reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.9 - Review of plats within two miles of a city.

354.9 Review of plats within two miles of a city.
1. If a city, which has adopted ordinances regulating the division of land, desires to review subdivision plats or plats of survey for divisions or subdivisions outside the city’s boundaries, then the city shall establish by ordinance specifically referring to the authority of this section, the area subject to the city’s review and approval. The area of review may be identified by individual tracts, by describing the boundaries of the area, or by including all land within a certain distance of the city’s boundaries, which shall not extend more than two miles distance from the city’s boundaries. The ordinance establishing the area of review or modifying the area of review by a city, shall be recorded in the office of the recorder and filed with the county auditor.
2. If a subdivision lies in a county, which has adopted ordinances regulating the division of land, and also lies within the area of review established by a city pursuant to this section, then the subdivision plat or plat of survey for the division or subdivision shall be submitted to both the city and county for approval. The standards and conditions applied by a city or county for review and approval of the subdivision shall be the same standards and conditions used for review and approval of subdivisions within the city limits or shall be the standards and conditions for review and approval established by agreement of the city and county pursuant to chapter 28E. Either the city or county may, by resolution, waive its right to review the subdivision or waive the requirements of any of its standards or conditions for approval of subdivisions, and certify the resolution which shall be recorded with the plat.
3. If cities establish overlapping areas of review outside their boundaries, then the cities shall establish by agreement pursuant to chapter 28E reasonable standards and conditions for review of subdivisions within the overlapping area. If no agreement is recorded pursuant to chapter 28E, then the city which is closest to the boundary of the subdivision shall have authority to review the subdivision.
4. For purposes of this section, “subdivision” also includes a declaration for the establishment of a horizontal property regime under chapter 499B. A declaration of a horizontal property regime that is proposed to be located within the area of review established by a city pursuant to this section shall be subject to review and approval in the same manner as a subdivision.
90 Acts, ch 1236, §23
C91, §409A.9
C93, §354.9
2002 Acts, ch 1132, §3, 11; 2010 Acts, ch 1051, §1; 2013 Acts, ch 30, §79
Referred to in §354.8, 499B.3
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.10 - Appeal of review or disapproval.

354.10 Appeal of review or disapproval.
1. When application is made to a governing body for approval of a subdivision plat, the applicant or a second governing body, which also has jurisdiction for review, may be aggrieved by any of the following:
a. The requirements imposed by a governing body as a condition of approval.
b. The governing body exceeding the time for review established by ordinance.
c. The denial of the application.
d. Failure of the governing body to approve or reject a subdivision plat within sixty days from the date of application for final approval.
2. If the plat is disapproved by the governing body, such disapproval shall state how the proposed plat is objectionable. The applicant has the right to appeal, within twenty days, the failure of the governing body to issue final approval of the plat as provided in this section.
3. The applicant or the aggrieved governing body has the right to appeal to the district court within twenty days after the date of the denial of the application or the date of the receipt by the applicant of the requirements for approval of the subdivision. Notice of appeal shall be served on the governing body in the manner provided for the service of original notice pursuant to the rules of civil procedure. The appeal shall be tried de novo as an equitable proceeding and accorded a preference in assignment so as to assure its prompt disposition.
90 Acts, ch 1236, §24
C91, §409A.10
C93, §354.10
2010 Acts, ch 1061, §180
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.12 - Bonds to secure liens.

354.12 Bonds to secure liens.
1. A bond in double the amount of the lien shall be secured and recorded if a lien exists on the land included in a subdivision plat and the required consent of the lienholder is not attached for one of the following reasons:
a. The lienholder cannot be found, in which case an affidavit by the proprietor stating that the lienholder could not be found shall be recorded with the bond.
b. The lienholder will not accept payment or cannot, because of the nature of the lien, accept payment in full of the lien, in which case an affidavit by the lienholder stating that payment of the lien was offered but refused shall be recorded with the bond.
2. The bond shall run to the county and be for the benefit of purchasers of lots within the plat and shall be conditioned for the payment and cancellation of the debt as soon as practicable and to hold harmless purchasers or their assigns and the governing body from the lien.
90 Acts, ch 1236, §26
C91, §409A.12
C93, §354.12
2010 Acts, ch 1061, §180
Referred to in §354.11
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.13 - Auditor’s plats and plats of survey.

