reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.67 - Inspection deficiency order.

462A.67 Inspection deficiency order.
If after performing an inspection the officer determines that the vessel is not properly registered, numbered, or equipped, the officer may issue an inspection deficiency order or citation to the operator of the vessel. The inspection deficiency order may indicate any deficiencies found to exist during the inspection and shall direct the owner or operator of the vessel to properly register or number the vessel or have equipment repairs or replacements made and return a copy of the inspection deficiency order with proof of compliance with the registration, numbering, or equipment requirements to the commission within fourteen days. If such proof is not provided within fourteen days, the owner or operator is in violation of this chapter.
[82 Acts, ch 1028, §32]
C83, §106.67
C93, §462A.67
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.68 - Termination of use.

462A.68 Termination of use.
A vessel for which an inspection deficiency order has been issued shall cease to be used as soon as possible and shall not be launched upon the waters of this state under the jurisdiction of the commission until the vessel is in compliance with the registration, numbering, or equipment requirement for which the order was issued.
[82 Acts, ch 1028, §33]
C83, §106.68
C93, §462A.68
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.70 - Hull identification, capacity plates, warning labels.

462A.70 Hull identification, capacity plates, warning labels.
1. Altering or changing numbers on plates.
a. A person shall not with fraudulent intent, deface, destroy, or alter the hull identification number, capacity plate, or any other plate, warning label, or instrument required by state or federal law on a vessel or component part nor shall a person place or stamp a hull identification number, capacity plate, or any other warning label or instrument upon a vessel or component part except one assigned thereto by state or federal law.
b. This section does not prohibit the restoration of an original hull identification number, capacity plate, or any other original plate, warning label, or instrument required by state or federal law when the restoration is made by the commission nor prevent a manufacturer from placing in the ordinary course of business numbers, plates, or marks upon vessels or component parts.
2. Test to determine true number or plate. When it appears that a hull identification number, capacity plate, or any other plate, warning label, or instrument required by state or federal law has been altered, defaced, or tampered with, a peace officer or inspector employed by the commission or any other person acting under the direction of a peace officer or inspector, may apply any recognized process or test to the vessel or part containing such number or plate for the purpose of determining the true number or plate content.
3. Right of inspection. Peace officers or examiners employed by the commission may inspect any vessel or component part in possession of any person or found upon the waters of this state under the jurisdiction of the commission or in a public mooring or storage area or enclosure in which vessels or component parts are kept for sale, storage, hire, or repair and to determine vessel or component part identification may board the vessel or enter the public mooring or storage area or enclosure.
4. Penalty. A person who is convicted of a violation of any of the provisions of this section or rules adopted under this section by the commission is guilty of a class “D” felony.
[82 Acts, ch 1028, §35]
C83, §106.70
C93, §462A.70
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.78 - Fees — surcharge — duplicates.

462A.78 Fees — surcharge — duplicates.
1. a. The county recorder shall charge a five dollar fee to issue a certificate of title, a transfer of title, a duplicate, or a corrected certificate of title.
b. In addition to the fee required under paragraph “a”, and sections 462A.82 and 462A.84, a surcharge of five dollars shall be required.
2. If a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the first lienholder or, if there is none, the owner named in the certificate, as shown by the county recorder’s records, shall within thirty days obtain a duplicate by applying with any county recorder. The applicant shall furnish information the department requires concerning the original certificate and the circumstances of its loss, mutilation, or destruction. Mutilated or illegible certificates shall be returned to the department with the application for a duplicate.
3. The duplicate certificate of title shall be marked plainly “duplicate” across its face, and mailed or delivered to the applicant.
4. If a lost or stolen original certificate of title for which a duplicate has been issued is recovered, the original shall be surrendered promptly to the department for cancellation.
5. The funds collected under subsection 1, paragraph “a”, shall be placed in the general fund of the county and used for the expenses of the county conservation board if one exists in that county. Of each surcharge collected as required under subsection 1, paragraph “b”, the county recorder shall remit five dollars to the department of revenue for deposit in the general fund of the state.
87 Acts, ch 134, §5
CS87, §106.78
91 Acts, ch 267, §606
C93, §462A.78
95 Acts, ch 219, §42; 2003 Acts, ch 145, §286; 2019 Acts, ch 80, §9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.79 - Obtaining manufacturer’s or importer’s certificate of origin.

462A.79 Obtaining manufacturer’s or importer’s certificate of origin.
A manufacturer or dealer shall not transfer ownership of a new vessel required to be titled without supplying the transferee with the manufacturer’s or importer’s certificate of origin signed by the manufacturer’s or importer’s authorized agent. The certificate shall contain information the department requires. The department may adopt rules providing for the issuance of a certificate of origin for a vessel by the department upon good cause shown by the owner.
87 Acts, ch 134, §6
CS87, §106.79
88 Acts, ch 1008, §3
C93, §462A.79
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.80 - Hull identification number of vessel.

