reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459A - OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES › Section 459A.410 - Effluent application requirements.

459A.410 Effluent application requirements.
1. Open feedlot effluent or animal truck wash effluent shall be applied in a manner which does not cause surface water or groundwater pollution. Application in accordance with the provisions of state law, including this chapter, rules adopted pursuant to the provisions of state law, including this chapter, and guidelines adopted pursuant to this chapter, shall be deemed as compliance with this section.
2. A separation distance in section 459.314 that applies to the land application of liquid manure from a confinement feeding operation shall also apply to animal truck wash effluent from an animal truck wash effluent structure in accordance with rules adopted by the commission.
3. A person shall not apply animal truck wash effluent on land located within seven hundred fifty feet from a residence not owned by the titleholder of the land in accordance with rules adopted by the commission. This separation distance does not apply to the following:
a. The animal truck wash effluent is injected into the soil or incorporated within the soil not later than twenty-four hours from the original application, as provided by rules adopted by the commission.
b. The titleholder of the land benefiting from the separation distance requirement executes a written waiver with the titleholder of the land where the animal truck wash effluent is applied.
c. The animal truck wash effluent is from a small animal truck wash facility or an animal truck wash facility that is part of a small animal feeding operation.
2005 Acts, ch 136, §16; 2015 Acts, ch 92, §42
Referred to in §459A.105, 459A.403
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459A - OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES › Section 459A.411 - Discontinuance of operations.

459A.411 Discontinuance of operations.
The owner of an open feedlot operation or animal truck wash facility who discontinues its operation shall remove all effluent from related open feedlot operation structures or animal truck wash effluent structures used to store effluent, as soon as practical but not later than six months following the date the operations of the open feedlot operation or animal truck wash facility are discontinued.
2005 Acts, ch 136, §17; 2015 Acts, ch 92, §43; 2015 Acts, ch 138, §45, 161, 162
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459A - OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES › Section 459A.501 - General.

459A.501 General.
The department and the attorney general shall enforce the provisions of this chapter in the same manner as provided in chapter 455B, subchapter I and section 455B.175, unless otherwise provided in this chapter.
2005 Acts, ch 136, §18; 2007 Acts, ch 82, §5; 2021 Acts, ch 76, §150
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459A - OPEN FEEDLOT OPERATIONS AND ANIMAL TRUCK WASH FACILITIES › Section 459A.502 - Violations — civil penalty.

459A.502 Violations — civil penalty.
A person who violates this chapter shall be subject to a civil penalty which shall be established, assessed, and collected in the same manner as provided in section 455B.191. Any collected civil penalty and interest on a civil penalty shall be credited to the Iowa nutrient research fund created in section 466B.46. A person shall not be subject to a penalty under this section and a penalty under section 459.603 for the same violation.
2005 Acts, ch 136, §19; 2011 Acts, ch 128, §39, 45; 2016 Acts, ch 1134, §30, 34
Referred to in §455B.109, 466B.46
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459B - DRY BEDDED CONFINEMENT FEEDING OPERATIONS › Section 459B.103 - Special terms.

459B.103 Special terms.
For purposes of this chapter, all of the following shall apply:
1. Two or more dry bedded confinement feeding operations under common ownership or common management are deemed to be a single dry bedded confinement feeding operation if they are adjacent or utilize a common area or system for dry bedded manure disposal.
2. For purposes of determining whether two or more dry bedded confinement feeding operations are adjacent, all of the following shall apply:
a. At least one dry bedded confinement feeding operation structure must be constructed on or after March 21, 1996.
b. A dry bedded confinement feeding operation structure which is part of one dry bedded confinement feeding operation is separated by less than one thousand two hundred fifty feet from a dry bedded confinement feeding operation structure which is part of the other dry bedded confinement feeding operation.
3. a. For purposes of determining whether two or more dry bedded confinement feeding operations are under common ownership, a person must hold an interest in each of the dry bedded confinement feeding operations as any of the following:
(1) A sole proprietor.
(2) A joint tenant or tenant in common.
(3) A holder of a majority equity interest in a business association as defined in section 202B.102, including but not limited to as a shareholder, partner, member, or beneficiary.
b. An interest in the dry bedded confinement feeding operation under paragraph “a”, subparagraph (2) or (3) which is held directly or indirectly by the person’s spouse or dependent child shall be attributed to the person.
4. For purposes of determining whether two or more dry bedded confinement feeding operations are under common management, a person must have significant control of the management of the day-to-day operations of each of the dry bedded confinement feeding operations. Common management does not include control over a contract livestock facility by a contractor, as defined in section 202.1.
5. In calculating the animal unit capacity of a dry bedded confinement feeding operation, the animal unit capacity shall include the animal unit capacity of all dry bedded manure confinement feeding operation buildings that are used to house animals in the dry bedded confinement feeding operation.
2009 Acts, ch 155, §7, 18; 2010 Acts, ch 1069, §60
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459B - DRY BEDDED CONFINEMENT FEEDING OPERATIONS › Section 459B.104 - General authority — commission and department — purpose — compliance.