354.13 Auditor’s plats and plats of survey.
If a tract is divided or subdivided in violation of section 354.4 or 354.6 or the descriptions of one or more parcels within a tract are not sufficiently certain and accurate for the purpose of assessment and taxation under the guidelines of section 354.3, the auditor shall notify the proprietors of the parcels within the tract for which no plat has been recorded as required by this chapter, and demand that a plat of survey or a subdivision plat be recorded as required by this chapter. Notice shall be served by mail and a certified copy of the notice shall be recorded. The auditor shall mail a copy of the notice to the applicable governing bodies. If the proprietors fail, within thirty days of the notice, to comply with the notice or file with the auditor a statement of intent to comply, the auditor shall contract with a surveyor to have a survey made of the property and have a plat of survey or an auditor’s plat recorded as necessary to comply with this chapter. Upon receipt of a statement of intent to comply, the auditor may extend the time period for compliance.
90 Acts, ch 1236, §27
C91, §409A.13
C93, §354.13
Referred to in §306.42, 331.511, 354.3, 354.15, 354.16, 354.17
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.14 - Appeal of notice.

354.14 Appeal of notice.
A proprietor aggrieved by a notice to plat by the auditor may appeal to the district court within twenty days after service of notice. Upon appeal, the auditor shall take no further action pending a decision of the district court. The appeal shall be tried de novo as an equitable proceeding.
90 Acts, ch 1236, §28
C91, §409A.14
C93, §354.14
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.15 - Review of auditor’s plats.

354.15 Review of auditor’s plats.
A proposed auditor’s plat shall be filed with the applicable governing body which shall review the plat within the time specified by ordinance, and if it conforms to chapter 355, the governing body shall by resolution approve the plat and certify the resolution to be recorded with the plat. The governing body may state in the resolution whether the lots within the auditor’s plat meet the standards and conditions established by ordinance for subdivision lots. The lots within a recorded auditor’s plat and parcels within a recorded plat of survey prepared under section 354.13 are individually subject to local regulations and ordinances. Approval of an auditor’s plat shall not impose any liability on a governing body to install or maintain public improvements or utilities within the plat. Approval of an auditor’s plat by a governing body shall not constitute a waiver of ordinances requiring a subdivision plat.
90 Acts, ch 1236, §29
C91, §409A.15
C93, §354.15
Referred to in §306.42
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.16 - Attachments to auditor’s plats and plats of survey.

354.16 Attachments to auditor’s plats and plats of survey.
1. A plat of survey prepared pursuant to section 354.13 shall be accompanied by a certificate of the auditor that the plat of survey was prepared at the direction of the auditor because the proprietors failed to file a plat.
2. An auditor’s plat shall conform to section 354.6, but is exempt from section 354.11. An auditor’s plat presented to the recorder for recording shall be accompanied by the following documents:
a. A certificate of the auditor that the auditor’s plat was prepared at the direction of the auditor because the proprietors failed to file a plat, that the plat was prepared for assessment and taxation purposes, and that the recording of the plat does not constitute a dedication or impose any liability upon the state or governmental agency.
b. A certified resolution by the governing body, approving the plat or waiving the right to review.
c. A list for each lot within the plat of the proprietor’s names, the area, expressed in acreage or square feet, the document reference number of the recorded conveyance to the proprietors, and the permanent real estate index number, where established.
d. A certificate of the auditor that no search was made at the time of the recording of the plat to determine the existence of any liens, mortgages, delinquent taxes, or special assessments, that no search was made, other than the records of the auditor’s office, to establish title to the property within the plat, and that the lots within the plat are subject individually to the regulations and ordinances of the applicable governing body.
90 Acts, ch 1236, §30
C91, §409A.16
C93, §354.16
2002 Acts, ch 1113, §6
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.17 - Costs and collection of costs.

354.17 Costs and collection of costs.
The surveyor shall present to the auditor a statement of the total cost of the surveying, platting, and recording of a plat prepared pursuant to section 354.13. The surveyor shall also present a statement of the part of the total cost to be assessed to each parcel included in the plat based on the time involved in establishing the boundaries of each parcel. The auditor shall certify to the treasurer an assessment for the platting costs against the lots within the plat which shall be collected in the same manner as general taxes, except that the board of supervisors, by resolution, may establish not more than ten equal annual installments and provide for interest on unpaid installments at a rate not to exceed that permitted by chapter 74A.
90 Acts, ch 1236, §31
C91, §409A.17
C93, §354.17
Referred to in §354.25
Collection of taxes, see chapter 445
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.18 - Recording of plats.

354.18 Recording of plats.
1. A plat of survey prepared pursuant to this chapter and a subdivision plat, with attachments, shall be recorded in the office of the county recorder, and an exact copy of the plat shall be filed in the offices of the county auditor and assessor. A replat of any part of an official plat pursuant to section 354.25, or a recorded subdivision plat of any part of an existing official plat shall supersede that part of the original official plat, including unused public utility easements.
2. The recorder shall examine each plat of survey and subdivision plat to determine whether the plat is clearly legible and whether the approval by the applicable governing body and the other attachments required by this chapter are presented with the plat. The recorder shall also keep a reproducible copy of the plat from which legible copies can be made. The recorder may specify the material and the size of the plat, not less than eight and one-half inches by eleven inches, that will be accepted for recording in order to comply with this section. The recorder shall not record a subdivision plat that violates this chapter.
90 Acts, ch 1236, §32
C91, §409A.18
C93, §354.18
Referred to in §331.511
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.19 - Dedication of land.

