reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478A - GAS LAMPS › Section 478A.7 - Decorative gas lamps.

478A.7 Decorative gas lamps.
1. Commencing January 1, 1979 a person shall not sell or offer for sale in this state a decorative gas lamp manufactured after December 31, 1978.
2. As used in this section “decorative gas lamp” means a device installed for the purpose of producing illumination by burning natural, mixed or liquid petroleum gas and utilizing either a mantle or an open flame, but does not include portable camp lanterns or gas lamps.
3. Persons convicted of violating this section shall be guilty of a simple misdemeanor.
4. Notwithstanding subsection 1, commencing January 1, 1990, a person may sell or offer for sale in this state a decorative gas lamp manufactured after December 31, 1978, if the utilities board within the utilities division of the department of commerce determines, after notice and an opportunity for interested persons to comment at an oral presentation, that the sale or offer for sale of decorative gas lamps does not violate the public interest.
[C79, 81, §478A.7]
89 Acts, ch 297, §14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.1 - Purpose — applicability.

479.1 Purpose — applicability.
It is the purpose of the general assembly in enacting this law to confer upon the utilities board the power and authority to supervise the transportation or transmission of any solid, liquid, or gaseous substance, except water, within or through this state by pipeline, whether specifically mentioned in this chapter or not, and the power and authority to supervise the underground storage of gas, to protect the safety and welfare of the public in its use of public or private highways, grounds, waters, and streams of any kind in this state. However, this chapter does not apply to interstate natural gas or hazardous liquid pipelines, pipeline companies, and underground storage, as these terms are defined in chapters 479A and 479B.
[C35, §8338-f14; C39, §8338.22; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.1; C77, 79, 81, §479.1]
88 Acts, ch 1074, §27; 95 Acts, ch 192, §5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.2 - Definitions.

479.2 Definitions.
As used in this chapter:
1. “Board” means the utilities board within the utilities division of the department of commerce.
2. “Pipeline” means a pipe, pipes, or pipelines used for the transportation or transmission of a solid, liquid, or gaseous substance, except water, within or through this state. However, the term does not include interstate pipe, pipes, or pipelines used for the transportation or transmission of natural gas or hazardous liquids.
3. “Pipeline company” means a person engaged in or organized for the purpose of owning, operating, or controlling pipelines for the transportation or transmission of any solid, liquid, or gaseous substance, except water, within or through this state. However, the term does not include a person owning, operating, or controlling interstate pipelines for the transportation or transmission of natural gas or hazardous liquids.
4. “Underground storage” means storage of gas in a subsurface stratum or formation of the earth.
[C31, §8338-d1; C35, §8338-f15; C39, §8338.23; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.2; C77, 79, 81, §479.2]
88 Acts, ch 1074, §28; 95 Acts, ch 192, §6
Referred to in §352.6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.3 - Conditions attending operation.

479.3 Conditions attending operation.
No pipeline company shall construct, maintain, or operate any pipeline or lines under, along, over, or across any public or private highways, grounds, waters, or streams of any kind in this state except in accordance with the provisions of this chapter.
[C31, §8338-d2; C35, §8338-f16; C39, §8338.24; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.3; C77, 79, 81, §479.3]
2022 Acts, ch 1032, §76
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.4 - Dangerous construction — inspection.

479.4 Dangerous construction — inspection.
1. The board is vested with power and authority and it shall be the board’s duty to supervise all pipelines and underground storage and pipeline companies and, from time to time, to inspect and examine the construction, maintenance, and condition of the pipelines and underground storage facilities. Whenever the board shall determine that any pipeline and underground storage facilities or any apparatus, device, or equipment used in connection therewith is unsafe and dangerous, the board shall immediately in writing notify the pipeline company which is constructing or operating the pipeline and underground storage facilities, device, apparatus, or other equipment to repair or replace any defective or unsafe part or portion of the pipeline and underground storage facilities, device, apparatus, or equipment.
2. All faulty construction, as determined by the inspector, shall be repaired immediately by the contractor operating for the pipeline company and the cost of such repairs shall be paid by the contractor. If such repairs are not made by the contractor, the board shall proceed to collect under the provisions of section 479.26.
[C31, §8338-d29; C35, §8338-f17; C39, §8338.25; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.4; C77, 79, 81, §479.4]
2018 Acts, ch 1041, §101; 2019 Acts, ch 24, §67
See also §479.29
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.6 - Petition.