459B.104 General authority — commission and department — purpose — compliance.
1. The environmental protection commission shall establish by rule adopted pursuant to chapter 17A, requirements relating to the construction, including expansion, or operation of dry bedded confinement feeding operations, including related dry bedded manure confinement feeding operation buildings and stockpiles.
2. Any provision referring generally to compliance with the requirements of this chapter as applied to dry bedded confinement feeding operations also includes compliance with requirements in rules adopted by the environmental protection commission pursuant to this section, orders issued by the department as authorized under this chapter, and the terms and conditions applicable to manure management plans required under this chapter.
3. The purpose of this chapter is to provide requirements relating to the construction, including the expansion, and operation of dry bedded confinement feeding operations, and the control of dry bedded manure which shall be construed to supplement applicable provisions of chapter 459. If there is a conflict between the provisions of this chapter and chapter 459, the provisions of this chapter shall prevail.
2009 Acts, ch 155, §8, 18
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459B - DRY BEDDED CONFINEMENT FEEDING OPERATIONS › Section 459B.201 - Construction design standards.

459B.201 Construction design standards.
A person constructing a dry bedded confinement feeding operation structure on karst terrain or in an alluvial aquifer area shall comply with all of the following:
1. The person must construct the dry bedded confinement feeding operation structure at a location where there is a vertical separation distance of at least five feet between the bottom of the floor of the dry bedded confinement feeding operation structure and the underlying limestone, dolomite, or other soluble rock in karst terrain or the underlying sand and gravel aquifer in an alluvial aquifer area.
2. The person must construct the dry bedded confinement feeding operation structure with a floor consisting of reinforced concrete at least five inches thick.
2009 Acts, ch 155, §9, 18
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459B - DRY BEDDED CONFINEMENT FEEDING OPERATIONS › Section 459B.202 - Distance requirements.

459B.202 Distance requirements.
1. Except as provided in subsection 3, the following shall apply:
a. A dry bedded confinement feeding operation structure shall not be constructed closer than five hundred feet away from the surface intake of an agricultural drainage well. A dry bedded confinement feeding operation structure shall not be constructed closer than one thousand feet from a wellhead, cistern of an agricultural drainage well, or known sinkhole.
b. A dry bedded confinement feeding operation structure shall not be constructed if the dry bedded confinement feeding operation structure as constructed is closer than any of the following:
(1) Two hundred feet away from a water source other than a major water source.
(2) One thousand feet away from a major water source.
(3) Two thousand five hundred feet away from a designated wetland.
c. (1) A water source, other than a major water source, shall not be constructed, expanded, or diverted if the water source as constructed, expanded, or diverted is closer than two hundred feet away from a dry bedded confinement feeding operation structure.
(2) A major water source shall not be constructed, expanded, or diverted if the major water source as constructed, expanded, or diverted is closer than one thousand feet from a dry bedded confinement feeding operation structure.
(3) A designated wetland shall not be established if the designated wetland is closer than two thousand five hundred feet away from a dry bedded confinement feeding operation structure.
2. A dry bedded confinement feeding operation structure shall not be constructed on land that is part of a one hundred year floodplain.
3. A separation distance required in subsection 1 shall not apply to any of the following:
a. A location or object and a farm pond or privately owned lake, as defined in section 462A.2.
b. A dry bedded confinement feeding operation structure constructed with a secondary containment barrier. The department shall adopt rules providing for the construction and use of a secondary containment barrier.
2009 Acts, ch 155, §10, 18
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459B - DRY BEDDED CONFINEMENT FEEDING OPERATIONS › Section 459B.301 - Stockpiling — air quality.

459B.301 Stockpiling — air quality.
A person may stockpile dry bedded manure, subject to this section.
1. Except as provided in subsection 2, a person shall not stockpile dry bedded 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.
2. A person may stockpile dry bedded manure within a separation distance required between the stockpiled dry bedded manure and an object or location for which separation is required under subsection 1, if any of the following apply:
a. The titleholder of the land benefiting from the separation distance requirement executes a written waiver with the titleholder of the land where the dry bedded manure is stockpiled.
b. The stockpiled dry bedded manure originates from a small animal feeding operation.
2009 Acts, ch 155, §11, 18
Referred to in §459B.402
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459B - DRY BEDDED CONFINEMENT FEEDING OPERATIONS › Section 459B.305 - Dry bedded manure control — water quality.

