reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456B - SPECIAL PROVISIONS — NATURAL RESOURCES DEPARTMENT › Section 456B.11 - Agricultural drainage wells — wetlands — conservation easements.

456B.11 Agricultural drainage wells — wetlands — conservation easements.
The department shall develop and implement a program for the acquisition of wetlands and conservation easements on and around wetlands that result from the closure or change in use of agricultural drainage wells upon implementation of the programs specified in section 460.302 to eliminate groundwater contamination caused by the use of agricultural drainage wells. The program shall be coordinated with the department of agriculture and land stewardship. The department may use moneys appropriated for this purpose from the agriculture management account of the groundwater protection fund in addition to other moneys available for wetland acquisition, protection, development, and management.
87 Acts, ch 225, §301
CS87, §108.11
C93, §456B.11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456B - SPECIAL PROVISIONS — NATURAL RESOURCES DEPARTMENT › Section 456B.12 - Inventory of protected wetlands.

456B.12 Inventory of protected wetlands.
1. The department shall inventory the wetlands and marshes of each county and make a preliminary designation as to which constitute protected wetlands. The department shall consult with the county conservation board in making the preliminary designations. Upon completion of the inventory with preliminary designations, the department shall use an existing map or prepare a map and a list of the marshes and wetlands which are designated as protected wetlands in each county. The department shall file at least one copy of the list and map with the county conservation board and the county recorder. The department shall notify the landowners affected by the preliminary wetlands designation by certified mail. The notice shall state that any person may challenge the designation of the protected wetlands or may request the designation of additional marshes or wetlands as protected wetlands, by doing one of the following:
a. Filing a petition for a hearing with the director within sixty days following the date of notice. The petition shall state specifically the reasons for disputing the preliminary designations of the department. The hearing shall be held in the county within sixty days following the expiration of the sixty-day period for filing petitions.
b. Filing a request for mediation with the farm mediation service as provided in section 654A.16 within sixty days following the date of the notice. The department shall participate in mediation as provided in section 654A.16.
2. Within sixty days following the completion of the hearing, or the issuance of a mediation release in which both parties agree to the designation or no agreement is reached, the director shall issue an order designating the protected wetlands in the county. The order shall be considered a final decision of the department in a contested case for the purposes of judicial review pursuant to chapter 17A.
90 Acts, ch 1199, §2
C91, §108.12
C93, §456B.12
2011 Acts, ch 25, §143
Referred to in §427.1(23), 654A.16
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456B - SPECIAL PROVISIONS — NATURAL RESOURCES DEPARTMENT › Section 456B.13 - Protection of wetlands.

456B.13 Protection of wetlands.
1. A person shall not drain a protected wetland without first obtaining a permit from the department.
2. The department shall not issue a permit to drain a protected wetland except under one of the following conditions:
a. The protected wetland is replaced by the applicant with a wetland of equal or greater value as determined by the department.
b. The protected wetland does not meet the criteria for continued designation as a protected wetland.
3. This section does not prohibit any of the following:
a. A landowner utilizing the bed of a protected wetland for pasture or cropland if there is no construction of dikes, ditches, tile lines, or buildings and the agricultural use does not result in drainage.
b. A person maintaining, repairing, or replacing an improvement to a drainage district as provided in chapter 468, as long as the improvement continues to serve the drainage district and the functions of the improvement are not expanded beyond the scope of functions as designed prior to the maintenance, repair, or replacement.
90 Acts, ch 1199, §3
C91, §108.13
91 Acts, ch 172, §1
C93, §456B.13
98 Acts, ch 1025, §1
Referred to in §456B.14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 456B - SPECIAL PROVISIONS — NATURAL RESOURCES DEPARTMENT › Section 456B.14 - Civil penalty.

456B.14 Civil penalty.
A person who violates the permit requirement of section 456B.13 is subject to a civil penalty of not more than five hundred dollars for each day that the violation continues. A civil penalty assessed under this section shall not apply until the fourth day after a violator is given written notification of the violation.
90 Acts, ch 1199, §4
C91, §108.14
C93, §456B.14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 457A - CONSERVATION EASEMENTS › Section 457A.1 - Acquisition by other than condemnation.