479.6 Petition.
Said petition shall state:
1. The name of the individual, firm, corporation, company, or association asking for said permit.
2. The applicant’s principal office and place of business.
3. A legal description of the route of said proposed line or lines, together with a map thereof.
4. A general description of the public or private highways, grounds and waters, streams and private lands of any kind along, over or across which said proposed line or lines will pass.
5. The specifications of material and manner of construction.
6. The maximum and normal operating pressure under which it is proposed to transport any solid, liquid, or gaseous substance, except water.
7. If permission is sought to construct, maintain and operate facilities for the underground storage of gas said petition shall include the following information in addition to that stated above:
a. A description of the public or private highways, grounds and waters, streams and private lands of any kind under which such storage is proposed, together with a map thereof.
b. Maps showing the location of proposed machinery, appliances, fixtures, wells and stations necessary for the construction, maintenance and operation of such gas underground storage facilities.
8. The possible use of alternative routes.
9. The relationship of the proposed project to the present and future land use and zoning ordinances.
10. The inconvenience or undue injury which may result to property owners as a result of the proposed project.
11. By affidavit, that informational meetings were held in each county which the proposed project will affect and the time and place of each meeting.
[C31, §8338-d4; C35, §8338-f19; C39, §8338.27; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.6; C77, 79, 81, §479.6]
Referred to in §479.5, 479.23
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.7 - Hearing — notice.

479.7 Hearing — notice.
1. Upon the filing of the petition, the board shall fix a date for hearing on the petition and shall cause notice of hearing to be published in some newspaper of general circulation in each county through which the proposed line or lines or gas storage facilities will extend. The notice shall be published for two consecutive weeks.
2. Where a petition seeks the use of the right of eminent domain over specific parcels of real property, the board shall prescribe the notice to be served upon the owners of record and parties in possession of the property over which the use of the right of eminent domain is sought. The notice shall include the statement of individual rights required pursuant to section 6B.2A.
[C31, §8338-d5; C35, §8338-f20; C39, §8338.28; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.7; C77, 79, 81, §479.7]
2000 Acts, ch 1179, §25, 30; 2018 Acts, ch 1026, §148
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.8 - Time and place.

479.8 Time and place.
The hearing shall not be less than ten days nor more than thirty days from the date of the last publication and where the proposed new pipeline would operate under pressure exceeding one hundred fifty pounds per square inch and exceed five miles in length, shall be held in the county seat of the county located at the midpoint of the proposed line or lines or the county in which the proposed gas storage facility would be located.
[C31, §8338-d6; C35, §8338-f21; C39, §8338.29; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.8; C77, 79, 81, §479.8; 81 Acts, ch 159, §10]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.9 - Objections.

479.9 Objections.
Any person, corporation, company, or city whose rights or interests may be affected by a proposed pipeline or lines or gas storage facilities may file written objections to the proposed pipeline or lines or gas storage facilities or to the granting of a permit.
[C31, §8338-d7; C35, §8338-f22; C39, §8338.30; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.9; C77, 79, 81, §479.9]
2022 Acts, ch 1021, §127
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.10 - Filing.

479.10 Filing.
All such objections shall be on file in the office of the board not less than five days before the date of hearing on the application, but the board may permit the filing of the objections later than five days before the hearing, in which event the applicant must be granted a reasonable time to meet the objections.
[C31, §8338-d8; C35, §8338-f23; C39, §8338.31; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.10; C77, 79, 81, §479.10]
2022 Acts, ch 1021, §128
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.11 - Examination — testimony.

479.11 Examination — testimony.
The board may examine the proposed route of the pipeline or lines and location of the proposed gas storage area or may select an engineer to make the examination. At the hearing, the board shall consider the petition and any objections filed to the petition and may, in its discretion, hear any testimony as may aid the board in determining the propriety of granting the permit.
[C31, §8338-d9; C35, §8338-f24; C39, §8338.32; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.11; C77, 79, 81, §479.11]
2022 Acts, ch 1021, §129
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.12 - Final order — condition.

479.12 Final order — condition.
The board may grant a permit in whole or in part upon terms, conditions, and restrictions as to safety requirements and as to location and route as determined by it to be just and proper. Before a permit is granted to a pipeline company, the board, after a public hearing as provided in this chapter, shall determine whether the services proposed to be rendered will promote the public convenience and necessity, and an affirmative finding to that effect is a condition precedent to the granting of a permit.
[C31, §8338-d10; C35, §8338-f25; C39, §8338.33; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.12; C77, 79, 81, §479.12]
88 Acts, ch 1074, §30
Referred to in §479.18
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.13 - Costs and fees.

