reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.11 - Inspection fee.

479B.11 Inspection fee.
1. If the board enters into agreements with the United States department of transportation pursuant to section 479B.23, a pipeline company shall pay an annual fee of fifty cents per mile of pipeline or fraction thereof for each inch of diameter of the pipeline located in the state. The inspection fee shall be paid to the board between January 1 and February 1 for the calendar year.
2. The board shall collect all fees. Failure to pay any fee within thirty days from the due date shall be grounds for revocation of the permit or assessment of civil penalties.
95 Acts, ch 192, §38; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.12 - Use of funds.

479B.12 Use of funds.
All moneys received under this chapter, other than civil penalties collected pursuant to section 479B.21, shall be remitted monthly to the treasurer of state and credited to the department of commerce revolving fund created in section 546.12.
95 Acts, ch 192, §39; 2009 Acts, ch 181, §56
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.13 - Financial condition of permittee — bond.

479B.13 Financial condition of permittee — bond.
Before a permit is granted under this chapter the applicant must satisfy the board that the applicant has property within this state other than pipelines or underground storage facilities, subject to execution of a value in excess of two hundred fifty thousand dollars, or the applicant must file and maintain with the board a surety bond in the penal sum of two hundred fifty thousand dollars with surety approved by the board, conditioned that the applicant will pay any and all damages legally recovered against it growing out of the construction, maintenance, or operation of its pipeline or underground storage facilities in this state. When the pipeline company deposits with the board security satisfactory to the board as a guaranty for the payment of the damages, or furnishes to the board satisfactory proofs of its solvency and financial ability to pay the damages, the pipeline company is relieved of the provisions requiring bond.
95 Acts, ch 192, §40
Referred to in §479B.4, 479B.14
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.14 - Permits — limitations — sale or transfer — records — extension.

479B.14 Permits — limitations — sale or transfer — records — extension.
1. The board shall prepare and issue permits. The permit shall show the name and address of the pipeline company to which it is issued and identify the decision and order of the board under which the permit is issued. The permit shall be signed by the chairperson of the board and the official seal of the board shall be affixed to it.
2. The board shall not grant an exclusive right to any pipeline company to construct, maintain, or operate its pipeline along, over, or across any public or private highway, grounds, waters, or streams. The board shall not grant a permit for longer than twenty-five years.
3. A permit shall not be sold until the sale is approved by the board.
4. If a transfer of a permit is made before the construction for which it was issued is completed in whole or in part, the transfer shall not be effective until the pipeline company to which it was issued files with the board a notice in writing stating the date of the transfer and the name and address of the transferee.
5. The board shall keep a record of all permits granted by it, showing when and to whom granted and the location and route of the pipeline or underground storage facility, and if the permit has been transferred, the date and the name and address of the transferee.
6. A pipeline company may petition the board for an extension of a permit granted under this section by filing a petition containing the information required by section 479B.5, subsections 1 through 5, and meeting the requirements of section 479B.13.
95 Acts, ch 192, §41; 2019 Acts, ch 24, §104
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.15 - Entry for land surveys.

479B.15 Entry for land surveys.
After the informational meeting or after the filing of a petition if no informational meeting is required, a pipeline company may enter upon private land for the purpose of surveying and examining the land to determine direction or depth of pipelines by giving ten days’ written notice by restricted certified mail to the landowner as defined in section 479B.4 and to any person residing on or in possession of the land. The entry for land surveys shall not be deemed a trespass and may be aided by injunction. The pipeline company shall pay the actual damages caused by the entry, survey, and examination.
95 Acts, ch 192, §42
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.16 - Eminent domain.