459B.305 Dry bedded manure control — water quality.
A dry bedded confinement feeding operation shall retain all dry bedded manure produced by the operation between periods of dry bedded manure application. For purposes of this section, dry bedded manure may be retained by stockpiling as provided in this chapter. A dry bedded confinement feeding operation shall not discharge dry bedded manure directly into water of the state or into a tile line that discharges directly into water of the state.
2009 Acts, ch 155, §12, 18
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459B - DRY BEDDED CONFINEMENT FEEDING OPERATIONS › Section 459B.306 - Stockpiling — NPDES requirements — water quality.

459B.306 Stockpiling — NPDES requirements — water quality.
A person stockpiling dry bedded manure shall comply with applicable requirements of the national pollutant discharge elimination system pursuant to the federal Water Pollution Control Act, 33 U.S.C. ch. 26, as amended, and
40 C.F.R. pts. 122 and 412
.
2009 Acts, ch 155, §13, 18
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459B - DRY BEDDED CONFINEMENT FEEDING OPERATIONS › Section 459B.307 - Stockpiling — state requirements — water quality.

459B.307 Stockpiling — state requirements — water quality.
A person may stockpile dry bedded manure, subject to all of the following:
1. a. The person shall not stockpile the dry bedded manure within the following distances to a designated area unless the dry manure is maintained in a manner that will not allow precipitation-induced runoff to drain from the dry bedded manure to the designated area:
(1) Four hundred feet from a designated area other than a high-quality water resource.
(2) Eight hundred feet from a high-quality water resource.
b. The person shall not stockpile dry bedded manure within two hundred feet from a terrace tile inlet or surface tile inlet unless the dry bedded manure is maintained in a manner that will not allow precipitation-induced runoff to drain from the dry bedded manure to the terrace tile inlet or surface tile inlet.
c. The person shall not stockpile dry bedded manure in a grassed waterway, where water pools on the soil surface, or in any location where surface water will enter the stockpiled dry bedded manure.
d. The person shall not stockpile dry bedded manure on land having a slope of more than three percent unless methods, structures, or practices are implemented to contain the stockpiled dry bedded manure, including but not limited to using hay bales, silt fences, temporary earthen berms, or other effective measures, and to prevent or diminish precipitation-induced runoff from the stockpiled dry bedded manure.
e. The person shall not stockpile dry bedded manure on karst terrain or in an alluvial aquifer area unless the person complies with all of the following:
(1) The person must stockpile the dry bedded manure at a location where there is a vertical separation distance of at least five feet between the bottom of the stockpiled dry manure and the underlying limestone, dolomite, or other soluble rock in karst terrain or the underlying sand and gravel aquifer in an alluvial aquifer area.
(2) The dry bedded manure must be stockpiled on reinforced concrete at least five inches thick.
2. The person shall remove the stockpiled dry bedded manure and apply it in accordance with the provisions of chapter 459, including but not limited to section 459.311, within six months after the dry bedded manure is stockpiled.
2009 Acts, ch 155, §14, 18
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459B - DRY BEDDED CONFINEMENT FEEDING OPERATIONS › Section 459B.308 - Manure management plan for a dry bedded confinement feeding operation.

459B.308 Manure management plan for a dry bedded confinement feeding operation.
For purposes of a manure management plan for a dry bedded confinement feeding operation, if the application of dry bedded manure is on land other than land owned or rented for crop production by the owner of the dry bedded confinement feeding operation, the plan shall include a copy of each written agreement executed by the owner of the dry bedded confinement feeding operation and the landowner or the person renting the land for crop production where the dry bedded manure may be applied.
2009 Acts, ch 155, §15, 18; 2010 Acts, ch 1069, §61
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 459B - DRY BEDDED CONFINEMENT FEEDING OPERATIONS › Section 459B.402 - Violations — civil penalty.

459B.402 Violations — civil penalty.
A person who violates section 459B.301 shall be subject to the same penalty as provided in section 459.602, and a person who violates any other provision of this chapter shall be subject to the same penalty as provided in section 459.603. Any collected civil penalty and interest on a civil penalty shall be credited to the Iowa nutrient research fund created in section 466B.46.
2009 Acts, ch 155, §17, 18; 2011 Acts, ch 128, §40, 45; 2016 Acts, ch 1134, §31, 34
Referred to in §455B.109, 466B.46
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 460 - AGRICULTURAL DRAINAGE WELLS AND SINKHOLES › Section 460.101 - Definitions.