479.13 Costs and fees.
The applicant shall pay all costs of the informational meetings, hearing, and necessary preliminary investigation including the cost of publishing notice of hearing, and shall pay the actual unrecovered costs directly attributable to construction inspections conducted by the board or the board’s designee.
[C31, §8338-d11, -d12; C35, §8338-f26; C39, §8338.34; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.13; C77, 79, 81, §479.13]
88 Acts, ch 1074, §31
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.14 - Inspection fee.

479.14 Inspection fee.
The board may, in accordance with section 476.10, charge a pipeline company with an annual inspection fee that is directly attributable to the costs of conducting annual inspections pursuant to this chapter.
[C31, §8338-d13; C35, §8338-f27; C39, §8338.35; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.14; C77, 79, 81, §479.14]
88 Acts, ch 1074, §32; 2018 Acts, ch 1160, §25
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.15 - Failure to pay.

479.15 Failure to pay.
It shall be the duty of the board to collect all inspection fees provided in this chapter, and failure to pay any such inspection fee within thirty days after the time the same shall become due shall be cause for revocation of the permit.
[C35, §8338-f28; C39, §8338.36; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.15; C77, 79, 81, §479.15]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.16 - Receipt of funds.

479.16 Receipt of funds.
All moneys received under this chapter shall be remitted monthly to the treasurer of state and credited to the department of commerce revolving fund created in section 546.12 as provided in section 476.10.
[C31, §8338-d14; C35, §8338-f29, -f30; C39, §8338.37, 8338.38; C46, 50, 54, 58, 62, 66, 71, §490.16, 490.17; C73, 75, §490.17; C77, 79, 81, §479.16]
87 Acts, ch 234, §432; 94 Acts, ch 1107, §83; 2009 Acts, ch 181, §54
Referred to in §476.10
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.17 - Rules.

479.17 Rules.
The board shall have full authority and power to promulgate such rules as the board deems proper and expedient to insure the orderly conduct of the hearings provided for in this chapter and also to prescribe rules for the enforcement of this chapter.
[C31, §8338-d15; C35, §8338-f31; C39, §8338.39; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.18; C77, 79, 81, §479.17]
2022 Acts, ch 1021, §130
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.18 - Permit.

479.18 Permit.
The board shall prepare and issue any permit granted in accordance with section 479.12. Said permit shall show the name and address of the pipeline company to which it is issued and identify by reference thereto the decision and order of the board under which said permit is issued. It shall be signed by the chairperson of the board and the official seal of the board shall be affixed thereto.
[C31, §8338-d16; C35, §8338-f32; C39, §8338.40; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.19; C77, 79, 81, §479.18]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.19 - Limitation on grant.

479.19 Limitation on grant.
A pipeline company shall not ever be granted an exclusive right to construct, maintain, and operate its pipeline or lines along, over or across any public highway, grounds or waters. A permit shall not ever be granted for a period that is longer than twenty-five years.
[C31, §8338-d17; C35, §8338-f33; C39, §8338.41; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.20; C77, 79, 81, §479.19]
2022 Acts, ch 1021, §131
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.20 - Sale of permit.

479.20 Sale of permit.
No permit shall be sold until the sale is approved by the board.
[C35, §8338-f34; C39, §8338.42; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.21; C77, 79, 81, §479.20]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.21 - Transfer of permit.

479.21 Transfer of permit.
If a transfer of a permit is made before the construction for which the permit was issued is completed in whole or in part, the transfer shall not be effective until the person, company, or corporation to whom the permit was issued files in the office of the board a notice in writing stating the date of the transfer and the name and address of the transferee.
[C31, §8338-d11; C35, §8338-f35; C39, §8338.43; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.22; C77, 79, 81, §479.21]
2022 Acts, ch 1021, §132
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.22 - Records.

479.22 Records.
The board shall keep a record of all permits granted and issued by the board, showing when and to whom the permits were issued and the location and route of the pipeline or lines or gas storage area covered. When any transfer of a permit has been made as provided in this chapter, the board shall also note upon its record the date of the transfer and the name and address of the transferee.
[C31, §8338-d20; C35, §8338-f36; C39, §8338.44; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.23; C77, 79, 81, §479.22]
2022 Acts, ch 1021, §133
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.23 - Extension of permit.

