reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.63 - Hearing — notice.

461A.63 Hearing — notice.
On the filing of said petition the commission shall fix a date for hearing thereon and shall cause notice thereof to be published in some newspaper of general circulation in each county in which said proposed water recreational area will be established, said notice to be published for two consecutive weeks.
[C66, 71, 73, 75, 77, 79, 81, §111.63]
86 Acts, ch 1245, §1877
C93, §461A.63
Referred to in §331.382, 461A.76
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.64 - Time and place.

461A.64 Time and place.
Said hearing shall not be less than ten days nor more than thirty days from the date of the last publication and shall be held in the office of the commission or such place as the commission shall decide.
[C66, 71, 73, 75, 77, 79, 81, §111.64]
86 Acts, ch 1245, §1877
C93, §461A.64
Referred to in §331.382
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.65 - Objections.

461A.65 Objections.
Any person, corporation, company, levee or drainage district, or city whose rights or interests may be affected by a proposed water recreational area may file written objections to the proposed water recreational area or to the granting of a permit for the proposed water recreational area.
[C66, 71, 73, 75, 77, 79, 81, §111.65]
C93, §461A.65
2022 Acts, ch 1021, §112
Referred to in §331.382, 461A.66
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.66 - Filing.

461A.66 Filing.
All objections under section 461A.65 shall be on file in the office of the commission not less than five days before the date of hearing on the application. The commission may permit the filing of objections later than five days before the hearing, in which event the applicant must be granted a reasonable time to meet the objections.
[C66, 71, 73, 75, 77, 79, 81, §111.66]
86 Acts, ch 1245, §1877
C93, §461A.66
2022 Acts, ch 1021, §113
Referred to in §331.382
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.67 - Examination — testimony.

461A.67 Examination — testimony.
The commission may examine the proposed water recreational area or may cause such examination to be made by an engineer or such other persons as it desires to be selected by it, who shall report the results of said examination to the commission. At said hearing the commission shall consider the petition and any objections filed thereto and may at its discretion hear such testimony as may aid it in determining the propriety of granting such permit.
[C66, 71, 73, 75, 77, 79, 81, §111.67]
86 Acts, ch 1245, §1877
C93, §461A.67
Referred to in §331.382
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.68 - Final order — condition.

461A.68 Final order — condition.
The commission may grant such permit in whole or in part upon such terms, conditions, and restrictions as may be determined by the commission to be just and proper and in the public interest. However, before any permit shall be granted to any such municipality or corporation, the commission shall, after public hearing as provided in this subchapter, determine whether the water recreational area will be in the interests of the public health and welfare and an affirmative finding to such effect shall be a condition precedent to the granting of such permit.
[C66, 71, 73, 75, 77, 79, 81, §111.68]
C93, §461A.68
2017 Acts, ch 29, §130
Referred to in §331.382
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.69 - Costs and fees.

461A.69 Costs and fees.
Applicant shall pay all costs and expenses of the hearing and necessary preliminary investigation in connection therewith, including the cost of publishing notice of hearing.
[C66, 71, 73, 75, 77, 79, 81, §111.69]
C93, §461A.69
Referred to in §331.382
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.70 - Permit.

461A.70 Permit.
The commission shall cause to be prepared a uniform blank form of permit which shall provide a space for a general description of the area authorized to be included in any water recreational area to be established hereunder, the name and address of the municipality or corporation to whom said permit is granted and the terms and conditions upon which it is granted. Said permit shall be signed by the chairperson and all other members of the commission and the official seal of said commission shall be attached thereto.
[C66, 71, 73, 75, 77, 79, 81, §111.70]
86 Acts, ch 1245, §1877
C93, §461A.70
Referred to in §331.382, 461A.71, 461A.75
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.71 - Public access and use.

461A.71 Public access and use.
Any lake in the water recreational area, together with at least twenty-five percent of the water frontage of the water recreational area and all land which adjoins and lies within one hundred yards from any point of such twenty-five percent of the water frontage, shall be permanently subject to and available for free public access and use. The municipality or corporation shall grant to the state of Iowa a perpetual easement for such public access and use, and such easement shall not be impaired or destroyed in whole or in part by nonuse. Before a permit is granted as provided in section 461A.70, the commission and the municipality or corporation shall agree on the location and description of such water frontage and land to be permanently subject to and available for free public access and use, and such location and description shall be stated in the permit. However, in lieu of the foregoing procedure, the commission and the municipality or corporation may agree that the commission may select such water frontage and land after the permit is granted, and the permit shall so state. At any time the commission, with the written consent of the municipality or corporation, may designate any additional land within the water recreational area to be permanently subject to and available for free public access and use; and the municipality or corporation shall grant to the state of Iowa a perpetual easement for such public access and use, which easement shall not be impaired or destroyed in whole or in part by nonuse. However, the commission may enter into agreements from time to time with one or more municipalities or corporations for the management, development, improvement, care, and maintenance of such lake, water frontage, and land.
[C66, 71, 73, 75, 77, 79, 81, §111.71]
86 Acts, ch 1245, §1877
C93, §461A.71
Referred to in §331.382, 461A.75
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.72 - Sale of permit.