479B.16 Eminent domain.
1. A pipeline company granted a pipeline permit shall be vested with the right of eminent domain, to the extent necessary and as prescribed and approved by the board, not exceeding seventy-five feet in width for right-of-way and not exceeding one acre in any one location in addition to right-of-way for the location of pumps, pressure apparatus, or other stations or equipment necessary to the proper operation of its pipeline. The board may grant additional eminent domain rights where the pipeline company has presented sufficient evidence to adequately demonstrate that a greater area is required for the proper construction, operation, and maintenance of the pipeline or for the location of pumps, pressure apparatus, or other stations or equipment necessary to the proper operation of its pipeline.
2. A pipeline company granted a permit for underground storage of hazardous liquid shall be vested with the right of eminent domain to the extent necessary and as prescribed and approved by the board in order to appropriate for its use for the underground storage of hazardous liquid any subsurface stratum or formation in any land which the board shall have found to be suitable and in the public interest for the underground storage of hazardous liquid, and may appropriate other interests in property, as may be required adequately to examine, prepare, maintain, and operate the underground storage facilities.
3. This chapter does not authorize the construction of a pipeline longitudinally on, over, or under any railroad right-of-way or public highway, or at other than an approximate right angle to a railroad track or public highway without the consent of the railroad company, the state department of transportation, or the county board of supervisors, and this chapter does not authorize or give the right of condemnation or eminent domain for such purposes.
95 Acts, ch 192, §43; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.17 - Damages.

479B.17 Damages.
A pipeline company operating a pipeline or an underground storage facility shall have reasonable access to the pipeline or underground storage facility for the purpose of constructing, operating, maintaining, or locating pipes, pumps, pressure apparatus, or other stations, wells, devices, or equipment used in or upon the pipeline or underground storage facility. A pipeline company shall pay the owner of the land for the right of entry and the owner of crops for all damages caused by entering, using, or occupying the lands and shall pay to the owner all damages caused by the completion of construction of the pipeline due to wash or erosion of the soil at or along the location of the pipeline and due to the settling of the soil along and above the pipeline. However, this section does not prevent the execution of an agreement between the pipeline company and the owner of the land or crops with reference to the use of the land.
95 Acts, ch 192, §44, 62
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.19 - Orders — enforcement.

479B.19 Orders — enforcement.
If the pipeline company fails to obey an order within the period of time determined by the board, the board may commence an equitable action in the district court of the county where the pipeline, device, apparatus, equipment, or underground storage facility is located to compel compliance with its order. If, after trial, the court finds that the order is reasonable, equitable, and just, the court shall decree a mandatory injunction compelling obedience to and compliance with the order and may grant other relief as may be just and proper. Appeal from the decree may be taken in the same manner as in other actions.
95 Acts, ch 192, §46
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.21 - Civil penalty.

479B.21 Civil penalty.
1. A person who violates this chapter or any rule or order issued pursuant to this chapter shall be subject to a civil penalty levied by the board in an amount not to exceed one thousand dollars for each violation. Each day that the violation continues shall constitute a separate offense. However, the maximum civil penalty shall not exceed two hundred thousand dollars for any related series of violations. Civil penalties collected pursuant to this section shall be forwarded by the chief operating officer of the board to the treasurer of state to be credited to the general fund of the state and appropriated to the division of community action agencies of the department of human rights for purposes of the low income home energy assistance program and the weatherization assistance program.
2. A civil penalty may be compromised by the board. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the pipeline company charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owed by the state to the person charged, or may be recovered in a civil action.
95 Acts, ch 192, §48; 2017 Acts, ch 169, §46, 49; 2018 Acts, ch 1160, §29
Referred to in §479B.12, 479B.20
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.22 - Rehearing — judicial review.

479B.22 Rehearing — judicial review.
Rehearing procedure for any person aggrieved by actions of the board under this chapter shall be as provided in section 476.12. Judicial review may be sought in accordance with the terms of chapter 17A.
95 Acts, ch 192, §49
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.23 - Authorized federal aid.

479B.23 Authorized federal aid.
The board may enter into agreements with and receive moneys from the United States department of transportation for the inspection of pipelines to determine compliance with applicable standards of pipeline safety, and for enforcement of the applicable standards of pipeline safety as provided by 49 U.S.C. §60101 et seq.
95 Acts, ch 192, §50
Referred to in §479B.11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.24 - Cancellation.

479B.24 Cancellation.
A pipeline company seeking to acquire an easement or other property interest for the construction, maintenance, or operation of a pipeline or underground storage facility shall do all of the following:
1. Allow the landowner or a person serving in a fiduciary capacity on the landowner’s behalf to cancel an agreement granting an easement or other interest by restricted certified mail to the pipeline company’s principal place of business if received by the pipeline company within seven days, excluding Saturday and Sunday, of the date of the agreement and inform the landowner or the fiduciary in writing of the right to cancel prior to the signing of the agreement by the landowner or the fiduciary.
2. Provide the landowner or a person serving in a fiduciary capacity in the landowner’s behalf with a form in duplicate for the notice of cancellation.
3. Not record an agreement until after the period for cancellation has expired.
4. Not include in the agreement a waiver of the right to cancel in accordance with this section. The landowner or a person serving in a fiduciary capacity in the landowner’s behalf may exercise the right of cancellation only once for each pipeline project.
95 Acts, ch 192, §51
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.25 - Arbitration agreements.