457A.1 Acquisition by other than condemnation.
The department of natural resources, soil and water conservation districts as provided in chapter 161A, the historical division of the department of cultural affairs, the state archaeologist appointed by the state board of regents pursuant to section 263B.1, any county conservation board, and any city or agency of a city may acquire by purchase, gift, contract, or other voluntary means, but not by eminent domain, conservation easements in land to preserve scenic beauty, wildlife habitat, riparian lands, wetlands, or forests; promote outdoor recreation, agriculture, soil or water conservation, or open space; or otherwise conserve for the benefit of the public the natural beauty, natural and cultural resources, and public recreation facilities of the state.
[C71, 73, 75, 77, 79, 81, §111D.1; 82 Acts, ch 1199, §58, 96]
86 Acts, ch 1245, §1873
C93, §457A.1
2002 Acts, ch 1012, §1; 2003 Acts, ch 128, §1
Referred to in §457A.2, 457A.5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 457A - CONSERVATION EASEMENTS › Section 457A.2 - Definitions.

457A.2 Definitions.
1. “Conservation easement” means an easement in, servitude upon, restriction upon the use of, or other interest in land owned by another, created for any of the purposes set forth in section 457A.1. A conservation easement shall be transferable to any other public body authorized to acquire conservation easements. A conservation easement shall be perpetual unless expressly limited to a lesser term, or unless released by the holder, or unless a change of circumstances renders the easement no longer beneficial to the public. A comparative economic test shall not be used to determine whether a conservation easement is beneficial to the public. A conservation easement shall be enforceable during the term of the easement notwithstanding sections 614.24 through 614.38.
2. “Natural and cultural resources” includes, but is not limited to, archaeological and historical resources.
[C71, 73, 75, 77, 79, 81, §111D.2]
86 Acts, ch 1245, §1874
C93, §457A.2
2002 Acts, ch 1012, §2; 2003 Acts, ch 44, §70
Referred to in §457A.8, 462B.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 457A - CONSERVATION EASEMENTS › Section 457A.3 - Recording.

457A.3 Recording.
Conservation easements shall be recorded as other instruments affecting real estate are recorded, and each public body acquiring one or more conservation easements shall maintain a current inventory thereof. Unrecorded and uninventoried conservation easements shall be deemed abandoned.
[C71, 73, 75, 77, 79, 81, §111D.3]
C93, §457A.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 457A - CONSERVATION EASEMENTS › Section 457A.5 - Rule of construction.

457A.5 Rule of construction.
The powers accorded by this chapter shall be in addition to, and not in derogation of, all powers provided by law with respect to the public bodies named in section 457A.1.
[C71, 73, 75, 77, 79, 81, §111D.5]
C93, §457A.5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 457A - CONSERVATION EASEMENTS › Section 457A.8 - Privately held easements.

457A.8 Privately held easements.
A conservation easement may be held by a private, nonprofit organization for public benefit if the instrument granting the easement or the bylaws of the organization provide that the easement will be transferred either to a public body or another private, nonprofit organization upon the dissolution of the private, nonprofit organization. A conservation easement meeting these requirements acquired after July 1, 1984 is transferable and perpetual as provided in section 457A.2.
84 Acts, ch 1115, §1
C85, §111D.8
C93, §457A.8
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.1 - Declaration of policy.

458A.1 Declaration of policy.
It is declared to be in the public interest to foster, to encourage, and to promote the development, production, and utilization of natural resources of oil and gas and metallic minerals in the state in such a manner as will prevent waste; to authorize and to provide for the operation and development of oil and gas and metallic minerals properties in such a manner that a greater ultimate recovery of oil and gas and metallic minerals be had and that the correlative rights of all owners be fully protected; and to encourage and to authorize such measures as will result in the greatest possible economic recovery of oil and gas and metallic minerals within the state to the end that the landowners, the royalty owners, the producers, and the general public realize and enjoy the greatest possible good from these vital natural resources. It is further declared that the general welfare of the people requires that the underground and surface water of the state be protected from pollution and conserved in the best interests of the people of the state.
[C39, §1360.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §84.1; 81 Acts, ch 41, §1]
C93, §458A.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.5 - Drilling permit required.

458A.5 Drilling permit required.
It is unlawful to commence operations for the drilling of a well for oil or gas or the production of metallic minerals or to commence operations to deepen any well to a different geological formation without first giving the director notice of intention to drill, and without first obtaining a permit from the director, under rules prescribed by the department and paying to the department a fee established by rule of the department for the well. The fee shall be deposited in the general fund of the state.
[C39, §1360.03; C46, 50, 54, 58, 62, §84.3; C66, 71, 73, 75, 77, 79, 81, §84.5; 81 Acts, ch 41, §4; 82 Acts, ch 1199, §41, 96]
86 Acts, ch 1245, §1815, 1816
C93, §458A.5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.6 - Department shall determine market demand and regulate the amount of production.