461A.72 Sale of permit.
No permit shall be sold until the sale is approved by the commission.
[C66, 71, 73, 75, 77, 79, 81, §111.72]
C93, §461A.72
Referred to in §331.382
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.73 - Records.

461A.73 Records.
The commission shall keep a record of all permits granted and issued by it showing when and to whom issued and the location of the area of the proposed water recreational area covered thereby.
[C66, 71, 73, 75, 77, 79, 81, §111.73]
86 Acts, ch 1245, §1877
C93, §461A.73
Referred to in §331.382
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.74 - Extension of permit.

461A.74 Extension of permit.
Any municipality or corporation owning a permit granted under this subchapter, which desires to acquire an extension of the permit, may petition the commission in the same manner provided for the granting of the permit and the same proceeding shall be had on the extension petition as on an original application.
[C66, 71, 73, 75, 77, 79, 81, §111.74]
C93, §461A.74
2017 Acts, ch 29, §131
Referred to in §331.382
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.75 - Condemnation of land.

461A.75 Condemnation of land.
Whenever a permit has been granted as provided in section 461A.70 and the commission finds that the municipality or corporation owning such permit cannot acquire at a reasonable cost any necessary land or interest therein, the commission, with the approval of the executive council, may condemn such land or interest therein as provided in chapter 6B. However, such condemnation shall be limited to land and interests therein which will be permanently subject to and available for free public access and use, as provided in section 461A.71, or which will be required for a dam or other facilities necessary for the water recreational area. All costs of such condemnation, including all costs occasioned by appeal as set out in section 6B.33, and including the award and compensation for such land or interest therein, shall be paid by such municipality or corporation. The commission may permit such municipality or corporation to use such land or interest therein for the purposes of this subchapter, upon such terms, conditions and restrictions as the commission shall determine to be just and proper and for free public access and use. Title to such land or interest therein shall remain in the state of Iowa.
[C66, 71, 73, 75, 77, 79, 81, §111.75]
86 Acts, ch 1245, §1877
C93, §461A.75
2014 Acts, ch 1026, §143
Referred to in §331.382
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.76 - Contracts with local authorities.

461A.76 Contracts with local authorities.
1. Notwithstanding anything in chapter 468, subchapter I, parts 1 through 5, to the contrary, county boards of supervisors and trustees having control of any levee or drainage district established thereunder, including joint levee or drainage districts, may enter into contracts and agreements with municipalities or corporations authorized to establish water recreational areas under the provisions of this subchapter. Such contracts or agreements shall be in writing and may be made prior to or after the establishment of a water recreational area. If made prior to the establishment of a water recreational area they may be made conditional upon the final establishment of such area and if conditional upon such final establishment may be entered into prior to the hearing provided for in section 461A.63.
2. Such contracts or agreements may embrace any of the following subjects:
a. For the impoundment of drainage waters to create artificial lakes or ponds.
b. For compensation to drainage districts for drainage improvements destroyed or rendered useless by the establishment of water recreational areas and the structures, waters, or works thereof.
c. For the diversion of waters from established drainage ditches or tile drains to other channels.
d. For sanitary measures and precautions.
e. For the control of water levels in lakes, ponds or impoundments of water to avoid damage to or malfunction of drainage facilities.
f. For the construction of additional drainage facilities promoting the interests of either or both of the contracting parties.
g. For the granting of easements or licenses by one party to the other.
h. For the payment of money by one contracting party to the other in consideration of acts or performance of the other party required by such contract or agreement.
3. When any expenditure of levee or drainage district funds is proposed by the authority contained in this section and where the estimated expenditure will exceed fifty percent of the original total cost of the district and subsequent improvements therein as defined by section 468.126, the same procedure respecting notice and hearing shall be followed as is provided in said section 468.126, for repair proposals where the estimated cost of the repair exceeds fifty percent of the original total cost of the district and subsequent improvements therein.
[C66, 71, 73, 75, 77, 79, 81, §111.76]
C93, §461A.76
2011 Acts, ch 34, §106; 2014 Acts, ch 1026, §143
Referred to in §331.382
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.77 - Prohibited near borders of state.

461A.77 Prohibited near borders of state.
In order to reduce the possibility of affecting conservation measures to flood control projects which may be in progress in other states, water recreational areas shall not be established under this subchapter within seventy miles of the border of any other state.
[C66, 71, 73, 75, 77, 79, 81, §111.77]
C93, §461A.77
2020 Acts, ch 1063, §248
Referred to in §331.382
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.78 - Method not exclusive.