460.101 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Agricultural drainage well” means a vertical opening to an aquifer or permeable substratum which is constructed by any means including but not limited to drilling, driving, digging, boring, augering, jetting, washing, or coring, and which is capable of intercepting or receiving surface or subsurface drainage water from land directly or by a drainage system.
2. “Agricultural drainage well area” means an area of land where surface or subsurface water drains into an agricultural drainage well directly or through a drainage system connecting to the agricultural drainage well.
3. “Alternative drainage system” means a drainage system constructed as part of a drainage district in order to drain surface or subsurface water from land due to the closing of an agricultural drainage well.
4. “Book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1.
5. “Designated agricultural drainage well area” means an agricultural drainage well area in which there is located an anaerobic lagoon or earthen manure storage basin required to obtain a construction permit by the department of natural resources.
6. “Division” means the division of soil conservation and water quality created within the department of agriculture and land stewardship pursuant to section 159.5.
7. “Drainage district” means a drainage district established pursuant to chapter 468.
8. “Drainage system” means tile lines, laterals, surface inlets, or other improvements which are constructed to facilitate the drainage of land.
9. “Earthen storage structure” means an earthen cavity, either covered or uncovered, including but not limited to an anaerobic lagoon or earthen manure storage basin which is used to store manure, sewage, wastewater, industrial waste, or other waste as regulated by the department of natural resources, if stored in a liquid or semiliquid state.
10. “Land” means land which is used or which is suitable for use for any purpose, if the land is located within an agricultural drainage well area which includes land used or suitable for use in farming.
11. “Surface water” means water occurring on the surface of the ground.
12. “Surface water intake” means an artificial opening to a drain tile line which drains into an agricultural drainage well, if the artificial opening allows surface water to enter the drain tile line without filtration through the soil profile.
97 Acts, ch 193, §4
CS97, §455I.1
2000 Acts, ch 1148, §1; 2002 Acts, ch 1119, §200, 201; 2002 Acts, ch 1137, §52, 68, 71
; 2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §460.101
2015 Acts, ch 103, §45, 46
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 460 - AGRICULTURAL DRAINAGE WELLS AND SINKHOLES › Section 460.201 - Definition.

460.201 Definition.
As used in this subchapter, unless the context otherwise requires, “department” means the department of natural resources.
2002 Acts, ch 1137, §68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 460 - AGRICULTURAL DRAINAGE WELLS AND SINKHOLES › Section 460.202 - Preventing surface water drainage into agricultural drainage wells.

460.202 Preventing surface water drainage into agricultural drainage wells.
Not later than December 31, 2001, all of the following shall apply:
1. a. An owner of land on which an agricultural drainage well is located shall prevent surface water from draining into the agricultural drainage well. The landowner shall comply with rules, which shall be adopted by the department, in consultation with the division, required to carry out this section. The landowner shall do all of the following:
(1) If the land has a surface water intake emptying into an agricultural drainage well, including a surface water intake located in a road ditch, the landowner shall remove the surface water intake.
(2) If the land has a cistern connecting to an agricultural drainage well, the landowner shall construct and maintain sidewalls surrounding the cistern in order to prevent surface water runoff directly emptying into the agricultural drainage well.
(3) If the land has an agricultural drainage well, the landowner shall ensure that the agricultural drainage well and related drainage system are adequately ventilated in a manner that does not allow surface water to directly drain into the agricultural drainage well.
(4) The landowner shall install a locked cover over the agricultural drainage well or its cistern in order to prevent unauthorized access to the agricultural drainage well or its cistern.
b. This subsection does not require a person to remove a tile line that drains into an agricultural drainage well if the tile line does not have a surface water intake. This subsection also does not prohibit a person from installing a tile line, if the installed tile line does not increase an agricultural drainage well area.
2. An agricultural drainage well shall be inspected to ensure compliance with this section, as required by the county board of supervisors in the county in which the agricultural drainage well is located.
3. The department shall adopt guidelines as necessary to assist counties in performing inspections as provided in this section. The guidelines shall not affect the authority of a county to designate a person to perform inspections.
97 Acts, ch 193, §5
CS97, §455I.2
98 Acts, ch 1173, §1; 2002 Acts, ch 1137, §68, 71
; 2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §460.202
2011 Acts, ch 25, §143
Referred to in §460.206
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 460 - AGRICULTURAL DRAINAGE WELLS AND SINKHOLES › Section 460.203 - Closing of agricultural drainage wells and construction of alternative drainage systems.

460.203 Closing of agricultural drainage wells and construction of alternative drainage systems.
1. Not later than December 31, 2001, the owner of land which is within a designated agricultural drainage well area shall close each agricultural drainage well located on the land. The owner shall close the agricultural drainage well in a manner using materials and according to specifications required by rules which shall be adopted by the department in consultation with the division. The department may provide different closing requirements based on classifications established by the department. However, the department’s requirements shall ensure that an agricultural drainage well is closed by using sealing materials such as bentonite to permanently seal the agricultural drainage well from contamination by surface or subsurface water drainage.
2. A person owning land affected by the closing of an agricultural drainage well as required pursuant to subsection 1 may construct an alternative drainage system as part of an established or new drainage district as provided in chapter 468. The alternative drainage system shall ensure that surface or subsurface water does not drain into an agricultural drainage well.
97 Acts, ch 193, §6
CS97, §455I.3
99 Acts, ch 72, §1; 2002 Acts, ch 1137, §68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §460.203
Referred to in §460.206
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 460 - AGRICULTURAL DRAINAGE WELLS AND SINKHOLES › Section 460.204 - Notice.