462A.80 Hull identification number of vessel.
1. Every vessel whose construction began after October 31, 1972, shall have a hull identification number assigned and affixed as required by the federal Boat Safety Act of 1971. The department shall determine the procedures for application and for issuance of the hull identification number for homebuilt boats.
2. A person shall not destroy, remove, alter, cover, or deface the manufacturer’s hull identification number, the plate bearing it, or any hull identification number the department assigns to a vessel without the department’s permission.
3. A person other than a manufacturer who constructs a vessel or uses an unconventional device as a vessel for navigation shall submit an affidavit which describes the vessel or device to the department. In cooperation with the county recorder, the department shall assign a hull identification number to the vessel or device. The applicant shall cause the number to be carved, burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or, if there is no transom, to the outermost starboard side at the end of the hull that bears the rudder or other steering mechanism, above the waterline of the vessel or device in such a way that alteration, removal, or replacement would be obvious and evident.
87 Acts, ch 134, §7
CS87, §106.80
C93, §462A.80
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.81 - Dealer’s record of vessels bought, sold, or transferred.

462A.81 Dealer’s record of vessels bought, sold, or transferred.
Every dealer shall maintain for three years a record of any vessel bought, sold, exchanged, or received for sale or exchange. This record shall be open to inspection by department representatives during reasonable business hours.
87 Acts, ch 134, §8
CS87, §106.81
C93, §462A.81
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.82 - Transfer or repossession of vessel by operation of law — coast guard documentation of vessel.

462A.82 Transfer or repossession of vessel by operation of law — coast guard documentation of vessel.
1. If ownership of a vessel is transferred by operation of law, such as by inheritance, order in bankruptcy, insolvency, replevin, execution sale, or in compliance with section 578A.7, the transferee, within thirty days after acquiring the right to possession of the vessel by operation of law, shall mail or deliver to the county recorder satisfactory proof of ownership as the county recorder requires, together with an application for a new certificate of title, and the required fee. However, if the transferee is the surviving spouse of the deceased owner, the county recorder shall waive the required fee. A title tax is not required on these transactions.
2. If a lienholder repossesses a vessel by operation of law and holds it for resale, the lienholder shall secure a new certificate of title and shall pay the required fee.
3. If a vessel is documented with the United States coast guard, the owner shall mail or deliver to the county recorder proof of the documentation and the owner’s certificate of title issued pursuant to this chapter is canceled upon the delivery. A title tax is not required on these transactions.
87 Acts, ch 134, §9
CS87, §106.82
C93, §462A.82
96 Acts, ch 1020, §2; 2019 Acts, ch 50, §17; 2021 Acts, ch 138, §3; 2022 Acts, ch 1032, §71
Referred to in §462A.77, 462A.78
Subsection 1 amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.83 - Security interest in vessels — exemptions.

462A.83 Security interest in vessels — exemptions.
This subchapter does not apply to or affect any of the following:
1. A lien given by statute or rule of law to a supplier of services or materials for a vessel.
2. A lien given by statute to the United States, this state, or any political subdivision of this state.
3. A security interest in a vessel created by a manufacturer or dealer who holds the vessel for sale, but a buyer in the ordinary course of trade from the manufacturer or dealer takes free of the security interest.
4. A lien arising out of an attachment of a vessel.
5. A security interest claimed on proceeds if the original security interest did not have to be noted on the certificate of title in order to be perfected.
6. A vessel for which a certificate of title is not required under this chapter.
7. A security interest perfected under chapter 554 before January 1, 1988.
87 Acts, ch 134, §10
CS87, §106.83
C93, §462A.83
2014 Acts, ch 1026, §143
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.84 - Perfection and titles — fee.

462A.84 Perfection and titles — fee.
1. A security interest created in this state in a vessel required to have a certificate of title is not perfected until the security interest is noted on the certificate of title.
a. To perfect the security interest, an application for security interest must be presented along with the original title. The county recorder shall note the security interest on the face of the title and in the electronic record maintained by the recorder’s office.
b. The application fee for a security interest is five dollars. The fees shall be credited to the county general fund.
2. The certificate of title shall be presented to the county recorder when the application for security interest or for assignment of the security interest is presented and a new or endorsed certificate of title shall be issued to the secured party with the name and address of the secured party upon it.
3. When a security interest is discharged, the secured party shall note the cancellation of the security interest on the face of the certificate of title and send the title by first class mail to the office of the county recorder where the title was issued, or the secured party shall send a notarized letter by first class mail to the county recorder where the title was issued notifying the county recorder of the cancellation of the security interest. The county recorder shall note the release of the security interest in the county records as evidence of the release of the security interest.
87 Acts, ch 134, §11
CS87, §106.84
88 Acts, ch 1008, §4
C93, §462A.84
2007 Acts, ch 28, §12; 2014 Acts, ch 1141, §73
Referred to in §462A.77, 462A.78
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462A - WATER NAVIGATION REGULATIONS › Section 462A.85 - Forms — investigations.