461A.78 Method not exclusive.
This subchapter shall not be the exclusive method for establishing a water recreational area.
[C66, 71, 73, 75, 77, 79, 81, §111.78]
91 Acts, ch 246, §4
C93, §461A.78
2014 Acts, ch 1026, §143; 2021 Acts, ch 48, §3
Referred to in §331.382
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.80 - Public outdoor recreation and resources advisory council.

461A.80 Public outdoor recreation and resources advisory council.
1. An advisory council for public outdoor recreation and resources appropriations made for the purposes of section 461A.79 is created. The council shall consist of a public member appointed by the governor from each congressional district, the chairperson of the commission, the director, and a designee of the economic development authority.
2. Each county conservation board of those counties which are located in a congressional district shall nominate one person from the congressional district for appointment to the advisory council. The commission shall compile a list of the nominations of the county conservation boards for each congressional district and shall provide this list to the governor. The governor shall appoint one member from each congressional district from the nominations as provided. Appointments shall be made for three-year terms beginning July 1 in the year of appointment. A person shall not serve more than two terms. A vacancy shall be filled for the unexpired term in the same manner as the original appointment was made.
3. No more than three public members shall belong to the same political party. The council shall elect a chairperson annually from among the council’s members, and the director shall serve as council secretary. Persons already serving in an elected or appointed governmental capacity are not eligible to serve as council members.
4. The advisory council shall meet annually, in July, and upon the call of the chairperson of the advisory council. The advisory council shall make policy recommendations to the commission regarding the projects and programs to be funded from funds available for public outdoor recreation and resources from appropriations made for the purposes of section 461A.79.
5. The public members of the advisory council shall be reimbursed for actual and necessary expenses for each day employed in the official discharge of their duties. The expenses shall be paid from the administration fund of the commission. Each member of the council may also be eligible to receive compensation as provided in section 7E.6.
84 Acts, ch 1262, §2
C85, §111.80
86 Acts, ch 1245, §1866, 1877
C93, §461A.80
94 Acts, ch 1107, §75; 2011 Acts, ch 118, §85, 89; 2012 Acts, ch 1021, §83
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.81 - State lands volunteer program — liability.

461A.81 State lands volunteer program — liability.
The department shall establish a state lands volunteer program to authorize nonprofit organizations, and individuals providing services on behalf of the nonprofit organizations, to provide, at no compensation, volunteer services for the benefit of state parks and recreation areas, state game and forest areas, or other lands under the jurisdiction of the department of natural resources. The department shall adopt rules governing the administration of the program to include eligibility requirements for nonprofit organizations participating in the program and provisions governing approved volunteer duties or services. Nonprofit organizations, and individuals providing services on behalf of nonprofit organizations, authorized to provide volunteer services for no compensation by the department pursuant to this section shall be considered state volunteers and afforded the same protections as provided in section 669.24 while performing approved volunteer duties or services on state lands, as described in this section, as a volunteer.
2014 Acts, ch 1046, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461B - USE OF STATE WATERS BY NONRESIDENTS › Section 461B.1 - Legal effect of use and operation.

461B.1 Legal effect of use and operation.
The use, operation or maintenance by any nonresident of watercraft in the waters of this state, shall be deemed an appointment by such nonresident of the secretary of state as the nonresident’s true and lawful attorney upon whom may be served all original notices of suit growing out of such use, operation or maintenance or resulting in damage or loss to person or property and said use, operation or maintenance shall be deemed an agreement by such nonresident that any original notice of suit so served shall be of the same legal force and validity as if personally served on the nonresident in this state.
[C62, 66, 71, 73, 75, 77, 79, 81, §106A.1]
C93, §461B.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461B - USE OF STATE WATERS BY NONRESIDENTS › Section 461B.2 - “Person” defined.

461B.2 “Person” defined.
The term “person” as used in this chapter means:
1. The owner of watercraft whether it is being used and operated personally by said owner or by the owner’s agent.
2. An agent using and operating the watercraft for the agent’s principal.
3. Any person who is in charge of the watercraft and of the use and operation thereof with the express or implied consent of the owner.
[C62, 66, 71, 73, 75, 77, 79, 81, §106A.2]
C93, §461B.2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461B - USE OF STATE WATERS BY NONRESIDENTS › Section 461B.3 - Original notice — form.