354.19 Dedication of land.
1. An official plat which conforms to this chapter and has attached to the plat a dedication by the proprietors to the public and approval of the dedication by the governing body is equivalent to a deed in fee simple from the proprietors to the public of any land within the plat that is dedicated for street, alley, walkway, park, open area, school property, or other public use. An approved dedication of land for street purposes by the proprietors establishes an easement for public access, whether or not a deed has been recorded or the improvement of the street is complete, except when the resolution approving the plat specifically sets aside portions of the dedicated land as not being open for public access at the time of recording for public safety reasons. The recording of a subdivision plat shall dedicate to the public any utility, sewer, drainage, access, walkway, or other public easement shown on the plat.
2. The recording of an auditor’s plat shall not serve to dedicate streets, alleys, parks, open areas, school property, public improvements, or utilities. The failure to show the existence of an easement or any public interest on the auditor’s plat shall not remove or otherwise affect the interest.
90 Acts, ch 1236, §33
C91, §409A.19
C93, §354.19
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.20 - Action to annul plats.

354.20 Action to annul plats.
If a plat is filed and recorded in violation of this chapter, a governing body or a proprietor aggrieved by the violation, after filing written notice with the proprietors who joined in the acknowledgment of the plat or their successors in interest, may institute a suit in equity in the district court. The court may order the plat annulled except as provided in section 354.21.
90 Acts, ch 1236, §34
C91, §409A.20
C93, §354.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.21 - Limitation of actions on official plats.

354.21 Limitation of actions on official plats.
An action shall not be maintained, at law or in equity, in any court, against a proprietor, based upon an omission of data shown on an official plat or upon an omission, error, or inconsistency in any of the documents required by this chapter unless the action is commenced within ten years after the date of recording of the official plat. Limitation of actions based on claims other than those provided for in this section shall be consistent with chapter 614.
90 Acts, ch 1236, §35
C91, §409A.21
C93, §354.21
Referred to in §354.20
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.22 - Vacation of official plats.

354.22 Vacation of official plats.
1. The proprietors of lots within an official plat who wish to vacate any portion of the official plat shall file a petition for vacation with the governing body which would have jurisdiction to approve the plat at the time the petition is filed. After the petition has been filed, the governing body shall fix the time and place for public hearing on the petition. Written notice of the proposed vacation shall be served in the manner of original notices as provided in Iowa rules of civil procedure and be served upon proprietors and mortgagees within the official plat that are within three hundred feet of the area to be vacated. If a portion of the official plat adjoins a river or state-owned lake, the Iowa department of natural resources shall be served written notice of the proposed vacation. Notice of the proposed vacation shall be published twice, with fourteen days between publications, stating the date, time, and place of the hearing.
2. The official plat or portion of the official plat shall be vacated upon recording of all of the following documents:
a. An instrument signed, executed, and acknowledged by all the proprietors and mortgagees within the area of the official plat to be vacated, declaring the plat to be vacated. The instrument shall state the existing lot description for each proprietor along with an accurate description to be used to describe the land after the lots are vacated.
b. A resolution by the governing body approving the vacation and providing for the conveyance of those areas included in the vacation which were previously set aside or dedicated for public use.
c. A certificate of the auditor that the vacated part of the plat can be adequately described for assessment and taxation purposes without reference to the vacated lots.
3. No part of this section authorizes the closing or obstructing of public highways.
4. The vacation of a portion of an official plat shall not remove or otherwise affect a recorded restrictive covenant, protective covenant, building restriction, or use restriction. Recorded restrictions on the use of property within an official plat shall be modified or revoked by recording a consent to the modification or removal, signed and acknowledged by the proprietors and mortgagees within the official plat.
90 Acts, ch 1236, §36
C91, §409A.22
92 Acts, ch 1055, §1
C93, §354.22
2010 Acts, ch 1061, §180
Referred to in §354.23
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.23 - Vacation of streets or other public lands.

354.23 Vacation of streets or other public lands.
1. A city or a county may vacate part of an official plat that had been conveyed to the city or county or dedicated to the public which is deemed by the governing body to be of no benefit to the public.
2. The city or county shall vacate by resolution following a public hearing or by ordinance and the vacating instrument shall be recorded. The city or county may convey the vacated property by deed or may convey the property to adjoining proprietors through the vacation instrument. If the vacating instrument is used to convey property then the instrument shall include a list of adjoining proprietors to whom the vacated property is being conveyed along with the corresponding description of each parcel being conveyed. A recorded vacation instrument which conforms to this section is equivalent to a deed of conveyance and the instrument shall be filed and indexed as a conveyance by the recorder and auditor.
3. A vacation instrument recorded pursuant to this section shall not operate to annul any part of an official plat except as provided for in section 354.22.
90 Acts, ch 1236, §37
C91, §409A.23
C93, §354.23
2017 Acts, ch 54, §76
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.24 - Errors on recorded plats.