462A.85 Forms — investigations.
1. The department shall prescribe and provide suitable forms for applications, certificates of title, notices of security interests, and all other notices and forms necessary to carry out this subchapter.
2. The department may make necessary investigations to procure information required to carry out this subchapter.
87 Acts, ch 134, §12
CS87, §106.85
88 Acts, ch 1008, §5
C93, §462A.85
2014 Acts, ch 1026, §143
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.1 - Definitions.

462B.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Commission” means the natural resource commission.
2. “Conservation easement” means an easement as defined in section 457A.2.
3. “Department” means the department of natural resources.
4. “Legislature” means the Iowa general assembly.
5. “Management plan” means the document that states the goals and objectives of a specific protected water area which has been proposed for designation, the specific description of the area to be protected, land use agreements with property owners, the specific management programming considerations for the area, the in-depth project evaluations, analysis, justifications, and cost estimates, the proposed acquisition of fee title and conservation easements and other agreements, and the specific design and layout of facilities.
6. “Prospective protected water area” means a water area designated by the commission for which an in-depth study for permanent designation as an element of the protected water area system is conducted. Such areas shall possess outstanding cultural and natural resource values such as water conservation, scenic, fish, wetland, forest, prairie, mineral, geological, historic, archaeological, recreation, education, water quality, or flood protection values.
7. “Protected water area” means a water area permanently designated by the commission for inclusion in the protected water area system.
8. “Protected water area system” means a total comprehensive program that includes the goals and objectives, the state plan, the individual management plans, the prospective protected water areas, the protected water areas, the acquisition of fee title and conservation easements and other agreements, and the administration and management of such areas.
9. “State plan” means a long-range comprehensive document that states the goals and objectives of the protected water area system, establishes the procedure and criteria for prospective protected water area designation, provides the format for prospective area analysis, establishes a priority system for prospective area study, recommends potential areas for inclusion into the system, institutes interagency coordination, and outlines general administrative and management needs to develop and administer this system.
10. “Water area” means a river, lake, wetland, or other body of water and adjacent lands where the use of those lands affects the integrity of the water resource.
84 Acts, ch 1261, §2
C85, §108A.1
86 Acts, ch 1245, §1848, 1849
C93, §462B.1
Referred to in §462B.4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.2 - State plan.

462B.2 State plan.
The commission shall maintain a state plan for the design and establishment of an administrative framework of a protected water area system and those adjacent lands needed to protect the integrity of that system.
84 Acts, ch 1261, §4
C85, §108A.2
C93, §462B.2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.3 - Nomination of prospective protected water areas.

462B.3 Nomination of prospective protected water areas.
After basic resource and user data are gathered by or provided to the commission and the commission deems an area has merit for inclusion into a protected water area system, it may nominate the area for prospective protected water area designation. Other public agencies, interest groups, or citizens, may also recommend nomination of water areas for consideration of inclusion into the protected water area system by submitting to the commission a statement which includes at minimum a general description of the area being recommended for nomination, the resources needing protection, and the benefits to be derived from protecting the resources and a list of the individuals, organizations, and public agencies supporting the nomination.
84 Acts, ch 1261, §5
C85, §108A.3
C93, §462B.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.4 - Prospective designation.

462B.4 Prospective designation.
The commission may designate all or part of any water area having any or all of the resource values cited in section 462B.1, subsection 6, as a prospective protected water area. The prospective designation shall be in effect for a period not to exceed two years during which a management plan is prepared for the protection and enhancement of those values cited in section 462B.1, subsection 6.
84 Acts, ch 1261, §6
C85, §108A.4
C93, §462B.4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.5 - Prospective designation public hearing.

462B.5 Prospective designation public hearing.
After the nomination of prospective protected water areas by the commission and prior to the designation as a prospective protected water area, the commission shall conduct a public hearing in the vicinity of the water area. Notice of the hearing shall be published at least twice, not less than seven days prior to the hearing, in a newspaper having general circulation in each county in which the proposed water area is located.
84 Acts, ch 1261, §7
C85, §108A.5
C93, §462B.5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.6 - Management plan.