479B.25 Arbitration agreements.
1. If an easement or other written agreement between a landowner and a pipeline company provides for the determination through arbitration of the amount of monetary damages sustained by a landowner and caused by the construction, maintenance, or repair of a pipeline or underground storage facility, and if either party has not appointed its arbitrator or agreed to an arbitrator under the agreement within thirty days after the other party has invoked the arbitration provisions of the agreement by written notice to the other party by restricted certified mail, the landowner or the pipeline company may petition a magistrate in the county where the real property is located for the appointment of an arbitrator to serve in the stead of the arbitrator who would have been appointed or agreed to by the other party. Before filing the petition the landowner or pipeline company shall give notice of the petitioning of the magistrate by restricted certified mail to the other party and file proof of mailing with the petition.
2. If after hearing, the magistrate finds that the landowner or pipeline company has not been diligent in appointing or reasonable in agreeing to an arbitrator, the magistrate shall appoint an impartial arbitrator who shall have all of the powers and duties of an arbitrator appointed or agreed to by the other party under the agreement.
3. For purposes of this section only, “landowner” means the person who signed the easement or other written agreement, or the person’s heirs, successors, and assigns.
95 Acts, ch 192, §52, 62; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.26 - Subsequent pipeline or underground storage facility.

479B.26 Subsequent pipeline or underground storage facility.
1. A pipeline company shall not construct a subsequent pipeline or underground storage facility upon its existing easement when a damage claim from the installation of its previous pipeline on that easement has not been resolved unless that claim is under litigation or arbitration, or is the subject of a proceeding pursuant to section 479B.30.
2. With the exception of claims for damage to drain tile and future crop deficiency, for this section to apply, landowners and tenants must submit their claims in writing for damages caused by construction of the pipeline or underground storage facility within one year of final cleanup on the real property by the pipeline company.
95 Acts, ch 192, §53; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.27 - Damage agreement.

479B.27 Damage agreement.
A pipeline company shall not construct a pipeline or underground storage facility until a written statement is on file with the board as to how damages resulting from the construction of the pipeline shall be determined and paid, except in cases of eminent domain. The pipeline company shall provide a copy of the statement to the landowner.
95 Acts, ch 192, §54
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.28 - Negotiated fee.

479B.28 Negotiated fee.
In lieu of a one-time lump sum payment for an easement or other property interest allowing a pipeline to cross property or allowing underground storage of hazardous liquids, a landowner and the pipeline company may negotiate an annual fee, to be paid over a fixed number of years. Unless the easement provides otherwise, the annual fee shall run with the land and shall be payable to the owner of record.
95 Acts, ch 192, §55
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.29 - Particular damage claims.

479B.29 Particular damage claims.
1. Compensable losses shall include, but are not limited to, all of the following:
a. Loss or reduced yield of crops or forage on the pipeline right-of-way, whether caused directly by construction or from disturbance of usual farm operations.
b. Loss or reduced yield of crops or yield from land near the pipeline right-of-way resulting from lack of timely access to the land or other disturbance of usual farm operations, including interference with irrigation.
c. Fertilizer, lime, or organic material applied by the landowner to restore land disturbed by construction to full productivity.
d. Loss of or damage to trees of commercial or other value that occurs at the time of construction, restoration, or at the time of any subsequent work by the pipeline company.
e. The cost of or losses in moving or relocating livestock, and the loss of gain by or the death or injury of livestock caused by the interruption or relocation of normal feeding.
f. Erosion on lands attributable to pipeline construction.
g. Damage to farm equipment caused by striking a pipeline, debris, or other material reasonably associated with pipeline construction while engaged in normal farming operations as defined in section 480.1.
2. A claim for damage for future crop deficiency within the easement strip shall not be precluded from renegotiation under section 6B.52 on the grounds that it was apparent at the time of settlement unless the settlement expressly releases the pipeline company from claims for damage to the productivity of the soil. The landowner shall notify the pipeline company in writing fourteen days prior to harvest in each year to assess crop deficiency.
95 Acts, ch 192, §56, 62; 99 Acts, ch 85, §8, 11
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.31 - Subsequent tiling.