354.24 Errors on recorded plats.
If an error or omission in the data shown on a recorded plat is detected by subsequent examinations or revealed by retracing the lines shown on the plat, the original surveyor or two surveyors confirming the error through independent surveys shall record an affidavit confirming that the error or omission was made. The affidavit shall describe the nature and extent of the error or omission and also describe the corrections or additions to be made to the plat and note a document reference number of the recorded plat. The recorder shall note on the record of the plat the word “corrected”, and note the document reference number of the recorded affidavit. A copy of the recorded affidavit shall be filed with the auditor and assessor. The affidavit shall raise a presumption from the date of recording that the purported facts stated in the affidavit are true, and after the lapse of three years from the date of recording the presumption shall be conclusive.
90 Acts, ch 1236, §38
C91, §409A.24
C93, §354.24
2001 Acts, ch 44, §15
Referred to in §331.511
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.25 - Survey and replat of official plats.

354.25 Survey and replat of official plats.
1. A survey of an official plat shall conform as nearly as possible to the original lot lines shown on the official plat. The surveyor may summon witnesses, administer oaths, and prepare affidavits and boundary line agreements as necessary in order to establish the location of property lines or lot lines. If a substantial error is discovered in an official plat or if it is found to be materially defective, a proprietor may petition the governing body which would have jurisdiction to approve the plat at the time the petition is filed for a replat of any part of the official plat. Notice of the proposed replat shall be served, in the manner of original notice as provided in Iowa rules of civil procedure, to the proprietors of record and holders of easements specifically recorded within the area to be replatted. The governing body has jurisdiction of the matter upon proof of publication of notice of the petition once each week for two weeks in a newspaper of general circulation within the area of the replat.
2. All of the following shall apply to a replat of an official plat ordered by the governing body:
a. The replat shall be prepared by a surveyor pursuant to chapter 355 and recorded.
b. The replat shall be exempt from the provisions of section 354.11.
c. The replat shall have attached to the plat a statement by the surveyor that the replat is prepared at the direction of the governing body.
3. The costs of the replat shall be presented to the auditor and assessed against the property included in the replat as provided for in section 354.17.
90 Acts, ch 1236, §39
C91, §409A.25
C93, §354.25
2010 Acts, ch 1069, §121
Referred to in §331.511, 354.18
Manner of service,
R.C.P. 1.302 – 1.315
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.26 - Corrections or changes to plats.

354.26 Corrections or changes to plats.
A vacation, correction, or replatting as provided for in this chapter shall be recorded and an exact copy shall be filed with the auditor and assessor. If a governing body changes the addresses or street names shown on an official plat, notice of the change shall note the name or other designation of each official plat affected and shall be filed with the recorder, auditor, and assessor. The recorder shall note the vacation, correction, or replatting on the index and record of the official plat or upon an attachment to the official plat for that purpose. The auditor shall make the proper changes on the plats required to be kept by the auditor.
90 Acts, ch 1236, §40
C91, §409A.26
C93, §354.26
2001 Acts, ch 44, §16
Referred to in §331.511, 592.7
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 354 - PLATTING — DIVISION AND SUBDIVISION OF LAND › Section 354.27 - Noting the permanent real estate index number.

354.27 Noting the permanent real estate index number.
When a permanent real estate index number system is established by a county pursuant to section 441.29, the auditor shall note the permanent real estate index number on every conveyance.
90 Acts, ch 1236, §41
C91, §409A.27
C93, §354.27
2005 Acts, ch 19, §49
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 355 - STANDARDS FOR LAND SURVEYING › Section 355.2 - Applicability.

355.2 Applicability.
This chapter applies to all agencies of the United States government, this state, or a political subdivision of this state and to all persons engaged in the practice of land surveying.
90 Acts, ch 1236, §2
C91, §114A.2
C93, §355.2
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 355 - STANDARDS FOR LAND SURVEYING › Section 355.3 - Rules.

355.3 Rules.
Pursuant to chapter 542B, the engineering and land surveying examining board may adopt rules consistent with the rules prescribed by the Acts of Congress and the instructions of the United States Secretary of the Interior.
90 Acts, ch 1236, §3
C91, §114A.3
C93, §355.3
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 355 - STANDARDS FOR LAND SURVEYING › Section 355.4 - Boundary location.