460.204 Notice.
1. The department shall provide information regarding landowners registering agricultural drainage wells pursuant to section 460.302 to each county board of supervisors in which an agricultural drainage well is registered.
2. The department shall notify landowners of land on which an agricultural drainage well is located of the deadline for complying with this subchapter. The notice shall be provided by print, electronic media, or other notification process. The department shall provide the notice in cooperation with the county board of supervisors in the county where the agricultural drainage well is located.
3. The department shall mail a special notice to owners of land registering agricultural drainage wells pursuant to section 460.302.
97 Acts, ch 193, §7
CS97, §455I.4
2002 Acts, ch 1137, §68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §460.204
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 460 - AGRICULTURAL DRAINAGE WELLS AND SINKHOLES › Section 460.205 - Prohibition against constructing earthen storage structures.

460.205 Prohibition against constructing earthen storage structures.
A person shall not construct or expand an earthen storage structure within an agricultural drainage well area. Each day that a person operates an earthen storage structure which is constructed in violation of this section constitutes a separate violation.
97 Acts, ch 193, §8
CS97, §455I.5
2002 Acts, ch 1137, §68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §460.205
Referred to in §459.310, 459A.404, 460.206
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 460 - AGRICULTURAL DRAINAGE WELLS AND SINKHOLES › Section 460.206 - Penalties.

460.206 Penalties.
1. a. A person who violates section 460.202 or 460.203 is subject to a civil penalty of not more than one thousand dollars. However, if a person is found to have violated a section and again violates the section by not taking action necessary to correct a previous violation within sixty days after the person was found to have committed the previous violation, the person is subject to a civil penalty not to exceed five thousand dollars. If a person is convicted of violating a section two or more times and again violates that section by not taking action necessary to correct a previous violation within sixty days after the person was found to have committed the last previous violation, the person is subject to a civil penalty not to exceed fifteen thousand dollars.
b. A person who violates section 460.205 is subject to a civil penalty not to exceed five thousand dollars.
2. Moneys collected from the assessment of civil penalties and interest on civil penalties as provided for in this section shall be deposited in the livestock remediation fund as created in section 459.501.
97 Acts, ch 193, §9
CS97, §455I.6
2002 Acts, ch 1137, §68, 71
; 2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §460.206
2011 Acts, ch 81, §11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 460 - AGRICULTURAL DRAINAGE WELLS AND SINKHOLES › Section 460.207 - Reimbursement of expenses.

460.207 Reimbursement of expenses.
The expenses incurred by a county in carrying out this subchapter shall be prorated among the landowners in the county who own land on which an agricultural drainage well is located. The amount shall be placed upon the tax books, and collected with interest and penalties after due, in the same manner as other unpaid property taxes. If expenses are incurred by a drainage district, the board shall levy an assessment on the lands in the district where an agricultural drainage well is located as provided in section 468.50.
97 Acts, ch 193, §10
CS97, §455I.7
2002 Acts, ch 1137, §68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §460.207
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 460 - AGRICULTURAL DRAINAGE WELLS AND SINKHOLES › Section 460.301 - Definition.

460.301 Definition.
As used in this subchapter, unless the context otherwise requires, “department” means the department of agriculture and land stewardship.
2002 Acts, ch 1137, §68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 460 - AGRICULTURAL DRAINAGE WELLS AND SINKHOLES › Section 460.303 - Agricultural drainage well water quality assistance fund.

460.303 Agricultural drainage well water quality assistance fund.
1. An agricultural drainage well water quality assistance fund is created in the state treasury under the control of the division. The fund is composed of moneys appropriated by the general assembly, and moneys available to and obtained or accepted by the division or the state soil conservation and water quality committee established in section 161A.4, from the United States or private sources for placement in the fund.
2. Moneys in the fund are subject to an annual audit by the auditor of state.
3. Moneys in the fund are appropriated to support an agricultural drainage well water quality assistance program as provided in section 460.304. Moneys shall be used to provide financial incentives under the program, and to defray expenses by the division in administering the program. However, not more than one percent of the money in the fund is available to defray administrative expenses. The division may adopt rules pursuant to chapter 17A to administer this section.
4. The division shall not in any manner directly or indirectly pledge the credit of the state.
5. Section 8.33 shall not apply to moneys in the fund. Notwithstanding section 12C.7, moneys earned as income, including as interest, from the fund shall remain in the fund until expended as provided in this section.
97 Acts, ch 193, §2
CS97, §159.29A
2002 Acts, ch 1137, §68, 71
; 2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §460.303
2003 Acts, ch 145, §286; 2006 Acts, ch 1057, §1; 2013 Acts, ch 132, §53; 2015 Acts, ch 103, §47; 2017 Acts, ch 159, §55
Referred to in §460.304
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 460 - AGRICULTURAL DRAINAGE WELLS AND SINKHOLES › Section 460.305 - Sinkholes — conservation easement program.