479.23 Extension of permit.
A pipeline company may petition the board for the extension of a permit granted under this chapter by filing a petition containing the information required by section 479.6, subsections 1 through 4, 6, and 7, and section 479.26.
[C31, §8338-d22; C35, §8338-f37; C39, §8338.45; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.24; C77, 79, 81, §479.23]
95 Acts, ch 192, §8
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.24 - Eminent domain.

479.24 Eminent domain.
1. A pipeline company granted a pipeline permit under this chapter shall be vested with the right of eminent domain* to the extent necessary and as prescribed and approved by the board, not exceeding seventy-five feet in width for right-of-way and not exceeding one acre in any one location in addition to right-of-way for the location of pumps, pressure apparatus, or other stations or equipment necessary to the proper operation of its pipeline. The board may grant additional eminent domain rights where the pipeline company has presented sufficient evidence to adequately demonstrate that a greater area is required for the proper construction, operation, and maintenance of the pipeline or for the location of pumps, pressure apparatus, or other stations or equipment necessary to the proper operation of its pipeline.
2. A pipeline company having secured a permit for underground storage of gas shall be vested with the right of eminent domain to the extent necessary and as prescribed and approved by the board in order to appropriate for its use for the underground storage of gas any subsurface stratum or formation in any land which the board shall have found to be suitable and in the public interest for the underground storage of gas, and may appropriate other interests in property, as may be required to adequately examine, prepare, maintain, and operate the underground gas storage facilities. This chapter does not authorize the construction of a pipeline longitudinally on, over, or under any railroad right-of-way or public highway, or at other than an approximate right angle to a railroad track or public highway without the consent of the railroad company, the state department of transportation, or the county board of supervisors, and this chapter does not authorize or give the right of condemnation or eminent domain for such purposes.
[C31, §8338-d23; C35, §8338-f38; C39, §8338.46; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.25; C77, 79, 81, §479.24]
95 Acts, ch 192, §9; 2018 Acts, ch 1041, §127
*See Mid-America Pipeline Company v. Iowa State Commerce Commission, 253 Iowa 1143 (1962)
Eminent domain, chapters 6A and 6B
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.25 - Damages.

479.25 Damages.
A pipeline company operating a pipeline or a gas storage area shall have reasonable access to the pipeline or gas storage area for the purpose of constructing, operating, maintaining, or locating pipes, pumps, pressure apparatus or other stations, wells, devices, or equipment used in or upon the pipeline or gas storage area; shall pay the owner of the land for the right of entry and the owner of crops for all damages caused by entering, using, or occupying the land; and shall pay to the owner all damages caused by the completion of construction of the pipeline due to wash or erosion of the soil at or along the location of the pipeline and due to the settling of the soil along and above the pipeline. However, this section shall not prevent the execution of an agreement between the pipeline company and the owner of land or crops with reference to the use of the land.
[C31, §8338-d26; C35, §8338-f39; C39, §8338.47; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.26; C77, 79, 81, §479.25]
95 Acts, ch 192, §10
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.26 - Financial condition of permittee — bond.

479.26 Financial condition of permittee — bond.
Before any permit is granted under this chapter the applicant must satisfy the board that the applicant has property within this state other than pipelines, subject to execution of a value in excess of two hundred fifty thousand dollars, or the applicant must file and maintain with the board a surety bond in the penal sum of two hundred fifty thousand dollars with surety approved by the board, conditioned that the applicant will pay any and all damages legally recovered against it growing out of the construction or operation of its pipeline and gas storage facilities in the state of Iowa. When the pipeline company deposits with the board security satisfactory to the board as a guaranty for the payment of the damages, or furnishes to the board satisfactory proofs of its solvency and financial ability to pay the damages, the pipeline company is relieved of the provisions requiring bond.
[C31, §8338-d27; C35, §8338-f40; C39, §8338.48; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.27; C77, 79, 81, §479.26; 81 Acts, ch 159, §11]
Referred to in §479.4, 479.23
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.27 - Venue.

479.27 Venue.
In all cases arising under this chapter, the district court of any county in which property of a pipeline company is located shall have jurisdiction.
[C31, §8338-d28; C35, §8338-f41; C39, §8338.49; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.28; C77, 79, 81, §479.27]
95 Acts, ch 192, §11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.28 - Orders — enforcement.