479B.31 Subsequent tiling.
All additional costs of new tile construction caused by an existing pipeline or underground storage facility shall be paid by the pipeline company. To receive compensation under this section, the landowner or agent of the landowner shall either present an invoice specifying the additional costs caused by the presence of the pipeline which is accompanied by a written verification of the additional costs by the county engineer or soil and water conservation district conservationist or reach an agreement with the pipeline company on the project design and share of the cost to be paid by the pipeline company during the planning of the tiling project.
95 Acts, ch 192, §58, 62
Referred to in §479B.32
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 479B - HAZARDOUS LIQUID PIPELINES AND STORAGE FACILITIES › Section 479B.33 - Farmland improvements.

479B.33 Farmland improvements.
A landowner or contractor may require a representative of the pipeline company to be present on site, at no charge to the landowner, at all times during each phase and separate activity related to a farmland improvement within fifty feet of either side of a pipeline. If the pipeline company and the landowner or contractor constructing the farmland improvement mutually agree that a representative of the pipeline company is not required to be present, the requirements of this section are waived in relation to the farmland improvement which would have otherwise made the requirements of this section applicable. A farmland improvement includes, but is not limited to, the terracing of farmland and tiling.
2000 Acts, ch 1139, §6
Referred to in §479B.32
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 480 - UNDERGROUND FACILITIES INFORMATION › Section 480.3 - Notification center established — participation.

480.3 Notification center established — participation.
1. a. A statewide notification center is established and shall be organized as a nonprofit corporation pursuant to chapter 504.
(1) The center shall be governed by a board of directors which shall represent and be elected by operators, excavators, and other persons who participate in the center. The board, with input from all interested parties, shall determine the operating procedures and technology needed for a single statewide notification center and establish a notification process.
(2) In addition, the board shall either establish a competitive bidding procedure to select a vendor to provide the notification service or retain sufficient and necessary staff to provide the notification service.
(a) If a vendor is selected, the vendor contract shall be for a three-year period, which may be extended upon the approval of the board for a period not exceeding an additional three years. The terms of the vendor contract may be modified from time to time by the board and the vendor. The contract shall be reviewed, with an opportunity to receive new bids, at the end of the term of the contract.
(b) If the board retains staff to provide the notification service, the board, at the board’s discretion, may review the notification service at any time and make a determination to use the competitive bidding procedure to select a vendor.
b. Upon the selection of a vendor pursuant to paragraph “a”, the board shall notify the chairperson of the utilities board in writing of the selection. The board shall submit an annual report to the chairperson of the utilities board including an annual audit and review of the services provided by the notification center and the vendor.
c. The board is subject to chapters 21 and 22.
2. The board shall implement the latest and most cost-effective technological improvements for the center in order to provide operators and excavators with the most accurate data available and in a timely manner to allow operators and excavators to perform their responsibilities with the minimum amount of interruptions.
3. Every operator shall participate in and share in the costs of the notification center. The financial condition and the transactions of the notification center shall be audited at least once each year by a certified public accountant. The notification center shall not provide any form of aid or make a contribution to a political party or to the campaign of a candidate for political or public office. In addition to any applicable civil penalty, as provided in section 480.6, a violation of this section constitutes a simple misdemeanor.
87 Acts, ch 135, §3; 92 Acts, ch 1103, §3; 95 Acts, ch 112, §1; 98 Acts, ch 1049, §1; 2002 Acts, ch 1054, §1; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §393
Referred to in §423.3, 480.1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 480 - UNDERGROUND FACILITIES INFORMATION › Section 480.5 - Damage to underground facility — report to operator.