355.4 Boundary location.
The surveyor shall acquire data necessary to retrace record title boundaries, center lines, and other boundary line locations in accordance with the legal descriptions including applicable provisions of chapter 650. The surveyor shall analyze the data and make a careful determination of the position of the boundaries of the parcel or tract of land being surveyed. The surveyor shall make a field survey, locating and connecting monuments necessary for location of the parcel or tract and coordinate the facts of the survey with the analysis and legal description. The surveyor shall place monuments marking the corners of the parcel or tract unless monuments already exist at the corners.
90 Acts, ch 1236, §4
C91, §114A.4
C93, §355.4
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 355 - STANDARDS FOR LAND SURVEYING › Section 355.5 - Measurements.

355.5 Measurements.
1. Measurements shall be made with instruments and methods capable of attaining the required accuracy for the particular problem involved.
2. Measurements as placed on plats shall be in conformance with the capabilities of the instruments used.
3. In a closed traverse the sum of the measured angles shall agree with the theoretical sum by a difference not greater than thirty seconds times the square root of the number of angles.
4. Distances shall be shown in decimal feet in accordance with the federal definition of a foot at the time the survey is performed.
90 Acts, ch 1236, §5
C91, §114A.5
C93, §355.5
2007 Acts, ch 143, §4; 2022 Acts, ch 1037, §1
Subsection 4 amended
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 355 - STANDARDS FOR LAND SURVEYING › Section 355.6 - Monumentation.

355.6 Monumentation.
1. The surveyor shall confirm the prior establishment of control monuments at each controlling corner on the boundaries of the parcel or tract of land being surveyed. If no control monuments exist, the surveyor shall place the monuments. Control monuments shall be constructed of reasonably permanent material solidly embedded in the ground and capable of being detected by commonly used magnetic or electronic equipment. The surveyor shall affix a cap of reasonably inert material bearing an embossed or stencil cut marking of the Iowa license number of the surveyor to the top of each monument which the surveyor places.
2. Control monuments shall be placed at the following locations:
a. Each corner and angle point of each lot, block, or parcel of land surveyed.
b. Each point of intersection of the outer boundary of the survey with an existing or created right-of-way line of a street, railroad, or other way.
c. Each point of curve, tangency, reversed curve, or compounded curve on each right-of-way line established.
3. If the placement of a monument required by this chapter at the prescribed location is impractical, a reference monument shall be established near the prescribed location. If a point requiring monumentation has been previously monumented, the existence of the monument shall be confirmed by the surveyor.
4. At least a minimum number of two survey control monuments are required to be placed before the recording of a subdivision provided the surveyor includes in the surveyor’s statement a declaration that additional monuments shall be placed before a date specified in the statement or within one year from the date the subdivision is recorded, whichever is earlier.
90 Acts, ch 1236, §6
C91, §114A.6
C93, §355.6
2012 Acts, ch 1009, §4
Referred to in §355.6A, 355.7, 355.8
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 355 - STANDARDS FOR LAND SURVEYING › Section 355.9 - Descriptions.

355.9 Descriptions.
A description defining land boundaries written for conveyance or other purposes shall be complete, providing definite and unequivocal identification of the property lines or boundaries. The description shall be sufficient to enable the description to be platted and retraced. The description shall commence at or relate to a physically monumented corner or boundary line of record.
1. If the land is located in a recorded subdivision, the description shall contain the number or other description of the lot, block, or other part of the subdivision, or shall describe the land by reference to a known corner of the lot, block, or other part.
2. If the land is not located in a recorded subdivision, the description shall identify the section, township, range, and county, and shall describe the land by reference to government lot, by quarter-quarter section, by quarter section, or by metes and bounds commencing with a corner marked and established in the United States public land survey system.
90 Acts, ch 1236, §9
C91, §114A.9
C93, §355.9
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 355 - STANDARDS FOR LAND SURVEYING › Section 355.10 - Record.

355.10 Record.
1. The surveyor shall record a plat and description with the county recorder no later than thirty days after signature on the plat by the surveyor if the survey was made for one of the following purposes:
a. To correct boundaries and descriptions of land.
b. For the division of land.
c. To retrace an existing recorded description of a parcel or tract of land.
2. The plat and description shall show distinctly what piece of land was surveyed, the surveyor, and the date of the survey.
3. The thirty-day requirement shall not apply to subdivision plats.
90 Acts, ch 1236, §10
C91, §114A.10
C93, §355.10
2016 Acts, ch 1064, §5
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 355 - STANDARDS FOR LAND SURVEYING › Section 355.11 - United States public land survey corner certificate.