462B.6 Management plan.
The commission shall prepare and maintain a management plan containing the recommendations for the establishment, development, management, use, and administration of each prospective protected water area designated by the commission. The management plan shall be completed during the two-year prospective designation period.
84 Acts, ch 1261, §8
C85, §108A.6
C93, §462B.6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.7 - Management plan public hearing.

462B.7 Management plan public hearing.
The commission shall hold a final public hearing on the completed management plan in the vicinity of the water area at least thirty days before permanent designation by the commission. Notice of the hearing shall be published at least twice, not less than seven days prior to the hearing, in a newspaper having general circulation in each county in which the water area is located.
84 Acts, ch 1261, §9
C85, §108A.7
85 Acts, ch 67, §14
C93, §462B.7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.8 - Designation.

462B.8 Designation.
The commission may adopt the management plan and may permanently designate the area into the protected water area system. Upon the commission adopting the management plan and permanently designating the area as a protected water area, the commission may submit the management plan to the legislature for funding consideration.
84 Acts, ch 1261, §10
C85, §108A.8
C93, §462B.8
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.9 - Protection methods.

462B.9 Protection methods.
The commission may use any one or a combination of the available methods, except condemnation, for managing and preserving a protected water area, including but not limited to fee and less than fee title acquisition techniques, such as easements, leasing agreements, covenants, and existing tax incentive programs.
84 Acts, ch 1261, §11
C85, §108A.9
C93, §462B.9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.10 - Landowner cooperation.

462B.10 Landowner cooperation.
Recognizing that most of the protected water areas may be within privately owned lands, the legislature encourages the commission to cooperate with the landowners within the designated areas in achieving the purposes of this chapter. Likewise, the landowners within the designated areas are encouraged to cooperate with the commission. Commission staff shall meet separately or in small groups with landowners within interim protected water areas during the preparation of the master plan to establish workable and acceptable agreements for the protection of the area and its accompanying resources in a manner consistent with the purposes of this chapter and the interest and concerns of the landowner.
84 Acts, ch 1261, §12
C85, §108A.10
C93, §462B.10
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.11 - Judicial review.

462B.11 Judicial review.
Judicial review of action of the commission may be sought in accordance with chapter 17A. Notwithstanding chapter 17A, petitions for judicial review may be filed in the district court of Polk county or of any county in which the property affected is located.
84 Acts, ch 1261, §13
C85, §108A.11
C93, §462B.11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.12 - Local tax reimbursement.

462B.12 Local tax reimbursement.
The state of Iowa shall reimburse from the general fund of the state any political subdivision the amount of tax moneys lost due to any lower assessments of property resulting from lease agreements, and the acquisition of public lands and conservation easements stemming from designation of a protected water area.
84 Acts, ch 1261, §14
C85, §108A.12
C93, §462B.12
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.13 - Interagency cooperation.

462B.13 Interagency cooperation.
All state and local agencies shall cooperate with the commission and coordinate their authorities, responsibilities, and program administration in a manner which will aid in the integrity of the protected water area system as outlined in the state plan, individual management plans, and commission administrative rules.
84 Acts, ch 1261, §15
C85, §108A.13
C93, §462B.13
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.14 - Management cooperation with local government subdivisions.

462B.14 Management cooperation with local government subdivisions.
The commission may enter into written cooperative agreements with county boards of supervisors, county conservation boards, and municipal public agencies, for the management of a protected water area.
84 Acts, ch 1261, §16
C85, §108A.14
C93, §462B.14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.15 - Part of a national system.

462B.15 Part of a national system.
This chapter does not preclude a component of the protected water area system from being a part of the national wild and scenic river system under the federal Wild and Scenic Rivers Act, 16 U.S.C. §1271 – 1287. The commission may enter into a written cooperative agreement for joint federal-state administration of rivers which may be designated under that federal Act.
84 Acts, ch 1261, §17
C85, §108A.15
C93, §462B.15
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 462B - PROTECTED WATER AREA SYSTEM › Section 462B.16 - Departmental rules.

462B.16 Departmental rules.
The commission shall adopt under chapter 17A and enforce the administrative rules it deems necessary to carry out this chapter.
84 Acts, ch 1261, §18
C85, §108A.16
C93, §462B.16
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 464A - DAMS AND SPILLWAYS › Section 464A.1 - Resolution of necessity.