480.5 Damage to underground facility — report to operator.
1. An excavator shall as soon as practical notify the operator when any damage occurs to an underground facility as a result of an excavation. The notice shall include the type of facility damaged and the extent of the damage. If damage occurs, an excavator shall refrain from backfilling in the immediate area of the underground facilities until the damage has been investigated by the operator, unless the operator authorizes otherwise.
2. If the damage results in an emergency, the excavator shall take all reasonable actions to alleviate the emergency including but not limited to the evacuation of the affected area. The excavator shall leave all equipment situated where the equipment was at the time the emergency was created and immediately contact the operator and appropriate authorities and necessary emergency response agencies.
92 Acts, ch 1103, §5; 2019 Acts, ch 24, §104
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 480 - UNDERGROUND FACILITIES INFORMATION › Section 480.6 - Civil penalties.

480.6 Civil penalties.
1. A person who violates a provision of this chapter is subject to a civil penalty as follows:
a. For a violation related to natural gas and hazardous liquid pipelines, an amount not to exceed ten thousand dollars for each violation for each day the violation continues, up to a maximum of five hundred thousand dollars.
b. For a violation related to any other underground facility, an amount not to exceed one thousand dollars for each violation for each day the violation continues, up to a maximum of twenty thousand dollars.
2. The attorney general, upon the receipt of a complaint, may institute any legal proceedings necessary to enforce the penalty provisions of this chapter.
3. All amounts collected pursuant to this section shall be remitted to the treasurer of state, who shall deposit the amount in the general fund of the state.
92 Acts, ch 1103, §6
Referred to in §480.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 480 - UNDERGROUND FACILITIES INFORMATION › Section 480.8 - Local ordinances and regulations unaffected.

480.8 Local ordinances and regulations unaffected.
This chapter does not affect or impair any local ordinances or other provisions of law requiring permits to be obtained before excavation. However, a permit issued by any governing body does not relieve the excavator from complying with the requirements of this chapter, unless the governing body is the excavator and the governing body and the operator have agreed in writing to waive notification under this chapter. However, such an agreement shall not be considered in the issuance of any required permit.
92 Acts, ch 1103, §8
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 480 - UNDERGROUND FACILITIES INFORMATION › Section 480.9 - Liability for owner of farmland.

480.9 Liability for owner of farmland.
An owner of farmland used in a farm operation, as defined in section 352.2, who complies with the requirements of this chapter shall not be held responsible for any damages to an underground facility, including fiberoptic cable, if the damage occurred on the farmland in the normal course of the farm operation, unless the owner intentionally damaged the underground facility or acted with wanton disregard or recklessness in causing the damage to the underground facility. For purposes of this section, an “owner” includes a family member, employee, or tenant of the owner.
95 Acts, ch 192, §59
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 480 - UNDERGROUND FACILITIES INFORMATION › Section 480.10 - Communications not precluded.

480.10 Communications not precluded.
This chapter shall not be interpreted to preclude an excavator, an operator, or the notification center from having or engaging in communications in addition to the notification requirements specified in this chapter.
2014 Acts, ch 1047, §7
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 480A - PUBLIC UTILITIES IN PUBLIC RIGHTS-OF-WAY › Section 480A.1 - Purpose.

480A.1 Purpose.
The general assembly finds that it is in the public interest to define the right of local governments to charge public utilities for the location and operation of public utility facilities in local government rights-of-way.
98 Acts, ch 1148, §3, 9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 480A - PUBLIC UTILITIES IN PUBLIC RIGHTS-OF-WAY › Section 480A.2 - Definitions.

480A.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Local government” means a county, city, township, school district, or any special-purpose district or authority.
2. “Management costs” means the reasonable, direct, and fully documented costs a local government actually incurs to manage public rights-of-way.
3. “Public right-of-way” means the area on, below, or above a public roadway, highway, street, bridge, cartway, bicycle lane, or public sidewalk in which the local government has an interest, including other dedicated rights-of-way for travel purposes and utility easements. A public right-of-way does not include the airwaves above a public right-of-way with regard to cellular or other nonwire telecommunications or broadcasts service or utility poles owned by a local government or a municipal utility.
4. “Public utility” means a person owning or operating a facility used for furnishing natural gas by piped distribution system, electricity, communications services not including cable television systems, or water by piped distribution system, to the public for compensation.
98 Acts, ch 1148, §4, 9; 2019 Acts, ch 121, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 480A - PUBLIC UTILITIES IN PUBLIC RIGHTS-OF-WAY › Section 480A.3 - Fees.