458A.6 Department shall determine market demand and regulate the amount of production.
The department shall determine market demand for each marketing district and regulate the amount of production as follows:
1. The department shall limit the production of oil and gas within each marketing district to that amount which can be produced without waste, and which does not exceed the reasonable market demand.
2. When the department limits the total amount of oil or gas which may be produced in the state or a marketing district, the department shall allocate or distribute the allowable production among the pools in the district on a reasonable basis, giving, where reasonable under the circumstances to each pool with small wells of settled production, an allowable production which prevents the general premature abandonment of the wells in the pool.
3. When the department limits the total amount of oil or gas which may be produced in any pool in this state to an amount less than that amount which the pool could produce if no restriction were imposed, which limitation is imposed either incidental to, or without, a limitation of the total amount of oil or gas produced in the marketing district wherein the pool is located, the department shall allocate or distribute the allowable production among the wells or producing properties in the pool on a reasonable basis, preventing or minimizing reasonable avoidable drainage, so that each property will have the opportunity to produce or to receive its just and equitable share, subject to the reasonable necessities for the prevention of waste.
4. In allocating the market demand for gas between pools within marketing districts, the department shall give due regard to the fact that gas produced from oil pools is to be regulated in a manner which will protect the reasonable use of its energy for oil production.
5. The department is not required to determine the reasonable market demand applicable to any single pool, except in relation to all other pools within the same marketing district, and in relation to the demand applicable to the marketing district. In allocating allowables to pools, the department may consider, but is not bound by nominations of purchasers to purchase from particular fields, pools, or portions thereof. The department shall allocate the total allowable for the state in a manner which prevents undue discrimination between marketing districts, fields, pools, or portions thereof resulting from selective buying or nomination by purchasers.
[C66, 71, 73, 75, 77, 79, 81, §84.6; 82 Acts, ch 1199, §42, 96]
C93, §458A.6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.7 - Department shall set spacing units.

458A.7 Department shall set spacing units.
The department shall set spacing units as follows:
1. When necessary to prevent waste, to avoid the drilling of unnecessary wells, or to protect correlative rights, the department shall establish spacing units for a pool. Spacing units when established shall be of uniform size and shape for the entire pool, except that when found to be necessary for any of the purposes above mentioned, the department may divide any pool into zones and establish spacing units for each zone, which units may differ in size and shape from those established in any other zone.
2. The size and shape of spacing units are to be such as will result in the efficient and economical development of the pool as a whole.
3. An order establishing spacing units for a pool shall specify the size and shape of each unit and the location of the permitted well thereon in accordance with a reasonably uniform spacing plan. Upon application, if the director finds that a well drilled at the prescribed location would not produce in paying quantities, or that surface conditions would substantially add to the burden or hazard of drilling such well, the director is authorized to enter an order permitting the well to be drilled at a location other than that prescribed by such spacing order; however, the director shall include in the order suitable provisions to prevent the production from the spacing unit of more than its just and equitable share of the oil and gas in the pool.
4. An order establishing units for a pool shall cover all lands determined or believed to be underlaid by the pool, and may be modified by the director from time to time to include additional areas determined to be underlaid by the pool. When found necessary for the prevention of waste, or to avoid the drilling of unnecessary wells or to protect correlative rights, an order establishing spacing units in a pool may be modified by the director to increase the size of spacing units in the pool or any zone of the pool, or to permit the drilling of additional wells on a reasonable uniform plan in the pool, or any zone of the pool. Orders of the director may be appealed to the department within thirty days.
[C39, §1360.02; C46, 50, 54, 58, 62, §84.2; C66, 71, 73, 75, 77, 79, 81, §84.7; 82 Acts, ch 1199, §43, 96]
86 Acts, ch 1245, §1816
C93, §458A.7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.8 - Integration of fractional tracts.

