and private funding inputs, involvement in water quality projects, and improvements, land use, practice adoption, calculated load reduction, and measured loads at existing monitoring stations.
7. By October 1, 2019, and by October 1 of each year thereafter, the division shall submit a report to the governor and the general assembly itemizing expenditures under the program, if any, during the previous fiscal year.
8. Any information obtained by the division identifying a person holding a legal interest in land or specific land shall be a confidential record under section 22.7.
2018 Acts, ch 1001, §24; 2018 Acts, ch 1152, §15
Referred to in §16.134A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.45 - Water quality initiative fund.

466B.45 Water quality initiative fund.
1. A water quality initiative fund is created in the state treasury under the management and control of the division.
2. The fund shall include moneys appropriated by the general assembly. The fund may include other moneys available to and obtained or accepted by the division, including moneys from public or private sources.
3. Moneys in the fund are appropriated to the division and shall be used exclusively to carry out the provisions of this subchapter as determined by the division, and shall not require further special authorization by the general assembly.
4. a. Notwithstanding section 12C.7, interest or earnings on moneys in the fund shall be credited to the fund.
b. Notwithstanding section 8.33, moneys appropriated or otherwise credited to the fund for a fiscal year shall not revert to the fund from which appropriated at the close of the fiscal year for which the appropriation was made but shall remain available for expenditure for the purposes designated until the close of the fiscal year that begins three years from the beginning date of the fiscal year for which the appropriation was made.
2013 Acts, ch 132, §61
Referred to in §466B.41
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.46 - Iowa nutrient research fund — creation and purpose.

466B.46 Iowa nutrient research fund — creation and purpose.
1. An Iowa nutrient research fund is created in the state treasury under the management and control of the center.
2. The fund shall include all of the following:
a. Moneys appropriated by the general assembly.
b. Moneys appropriated from the agriculture management account of the groundwater protection fund pursuant to section 455E.11, subsection 2, paragraph “b”, subparagraph (2), subparagraph division (a).
c. Moneys assessed and collected by or on behalf of the department of natural resources to be credited to the fund as provided in sections 455B.109, 459.602, 459.603, 459.604, 459A.502, and 459B.402.
d. Moneys accepted by the center from public or private sources.
3. Moneys in the fund are appropriated to the center and shall be used exclusively by the center to carry out its purpose as described in section 466B.47.
4. a. Notwithstanding section 12C.7, interest or earnings on moneys in the fund shall be credited to the fund.
b. The moneys credited to the fund are not subject to section 8.33 and shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provided in this section.
2016 Acts, ch 1134, §33, 34; 2017 Acts, ch 168, §32
Referred to in §455B.109, 455E.11, 459.602, 459.603, 459.604, 459A.502, 459B.402
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.47 - Iowa nutrient research center — establishment and purpose.

466B.47 Iowa nutrient research center — establishment and purpose.
1. The state board of regents shall establish and maintain in Ames as part of Iowa state university of science and technology an Iowa nutrient research center.
2. The purpose of the center shall be to pursue a science-based approach to nutrient management research that may include but is not limited to evaluating the performance of current and emerging nutrient management practices, and using an adaptive management framework for providing recommendations for the implementation of nutrient management practices and the development of new nutrient management practices.
3. The center shall be administered by a director who shall be appointed by the dean of the college of agriculture and life sciences of Iowa state university of science and technology.
4. The center shall facilitate collaboration among appropriate institutions of higher education governed by the state board of regents, including but not limited to institutes, departments, and centers.
5. Any information collected or received by the center that identifies a person holding a legal interest in agricultural land or specific agricultural land shall be a confidential record under section 22.7.
2013 Acts, ch 132, §62
Referred to in §466B.41, 466B.46, 466B.48
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 466B - SURFACE WATER PROTECTION, FLOOD MITIGATION, AND WATERSHED MANAGEMENT › Section 466B.48 - Iowa nutrient research center advisory council — establishment and purpose.

466B.48 Iowa nutrient research center advisory council — establishment and purpose.
1. The state board of regents shall establish and maintain in Ames as part of Iowa state university of science and technology an Iowa nutrient research center advisory council.
2. The council shall consist of the following members:
a. The dean of the college of agriculture and life sciences of Iowa state university of science and technology, or the dean’s designee.
b. The director of the Iowa state university of science and technology extension service, or the director’s designee.
c. A representative of the IIHR — hydroscience and engineering within the college of engineering of the university of Iowa who shall be appointed by the president of the university.
d. A person knowledgeable in an area related to nutrient research who shall be appointed by the president of the university of northern Iowa.
e. A person knowledgeable in an area related to nutrient research who shall be appointed by the state association of private colleges and universities.
f. The secretary of agriculture or the secretary’s designee.
g. The director of the division or the director’s designee.
h. The director of the department of natural resources, or the director’s designee.
3. a. An appointed or designated member of the council shall serve at the pleasure of the person making the appointment or designation.
b. A majority of the members of the council as provided in subsection 2 constitutes a quorum. Any action taken by the council must be adopted by the affirmative vote of a majority of its members present, except that a lesser number may adjourn a meeting. The majority shall not include any member who has a conflict of interest and a statement by a member of a conflict of interest shall be conclusive for this purpose.
c. The council shall elect a chairperson and any other officers from the membership of the council as the council determines necessary. An officer shall serve for a term required by rules adopted by the council. A vacancy in the membership does not impair the right of a quorum to exercise all rights and perform all duties of the council.
d. The council shall adopt rules that it determines are necessary for the conduct of business.
e. Only the member appointed by the state association of private colleges and universities is eligible for reimbursement of actual expenses as provided in section 7E.6. However, no member is eligible for a payment of a per diem.
4. The council shall function on a continuing basis for the study and recommendation of solutions for consideration by the Iowa nutrient research center in carrying out its purpose as provided in section 466B.47.
2013 Acts, ch 132, §63; 2015 Acts, ch 103, §54
Referred to in §466B.41