480A.3 Fees.
1. A local government shall not recover any fee from a public utility for the use of its available right-of-way, other than a permit fee for management costs attributable to the public utility’s requested use of the local government’s right-of-way. A fee or other obligation under this section shall be imposed on a competitively neutral basis. When a local government’s management costs cannot be attributed to only one entity, those costs shall be allocated among all users of the public rights-of-way, including the local government itself. The allocation shall reflect proportionately the costs incurred by the local government as a result of the various types of uses of the public rights-of-way.
2. This section does not:
a. Prohibit the collection of a franchise fee as permitted in section 480A.6.
b. Prohibit voluntary agreements between a public utility and local government to share services for the purpose of reducing costs and preserving public rights-of-way for future public safety purposes.
98 Acts, ch 1148, §5, 9; 2019 Acts, ch 121, §2
Referred to in §480A.6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 480A - PUBLIC UTILITIES IN PUBLIC RIGHTS-OF-WAY › Section 480A.4 - In-kind services.

480A.4 In-kind services.
A local government, in lieu of a fee imposed under this chapter, shall not require in-kind services by a public utility right-of-way user or require in-kind services as a condition of the use of the local government’s public right-of-way, unless pursuant to a voluntary agreement between a public utility and local government to share services for the purpose of reducing costs and preserving public rights-of-way for future public safety purposes.
98 Acts, ch 1148, §6, 9; 2019 Acts, ch 121, §3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 480A - PUBLIC UTILITIES IN PUBLIC RIGHTS-OF-WAY › Section 480A.5 - Arbitration.

480A.5 Arbitration.
1. A public utility that is denied registration, denied a right-of-way permit, that has its right-of-way permit revoked, or that believes that the fees imposed on such user by the local government do not conform to the requirements of this chapter may request in writing that such denial, revocation, or fee imposition be reviewed by the governing body of the local government. The governing body of the local government shall act within sixty days on a timely written request. A decision by the governing body affirming the denial, revocation, or fee imposition must be in writing and supported by written findings establishing the reasonableness of the decision.
2. Upon affirmation by the governing body of the denial, revocation, or fee imposition, the public utility may do either of the following:
a. With the consent of the governing body, have the matter finally resolved by binding arbitration. Binding arbitration must be before an arbitrator agreed to by both the local government and the public utility. If the parties are unable to agree on an arbitrator, the matter shall be resolved by a three-person arbitration panel made up of one arbitrator selected by the local government, one arbitrator selected by the public utility, and one arbitrator selected by the other two arbitrators. The cost and expense of a single arbitrator shall be borne equally by the local government and the public utility. If a three-person arbitration panel is selected, each party shall bear the expense of its own arbitrator and the parties shall jointly and equally bear the cost and expense of the third arbitrator, and of the arbitration. Each party to the arbitration shall pay its own costs, disbursements, and attorney fees.
b. Bring an action in district court to review a decision of the governing body made under this section.
98 Acts, ch 1148, §7, 9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 480A - PUBLIC UTILITIES IN PUBLIC RIGHTS-OF-WAY › Section 480A.6 - Franchise ordinance not superseded.

480A.6 Franchise ordinance not superseded.
This chapter does not modify or supersede the rights and obligations of a local government and the public utility established by the terms of any existing or future franchise granted, approved, and accepted pursuant to section 364.2, subsection 4. A city which collects a city franchise fee from an entity pursuant to section 364.2, subsection 4, under an existing or future franchise, shall not also collect a fee from that entity under section 480A.3.
98 Acts, ch 1148, §8, 9
Referred to in §480A.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 481A - WILDLIFE CONSERVATION › Section 481A.2 - State ownership and title — exceptions.

481A.2 State ownership and title — exceptions.
The title and ownership of all fish, mussels, clams, and frogs in any of the public waters of the state, and in all ponds, sloughs, bayous, or other land and waters adjacent to any public waters stocked with fish by overflow of public waters, and of all wild game, animals, and birds, including their nests and eggs, and all other wildlife, found in the state, whether game or nongame, native or migratory, except deer in parks and in public and private preserves, the ownership of which was acquired prior to April 19, 1911, are hereby declared to be in the state, except as otherwise provided in this chapter. The title and ownership of all aquatic organisms in aquaculture units and private aquacultural waters shall be in private persons.
[S13, §2562-c, 2563-j; SS15, §2562-b; C24, 27, 31, 35, 39, §1704; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.2]
90 Acts, ch 1044, §1; 92 Acts, ch 1216, §2
C93, §481A.2
Referred to in §1.9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 481A - WILDLIFE CONSERVATION › Section 481A.3 - Conclusive presumption.