458A.8 Integration of fractional tracts.
1. When two or more separately owned tracts are embraced within a spacing unit, or when there are separately owned interests in all or a part of the spacing unit, then the owners and royalty owners of the tracts may pool their interests for the development and operation of the spacing unit. In the absence of voluntary pooling the department upon the application of any interested person, shall enter an order pooling all interests in the spacing unit for the development and operations of the unit. Each pooling order shall be made after notice and hearing, and shall be upon terms and conditions that are just and reasonable, and that afford to the owner of each tract or interest in the spacing unit the opportunity to recover or receive, without unnecessary expense, a just and equitable share. Operations incident to the drilling of a well upon any portion of a spacing unit covered by a pooling order shall be deemed for all purposes to be the conduct of the operations upon each separately owned tract in the drilling unit by the several owners of the unit. That portion of the production allocated to each tract included in a spacing unit covered by a pooling order shall, when produced, be deemed for all purposes to have been produced from the tract by a well drilled on it.
2. Each pooling order shall make provision for the drilling and operation of a well on the spacing unit, and for the payment of the reasonable actual cost of the well by the owners of interests in the spacing unit, plus a reasonable charge for supervision. In the event of any dispute as to such costs the department shall determine the proper costs. If an owner shall drill and operate, or pay the expenses of drilling and operating the well for the benefit of others, then, the owner so drilling or operating shall, upon complying with the terms of section 458A.10, have a lien on the share of production from the spacing unit accruing to the interest of each of the other owners for the payment of a proportionate share of the expenses. All the oil and gas subject to the lien shall be marketed and sold and the proceeds applied in payment of the expenses secured by the lien as provided for in section 458A.10.
[C66, 71, 73, 75, 77, 79, 81, §84.8; 82 Acts, ch 1199, §44, 96]
C93, §458A.8
Referred to in §458A.10
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.9 - Voluntary agreements for unit operation valid.

458A.9 Voluntary agreements for unit operation valid.
An agreement for the unit or cooperative development and operation of a field or pool, in connection with the conduct of a repressuring or pressure maintenance operations, cycling or recycling operations, including the extraction and separation of liquid hydrocarbons from natural gas, or any other method of operation, including water floods, may be performed without being in violation of any of the statutes of this state relating to trusts, monopolies, or contracts and combinations in restraint of trade, if the agreement is approved by the department as being in the public interest, protective of correlative rights, and reasonably necessary to increase ultimate recovery or to prevent waste of oil or gas. The agreements bind only the persons who execute them, and their heirs, successors, assigns, and legal representatives.
[C66, 71, 73, 75, 77, 79, 81, §84.9; 82 Acts, ch 1199, §45, 96]
C93, §458A.9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.10 - Liens for development and operating costs.

458A.10 Liens for development and operating costs.
A person to whom another is indebted for expenses incurred in drilling and operating a well on a drilling unit required to be formed as provided for in section 458A.8, may, in order to secure payment of the amount due, fix a lien upon the interest of the debtor in the production from the drilling unit or the unit area, as the case may be, by filing for record, with the recorder of the county where property involved, or any part thereof, is located, an affidavit setting forth the amount due and the interest of the debtor in such production. The person to whom the amount is payable may, at the expense of the debtor, store all or any part of the production upon which the lien exists until the total amount due, including reasonable storage charges, is paid or the commodity is sold at foreclosure sale and delivery is made to the purchaser. The lien may be foreclosed as provided for with respect to foreclosure of a lien on chattels.
[C66, 71, 73, 75, 77, 79, 81, §84.10]
C93, §458A.10
Referred to in §458A.8
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.11 - Rules covering practice before department.

458A.11 Rules covering practice before department.
1. The department shall prescribe rules governing the practice and procedure before it.
2. An order or amendment of an order, except in an emergency, shall not be made by the department without a public hearing upon at least ten days’ notice. The public hearing shall be held at the time and place prescribed by the department, and any interested person is entitled to be heard. The applicable time frames for the issuance and appeal of the order are defined in section 455B.110.
3. When an emergency requiring immediate action is found to exist the department may issue an emergency order without notice of hearing, which shall be effective upon promulgation. An emergency order shall not remain effective for more than fifteen days.
4. Any notice required by this chapter shall be given at the election of the department either by personal service or by letter to the last recorded address and one publication in a newspaper of general circulation in the state capital city and in a newspaper of general circulation in the county where the land affected or some part of the land is situated. The notice shall issue in the name of the state, shall be signed by the director, shall specify the style and number of the proceeding and the time and place of the hearing, and shall briefly state the purpose of the proceeding. Should the department elect to give notice by personal service, the service may be made by any officer authorized to serve process, or by any agent of the department, in the same manner as is provided by law for the service of original notices in civil actions in the district court of the state. Proof of the service by such agent shall be by the affidavit of the person making personal service.
5. All orders issued by the department shall be in writing, shall be entered in full and indexed in books to be kept by the director for that purpose, and shall be public records open for inspection at all times during reasonable office hours. A copy of any rule or order certified by the director or any officer of the department shall be received in evidence in all courts of this state with the same effect as the original.
6. The department may act upon its own motion, or upon the petition of any interested person. On the filing of a petition concerning any matter within the jurisdiction of the department, the department shall promptly fix a date for a hearing and shall cause notice of the hearing to be given. The hearing shall be held without undue delay after the filing of the petition. The department shall enter its order within thirty days after the hearing.
[C66, 71, 73, 75, 77, 79, 81, §84.11; 82 Acts, ch 1199, §46, 96]
86 Acts, ch 1245, §1815, 1816
C93, §458A.11
2019 Acts, ch 97, §9; 2020 Acts, ch 1063, §246
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.12 - Summoning witnesses, administering oaths, requiring production of records — hearing examiners appointed.