464A.1 Resolution of necessity.
Whenever, in the opinion of the commission, it is necessary and desirable for it to erect a dam or spillway across a stream or at the outlet of a lake, or to alter or reconstruct an existing dam or spillway, so as to increase or decrease its permanent height, or to permanently affect the water level above the structure, it shall proceed with said project by first adopting a resolution of necessity to be placed upon its records, in which it shall describe in a general way the work contemplated.
[C24, 27, 31, §1826; C35, §1828-e1; C39, §1828.24; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §112.1]
86 Acts, ch 1245, §1877
C93, §464A.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 464A - DAMS AND SPILLWAYS › Section 464A.1A - Definitions.

464A.1A Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Commission” means the natural resource commission.
2. “Department” means the department of natural resources created under section 455A.2.
3. “Director” means the director of the department.
86 Acts, ch 1245, §1875
C87, §112.1A
C93, §464A.1A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 464A - DAMS AND SPILLWAYS › Section 464A.2 - Expert plan.

464A.2 Expert plan.
The commission, upon receipt of a report and plan prepared by a competent civil engineer, showing the work contemplated, the effect on the water level, and probable cost and such other facts and recommendations as may be deemed material, may approve said plan which shall be considered a tentative plan only, for the project.
[C24, 27, 31, §1826; C35, §1828-e2; C39, §1828.25; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §112.2]
C93, §464A.2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 464A - DAMS AND SPILLWAYS › Section 464A.3 - Hearing — damages.

464A.3 Hearing — damages.
After the approval the commission, if it wishes to proceed further with the project, shall, with the consent of the environmental protection commission, fix a date of hearing not less than two weeks from date of approval of the plan. Notice of the day, hour and place of hearing, relative to proposed work, shall be provided by publication at least once a week for two consecutive weeks in some newspaper of general circulation published in the county where the project is located, or in the counties where the water elevations are affected, under the tentative plan approved. The last publication shall not be less than five days prior to the day set for hearing. Any claim by any persons for damages which may be caused by the project shall be filed with the commission at or prior to the time of the hearing.
[C24, 27, 31, §1826; C35, §1828-e3; C39, §1828.26; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §112.3; 82 Acts, ch 1199, §59, 96]
86 Acts, ch 1245, §1876
C93, §464A.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 464A - DAMS AND SPILLWAYS › Section 464A.4 - Adoption of plan.

464A.4 Adoption of plan.
If, at the time of the hearing, the commission shall find that the improvement would be conducive to the public convenience, welfare, benefit or utility, and the cost thereof is not excessive, and no claim shall have been filed for damages, it may adopt the tentative plan as final or may modify the plan, provided said modification will not, to any greater extent than the tentative plan, materially and adversely affect the interests of littoral or riparian owners.
[C24, 27, 31, §1826; C35, §1828-e4; C39, §1828.27; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §112.4]
C93, §464A.4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 464A - DAMS AND SPILLWAYS › Section 464A.5 - Appraisal of damages.

464A.5 Appraisal of damages.
If, at the time of the hearing, the claims for damages shall have been filed, further proceedings shall be continued to an adjourned, regular, or special session, the date and place of which shall be fixed at the time of adjournment and of which all interested parties shall take notice, and the commission shall have the damages appraised by three appraisers to be appointed by the chief justice of the supreme court. One of these appraisers shall be a licensed civil engineer resident of the state and two shall be freeholders of the state, who shall not be interested in nor related to any person affected by the proposed project.
[C24, 27, 31, §1826; C35, §1828-e5; C39, §1828.28; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §112.5]
C93, §464A.5
2007 Acts, ch 126, §83
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 464A - DAMS AND SPILLWAYS › Section 464A.6 - Filing appraisement.

464A.6 Filing appraisement.
The appraisers appointed to determine the damages caused by the proposed project shall view the premises and determine and fix the amount of damages to which each claimant is entitled and shall, at least three days before the date fixed by the commission to hear and determine the same, file with the secretary of the commission reports in writing showing the amount of damages sustained by each claimant. Should good cause for delay exist, the commission may postpone the time of final action on the project.
[C24, 27, 31, §1826; C35, §1828-e6; C39, §1828.29; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §112.6]
C93, §464A.6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 464A - DAMS AND SPILLWAYS › Section 464A.7 - Damages determined.

464A.7 Damages determined.
At the time fixed for hearing and after receipt of the report of the appraisers, the commission shall examine said report, both for and against each claim for damages and compensation and shall determine the amount of damages and compensation due each claimant and may affirm, increase or diminish the amount awarded by the appraisers. After such action, the commission may thereupon adopt a final plan for the project, and proceed with its construction, or it may dismiss the entire proceedings.
[C24, 27, 31, §1826; C35, §1828-e7; C39, §1828.30; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §112.7]
C93, §464A.7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 464A - DAMS AND SPILLWAYS › Section 464A.8 - Judicial review — bond.