479.28 Orders — enforcement.
If a pipeline company fails to obey an order within a time prescribed by the board, the board may commence an equitable action in the district court of the county where the defective, unsafe, or dangerous portion of the pipeline, device, apparatus, or equipment is located to compel compliance with the board’s order. If, after trial of the action, the court finds that the order is reasonable, equitable, and just, the court shall issue a decree compelling obedience to and compliance with the order and may grant such other relief as may be just and proper. Appeal from the decree may be taken in the same manner as in other actions.
[C31, §8338-d30; C35, §8338-f42; C39, §8338.50; C46, 50, 54, 58, 62, 66, 71, 73, 75, §490.29; C77, 79, 81, §479.28]
2022 Acts, ch 1021, §134
Appeal in civil actions, chapter 625A
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.30 - Entry for land surveys.

479.30 Entry for land surveys.
After the informational meeting or after the filing of a petition if no informational meeting is required, a pipeline company may enter upon private land for the purpose of surveying and examining the land to determine the direction or depth of a pipeline by giving ten days’ written notice by restricted certified mail to the landowner as defined in section 479.5 and to any person residing on or in possession of the land. The entry for land surveys authorized in this section shall not be deemed a trespass and may be aided by injunction. The pipeline company shall pay the actual damages caused by the entry, survey, and examination.
[C81, §479.30]
95 Acts, ch 192, §13
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.31 - Civil penalty.

479.31 Civil penalty.
1. A person who violates this chapter or any rule or order issued pursuant to this chapter shall be subject to a civil penalty levied by the board in accordance with
49 C.F.R. §190.223
. Each day that the violation continues shall constitute a separate offense. Civil penalties collected pursuant to this section shall be forwarded by the chief operating officer of the board to the treasurer of state to be credited to the general fund of the state and appropriated to the division of community action agencies of the department of human rights for purposes of the low income home energy assistance program and the weatherization assistance program.
2. Any civil penalty may be compromised by the board. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owed by the state to the person charged, or may be recovered in a civil action.
[C71, 73, 75, §490.31; C77, 79, §479.29; C81, §479.31]
91 Acts, ch 112, §3; 95 Acts, ch 192, §14; 2013 Acts, ch 2, §1; 2017 Acts, ch 169, §45, 49; 2018 Acts, ch 1160, §26; 2021 Acts, ch 75, §3
Referred to in §479.29
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.32 - Rehearing — judicial review.

479.32 Rehearing — judicial review.
Rehearing procedure for any person, company, or corporation aggrieved by the action of the board in granting or failing to grant a permit under the provisions of this chapter shall be as provided in section 476.12. Judicial review may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.
[C71, 73, 75, §490.32; C77, 79, §479.30; C81, §479.32]
2003 Acts, ch 44, §114; 2022 Acts, ch 1032, §79
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.33 - Authorized federal aid.

479.33 Authorized federal aid.
The board may enter into agreements with and receive moneys from the United States department of transportation for the inspection of pipelines to determine compliance with applicable standards of pipeline safety, and for enforcement of the applicable standards of pipeline safety as provided by Pub. L. No. 103-272, as codified in 49 U.S.C. §60101 – 60125.
[C71, 73, 75, §490.33; C77, 79, §479.31; C81, §479.33]
88 Acts, ch 1074, §33; 95 Acts, ch 49, §13
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.34 - Cancellation.

479.34 Cancellation.
A person seeking to acquire an easement or other property interest for the construction, maintenance, or operation of a pipeline shall:
1. Allow the landowner or a person serving in a fiduciary capacity in the landowner’s behalf to cancel an agreement granting an easement or other interest by certified mail with return requested to the company’s principal place of business if received by the company within seven days, excluding Saturday and Sunday, of the date of the contract and inform the landowner or such fiduciary in writing of the right to cancel prior to the signing of the agreement by the landowner or such fiduciary.
2. Provide the landowner or a person serving in a fiduciary capacity in the landowner’s behalf with a form in duplicate for the notice of cancellation.
3. Not record any agreement until after the period for cancellation has expired.
4. Not include in the agreement any waiver of the right to cancel in accordance with this section. The landowner or a person serving in a fiduciary capacity in the landowner’s behalf may exercise the right of cancellation only once for each pipeline project.
[C81, §479.34]
2022 Acts, ch 1032, §80
Unnumbered paragraph 1 amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.41 - Arbitration agreements.