458A.12 Summoning witnesses, administering oaths, requiring production of records — hearing examiners appointed.
1. The department may summon witnesses, administer oaths, and require the production of records, books, and documents for examination at any hearing or investigation conducted. A person shall not be excused from attending and testifying, or from producing books, papers, and records before the department or a court, or from obedience to the subpoena of the department or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture. However this subsection does not require a person to produce any books, papers, or records, or to testify in response to any inquiry not pertinent to some question lawfully before the department or court for determination. A natural person is not subject to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which, in spite of objections, the person may be required to testify or produce as evidence, documentary or otherwise, before the department or court, or in obedience to subpoena. However, a person testifying shall not be exempted from prosecution and punishment for perjury committed in so testifying.
2. In case of failure or refusal on the part of any person to comply with the subpoena issued by the department, or in case of the refusal of any witness to testify as to any matter regarding which the witness may be interrogated, any court in the state, upon the application of the department, may issue an attachment for the person and compel the person to comply with the subpoena, and to attend before the department and produce the records, books, and documents for examination, and to give testimony. The courts may punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify.
3. The department may appoint a hearing examiner or examiners to conduct hearings required by this chapter. When appointed, the hearing examiner may exercise all of the powers delegated to the department by this section.
[C66, 71, 73, 75, 77, 79, 81, §84.12; 82 Acts, ch 1199, §47, 96]
C93, §458A.12
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.14 - Appeal to district court — procedure of appeal.

458A.14 Appeal to district court — procedure of appeal.
Judicial review of an action of the department may be sought in accordance with the terms of chapter 17A. Notwithstanding that chapter, petitions for judicial review may be filed in the district court of Polk county or in the district court of any county in which the property affected or some portion of the property is located.
[C66, 71, 73, 75, 77, 79, 81, §84.14; 82 Acts, ch 1199, §48, 49, 96]
C93, §458A.14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.16 - Penalties.

458A.16 Penalties.
1. Any person who violates any provision of this chapter, or any rule or order of the department where no other penalty is provided is guilty of a simple misdemeanor.
2. A person is guilty of a fraudulent practice if the person, for the purpose of evading this chapter, or any rule or order of the department, does any of the following:
a. Makes or causes to be made any false entry or statement in a report required by this chapter or by any rule or order.
b. Makes or causes to be made any false entry in any record, account, or memorandum required by this chapter, or by any rule or order.
c. Omits, or causes to be omitted, from any record, account, or memorandum, full, true, and correct entries as required by this chapter, or by any rule or order.
d. Removes from this state or destroys, mutilates, alters, or falsifies any record, account, or memorandum required by this chapter, or by any rule or order.
3. Any person knowingly aiding or abetting any other person in the violation of any provision of this chapter, or any rule or order of the department is subject to the same penalty as that prescribed by this chapter for the violation by the other person.
[C66, 71, 73, 75, 77, 79, 81, §84.16; 82 Acts, ch 1199, §51, 96]
C93, §458A.16
2021 Acts, ch 80, §291
Fraudulent practices, see §714.8 – 714.14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.17 - Action to restrain violation or threatened violation.

458A.17 Action to restrain violation or threatened violation.
1. If it appears that any person is violating or threatening to violate any provision of this chapter, or any rule or order of the department, the department shall bring suit against the person in the district court of any county where the violation occurs or is threatened, to restrain the person from continuing the violation or from carrying out the threat of violation. In the suit, the court has jurisdiction to grant to the department, without bond or other undertaking, the prohibitory and mandatory injunctions as the facts may warrant, including temporary restraining orders, preliminary injunctions, temporary, preliminary, or final orders restraining the movement or disposition of any illegal oil, illegal gas, or illegal product, any of which the court may order to be impounded or placed in the custody of an agent appointed by the court.
2. If the department fails to bring suit to enjoin a violation or threatened violation of any provision of this chapter, or any rule or order of the department, within ten days after receipt of written request to do so by any person who is or will be adversely affected by the violation, the person making the request may bring suit in the person’s own behalf to restrain the violation or threatened violation in any court in which the department might have brought suit. The department shall be made a party defendant in the suit in addition to the person violating or threatening to violate a provision of this chapter, or a rule or order of the department, and the action shall proceed and injunctive relief may be granted to the department or the petitioner without bond in the same manner as if suit had been brought by the department.
[C66, 71, 73, 75, 77, 79, 81, §84.17; 82 Acts, ch 1199, §52, 96]
C93, §458A.17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.18 - Mineral rights taxed separately.