481A.3 Conclusive presumption.
Any person catching, taking, killing, or having in possession any of such fish, mussels, clams, frogs, game, animals, or birds, their nests or eggs, or other wildlife in violation of the provisions of this chapter, shall be held to consent that the title to the same shall be and remain in the state for the purpose of regulating and controlling the catching, taking, or having in possession the same, and disposing thereof after such catching, taking, or killing.
[S13, §2562-c; SS15, §2562-b; C24, 27, 31, 35, 39, §1705; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.3]
C93, §481A.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 481A - WILDLIFE CONSERVATION › Section 481A.4 - Fish hatcheries — game farms.

481A.4 Fish hatcheries — game farms.
The commission may establish and control the state hatcheries and game farms, which shall be used for the purpose of stocking the waters of the state with fish and the natural covers with game birds to the extent of the means provided for that purpose; and for impartially and equitably distributing all birds, eggs, and fry raised by or furnished to the state, or for the state through other sources, in the streams, lakes, and natural covers of the state.
[C97, §2539; SS15, §2539; C24, 27, 31, 35, 39, §1709; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.4]
C93, §481A.4
2019 Acts, ch 24, §69
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 481A - WILDLIFE CONSERVATION › Section 481A.5 - State game refuges.

481A.5 State game refuges.
1. The commission may establish state game refuges or sanctuaries on any land owned by the state of Iowa suitable for this purpose when necessary for the preservation of biological balance pursuant to the provisions of section 481A.39, for the protection of public parks, for the protection of the public health, safety and welfare, or to effect sound wildlife management.
2. In emergency situations when the maintenance of the biological balance as provided in section 481A.39 is threatened, the director may establish temporary state game refuges in conformity with sound wildlife management. The establishment of a temporary refuge shall be accomplished by posting notices in conspicuous places around the refuge. The establishment of a temporary refuge by the director shall be effective until five days after the next meeting of the commission or for such longer time as the commission may determine is necessary to maintain a biological balance as provided in section 481A.39 and to effect sound wildlife management.
[C27, 31, 35, §1709-a1; C39, §1709.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.5]
C93, §481A.5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 481A - WILDLIFE CONSERVATION › Section 481A.6 - Game management area.

481A.6 Game management area.
The commission may establish a game management area upon any public lands or waters, or with the consent of the owner upon any private lands or waters, when necessary to maintain a biological balance as provided in section 481A.39 or to provide for public hunting, fishing, or trapping in conformity with sound wildlife management; and when a game management area is established, the commission shall with the consent of the owner, if any, have the right to post and prohibit, and to regulate or limit the lands or waters against trespassing, hunting, fishing, or trapping, and any violation of the regulations is unlawful.
[C35, §1709-e1; C39, §1709.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.6]
90 Acts, ch 1216, §6
C93, §481A.6
Referred to in §805.8B(3)(c)
For applicable scheduled fines, see §805.8B, subsection 3, paragraph c
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 481A - WILDLIFE CONSERVATION › Section 481A.6A - Pen-reared pheasants — release by landowners and tenants.

481A.6A Pen-reared pheasants — release by landowners and tenants.
1. As used in this section, “pen-reared pheasant” means a Chinese ring-necked pheasant (Phasianus colchicus torquatus) and its subspecies which originates from a captive population and which has been propagated and held by a hatchery. For the purposes of this section “pen-reared pheasant” does not include a Reeves (Syrmaticus reevesii) or Lady Amherst (Chrysolophus amherstiae) pheasant, a subspecies of the Chinese ring-necked pheasant classified as a Japanese (Phasianus versicolor) or a Black-necked (P. colchicus colchicus) pheasant, or a melanistic mutant (black, white, or other color mix) of the Chinese ring-necked pheasant. This subsection is not applicable to game birds released for officially sanctioned field meets or trials and retriever meets or trials on private land pursuant to section 481A.22, pen-raised game birds used on private land pursuant to section 481A.56, or game birds released on hunting preserves pursuant to chapter 484B.
2. Notwithstanding section 481A.60, an owner or tenant of land may obtain pen-reared pheasants from a hatchery approved by the department, and raise or release the pen-reared pheasants on the owner’s or tenant’s land. A person shall not relocate a pen-reared pheasant to any other land.
3. A person taking a pen-reared pheasant shall comply with all requirements provided in this chapter and chapter 483A.
2010 Acts, ch 1180, §1; 2012 Acts, ch 1118, §5; 2013 Acts, ch 90, §143
Referred to in §484B.3
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 481A - WILDLIFE CONSERVATION › Section 481A.7 - Hunting on game refuges.