355.11 United States public land survey corner certificate.
1. A United States public land survey corner certificate shall be prepared as part of any land surveying which includes the use of a United States public land survey system corner, having the status of a corner of a quarter-quarter section or larger aliquot part of a section, if one or more of the following conditions exist:
a. There is no certificate for the corner on file with the recorder of the county in which the corner is located.
b. The surveyor in responsible charge of the land surveying accepts a corner position which differs from that shown in the public records of the county in which the corner is located.
c. The corner monument is replaced or modified in any way.
d. The reference ties referred to in an existing public record are not correct.
2. The surveyor shall record the required certificate with the recorder and forward a copy to the county engineer of the county in which the corner is located within thirty days after completion of the surveying. The certificate shall comply with the following requirements:
a. The size of the sheet or sheets making up the certificate shall not be less than eight and one-half inches by eleven inches.
b. The identity of the corner, with reference to the United States public land survey system, shall be clearly indicated.
c. The certificate shall contain a narrative explaining the reason for preparing the certificate, the evidence and detailed procedures used in establishing the corner position, and the monumentation found or placed perpetuating the corner position including reference monumentation.
d. The certificate shall contain a plan-view site drawing depicting the relevant monuments, physical surroundings, and reference ties in sufficient detail to enable recovery of the corner.
e. The certificate shall contain at least three reference ties, measured to the nearest one-hundredth of a foot from the corner to durable physical objects near the corner, which are located so that the intersection of any two of the ties will yield a strong corner position recovery.
f. The certificate shall contain a statement by the surveyor that the work was done and the certificate was prepared by the surveyor or under the surveyor’s direct personal supervision and shall be signed and dated by the surveyor and bear the surveyor’s Iowa license number and seal.
3. A public land survey corner certificate may contain more than one corner that is being certified as part of the land surveying project. The recorder shall accept for recording a certificate containing multiple corners certified pursuant to this section.
90 Acts, ch 1236, §11
C91, §114A.11
C93, §355.11
2012 Acts, ch 1009, §7; 2012 Acts, ch 1024, §1
Referred to in §331.606B, 355.6A
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 355 - STANDARDS FOR LAND SURVEYING › Section 355.12 - Indexing of survey documents by recorder.

355.12 Indexing of survey documents by recorder.
The recorder shall index survey documents and United States public land corner certificates by township, range, and section number. If the survey is in a recorded subdivision, the recorder shall also index the document alphabetically by subdivision name.
90 Acts, ch 1236, §12
C91, §114A.12
C93, §355.12
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 355 - STANDARDS FOR LAND SURVEYING › Section 355.13 - Surveys authorized by the United States government.

355.13 Surveys authorized by the United States government.
1. A person employed in the execution of a survey authorized by the United States government may enter upon lands within this state for the purpose of exploring, triangulating, leveling, surveying, and doing any other work necessary to carry out the objects of laws relative to surveys, and may establish permanent station marks, and erect the necessary signals and temporary observatories, doing no unnecessary injury thereby.
2. If the parties interested cannot agree upon the amount to be paid for damages caused by entry upon lands pursuant to subsection 1, either of them may petition the district court in the county in which the land is situated and the district court shall appoint a time for a hearing. The district court shall order at least twenty days’ notice to be given to all interested parties, and, with or without a view of the premises as the court may determine, hear the parties and their witnesses and assess damages.
3. The person entering upon land, pursuant to subsection 1, may tender to the injured party damages caused thereby, and if, in case of petition or complaint to the district court, the damages finally assessed do not exceed the amount tendered, the person entering shall recover costs. Otherwise, the prevailing party shall recover costs.
4. The costs to be allowed in cases taken pursuant to this section shall be the same as allowed according to the rules of the court and provisions of law relating to costs.
90 Acts, ch 1236, §13
C91, §114A.13
C93, §355.13
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 355 - STANDARDS FOR LAND SURVEYING › Section 355.14 - Federal surveys — defacement.

355.14 Federal surveys — defacement.
If a person willfully defaces, injures, or removes a signal, monument, building, or other property of the United States national geodetic survey, or the United States geological survey, constructed or used under the federal law, the person is subject to a civil penalty not exceeding fifty dollars for each offense, and is liable for damages sustained by the United States in consequence of the defacing, injury, or removal, to be recovered in a civil action in any court of competent jurisdiction.
90 Acts, ch 1236, §14
C91, §114A.14
C93, §355.14
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 355 - STANDARDS FOR LAND SURVEYING › Section 355.16 - Iowa plane coordinate system defined.

355.16 Iowa plane coordinate system defined.
The Iowa plane coordinate system may be used for the purpose of conducting official surveys, as defined by the United States national geodetic survey or a successor agency. As used in this section, “Iowa plane coordinate system” means the system established by the United States national geodetic survey, or a successor agency, for defining and stating the geographic positions or locations of points on the surface of the earth within the state of Iowa that is in use at the time the survey is performed.
93 Acts, ch 50, §1; 2018 Acts, ch 1041, §124; 2022 Acts, ch 1037, §2
Section amended
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 356 - JAILS AND MUNICIPAL HOLDING FACILITIES › Section 356.1 - How used.