458A.18 Mineral rights taxed separately.
All rights and interests in or to oil, gas, or other minerals underlying land, whether created by or arising under deed, lease, reservation of rights, or otherwise, which rights or interests are owned by any person other than the owner of the land, shall be assessed and taxed separately to the owner of such rights or interests in the same manner as other real estate. The taxes on such rights or interests that are not owned by the owner of the land shall not be a lien on the land.
[C66, 71, 73, 75, 77, 79, 81, §84.18]
C93, §458A.18
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.19 - Rate.

458A.19 Rate.
In order to pay the costs of assessment and collection and provide a reasonable minimum standard of taxation, the taxes on any mineral rights or interests not owned by the owner of the land shall be not less than five cents per acre.
[C66, 71, 73, 75, 77, 79, 81, §84.19]
C93, §458A.19
2022 Acts, ch 1021, §109
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.20 - Tax sale — redemption by owner.

458A.20 Tax sale — redemption by owner.
When any mineral rights or interests not owned by the owner of the land are sold at tax sale, and when the owner of those mineral rights or interests does not redeem under the provisions of chapter 447 within ninety days after the tax sale, the owner of the land shall thereafter have the same right of redemption as the owner of the mineral rights or interests has, and redemption by the owner of the land shall terminate any right of redemption of the owner of the mineral rights or interests.
[C66, 71, 73, 75, 77, 79, 81, §84.20]
C93, §458A.20
2022 Acts, ch 1021, §110
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.21 - Lease of public lands.

458A.21 Lease of public lands.
1. The state, counties, cities, and other political subdivisions may lease publicly owned lands under their respective jurisdictions for the purpose of oil or gas or metallic minerals exploration and production. Any such leases shall be entered into on behalf of the state by the executive council, on behalf of a county by the board of supervisors, on behalf of a city by the council, and on behalf of another political subdivision by the governing body. The leases shall be upon terms and conditions as agreed upon.
2. Revenues derived from the leasing of state-owned lands shall be paid into the general fund of the state. Revenues derived from the leasing of other public lands shall be paid into the general fund of the respective lessor political subdivision.
[C39, §1360.10; C46, 50, 54, 58, 62, §84.10; C66, 71, 73, 75, 77, 79, 81, §84.21; 81 Acts, ch 41, §5]
C93, §458A.21
2020 Acts, ch 1062, §94; 2021 Acts, ch 76, §115
Referred to in §331.361, 331.427
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.23 - Action to obtain release — damages, costs, and attorney fees — attachment.

458A.23 Action to obtain release — damages, costs, and attorney fees — attachment.
Should the owner of such lease neglect or refuse to execute a release as provided by this chapter, or contend lease is in full force and effect, then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such release, and may also recover in such action the sum of one hundred dollars as damages, and all costs, together with a reasonable attorney fee for preparing and prosecuting the suit, and may also recover any additional damages that the evidence in the case will warrant. In all such actions, writs of attachment may issue as in other cases.
[C39, §1360.07; C46, 50, 54, 58, 62, §84.7; C66, 71, 73, 75, 77, 79, 81, §84.23]
C93, §458A.23
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.24 - Extension upon contingency — affidavit.

458A.24 Extension upon contingency — affidavit.
If a recorded lease contains the statement of any contingency upon the happening of which the term of any such lease may be extended, the owner of said lease may at any time before the expiration of the definite term of said lease file with said county recorder an affidavit setting forth the description of the lease, that the affiant is the owner thereof and the facts showing that the required contingency has happened, or the record of such lease shall not impart notice to the public of the continuance of said lease. This affidavit shall be recorded in full by the county recorder and such record together with that of the lease shall be due notice to the public of the existence and continuing validity of said lease, until the same shall be forfeited, canceled, set aside, or surrendered according to law.
[C39, §1360.08; C46, 50, 54, 58, 62, §84.8; C66, 71, 73, 75, 77, 79, 81, §84.24]
C93, §458A.24
Referred to in §331.602
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 458A - OIL, GAS, AND OTHER MINERALS › Section 458A.25 - Liens for labor or materials and of contractor and subcontractor — manner of perfecting liens — enforcement of liens.