461B.3 Original notice — form.
The original notice of suit filed with the secretary of state shall be in form and substance the same as now provided in suits against residents of this state, except that the part of said notice pertaining to the return day shall be in substantially the following form, to wit:
“and unless you appear thereto and defend in the district court of Iowa in and for ............................ county at the courthouse in ................................, Iowa before noon of the sixtieth day following the filing of this notice with the secretary of state, default will be entered and judgment rendered against you.”
[C62, 66, 71, 73, 75, 77, 79, 81, §106A.3]
C93, §461B.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461B - USE OF STATE WATERS BY NONRESIDENTS › Section 461B.4 - Manner of service.

461B.4 Manner of service.
Plaintiff in any such action shall cause the original notice of suit to be served as follows:
1. By filing a copy of said original notice of suit with said secretary of state, together with a fee of four dollars, and
2. By mailing to the defendant, and to each of the defendants if more than one, within ten days after said filing with the secretary of state, by restricted certified mail addressed to the defendant at the defendant’s last known residence or place of abode, a notification of the said filing with the secretary of state.
[C62, 66, 71, 73, 75, 77, 79, 81, §106A.4; 81 Acts, ch 21, §4]
C93, §461B.4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461B - USE OF STATE WATERS BY NONRESIDENTS › Section 461B.5 - Notification to nonresident — form.

461B.5 Notification to nonresident — form.
The notification, provided for by this chapter, shall be substantially in the following form, to wit:
To ........................ (Here insert the name of each defendant and the defendant’s residence or last known place of abode.)
You will take notice that an original notice of suit against you, a copy of which is hereto attached, was duly served upon you at Des Moines, Iowa, by filing a copy of said notice on the ................ day of ........................ (month), ............ (year), with the secretary of state.
Dated at ........................, Iowa, this ................ day of ........................ (month), ............ (year)
....................................
Plaintiff
By ............................
Attorney for Plaintiff
[C62, 66, 71, 73, 75, 77, 79, 81, §106A.5]
C93, §461B.5
2000 Acts, ch 1058, §56
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461B - USE OF STATE WATERS BY NONRESIDENTS › Section 461B.6 - Optional notification.

461B.6 Optional notification.
In lieu of mailing said notification to the defendant in a foreign state, plaintiff may cause said notification to be personally served in the foreign state on the defendant by any adult person not a party to the suit, by delivering said notification to the defendant or by offering to make such delivery in case defendant refuses to accept delivery.
[C62, 66, 71, 73, 75, 77, 79, 81, §106A.6]
C93, §461B.6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461B - USE OF STATE WATERS BY NONRESIDENTS › Section 461B.7 - Proof of service.

461B.7 Proof of service.
Proof of the filing of a copy of said original notice of suit with the secretary of state, and proof of the mailing or personal delivery of said notification to said nonresident shall be made by affidavit of the party doing said acts. All affidavits of service shall be endorsed upon or attached to the originals of the papers to which they relate. All proofs of service, including the restricted certified mail return receipt, shall be forthwith filed with the clerk of the district court.
[C62, 66, 71, 73, 75, 77, 79, 81, §106A.7]
C93, §461B.7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461B - USE OF STATE WATERS BY NONRESIDENTS › Section 461B.8 - Actual service within this state.

461B.8 Actual service within this state.
The provisions of this chapter relative to service of original notice of suit on nonresidents shall not be deemed to prevent actual personal service in this state upon the nonresident in the time, manner, form, and under the conditions provided for service on residents.
[C62, 66, 71, 73, 75, 77, 79, 81, §106A.8]
C93, §461B.8
2009 Acts, ch 133, §157
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461B - USE OF STATE WATERS BY NONRESIDENTS › Section 461B.9 - Venue of actions.

461B.9 Venue of actions.
Actions against nonresidents as contemplated by this chapter may be brought in the county of which plaintiff is a resident, or in the county in which the injury was received or damage done.
[C62, 66, 71, 73, 75, 77, 79, 81, §106A.9]
C93, §461B.9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461B - USE OF STATE WATERS BY NONRESIDENTS › Section 461B.10 - Continuances.

461B.10 Continuances.
The court in which such action is pending shall grant such continuances to a nonresident defendant as may be necessary to afford the nonresident defendant reasonable opportunity to defend said action.
[C62, 66, 71, 73, 75, 77, 79, 81, §106A.10]
C93, §461B.10
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461B - USE OF STATE WATERS BY NONRESIDENTS › Section 461B.11 - Duty of secretary of state.

461B.11 Duty of secretary of state.
The secretary of state shall keep a record of all notices of suit filed with the secretary, shall not permit said filed notices to be taken from the secretary’s office except on an order of court and shall, on request, and without fee, furnish any defendant with a certified copy of the notice in which the person is defendant.
[C62, 66, 71, 73, 75, 77, 79, 81, §106A.11]
C93, §461B.11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461B - USE OF STATE WATERS BY NONRESIDENTS › Section 461B.12 - Expenses and attorney fees.