479.41 Arbitration agreements.
1. If an easement or other written agreement between a landowner and a pipeline company provides for the determination through arbitration of the amount of monetary damages sustained by a landowner and caused by the construction, maintenance, or repair of a pipeline, and if either party has not appointed its arbitrator or agreed to an arbitrator under the agreement within thirty days after the other party has invoked the arbitration provisions of the agreement by written notice to the other party by restricted certified mail, the landowner or the pipeline company may petition a judicial magistrate in the county where the real property is located for the appointment of an arbitrator to serve in the stead of the arbitrator who would have been appointed or agreed to by the other party. Before filing the petition the landowner or pipeline company shall give notice of the petitioning of the judicial magistrate by restricted certified mail to the other party and file proof of mailing with the petition. If after hearing, the magistrate finds that the landowner or pipeline company has not been diligent in appointing or reasonable in agreeing to an arbitrator, the magistrate shall appoint an impartial arbitrator who shall have all of the powers and duties of an arbitrator appointed or agreed to by the other party under the agreement.
2. For purposes of this section only, “landowner” means the persons who signed the easement or other written agreement, their heirs, successors, and assigns.
[81 Acts, ch 159, §2, 3]
95 Acts, ch 192, §15; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.42 - Subsequent pipelines.

479.42 Subsequent pipelines.
1. A pipeline company shall not install a subsequent pipeline upon its existing easement when a damage claim from the installation of its previous pipeline on that easement has not been resolved, unless the damage claim is under litigation, arbitration, or a proceeding pursuant to section 479.46.
2. With the exception of claims for damage to drain tile and future crop deficiency, for this section to apply, landowners and tenants must submit in writing their claims for damages caused by installation of the pipeline within one year of final cleanup on the real property.
[81 Acts, ch 159, §2, 4]
95 Acts, ch 192, §16; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.43 - Damage agreement.

479.43 Damage agreement.
A pipeline company shall not install a pipeline until there is a written statement on file with the board as to how damages resulting from the construction of the pipeline shall be determined and paid, except in cases of eminent domain. The company shall provide a copy of the statement to the landowner.
[81 Acts, ch 159, §2, 5]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.44 - Negotiated fee.

479.44 Negotiated fee.
In lieu of a one-time lump sum payment for an easement or other property interest allowing a pipeline to cross the property, a landowner and the pipeline company may negotiate an annual fee, to be paid over a fixed number of years. Unless the easement provides otherwise, the annual fee shall run with the land and shall be payable to the owner of record.
[81 Acts, ch 159, §2, 6]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.45 - Particular damage claims.

479.45 Particular damage claims.
1. Compensable losses shall include, but are not limited to, all of the following:
a. Loss or reduced yield of crops or forage on the pipeline right-of-way, whether caused directly by construction or from disturbance of usual farm operations.
b. Loss or reduced yield of crops or yield from land near the pipeline right-of-way resulting from lack of timely access to the land or other disturbance of usual farm operations, including interference with irrigation.
c. Fertilizer, lime, or organic material applied by the landowner to restore land disturbed by construction to full productivity.
d. Loss of or damage to trees of commercial or other value that occurs at the time of construction, restoration, or at the time of any subsequent work by the pipeline company.
e. The cost of or losses in moving or relocating livestock, and the loss of gain by or the death or injury of livestock caused by the interruption or relocation of normal feeding.
f. Erosion on lands attributable to pipeline construction.
g. Damage to farm equipment caused by striking a pipeline, debris, or other material reasonably associated with pipeline construction while engaged in normal farming operations as defined in section 480.1.
2. A claim for damage for future crop deficiency within the easement strip shall not be precluded from renegotiation under section 6B.52 on the grounds that it was apparent at the time of settlement unless the settlement expressly releases the pipeline company from claims for damage to the productivity of the soil. The landowner shall notify the company in writing fourteen days prior to harvest in each year to assess crop deficiency.
[81 Acts, ch 159, §2, 7]
99 Acts, ch 85, §2, 11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.47 - Subsequent tiling.

479.47 Subsequent tiling.
All additional costs of new tile construction caused by an existing pipeline shall be paid by the pipeline company. To receive compensation under this section, the landowner or agent of the landowner shall either present an invoice specifying the additional costs caused by the presence of the pipeline which is accompanied by a written verification of the additional costs by the county engineer or soil and water conservation district conservationist or reach an agreement with the pipeline company on the project design and share of the cost to be paid by the pipeline company during the planning of the tiling project.
[81 Acts, ch 159, §2, 9]
83 Acts, ch 128, §1, 2; 87 Acts, ch 23, §56; 92 Acts, ch 1103, §9; 95 Acts, ch 192, §18
Referred to in §479.48
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479 - PIPELINES AND UNDERGROUND GAS STORAGE › Section 479.49 - Farmland improvements.