356.1 How used.
1. The jails in the several counties in the state shall be in the charge of the respective sheriffs and used as prisons:
a. For the detention of persons charged with an offense and committed for trial or examination.
b. For the detention of persons who may be committed to secure their attendance as witnesses on the trial of a criminal cause.
c. For the confinement of persons under sentence, upon conviction for any offense, and of all other persons committed for any cause authorized by law.
d. For the confinement of persons subject to imprisonment under the ordinances of a city.
2. The provisions of this section extend to persons detained or committed by authority of the courts of the United States as well as of any state.
[C51, §3103; R60, §5122; C73, §485, 4723; C97, §735, 5637; C24, 27, 31, 35, 39, §5497, 5772; C46, 50, §356.1, 368.40; C54, 58, 62, 66, 71, 73, §356.1, 368.15; C75, 77, 79, 81, §356.1]
2004 Acts, ch 1117, §2, 4; 2005 Acts, ch 3, §67
Referred to in §356A.1, 356A.7
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 356 - JAILS AND MUNICIPAL HOLDING FACILITIES › Section 356.2 - Duty.

356.2 Duty.
The sheriff shall have charge and custody of the prisoners in the jail or other prisons of the sheriff’s county, and shall receive those lawfully committed, and keep them until discharged by law.
[C51, §172; R60, §385; C73, §339; C97, §501; C24, 27, 31, 35, 39, §5498; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §356.2]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 356 - JAILS AND MUNICIPAL HOLDING FACILITIES › Section 356.3 - Minors separately confined.

356.3 Minors separately confined.
1. Any sheriff, city marshal, or chief of police, having in the officer’s care or custody any prisoner under the age of eighteen years, shall keep such prisoner separate and apart, and prevent communication by such prisoner with prisoners above that age, while such prisoners are not under the personal supervision of such officer, if suitable buildings or jails are provided for that purpose, unless such prisoner is likely to or does exercise an immoral influence over other minors with whom the prisoner may be imprisoned.
2. A person under the age of eighteen years prosecuted under chapter 232 and not waived to criminal court shall be confined in a jail only under the conditions provided in chapter 232.
3. Any officer having charge of prisoners who without just cause or excuse neglects or refuses to perform the duties imposed on the officer by this section may be suspended or removed from office therefor.
[C97, §5638; C24, 27, 31, 35, 39, §5499; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §356.3]
2017 Acts, ch 54, §76
Referred to in §232.22
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 356 - JAILS AND MUNICIPAL HOLDING FACILITIES › Section 356.4 - Separation of men and women.

356.4 Separation of men and women.
All jails shall be equipped with separate cells for men and women. Men and women prisoners shall not be allowed in the same cell within a jail at the same time.
[C97, §5639; C24, 27, 31, 35, 39, §5500; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §356.4]
85 Acts, ch 21, §43
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 356 - JAILS AND MUNICIPAL HOLDING FACILITIES › Section 356.5 - Keeper’s duty.

356.5 Keeper’s duty.
The keeper of each jail shall:
1. See that the jail is kept in a clean and healthful condition.
2. Furnish each prisoner with necessary bedding, clothing, towels, fuel, and medical aid.
3. Serve each prisoner three times each day with an ample quantity of wholesome food.
4. Furnish each prisoner sufficient clean, fresh water for drinking purposes and for personal use.
5. Keep an accurate account of the items furnished each prisoner.
6. Keep a matron on the jail premises at all times during the incarceration of one or more female prisoners; keep either a jailer or matron on the premises at all times during the incarceration of one or more male prisoners, and make nighttime inspections while any prisoners are confined, or provide for incarceration in a jail which conforms to the provisions of this subsection.
[C51, §3104, 3108; R60, §5123, 5127; C73, §4724, 4727; C97, §5640, 5643; C24, 27, 31, 35, 39, §5501; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §356.5]
Referred to in §356.7, 356.15, 356.15A, 356A.2
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 356 - JAILS AND MUNICIPAL HOLDING FACILITIES › Section 356.6 - Sheriff’s duty.

356.6 Sheriff’s duty.
The sheriff must keep an accurate calendar of each prisoner committed to the sheriff’s care, which shall contain the prisoner’s name, place of abode, the day and hour of commitment and discharge, the cause and term of commitment, the authority that committed the prisoner, and a description of the prisoner, a statement of the prisoner’s occupation, education, and general habits. When any prisoner is discharged, such calendar must show the day and hour when and the authority by which it took place, and if a person escapes, it must state particularly the time and manner thereof.
[C51, §3105; R60, §5124; C73, §4725; C97, §5641; C24, 27, 31, 35, 39, §5502; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §356.6]
Referred to in §356A.5
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 356 - JAILS AND MUNICIPAL HOLDING FACILITIES › Section 356.6A - Duty to inform about veteran services.