460.305 Sinkholes — conservation easement program.
1. The department shall develop and implement a program for the prevention of groundwater contamination through sinkholes. The program shall provide for education of landowners and encourage responsible chemical and land management practices in areas of the state prone to the formation of sinkholes.
2. The program may provide financial incentives for land management practices and the acquisition of conservation easements around sinkholes. The program may also provide financial assistance for the cleanup of wastes dumped into sinkholes.
3. The program shall be coordinated with the groundwater protection programs of the department of natural resources and other local, state, or federal government agencies which could compensate landowners for resource protection measures. The department shall use moneys appropriated for this purpose from the agriculture management account of the groundwater protection fund created in section 455E.11.
87 Acts, ch 225, §302
CS87, §159.28
2002 Acts, ch 1137, §68, 71;
2002 Acts, 2nd Ex, ch 1003, §260, 262
C2003, §460.305
2016 Acts, ch 1011, §80
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461 - NATURAL RESOURCES AND OUTDOOR RECREATION › Section 461.2 - Definitions.

461.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Department” means the department of agriculture and land stewardship, the department of natural resources, or the department of transportation.
2. “Fiscal year” means the state fiscal year effective as provided in section 3.12.
3. “Initiative” includes a program, project, practice, strategy, or plan established or administered by an agency that furthers a constitutional purpose as provided in section 461.3.
4. “Recreational purpose” includes hunting, trapping, angling, horseback riding, swimming, boating, camping, picnicking, hiking, bird watching, nature study, water skiing, snowmobiling, other summer and winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites.
5. “Trust fund” means the natural resources and outdoor recreation trust fund created in section 461.31.
6. “Trust fund moneys” means moneys originating from the natural resources and outdoor recreation trust fund.
2010 Acts, ch 1158, §2, 17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461 - NATURAL RESOURCES AND OUTDOOR RECREATION › Section 461.3 - Constitutional purpose and implementation.

461.3 Constitutional purpose and implementation.
1. This chapter is created for the constitutional purposes of protecting and enhancing water quality and natural areas in this state, including parks, trails, and fish and wildlife habitat, and conserving agricultural soils in this state.
2. This chapter is intended to implement
Article VII, section 10, of the Constitution of the State of Iowa
by establishing the natural resources and outdoor recreation trust fund, accounts in the trust fund, and appropriating or allocating trust fund moneys to support initiatives specified in subchapter IV.
2010 Acts, ch 1158, §3, 16
Referred to in §461.2, 461.31
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461 - NATURAL RESOURCES AND OUTDOOR RECREATION › Section 461.11 - Departmental consultation.

461.11 Departmental consultation.
1. When making decisions regarding the expenditure of trust fund moneys affecting soil and water conservation, the secretary of agriculture shall regularly consult with the soil conservation committee established in section 161A.4. When making decisions regarding the expenditure of trust fund moneys affecting natural resources and outdoor recreation, the director of the department of natural resources shall regularly consult with the natural resource commission established pursuant to section 455A.5. When making decisions regarding the expenditure of trust fund moneys affecting trails, the department of transportation shall consult with the state transportation commission as provided in chapter 307A.
2. The heads of each department receiving trust fund moneys shall regularly meet and whenever practicable collaborate in decision making including by adopting rules, establishing funding priorities, and determining when it is beneficial to provide joint funding of initiatives.
2010 Acts, ch 1158, §4, 17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461 - NATURAL RESOURCES AND OUTDOOR RECREATION › Section 461.21 - Audit.

461.21 Audit.
1. The auditor of state or a certified public accounting firm appointed by the auditor of state shall conduct an annual audit of the trust fund and all accounts and transactions of the trust fund and accounts.
2. The auditor of state or the certified public accounting firm appointed by the auditor as provided in subsection 1 shall be paid from trust fund moneys without reducing the percentage of trust fund moneys distributed to the Iowa resources enhancement and protection fund or any one account established pursuant to this chapter.
2010 Acts, ch 1158, §5, 17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461 - NATURAL RESOURCES AND OUTDOOR RECREATION › Section 461.22 - Report.

461.22 Report.
The three departments shall jointly prepare and submit to the governor and the general assembly not later than January 15 of each year a complete report in an electronic format detailing all of the following:
1. The receipts and expenditures of the trust fund and its accounts, a summary of initiatives supported by trust fund moneys, the results of those expenditures, any performance goals or measurements, and plans for future short-term or long-term expenditures.
2. Recommendations to the general assembly, including legislation proposed by one or more of the departments.
2010 Acts, ch 1158, §6, 17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461 - NATURAL RESOURCES AND OUTDOOR RECREATION › Section 461.23 - Rules.