461B.12 Expenses and attorney fees.
If judgment is rendered against the plaintiff upon the trial of said action, said judgment shall include the reasonable expenses incurred by the defendant and the defendant’s attorney in appearing to and defending against said action, provided that in the judgment of the trial court said action was commenced maliciously or without probable cause.
[C62, 66, 71, 73, 75, 77, 79, 81, §106A.12]
C93, §461B.12
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461B - USE OF STATE WATERS BY NONRESIDENTS › Section 461B.13 - Dismissal — effect.

461B.13 Dismissal — effect.
The dismissal of an action after the nonresident has entered a general appearance under the substituted service herein authorized shall bar the recommencement of the same action against the same defendant unless said recommenced action is accompanied by actual personal service of the original notice of suit on said defendant in this state.
[C62, 66, 71, 73, 75, 77, 79, 81, §106A.13]
C93, §461B.13
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461B - USE OF STATE WATERS BY NONRESIDENTS › Section 461B.14 - Action against insurance.

461B.14 Action against insurance.
Any contract insuring the liability of a nonresident operator of a motorboat in Iowa shall, in case of the death of said nonresident, be considered an asset of the nonresident’s estate having a situs in Iowa in any civil action arising out of an accident in which said nonresident may be liable.
[C62, 66, 71, 73, 75, 77, 79, 81, §106A.14]
C93, §461B.14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461C - PUBLIC USE OF PRIVATE LANDS AND WATERS › Section 461C.1 - Purpose.

461C.1 Purpose.
The purpose of this chapter is to encourage private holders of land to make land and water areas available to the public for a recreational purpose and for urban deer control by limiting a holder’s liability toward persons entering onto the holder’s property for such purposes. The provisions of this chapter shall be construed liberally and broadly in favor of private holders of land to accomplish the purposes of this chapter.
[C71, 73, 75, 77, 79, 81, §111C.1]
C93, §461C.1
2006 Acts, ch 1121, §1; 2007 Acts, ch 22, §84; 2013 Acts, ch 128, §1; 2013 Acts, ch 140, §29, 39
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461C - PUBLIC USE OF PRIVATE LANDS AND WATERS › Section 461C.2 - Definitions.

461C.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Charge” means any consideration, the admission price or fee asked in return for invitation or permission to enter or go upon the land.
2. “Holder” means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises; provided, however, holder shall not mean the state of Iowa, its political subdivisions, or any public body or any agencies, departments, boards, or commissions thereof.
3. “Land” means private land that is one or any combination of the following: abandoned or inactive surface mines; caves; land used for agricultural purposes; marshlands; timber; grasslands; or the privately owned roads, paths, trails, waters, water courses, exteriors and interiors of buildings, structures, machinery, or equipment appurtenant thereto. “Land” includes land that is not open to the general public. “Land” also includes private land located in a municipality in connection with and while being used for urban deer control.
4. “Municipality” means any city or county in the state.
5. “Recreational purpose” means the following or any combination thereof: hunting, trapping, horseback riding, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, motorcycling, all-terrain vehicle riding, nature study, water skiing, snowmobiling, other summer and winter sports, educational activities, and viewing or enjoying historical, archaeological, scenic, or scientific sites while going to and from or actually engaged therein. “Recreational purpose” includes the activity of accompanying another person who is engaging in such activities. “Recreational purpose” is not limited to active engagement in such activities, but includes entry onto, use of, passage over, and presence on any part of the land in connection with or during the course of such activities.
6. “Urban deer control” means deer hunting with a bow and arrow on private land in a municipality, without charge, as authorized by a municipal ordinance, for the purpose of reducing or stabilizing an urban deer population in the municipality. “Urban deer control” is not limited to active engagement in the activity of urban deer control but includes entry onto, use of, passage over, and presence on any part of the land in connection with or during the course of such activity.
[C71, 73, 75, 77, 79, 81, §111C.2]
88 Acts, ch 1216, §46
C93, §461C.2
2006 Acts, ch 1121, §2, 3; 2012 Acts, ch 1100, §58; 2013 Acts, ch 128, §2; 2013 Acts, ch 140, §29, 39
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461C - PUBLIC USE OF PRIVATE LANDS AND WATERS › Section 461C.3 - Liability of holder limited.

461C.3 Liability of holder limited.
1. Except as specifically recognized by or provided in section 461C.6, a holder of land does not owe a duty of care to keep the premises safe for entry or use by others for a recreational purpose or urban deer control, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes.
2. Except as specifically recognized by or provided in section 461C.6, a holder of land does not owe a duty of care to others solely because the holder is guiding, directing, supervising, or participating in any recreational purpose or urban deer control undertaken by others on the holder’s land.
[C71, 73, 75, 77, 79, 81, §111C.3]
C93, §461C.3
2006 Acts, ch 1121, §4; 2013 Acts, ch 128, §3; 2013 Acts, ch 140, §29, 39
Referred to in §461C.5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461C - PUBLIC USE OF PRIVATE LANDS AND WATERS › Section 461C.4 - Users not invitees or licensees.