356.6A Duty to inform about veteran services.
1. The personnel of a jail or municipal holding facility shall inquire whether the prisoner is a veteran, and if so, shall inform the prisoner, within twenty-four hours of incarceration, that the prisoner may be entitled to a visit from a veteran service officer to determine if veteran services are required or available. Within seventy-two hours of determining a prisoner is a veteran, the personnel of a jail or municipal holding facility shall provide the prisoner with the contact information for the county commission of veteran affairs of the county where the jail or facility is located, and the prisoner shall be allowed to contact the county commission of veteran affairs to request a visit from a veteran service officer.
2. As used in this section, “veteran” means a person who was a member of the regular component of the armed forces of the United States, national guard, or reserves.
2010 Acts, ch 1101, §1
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 356 - JAILS AND MUNICIPAL HOLDING FACILITIES › Section 356.8 - Removal.

356.8 Removal.
When a jail or any building contiguous or near thereto is on fire, and there is reason to apprehend that the prisoners therein may be injured thereby, the sheriff or keeper must remove such prisoners to some safe and convenient place, and there confine them so long as it may be necessary to avoid such danger.
[C51, §3109; R60, §5128; C73, §4728; C97, §5644; C24, 27, 31, 35, 39, §5504; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §356.8]
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 356 - JAILS AND MUNICIPAL HOLDING FACILITIES › Section 356.14 - Refractory prisoners.

356.14 Refractory prisoners.
If any person confined in a jail is refractory or disorderly or willfully destroys or injures any part of the jail or of its contents, the sheriff may secure the person or cause the person to be kept in solitary confinement not more than ten days for any one offense, during which time the person may be fed minimum diet requirements as established by the Iowa department of corrections unless other food is necessary for the preservation of the person’s health.
[C51, §3115; R60, §5134; C73, §4734; C97, §5650; C24, 27, 31, 35, 39, §5510; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §356.14]
83 Acts, ch 96, §113, 159
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 356 - JAILS AND MUNICIPAL HOLDING FACILITIES › Section 356.15 - Expenses.

356.15 Expenses.
1. All charges and expenses for the safekeeping and maintenance of prisoners shall be allowed by the board of supervisors, with the exception of charges and expenses for the following prisoners:
a. Those committed or detained by the authority of the courts of the United States, in which cases the United States must pay such expenses to the county.
b. Those committed for violation of a city ordinance, in which case the city shall pay expenses to the county.
c. Those committed or detained from another state, in which case the governmental entity from the other state sending the prisoners shall pay expenses to the county.
2. Notwithstanding the charges and expenses allowed pursuant to subsection 1, the costs of required medical aid furnished to prisoners in the custody of the county sheriff pursuant to section 356.5 shall be paid as specified in sections 356.15A and 804.28.
[C51, §3116; R60, §5135; C73, §485, 4735; C97, §735, 5651; C24, 27, 31, 35, 39, §5511, 5772; C46, 50, §356.15, 368.40; C54, 58, 62, 66, 71, 73, §356.15, 368.15; C75, 77, 79, 81, §356.15]
2004 Acts, ch 1117, §3, 4; 2020 Acts, ch 1042, §1; 2021 Acts, ch 80, §222
Referred to in §331.401
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 356 - JAILS AND MUNICIPAL HOLDING FACILITIES › Section 356.16 - Hard labor.

356.16 Hard labor.
Able-bodied persons over the age of sixteen, confined in any jail under the judgment of any tribunal authorized to imprison for the violation of any law, ordinance, bylaw or police regulation, may be required to labor during the whole or part of the time of their sentences, as hereinafter provided, and such tribunal, when passing final judgment of imprisonment, whether for nonpayment of fine or otherwise, shall have the power to and shall determine whether such imprisonment shall be at hard labor or not.
[C51, §3107; R60, §5126; C73, §4736; C97, §5652; S13, §5652; C24, 27, 31, 35, 39, §5512; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §356.16]
Referred to in §331.303
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 356 - JAILS AND MUNICIPAL HOLDING FACILITIES › Section 356.17 - Labor on public works.

356.17 Labor on public works.
Such labor may be on the streets or public roads, on or about public buildings or grounds, or at such other places in the county where confined, and during such reasonable time of the day as the person having charge of the prisoners may direct, not exceeding eight hours each day.
[C73, §4737; C97, §5653; C24, 27, 31, 35, 39, §5513; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §356.17]
Referred to in §331.303
2023 Iowa Code › Title IX - LOCAL GOVERNMENT › Chapter 356 - JAILS AND MUNICIPAL HOLDING FACILITIES › Section 356.18 - Supervision.

356.18 Supervision.
If the sentence be for the violation of any of the statutes of the state, the sheriff of the county shall superintend the performance of the labor, and furnish the tools and materials, if necessary, to work with, at the expense of the county in which the convict is confined, and such county shall be entitled to the convict’s earnings.
[C51, §3107; R60, §5126; C73, §4738; C97, §5654; C24, 27, 31, 35, 39, §5514; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §356.18]
Referred to in §331.303