461.23 Rules.
The department of revenue, the department of agriculture and land stewardship, the department of natural resources, and department of transportation shall adopt rules separately or jointly as necessary in order to implement and administer this chapter.
2010 Acts, ch 1158, §7, 17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461 - NATURAL RESOURCES AND OUTDOOR RECREATION › Section 461.24 - Public listing.

461.24 Public listing.
The department of natural resources, the department of agriculture and land stewardship, and the department of transportation shall cooperate to publish and maintain a public listing of how moneys contained in the natural resources and outdoor recreation trust fund as created in section 461.31 are distributed and spent during the course of each fiscal year. The departments shall designate one of the departments to be responsible for publishing and maintaining the public listing on the internet site operated by that department.
2010 Acts, ch 1158, §8, 17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461 - NATURAL RESOURCES AND OUTDOOR RECREATION › Section 461.31 - Natural resources and outdoor recreation trust fund — creation.

461.31 Natural resources and outdoor recreation trust fund — creation.
1. A natural resources and outdoor recreation trust fund is created within the state treasury.
2. a. The trust fund shall be composed of moneys required to be credited to the trust fund by law and moneys accepted by a department for placement in an account established in this subchapter and from any source.
b. Trust fund moneys are exclusively appropriated by law to carry out the constitutional purposes provided in section 461.3.
c. Trust fund moneys shall supplement and not replace moneys appropriated by the general assembly to support the constitutional purposes provided in section 461.3.
d. Trust fund moneys shall only be used to support voluntary initiatives and shall not be used for regulatory efforts, enforcement actions, or litigation.
3. In administering a trust fund account, a department may contract, sue and be sued, and authorize payment for costs, fees, commissions, and other reasonable expenses from the account. However, a department shall not in any manner directly or indirectly pledge the credit of this state.
4. Notwithstanding section 8.33, any unexpended balance in the trust fund or in an account created within the trust fund at the end of each fiscal year shall be retained in the trust fund or the respective account. Notwithstanding section 12C.7, subsection 2, interest or earnings on investments or time deposits of the moneys in the trust fund and its respective accounts shall be credited to the trust fund and its respective accounts. The recapture of awards originating from an account and other repayments to an account shall be retained in that account.
2010 Acts, ch 1158, §9, 17
Referred to in §423.2A, 461.2, 461.24
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461 - NATURAL RESOURCES AND OUTDOOR RECREATION › Section 461.32 - Natural resources account — allocations.

461.32 Natural resources account — allocations.
1. A natural resources account is created in the trust fund. Twenty-three percent of the moneys credited to the trust fund shall be allocated to the account.
2. The account shall be used by the department of natural resources to support all of the following initiatives:
a. The establishment, restoration, or enhancement of state parks, state preserves, state forests, wildlife areas, wildlife habitats, native prairies, and wetlands.
b. Wildlife diversity.
c. Recreational purposes.
d. Technical assistance and financial incentives to private landowners to promote the management of forests, fisheries, wetlands, and wildlife.
e. The improvement of water trails, rivers, and streams.
f. Education and outreach that provide instruction regarding natural history and the outdoors. The subjects of such instruction may relate to opportunities involving recreational purposes, outdoor safety, and ethics.
3. The department of natural resources shall to every extent possible consider its comprehensive plan provided in section 456A.31 when making funding decisions.
2010 Acts, ch 1158, §10, 17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461 - NATURAL RESOURCES AND OUTDOOR RECREATION › Section 461.33 - Soil conservation and water protection account — allocations.

461.33 Soil conservation and water protection account — allocations.
1. A soil conservation and water protection account is created in the trust fund. Twenty percent of the moneys credited to the trust fund shall be allocated to the account.
2. The account shall be used by the department of agriculture and land stewardship to support all of the following initiatives:
a. Soil conservation and watershed protection, including by supporting the division of soil conservation and water quality within the department of agriculture and land stewardship and soil and water conservation district commissioners. The department may provide for the installation of conservation practices and watershed protection improvements as provided in chapters 161A, 161C, 461A, and 466.
b. The conservation of highly erodible land. The department of agriculture and land stewardship may execute contracts with private landowners who agree to reserve such land only for uses that prevent erosion in excess of the applicable soil loss limits as established in section 161A.44.
c. Soil conservation or crop management practices used on land producing biomass for biorefineries, including cellulosic ethanol production.
3. The department of agriculture and land stewardship may use the account to provide financial incentives or technical assistance to landowners.
2010 Acts, ch 1158, §11, 17; 2015 Acts, ch 103, §49; 2017 Acts, ch 168, §23, 25
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461 - NATURAL RESOURCES AND OUTDOOR RECREATION › Section 461.34 - Watershed protection account — allocations.