458A.25 Liens for labor or materials and of contractor and subcontractor — manner of perfecting liens — enforcement of liens.
Provisions of chapter 572 as to mechanic’s liens or labor and materials furnished for improvements on real estate and of contractors and subcontractors shall apply to labor and materials furnished for gas or oil wells, or pipe lines. The liens shall not attach on the real estate, but shall attach to the whole of the lease held, and upon the gas or oil wells, buildings and appurtenances, and pipe lines for which said labor or materials were furnished, and shall be perfected and enforced as provided by chapter 572.
[C39, §1360.09; C46, 50, 54, 58, 62, §84.9; C66, 71, 73, 75, 77, 79, 81, §84.25]
C93, §458A.25
2021 Acts, ch 76, §116
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.101 - Title.

459.101 Title.
This chapter shall be known and may be cited as the “Animal Agriculture Compliance Act”.
2002 Acts, ch 1137, §68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.103 - General authority — commission and department.

459.103 General authority — commission and department.
1. The commission shall establish by rule adopted pursuant to chapter 17A, requirements relating to the construction, including expansion, or operation of animal feeding operations, including related animal feeding operation structures. The requirements shall include but are not limited to minimum manure control, the issuance of permits, and departmental investigations, inspections, and testing.
2. Any provision referring generally to compliance with the requirements of this chapter as applied to animal feeding operations also includes compliance with requirements in rules adopted by the commission pursuant to this section, orders issued by the department as authorized under this chapter, and the terms and conditions applicable to licenses, certifications, permits, or manure management plans required under subchapter III. However, for purposes of approving or disapproving an application for a construction permit as provided in section 459.304, conditions for the approval of an application based on results produced by a master matrix are not requirements of this chapter until the department approves or disapproves an application based on those results.
98 Acts, ch 1209, §25
C99, §455B.200
2002 Acts, ch 1137, §27, 68, 71;
2002 Acts, 2nd Ex, ch 1003, §250, 259, 260, 262
C2003, §459.103
2003 Acts, ch 163, §3, 23; 2007 Acts, ch 82, §2
Referred to in §459.102, 459.304, 459.318, 459A.205, 459A.404
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.204 - Liquid manure application — separation distance.

459.204 Liquid manure application — separation distance.
Except as provided in section 459.205, a person shall not apply liquid manure from a confinement feeding operation on land located within seven hundred fifty feet from a residence not owned by the titleholder of the land, a commercial enterprise, a bona fide religious institution, an educational institution, or a public use area.
C2001, §455B.162(5)
2002 Acts, ch 1137, §68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §459.204
Referred to in §459.205, 459.207, 459.304, 459.305, 654C.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.204A - Stockpiling dry manure.

459.204A Stockpiling dry manure.
A person may stockpile dry manure so long as the person stockpiles the dry manure in compliance with restrictions applicable to stockpiling as provided in this subchapter and subchapter III.
2009 Acts, ch 38, §2, 16
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.204B - Stockpiling dry manure — minimum separation distance requirements.

459.204B Stockpiling dry manure — minimum separation distance requirements.
Except as provided in section 459.205, a person shall not stockpile dry manure within one thousand two hundred fifty feet from a residence not owned by the titleholder of the land, a commercial enterprise, a bona fide religious institution, an educational institution, or a public use area.
2009 Acts, ch 38, §3, 16
Referred to in §459.205
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.206 - Qualified confinement feeding operations — manure storage structures.

459.206 Qualified confinement feeding operations — manure storage structures.
1. Except as provided in subsection 2, a qualified confinement feeding operation storing manure in a manure storage structure shall only use a manure storage structure that employs bacterial action which is maintained by the utilization of air or oxygen, and which shall include aeration equipment. The type and degree of treatment technology required to be installed shall be based on the size of the confinement feeding operation, according to rules adopted by the department. The equipment shall be installed, operated, and maintained in accordance with the manufacturer’s instructions and requirements of rules adopted pursuant to this section.
2. The requirements of subsection 1 do not apply to any of the following:
a. A qualified confinement feeding operation which includes a confinement feeding operation structure constructed prior to May 31, 1995.
b. A qualified confinement feeding operation that stores dry manure.
c. A qualified confinement feeding operation that processes manure using an anaerobic digester system.
C2001, §455B.162(6)
2002 Acts, ch 1137, §16, 17, 68, 71
; 2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §459.206
2009 Acts, ch 38, §5, 16; 2021 Acts, ch 157, §2
Referred to in §459.102, 459.202
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.207 - Animal feeding operations — airborne pollutants control.