464A.8 Judicial review — bond.
Judicial review of the orders or actions of the commission fixing the amount of compensation awarded or damages sustained by any claimant may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. The petition for review shall be accompanied by an appeal bond with sufficient sureties to be approved by the clerk of the district court conditioned to pay all costs adjudged against the petitioner.
[C24, 27, 31, §1826; C35, §1828-e8; C39, §1828.31; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §112.8]
C93, §464A.8
2003 Acts, ch 44, §114
Referred to in §602.8102(26)
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 464A - DAMS AND SPILLWAYS › Section 464A.9 - Final determination and costs.

464A.9 Final determination and costs.
The amount of damages or compensation found by the court shall be entered of record. Unless the result of the judicial review proceeding is more favorable to the petitioner than the action of the commission, all costs of the judicial review proceeding shall be taxed to the petitioner, but if more favorable, the cost shall be taxed to the respondents. All damages assessed and all costs occasioned under this chapter shall be paid from the funds of the commission.
[C24, 27, 31, §1826; C35, §1828-e9; C39, §1828.32; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §112.9]
C93, §464A.9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 464A - DAMS AND SPILLWAYS › Section 464A.10 - Tentative plan.

464A.10 Tentative plan.
If, at the time of hearing on the tentative plan, no objectors appear and no claim for damages or compensation shall have been filed, or if proper waivers giving consent to the construction of the proposed improvement have been obtained from all parties affected then the commission may adopt the tentative plan as final and proceed with the work proposed.
[C24, 27, 31, §1826; C35, §1828-e10; C39, §1828.33; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §112.10]
C93, §464A.10
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 464A - DAMS AND SPILLWAYS › Section 464A.11 - Water trails and low head dam public hazard statewide plan.

464A.11 Water trails and low head dam public hazard statewide plan.
1. The department shall establish a water trails and low head dam public hazard program.
2. In administering the water trails and low head dam public hazard program, the department shall conduct a study of waterways for recreational purposes and develop a statewide plan by March 31, 2010. Elements of the plan shall include but not be limited to:
a. Compiling an inventory of low head dams, including a listing of those low head dams, for the purposes of publicizing hazards through maps and warning signage.
b. Seeking input from the public and experts in various fields, including fisheries, rescue professionals, water recreation, river management, public utilities conservation, and landscape architecture, to be used in the recreation and safety components of the plan.
c. Developing standard recommendations for local communities including signage system and placement guidelines, boating access type, placement and construction guidelines, and volunteer recommendations for communities.
d. Recommending design templates for low head dams to reduce incidents of drowning.
e. With input from stakeholders, developing criteria for prioritizing removal or modification of low head dams.
f. With input from stakeholders, developing criteria for prioritizing development of water trails.
3. The department may contract with a university or private consultant in order to assist with development of the plan.
2008 Acts, ch 1069, §1, 2; 2009 Acts, ch 144, §14
Appropriation of funds;
2008 Acts, ch 1178, §19
;
2009 Acts, ch 184, §1, 4, 19, 28
;
2013 Acts, ch 142, §45, 52
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 464B - DAMS › Section 464B.23 - Protection of banks.

464B.23 Protection of banks.
Where the water backed up by any dam belonging to any mill or machinery is about to break through or over the banks of the stream or raceway, or to wash a channel, so as to turn the water of such stream or raceway, or any part thereof, out of its ordinary channel, whereby such mill or machinery will be materially injured or affected, the owner or occupant of such mill or machinery, if that person does not own such banks or the land lying contiguous thereto, may, if necessary, enter thereon and erect and keep in repair such embankments and other works as may be necessary to prevent such water from breaking through or over the banks, or washing a channel as aforesaid; such owner or occupier committing thereon no unnecessary waste or damage, and being liable to pay all damages which the owner of the lands may actually sustain by reason thereof.
[R60, §1275, 1276; C73, §1204; C97, §1936; C24, 27, 31, 35, 39, §7789; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469.23]
C93, §464B.23
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 464B - DAMS › Section 464B.24 - Embankments — damages.

464B.24 Embankments — damages.
If any person shall injure, destroy, or remove any such embankment or other works, the owner or occupier of such mill or machinery may recover of such person all damages the owner or occupant may sustain by reason thereof.
[R60, §1277; C73, §1205; C97, §1937; C24, 27, 31, 35, 39, §7790; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469.24]
C93, §464B.24
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 464B - DAMS › Section 464B.25 - Right to utilize fall.