461C.4 Users not invitees or licensees.
Except as specifically recognized by or provided in section 461C.6, a holder of land who either directly or indirectly invites or permits without charge any person to use such property for a recreational purpose or urban deer control does not thereby:
1. Extend any assurance that the premises are safe for any purpose.
2. Confer upon such person the legal status of an invitee or licensee to whom the duty of care is owed.
3. Assume a duty of care to such person solely because the holder is guiding, directing, supervising, or participating in any recreational purpose or urban deer control undertaken by the person on the holder’s land.
4. Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.
[C71, 73, 75, 77, 79, 81, §111C.4]
C93, §461C.4
2006 Acts, ch 1121, §5; 2013 Acts, ch 128, §4, 5; 2013 Acts, ch 140, §29, 39
Referred to in §461C.5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461C - PUBLIC USE OF PRIVATE LANDS AND WATERS › Section 461C.5 - Duties and liabilities of holder of leased land.

461C.5 Duties and liabilities of holder of leased land.
Unless otherwise agreed in writing, the provisions of sections 461C.3 and 461C.4 shall be deemed applicable to the duties and liability of a holder of land leased, or any interest or right therein transferred to, or the subject of any agreement with, the United States or any agency thereof, or the state or any agency or subdivision thereof, for a recreational purpose or urban deer control.
[C71, 73, 75, 77, 79, 81, §111C.5]
C93, §461C.5
2006 Acts, ch 1121, §6; 2013 Acts, ch 128, §6; 2013 Acts, ch 140, §29, 39
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461C - PUBLIC USE OF PRIVATE LANDS AND WATERS › Section 461C.6 - When liability lies against holder.

461C.6 When liability lies against holder.
Nothing in this chapter limits in any way any liability which otherwise exists:
1. For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
2. For injury suffered in any case where the holder of land charges the person or persons who enter or go on the land for the recreational use thereof or for deer hunting, except that in the case of land or any interest or right therein, leased or transferred to, or the subject of any agreement with, the United States or any agency thereof or the state or any agency thereof or subdivision thereof, any consideration received by the holder for such lease, interest, right, or agreement shall not be deemed a charge within the meaning of this section.
[C71, 73, 75, 77, 79, 81, §111C.6]
C93, §461C.6
2006 Acts, ch 1121, §7; 2013 Acts, ch 128, §7; 2013 Acts, ch 140, §29, 39
Referred to in §461C.3, 461C.4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461C - PUBLIC USE OF PRIVATE LANDS AND WATERS › Section 461C.7 - Construction of law.

461C.7 Construction of law.
Nothing in this chapter shall be construed to:
1. Create a duty of care or ground of liability for injury to persons or property.
2. Relieve any person using the land of another for a recreational purpose or urban deer control from any obligation which the person may have in the absence of this chapter to exercise care in the use of such land and in the person’s activities thereon, or from the legal consequences of failure to employ such care.
3. Amend, repeal or modify the common law doctrine of attractive nuisance.
[C71, 73, 75, 77, 79, 81, §111C.7]
C93, §461C.7
2006 Acts, ch 1121, §8; 2013 Acts, ch 128, §8; 2013 Acts, ch 140, §29, 39
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461C - PUBLIC USE OF PRIVATE LANDS AND WATERS › Section 461C.8 - Urban deer control — municipal ordinance.

461C.8 Urban deer control — municipal ordinance.
1. A municipality may adopt an ordinance authorizing trained, volunteer hunters to hunt deer with a bow and arrow on private land within the municipality, without charge, for the purpose of urban deer control.
2. The ordinance shall specify all of the following:
a. How a person qualifies to participate in urban deer control.
b. Where urban deer control can occur.
c. Conditions under which urban deer control can be conducted, which are intended to minimize the risk of injury to persons and property.
3. A hunter who participates in urban deer control pursuant to this section shall be otherwise qualified to hunt deer in this state, purchase a hunting license that includes the wildlife habitat fee, and obtain a special deer hunting license valid only for the dates, locations, and type of deer specified on the license. Special deer hunting licenses issued pursuant to this section shall be available only to residents and shall cost the same as deer hunting licenses issued during general deer seasons. The commission may establish procedures for issuing more than one license per person as necessary to achieve the purposes of urban deer control, and the cost of each additional license shall be ten dollars.
4. An urban deer control ordinance is not effective until it has been approved by the department of natural resources.
5. The department of natural resources shall adopt rules in accordance with chapter 17A necessary for the administration of this section.
2006 Acts, ch 1121, §9; 2012 Acts, ch 1096, §1, 23
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461C - PUBLIC USE OF PRIVATE LANDS AND WATERS › Section 461C.10 - Limitation on liability.