459.207 Animal feeding operations — airborne pollutants control.
1. As used in this section, unless the context otherwise requires:
a. “Airborne pollutant” means hydrogen sulfide, ammonia, or odor.
b. “Separated location” means a location or object from which a separation distance is required under section 459.202 or 459.204, other than a public thoroughfare.
2. The department shall conduct a comprehensive field study to monitor the level of airborne pollutants emitted from animal feeding operations in this state, including but not limited to each type of confinement feeding operation structure.
3. a. After the completion of the field study, the department may develop comprehensive plans and programs for the abatement, control, and prevention of airborne pollutants originating from animal feeding operations in accordance with this section. The comprehensive plans and programs may be developed if the baseline data from the field study demonstrates to a reasonable degree of scientific certainty that airborne pollutants emitted by an animal feeding operation are present at a separated location at levels commonly known to cause a material and verifiable adverse health effect. The department may adopt any comprehensive plans or programs in accordance with chapter 17A prior to implementation or enforcement of an air quality standard but in no event shall the plans and programs provide for the enforcement of an air quality standard prior to December 1, 2004.
b. Any air quality standard established by the department for animal feeding operations shall be based on and enforced at distances measured from a confinement feeding operation structure to a separated location. In providing for the enforcement of the standards, the department shall take all initial measurements at the separated location. If the department determines that a violation of the standards exists, the department may conduct an investigation to trace the source of the airborne pollutant. This section does not prohibit the department from entering the premises of an animal feeding operation in compliance with section 455B.103. The department shall comply with standard biosecurity requirements customarily required by the animal feeding operation which are necessary in order to control the spread of disease among an animal population.
c. The department shall establish recommended best management practices, mechanisms, processes, or infrastructure under the comprehensive plans and programs in order to reduce the airborne pollutants emitted from an animal feeding operation.
d. The department shall provide a procedure for the approval and monitoring of alternative or experimental practices, mechanisms, processes, or infrastructure to reduce the airborne pollutants emitted from an animal feeding operation, which may be incorporated as part of the comprehensive plans and programs developed under this section.
2002 Acts, ch 1137, §23, 68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.302 - Document processing requirements.

459.302 Document processing requirements.
1. The department shall adopt and promulgate forms required to be completed in order to comply with this subchapter including forms for documents that the department shall make available on the internet.
2. a. The department shall provide for procedures for the receipt, filing, processing, and return of documents in an electronic format, including but not limited to the transmission of documents by the internet. The department shall provide for authentication of the documents that may include electronic signatures as provided in chapter 554D.
b. The department shall to every extent feasible provide for the processing of permits and manure management plans required under this subchapter using electronic systems, including programming, necessary to ensure the completeness and accuracy of the documents in accordance with the requirements of this subchapter.
2002 Acts, ch 1137, §34, 68, 71;
2002 Acts, 2nd Ex, ch 1003, §259, 260, 262
Referred to in §459.312, 459A.201
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459 - ANIMAL AGRICULTURE COMPLIANCE ACT › Section 459.307 - Construction design standards — formed manure storage structures.

459.307 Construction design standards — formed manure storage structures.
The department shall adopt rules establishing construction design standards for formed manure storage structures that are part of confinement feeding operations other than small animal feeding operations. However, the construction design standards shall apply to a formed manure storage structure that is part of a small animal feeding operation as provided in section 459.310.
1. The department may provide for different standards based on criteria developed by the department, which may include any of the following:
a. The animal unit capacity of the manure storage structure’s confinement feeding operation or the manure storage structure’s manure volume capacity.
b. Whether the manure storage structure stores only dry manure.
c. Whether the manure storage structure is part of a confinement feeding operation building.
d. The use of concrete, including its use for the structure’s footings, walls, or floor.
2. The construction design standards shall be based, to every extent possible, on uniform standards such as available standards promulgated by ASTM (American society for testing and materials) international. The department may require that all or any part of a formed manure storage structure be constructed of concrete.
3. The construction design standards for concrete shall provide for all of the following:
a. The concrete’s minimum compressive strength calculated on a pounds-per-square-inch basis.
b. The use of reinforcement, including but not limited to the grade, amount, and location of steel rebar or fiberglass, wire mesh or fabric, or similar materials set in the concrete, or the use of exterior braces to support joints.
c. The depth of footings.
d. The thickness of the footings, the floor, and walls.
4. A person shall only construct a formed manure storage structure on karst terrain or an area which drains into a known sinkhole pursuant to upgraded construction design standards necessary to ensure that the structure does not pollute groundwater sources.
2002 Acts, ch 1137, §50, 71;
2002 Acts, 2nd Ex, ch 1003, §259, 260, 262
; 2003 Acts, ch 84, §1, 6; 2004 Acts, ch 1086, §106; 2009 Acts, ch 38, §7, 16
Referred to in §459.310, 459A.205