479.49 Farmland improvements.
A landowner or contractor may require a representative of the pipeline company to be present on site, at no charge to the landowner, at all times during each phase and separate activity related to a farmland improvement within fifty feet of either side of a pipeline. If the pipeline company and the landowner or contractor constructing the farmland improvement mutually agree that a representative of the pipeline company is not required to be present, the requirements of this section are waived in relation to the farmland improvement which would have otherwise made the requirements of this section applicable. A farmland improvement includes, but is not limited to, the terracing of farmland and tiling.
2000 Acts, ch 1139, §2
Referred to in §479.48
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479A - INTERSTATE NATURAL GAS PIPELINES › Section 479A.1 - Purpose.

479A.1 Purpose.
It is the purpose of the general assembly in enacting this law to confer upon the utilities board the power and authority to act as an agent for the federal government in determining pipeline company compliance with the standards of the federal government for pipelines within the boundaries of the state.
88 Acts, ch 1074, §1; 2005 Acts, ch 32, §2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479A - INTERSTATE NATURAL GAS PIPELINES › Section 479A.2 - Definitions.

479A.2 Definitions.
As used in this chapter, unless the context requires otherwise:
1. “Board” means the utilities board within the utilities division of the department of commerce.
2. “Pipeline” means an interstate pipe, pipes, or pipelines used for the transportation or transmission of natural gas within or through this state.
3. “Pipeline company” means a person engaged in or organized for the purpose of owning, operating, or controlling pipelines.
4. “Underground storage” means the storage of natural gas in a subsurface stratum or formation of the earth by a pipeline company.
88 Acts, ch 1074, §2
Referred to in §437A.5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479A - INTERSTATE NATURAL GAS PIPELINES › Section 479A.4 - Construction inspection.

479A.4 Construction inspection.
The board shall supervise pipelines, pipeline companies, and underground storage, and shall inspect the construction, maintenance, and condition of pipelines and underground storage facilities in accordance with section 479A.18. When inspecting for safety standard compliance, the board shall apply only United States department of transportation safety standards.
88 Acts, ch 1074, §4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479A - INTERSTATE NATURAL GAS PIPELINES › Section 479A.7 - Annual inspection fee.

479A.7 Annual inspection fee.
The board may, in accordance with section 476.10, charge a pipeline company with an annual inspection fee that is directly attributable to the costs of conducting annual inspections pursuant to this chapter.
88 Acts, ch 1074, §7; 2021 Acts, ch 75, §4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479A - INTERSTATE NATURAL GAS PIPELINES › Section 479A.9 - Deposit of funds.

479A.9 Deposit of funds.
Moneys received under this chapter shall be credited to the department of commerce revolving fund created in section 546.12 as provided in section 476.10.
88 Acts, ch 1074, §9; 94 Acts, ch 1107, §84; 99 Acts, ch 85, §10, 11; 2009 Acts, ch 181, §55
Referred to in §476.10
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479A - INTERSTATE NATURAL GAS PIPELINES › Section 479A.11 - Damages.

479A.11 Damages.
A pipeline company operating pipelines or underground storage shall be given reasonable access to the pipelines and storage areas for the purpose of constructing, operating, maintaining, or locating their pipes, pumps, pressure apparatus, or other stations, wells, devices, or equipment used in or upon a pipeline or storage area, but shall pay the owner of the lands for the right of entry and the owner of crops on the land all damages caused by entering, using, or occupying the lands for these purposes; and shall pay to the owner of the lands, after the completion of construction of the pipeline or storage, all damages caused by settling of the soil along and above the pipeline, and wash or erosion of the soil along the pipeline due to the construction of the pipeline. However, this section does not prevent the execution of an agreement with other terms between the pipeline company and the owner of the land or crops with reference to their use.
88 Acts, ch 1074, §11; 95 Acts, ch 192, §19
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479A - INTERSTATE NATURAL GAS PIPELINES › Section 479A.18 - Federal inspection.

479A.18 Federal inspection.
The board may enter into agreements with and receive moneys from the United States department of transportation for the inspection of pipelines to determine compliance with the applicable standards of pipeline safety as provided by Pub. L. No. 103-272, as codified in 49 U.S.C. §60101 – 60125.
88 Acts, ch 1074, §18; 95 Acts, ch 49, §14
Referred to in §479A.4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.1 - Purpose — authority.

479B.1 Purpose — authority.
It is the purpose of the general assembly in enacting this law to grant the utilities board the authority to implement certain controls over hazardous liquid pipelines to protect landowners and tenants from environmental or economic damages which may result from the construction, operation, or maintenance of a hazardous liquid pipeline or underground storage facility within the state, to approve the location and route of hazardous liquid pipelines, and to grant rights of eminent domain where necessary.
95 Acts, ch 192, §28
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.2 - Definitions.