461C.10 Limitation on liability.
The limitation on legal liability provided in this chapter is in addition to any other limitation of legal liability otherwise provided by law, including as provided in chapters 673 and 673A.
2021 Acts, ch 104, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462 - LANDOWNER LIABILITY TO TRESPASSERS › Section 462.1 - Liability of possessors and occupants of land to trespassers.

462.1 Liability of possessors and occupants of land to trespassers.
1. A possessor of any fee, reversionary, or easement interest in real property, including but not limited to an owner, lessee, or other lawful occupant, owes no duty of care to a trespasser except to refrain from willfully or wantonly injuring the trespasser and to use reasonable care to avoid injuring the trespasser after that trespasser’s presence becomes known.
2. This section shall not be construed to affect the common law doctrine of attractive nuisance.
3. This section does not create or increase the civil liability of any possessor or occupant of real property and does not affect any immunities from or defenses to civil liability established by another section of the Code or available at common law to which a possessor or occupant of real property may be entitled.
2017 Acts, ch 129, §1, 2
Section applies to all causes of action accrued on or after July 1, 2017;
2017 Acts, ch 129, §2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.1 - Declaration of policy.

462A.1 Declaration of policy.
It is the policy of this state to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote uniformity of laws relating thereto.
[C97, §2511; C24, 27, 31, §1691; C35, §1703-e1; C39, §1703.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §106.1]
C93, §462A.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.3 - Powers and duties of commission.

462A.3 Powers and duties of commission.
1. The commission is vested with the power and is charged with the duty of observing, administering, and enforcing the provisions of this chapter.
2. The commission may adopt and enforce rules under chapter 17A as necessary to carry out this chapter and to protect private and public property and the health, safety, and welfare of the public. In adopting rules, the commission shall give consideration to the various uses to which they may be put by and for public and private purposes, the preservation of each body of water, its bed, waters, ice, banks, and public and private property attached thereto, and the need for uniformity of rules relating to the use, operation, and equipment of vessels and vehicles.
[C97, §2511, 2512; S13, §2512; C24, 27, 31, §1691, 1692, 1694; C35, §1703-e1 – 1703-e3; C39, §1703.01 – 1703.03, 1703.26; C46, 50, 54, 58, §106.1 – 106.3, 106.26; C62, 66, 71, 73, 75, 77, 79, 81, §106.3; 82 Acts, ch 1028, §4]
86 Acts, ch 1245, §1826
C93, §462A.3
2019 Acts, ch 24, §63
Referred to in §462A.26
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.3A - Public use of water for navigation purposes.

462A.3A Public use of water for navigation purposes.
Water occurring in any river, stream, or creek having definite banks and bed with visible evidence of the flow of water is flowing surface water and is declared to be public waters of the state of Iowa and subject to use by the public for navigation purposes in accordance with law. Land underlying flowing surface water is held subject to a trust for the public use of the water flowing over it. Such use is subject to the same rights, duties, limitations, and regulations as presently apply to meandered streams, or other streams deemed navigable for commercial purposes and to any reasonable use by the owner of the land lying under and next to the flowing surface water.
[82 Acts, ch 1028, §34]
C83, §106.69
C93, §462A.69
2015 Acts, ch 30, §204
C2016, §462A.3A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.3B - Reciprocity.

462A.3B Reciprocity.
1. The director, with the consent of the commission, may enter into agreements with the appropriate regulatory agencies of other states as necessary or convenient to carry out the purposes of this chapter and not inconsistent with this chapter, and may do all acts contained in the agreements.
2. The agreements may include, but are not restricted to, the following provisions:
a. Regulations in regard to registration, numbering, and equipment of vessels.
b. Operating requirements for vessels and vessel operators.
c. Enforcement activity of officers.
[82 Acts, ch 1028, §36]
C83, §106.71
C93, §462A.71
2011 Acts, ch 25, §143; 2015 Acts, ch 30, §204
C2016, §462A.3B
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.4 - Operation of unnumbered vessels prohibited.