464B.25 Right to utilize fall.
Any person owning and using a water power for the purpose of propelling machinery shall have the right to acquire, maintain, and utilize the fall below such power for the purpose of improving the same, in like manner and to the same extent as provided in this chapter for the erection or heightening of milldams. After such right has been acquired, the fall shall be considered part and parcel of said water power or privilege, and the deepening or excavating of the stream, tail, or raceway, as herein contemplated, shall in no way affect any rights relating to such water power acquired by the owner thereof prior to such change.
[C73, §1206; C97, §1938; C24, 27, 31, 35, 39, §7791; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §469.25]
C93, §464B.25
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465A - OPEN SPACE LANDS › Section 465A.1 - Statement of purpose — intent.

465A.1 Statement of purpose — intent.
1. The general assembly finds that:
a. Iowa’s most significant open space lands are essential to the well-being and quality of life for Iowans and to the economic viability of the state’s recreation and tourism industry.
b. Many areas of high national significance in the state have not received adequate public protection to keep them free of visual blight, resource degradation, and negative impacts from inappropriate land use and surrounding development. Some of these areas include national park service and United States fish and wildlife service properties, national landmarks and trails, the Des Moines river greenbelt, the great river road, areas where interstate highways enter the state, cross major rivers, and pass by other areas of national significance, major state park and recreation areas, unique and protected water areas, and significant natural, geological, scenic, historic, and cultural properties of the state.
c. While state and federal funds are generally available for the acquisition and protection of fish and wildlife areas and habitats as well as boating access to public waters, funding programs for public open space acquisition and protection have not been adequate to meet needs.
d. Relative to other midwestern states, Iowa ranks last in the proportion of land acquired and protected for public open space.
2. a. A program shall be established to:
(1) Educate the citizens of the state about the needs and urgency of protecting the state’s open spaces.
(2) Plan for the protection of the state’s significant open space areas.
(3) Acquire and protect those properties on a priority basis through a variety of appropriate means.
b. In addition to other goals for the program, it is intended that a minimum of ten percent of the state’s land area be included under some form of public open space protection by the year 2000.
87 Acts, ch 174, §1
CS87, §111E.1
C93, §465A.1
2011 Acts, ch 25, §120
Referred to in §465A.2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465A - OPEN SPACE LANDS › Section 465A.3 - Funding sources.

465A.3 Funding sources.
1. To achieve the purposes of this chapter, the department, other state agencies, political subdivisions of the state, and private organizations may use funds from the following sources:
a. Appropriations by the general assembly.
b. Private grants and gifts.
c. Federal grants and loans intended for these purposes.
2. The department may enter into agreements with other state agencies, political subdivisions of the state, and private organizations for the purposes of carrying out this natural open space program or specific elements of the program.
87 Acts, ch 174, §3
CS87, §111E.3
C93, §465A.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465A - OPEN SPACE LANDS › Section 465A.4 - Payment in lieu of property taxes.

465A.4 Payment in lieu of property taxes.
As a part of the budget proposal submitted to the general assembly under section 455A.4, subsection 1, paragraph “c”, the director of the department of natural resources shall submit a budget request to pay the property taxes for the next fiscal year on open space property acquired by the department which would otherwise be subject to the levy of property taxes. The assessed value of open space property acquired by the department shall be that determined under section 427.1, subsection 18, and the director may protest the assessed value in the manner provided by law for any property owner to protest an assessment. For the purposes of chapter 257, the assessed value of the open space property acquired by the department shall be included in the valuation base of the school district and the payments made pursuant to this section shall be considered as property tax revenues and not as miscellaneous income. The county treasurer shall certify taxes due to the department. The taxes shall be paid annually from the departmental fund or account from which the open space property acquisition was funded. If the departmental fund or account has no moneys or no longer exists, the taxes shall be paid from funds as otherwise provided by the general assembly. If the total amount of taxes due certified to the department exceeds the amount appropriated, the taxes due shall be reduced proportionately so that the total amount equals the amount appropriated. This section applies to open space property acquired by the department on or after January 1, 1987.
87 Acts, ch 174, §4; 89 Acts, ch 135, §52
CS87, §111E.4
C93, §465A.4
Referred to in §455A.19
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465B - RECREATION TRAILS › Section 465B.1 - Statement of purpose — intent.

465B.1 Statement of purpose — intent.
1. The general assembly finds that recreation trails provide a significant benefit for the health and well-being of Iowans and state visitors. Iowa has a national reputation as a place for hiking, walking, and bicycling. The use of recreation trails has a significant influence on Iowa’s economy. Iowa’s scenic landscapes, many small communities, and existing natural and transportation corridors are ideally suited for new recreation trails to support recreation and tourism activities such as walking, biking, driving for pleasure, horseback riding, boating and canoeing, skiing, snowmobiling, and others.
2. The general assembly finds that a program shall be established to acquire, develop, promote, and manage existing and new recreation trails. The objective of a statewide trails program shall be for the state to acquire and develop two thousand miles of new recreation trails and completion of existing trail projects before the year 2000.
87 Acts, ch 173, §1
CS87, §111F.1
C93, §465B.1
2021 Acts, ch 76, §150
Referred to in §465B.2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465B - RECREATION TRAILS › Section 465B.3 - Involvement of other agencies.