461.34 Watershed protection account — allocations.
1. A watershed protection account is created in the trust fund. Fourteen percent of the moneys credited to the trust fund shall be allocated to the account.
2. The account shall be used cooperatively by the department of natural resources and the department of agriculture and land stewardship to support all of the following initiatives:
a. Water resource projects administered by the department of natural resources to preserve watersheds, including but not limited to all of the following:
(1) Projects to protect, restore, or enhance water quality in the state through the provision of financial assistance to communities for impairment-based, locally directed watershed projects. The department may use the account to support the water resource restoration sponsor program as provided in section 455B.199.
(2) Regional and community watershed assessment, planning, and prioritization efforts, including as provided in chapter 466B.
b. Surface water protection projects and practices administered by the department of agriculture and land stewardship or the department of natural resources, including but not limited to the installation of permanent vegetation cover, filter strips, grass waterways, and riparian forest buffers; dredging; and bank stabilization. The departments of agriculture and land stewardship and natural resources may use the account to support the conservation buffer strip program provided in section 466.4 and the conservation reserve enhancement program as provided in section 466.5.
3. The departments’ decision to prioritize initiatives may be based on the priority list of watersheds provided in section 456A.33A.
2010 Acts, ch 1158, §12, 17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461 - NATURAL RESOURCES AND OUTDOOR RECREATION › Section 461.35 - Iowa resources enhancement and protection fund — allocation.

461.35 Iowa resources enhancement and protection fund — allocation.
Thirteen percent of the moneys credited to the trust fund shall be allocated to the Iowa resources enhancement and protection fund created in section 455A.18 for further allocation as provided in section 455A.19.
2010 Acts, ch 1158, §13, 17
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461 - NATURAL RESOURCES AND OUTDOOR RECREATION › Section 461.36 - Local conservation partnership account — allocations.

461.36 Local conservation partnership account — allocations.
1. A local conservation partnership account is created in the trust fund. Thirteen percent of the moneys credited to the trust fund shall be allocated to the account.
2. The department of natural resources shall distribute trust fund moneys from the account to local communities for the following initiatives:
a. The maintenance and improvement of parks, preserves, wildlife areas, wildlife habitats, native prairies, and wetlands.
b. Wildlife diversity.
c. Recreational purposes.
d. The improvement of water trails, rivers, and streams.
e. Education and outreach programs and projects that provide instruction regarding natural history and the outdoors. The subjects of such instruction may relate to opportunities involving recreational purposes, outdoor safety, and ethics.
f. Any other purpose described in section 350.1.
3. A local community may cooperate with the state or the federal government to carry out the initiative. Two or more local communities may form an entity if allowed under chapter 28E in order to carry out the initiative.
4. As used in this section, “local community” means a county conservation board, a city, or a nongovernmental organization operating on a nonprofit basis.
2010 Acts, ch 1158, §14, 17; 2013 Acts, ch 90, §137
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461 - NATURAL RESOURCES AND OUTDOOR RECREATION › Section 461.37 - Trails account — allocations.

461.37 Trails account — allocations.
1. A trails account is created in the trust fund. Ten percent of the moneys credited to the trust fund shall be allocated to the account.
2. The department of transportation and the department of natural resources shall use moneys in the account to support initiatives related to the design, establishment, maintenance, improvement, and expansion of land trails.
3. The department of natural resources may use the account to support the design, establishment, maintenance, improvement, and expansion of water trails.
2010 Acts, ch 1158, §15, 17; 2013 Acts, ch 90, §138
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461 - NATURAL RESOURCES AND OUTDOOR RECREATION › Section 461.38 - Lake restoration account — allocations.

461.38 Lake restoration account — allocations.
1. A lake restoration account is created in the trust fund. Seven percent of the moneys credited to the trust fund shall be allocated to the account.
2. The department of natural resources shall use moneys in the account to support public lake restoration initiatives as follows:
a. An initiative shall account for a lake’s recreational, environmental, aesthetic, ecological, and social value. It must improve water quality.
b. The department’s decision to prioritize an initiative may be based on the department’s lake restoration plan and report as provided in section 456A.33B.
2010 Acts, ch 1158, §16, 17; 2013 Acts, ch 90, §139
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 461A - PUBLIC LANDS AND WATERS › Section 461A.1 - Definitions.

461A.1 Definitions.
As used in this chapter unless the context otherwise requires:
1. “Commission” means the natural resource commission created under section 455A.5.
2. “Department” means the department of natural resources created under section 455A.2.
3. “Director” means the director of the department.
4. “Honey creek resort state park” or “resort” means the state’s premier destination state park located on Rathbun lake.
[C24, 27, 31, 35, 39, §1797; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §111.1]
86 Acts, ch 1238, §57, 58; 86 Acts, ch 1245, §1861, 1992
C93, §461A.1
2019 Acts, ch 46, §4; 2020 Acts, ch 1062, §54