479B.2 Definitions.
As used in this chapter, unless the context appears otherwise:
1. “Board” means the utilities board within the utilities division of the department of commerce.
2. “Hazardous liquid” means crude oil, refined petroleum products, liquefied petroleum gases, anhydrous ammonia, liquid fertilizers, liquefied carbon dioxide, alcohols, and coal slurries.
3. “Pipeline” means an interstate pipe or pipeline and necessary appurtenances used for the transportation or transmission of hazardous liquids.
4. “Pipeline company” means a person engaged in or organized for the purpose of owning, operating, or controlling pipelines for the transportation or transmission of any hazardous liquid or underground storage facilities for the underground storage of any hazardous liquid.
5. “Underground storage” means storage of hazardous liquid in a subsurface stratum or formation of the earth.
6. “Utilities division” means the utilities division of the department of commerce.
95 Acts, ch 192, §29
Referred to in §214A.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.3 - Conditions attending operation.

479B.3 Conditions attending operation.
A pipeline company shall not construct, maintain, or operate a pipeline or underground storage facility under, along, over, or across any public or private highways, grounds, waters, or streams of any kind in this state except in accordance with this chapter.
95 Acts, ch 192, §30
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.5 - Petition.

479B.5 Petition.
A petition for a permit shall state all of the following:
1. The name of the individual, firm, corporation, company, or association applying for the permit.
2. The applicant’s principal office and place of business.
3. A legal description of the route of the proposed pipeline and a map of the route.
4. A general description of the public or private highways, grounds, waters, streams, and private lands of any kind along, over, or across which the proposed pipeline will pass.
5. If permission is sought to construct, maintain, and operate facilities for the underground storage of hazardous liquids the petition shall include the following additional information:
a. A description and a map of the public or private highways, grounds, waters, streams, and private lands of any kind under which the storage is proposed.
b. Maps showing the location of proposed machinery, appliances, fixtures, wells, and stations necessary for the construction, maintenance, and operation of the hazardous liquid storage facilities.
6. The possible use of alternative routes.
7. The relationship of the proposed project to the present and future land use and zoning ordinances.
8. The inconvenience or undue injury which may result to property owners as a result of the proposed project.
9. An affidavit attesting to the fact that informational meetings were held in each county affected by the proposed project and the time and place of each meeting.
95 Acts, ch 192, §32
Referred to in §479B.4, 479B.14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.6 - Hearing — notice.

479B.6 Hearing — notice.
1. After the petition is filed, the board shall fix a date for a hearing and shall publish notice for two consecutive weeks, in a newspaper of general circulation in each county through which the proposed pipeline or hazardous liquid storage facilities will extend.
2. The hearing shall not be less than ten days nor more than thirty days from the date of the last publication of the notice. If the pipeline exceeds five miles in length, the hearing shall be held in the county seat of the county located at the midpoint of the proposed pipeline or the county in which the proposed hazardous liquid storage facility would be located.
95 Acts, ch 192, §33; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.7 - Objections.

479B.7 Objections.
1. A person, including a governmental entity, whose rights or interests may be affected by the proposed pipeline or hazardous liquid storage facilities may file written objections.
2. All objections shall be on file with the board not less than five days before the date of hearing on the application. However, the board may permit the filing of the objections later than five days before the hearing, in which event the applicant must be granted a reasonable time to meet the objections.
95 Acts, ch 192, §34; 2019 Acts, ch 24, §104
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.8 - Examination — testimony.

479B.8 Examination — testimony.
The board may examine the proposed route of the pipeline and location of the underground storage facility. At the hearing the board shall consider the petition and any objections and may hear testimony to assist the board in making its determination regarding the application.
95 Acts, ch 192, §35
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.9 - Final order — condition.

479B.9 Final order — condition.
The board may grant a permit in whole or in part upon terms, conditions, and restrictions as to location and route as it determines to be just and proper. A permit shall not be granted to a pipeline company unless the board determines that the proposed services will promote the public convenience and necessity.
95 Acts, ch 192, §36
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.10 - Costs and fees.

479B.10 Costs and fees.
The applicant shall pay all costs of the informational meetings, hearing, and necessary preliminary investigation including the cost of publishing notice of hearing, and shall pay the actual unrecovered costs directly attributable to inspections conducted by the board.
95 Acts, ch 192, §37