465B.3 Involvement of other agencies.
The department of natural resources, the economic development authority, and the department of cultural affairs shall assist the state department of transportation in developing the statewide plan for recreation trails, in acquiring property, and in the development, promotion, and management of recreation trails.
87 Acts, ch 173, §3
CS87, §111F.3
C93, §465B.3
2011 Acts, ch 118, §85, 89
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465B - RECREATION TRAILS › Section 465B.4 - Funding.

465B.4 Funding.
To achieve the purposes of this chapter, the state department of transportation, other state agencies, political subdivisions of the state, and private organizations may use funds from the following sources:
1. Funds appropriated by the general assembly.
2. Private grants and gifts.
3. Federal grants and loans intended for these purposes.
87 Acts, ch 173, §4
CS87, §111F.4
C93, §465B.4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465C - STATE PRESERVES › Section 465C.1 - Definitions.

465C.1 Definitions.
As used in this chapter:
1. “Area” means an area of land or water or both land and water.
2. “Board” means the state advisory board for preserves established by this chapter.
3. “Commission” means the natural resource commission.
4. “Dedication” means the allocation of an area as a preserve by a public agency or by a private owner by written stipulation in a form approved by the state advisory board for preserves.
5. “Department” means department of natural resources created under section 455A.2.
6. “Director” means director of the department.
7. “Preserve” means an area of land or water formally dedicated under this chapter for maintenance as nearly as possible in its natural condition though it need not be completely primeval in character at the time of dedication or an area which has unusual flora, fauna, geological, archaeological, scenic, or historical features of scientific or educational value.
[C66, 71, 73, 75, 77, 79, 81, §111B.1]
86 Acts, ch 1245, §1869
C93, §465C.1
2006 Acts, ch 1030, §48
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465C - STATE PRESERVES › Section 465C.2 - Advisory board.

465C.2 Advisory board.
There is hereby created a state system of preserves and a state advisory board for preserves.
[C66, 71, 73, 75, 77, 79, 81, §111B.2]
C93, §465C.2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465C - STATE PRESERVES › Section 465C.3 - Membership.

465C.3 Membership.
1. a. The board shall be composed of seven members, six of which shall be appointed by the governor. The director of the department shall also serve as a member of the board.
b. The commission, the conservation committee of the Iowa academy of science, and the state historical society shall submit to the governor a list of possible appointments. Members shall be selected from persons with a demonstrated interest in the preservation of natural lands and waters, and historic sites.
2. Members shall serve until their successors are appointed and qualified. The director shall serve as long as the director is director. Any vacancies on the board shall be filled, for the remainder of the term vacated, by appointment by the governor provided by this chapter. As terms of members expire, their successors shall be appointed for terms to expire three years thereafter. Any member who has served two consecutive full terms will not be eligible for reappointment for a period of one year following the expiration of the member’s second term.
[C66, 71, 73, 75, 77, 79, 81, §111B.3]
86 Acts, ch 1245, §1877
C93, §465C.3
2018 Acts, ch 1026, §143; 2019 Acts, ch 24, §64
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465C - STATE PRESERVES › Section 465C.4 - Expenses.

465C.4 Expenses.
The members of the board may be reimbursed for necessary expenses in connection with performance of their duties. Each member of the board may also be eligible to receive compensation as provided in section 7E.6.
[C66, 71, 73, 75, 77, 79, 81, §111B.4]
86 Acts, ch 1245, §1870
C93, §465C.4
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465C - STATE PRESERVES › Section 465C.5 - Organization.

465C.5 Organization.
The board shall organize annually by the election of a chairperson. The board shall meet annually and at such other times as it deems necessary. Meetings may be called by the chairperson, and shall be called by the chairperson on the request of three members of the board.
[C66, 71, 73, 75, 77, 79, 81, §111B.5]
C93, §465C.5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 465C - STATE PRESERVES › Section 465C.6 - Advisors.

465C.6 Advisors.
Representatives of such agencies, institutions, and organizations as the board may determine may serve as advisors to the board. Such advisors shall receive no compensation for this function but at the discretion of the board may be reimbursed for necessary expenses in connection with the performance of their duties.
[C66, 71, 73, 75, 77, 79, 81, §111B.6]
C93, §465C.6