462A.4 Operation of unnumbered vessels prohibited.
Except as provided in sections 462A.6 and 462A.6A, every vessel on the waters of this state under the jurisdiction of the commission shall be numbered. A person shall not operate, maintain, or give permission for the operation or maintenance of any vessel on such waters unless the vessel is numbered in accordance with this chapter or in accordance with applicable federal laws or in accordance with a federally approved numbering system of another state and unless the certificate of number awarded to the vessel is in full force and effect.
[C97, §2512; S13, §2512; C24, 27, 31, §1692; C35, §1703-e2, 1703-e7; C39, §1703.02, 1703.07; C46, 50, 54, 58, §106.2, 106.7; C62, 66, 71, 73, 75, 77, 79, 81, §106.4; 82 Acts, ch 1028, §5]
86 Acts, ch 1245, §1826; 88 Acts, ch 1183, §1
C93, §462A.4
2022 Acts, ch 1032, §70
Referred to in §462A.77, 805.8B(1)(b)
For applicable scheduled fines, see §805.8B, subsection 1, paragraph b
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.5A - Filing bond as assurance of ownership.

462A.5A Filing bond as assurance of ownership.
An applicant for registration of a vessel for which the county recorder is not satisfied as to the ownership of the vessel as provided in section 462A.5, subsection 1, shall file with the department a bond in the form prescribed by the department and executed by the applicant, and also executed by a person authorized to conduct a surety business in this state. The form and amount of the bond shall be established by rule of the department. The bond shall be conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the vessel or person acquiring any security interest in the vessel, and their respective successors in interest, against any expense, loss, or damage, including reasonable attorney fees, by reason of the issuance of the registration certificate of the vessel or on account of any defect in or undisclosed security interest upon the right, title, and interest of the applicant in and to the vessel. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall be returned at the end of three years or prior thereto if the vessel is no longer registered in this state and the registration certificate is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.
2002 Acts, ch 1113, §10
Referred to in §462A.5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.6 - Exemption from registration provisions of this chapter.

462A.6 Exemption from registration provisions of this chapter.
A vessel shall not be required to be registered if it is:
1. Covered by a number in full force and effect which has been awarded to it pursuant to a federally approved numbering system of another state if such vessel shall not have been within this state for a period in excess of sixty days within one calendar year.
2. Foreign vessels temporarily using the navigable waters of the United States and of this state.
3. A public vessel of the United States, a state or subdivision thereof which is used for enforcement, search and rescue or official research and studies, but not including vessels used for recreation or commercial purposes.
4. A ship’s lifeboat.
5. A type of vessel which has been exempted from registration by the commission after said commission has found that the registration or numbering of such vessel will not materially aid in their identification and such vessel would be exempt from numbering if it were subject to federal law.
6. An air mattress, inner tube, or other toy or beach type item which is being used in a recognized swimming area. In the case of a natural lake or reservoir these beach or swimming areas may be less, but in no case shall exceed three hundred feet from shore.
7. The following nonpower or nonsail vessels:
a. Inflatable vessels, seven feet or less in length.
b. Conventional design canoes and kayak type vessels, thirteen feet or less in length.
[C39, §1703.16, 1703.22; C46, 50, 54, 58, §106.16, 106.22; C62, 66, 71, 73, 75, 77, 79, 81, §106.6]
C93, §462A.6
Referred to in §462A.4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.6A - Exemption from display of registration and capacity numbers.

462A.6A Exemption from display of registration and capacity numbers.
The following vessels are exempt from displaying a registration number and a passenger capacity number as required in section 462A.5:
1. Authentically constructed native American styled craft including birchbark canoes, dugout canoes, competitive racing shells, reed boats, and skin-covered canoes or boats.
2. Historically styled craft such as keel boats used only during historic recreations or public demonstrations.
3. A vessel which has a valid marine document issued by the United States coast guard and the vessel bears the identification required in the document.
4. A sailboard. However, the registration decal shall be attached to the bottom surface of the bow.
88 Acts, ch 1183, §2
C89, §106.6A
92 Acts, ch 1131, §2
C93, §462A.6A
Referred to in §462A.4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.8 - Transmittal of information.

462A.8 Transmittal of information.
When any request is duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the commission under this chapter shall be transmitted to that official or agency.
[C62, 66, 71, 73, 75, 77, 79, 81, §106.8]
C93, §462A.8
2021 Acts, ch 76, §120
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.10 - Boat liveries.

462A.10 Boat liveries.
1. The owner of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any vessel which is designed or permitted by the owner to be operated for hire, the identification number thereof, the departure date and time and the expected time of return. The records shall be preserved for six months.
2. The owner of a boat livery shall not permit any of the owner’s vessels, operated for hire, to depart from the owner’s premises unless it shall have been provided, either by the owner or renter, with the equipment required by the commission.
[C97, §2512; S13, §2512; C24, 27, 31, §1692; C35, §1703-e2; C39, §1703.02, 1703.11, 1703.24; C46, 50, 54, 58, §106.2, 106.11, 106.24; C62, 66, 71, 73, 75, 77, 79, 81, §106.10]
C93, §462A.10
Referred to in §805.8B(1)(b)
For applicable scheduled fines, see §805.8B, subsection 1, paragraph b