481A.7 Hunting on game refuges.
1. It shall be unlawful to hunt, pursue, kill, trap or take any wild animal, bird, or game on any state game refuge so established at any time of the year, and no one shall carry firearms thereon, providing, however, that predatory birds and animals may be killed or trapped under the authority and direction of the director.
2. The commission may specify the distance from a state game refuge where shooting is prohibited, and shall have notice of same posted at such distance in conspicuous places around the refuge, provided, however, this prohibition shall not apply to owners or tenants hunting on their own land outside of a state game refuge. The commission may prohibit shooting at any reasonable distance from a state game refuge deemed necessary to accomplish the purposes for which the refuge is established.
[C27, 31, 35, §1709-a2; C39, §1709.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.7]
86 Acts, ch 1245, §1855
C93, §481A.7
Referred to in §805.8B(3)(d)
For applicable scheduled fines, see §805.8B, subsection 3, paragraph d
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 481A - WILDLIFE CONSERVATION › Section 481A.8 - Notice of establishment.

481A.8 Notice of establishment.
When any such refuge or preserve is established by the commission, it shall post notices of such establishment in conspicuous places around the refuge.
[C27, 31, 35, §1709-a3; C39, §1709.4; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.8]
C93, §481A.8
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 481A - WILDLIFE CONSERVATION › Section 481A.9 - Spawning grounds.

481A.9 Spawning grounds.
To effect sound wildlife management and maintain biological balance as provided in section 481A.39, the commission may set aside certain portions of any state waters for spawning grounds where the same are suitable for this purpose for such length of time as it may deem advisable by the posting of notices in conspicuous places around such area, and it shall be unlawful for any person to fish or to in any manner interfere with the spawning of fish in this area. Any person violating any of the provisions of this section shall be guilty of a simple misdemeanor.
[C31, 35, §1709-c1; C39, §1709.5; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.9]
C93, §481A.9
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 481A - WILDLIFE CONSERVATION › Section 481A.10 - Reports and accounting.

481A.10 Reports and accounting.
At the time provided by law, the director shall make a report to the governor of the director’s doings for the preceding biennial period, including therein an itemized statement of all receipts and disbursements; also all contracts for the taking of soft fish from the waters of this state, with the profits accruing from such contracts; also such other information upon the subject of the culture of fish and the protection of game as may be of value. All funds derived under said contracts shall be paid into the state fish and game protection fund.
[C97, §2539; SS15, §2539; C24, 27, 31, 35, 39, §1710; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.10]
C93, §481A.10
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 481A - WILDLIFE CONSERVATION › Section 481A.10A - Farmer advisory committee.

481A.10A Farmer advisory committee.
1. The director shall establish a farmer advisory committee for the purpose of providing information to the department regarding crop and tree damage caused by deer, wild turkey, and other predators.
2. Members of the committee shall include a representative designated by each of the following organizations:
a. The Iowa corn growers association.
b. The Iowa farm bureau federation.
c. The Iowa farmers union.
d. The Iowa state horticulture society.
e. The Iowa Christmas tree growers association.
f. The Iowa nursery and landscape association.
g. The department of agriculture and land stewardship.
h. The Iowa state university agricultural extension service.
3. The committee shall meet with a representative of the department of natural resources on a semiannual basis. The committee shall serve without compensation or reimbursement for expenses.
87 Acts, ch 233, §224
CS87, §109.10A
C93, §481A.10A
2008 Acts, ch 1037, §1, 6; 2014 Acts, ch 1026, §111
Referred to in §481C.2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 481A - WILDLIFE CONSERVATION › Section 481A.11 - Seized or accidentally killed game — disposition.

481A.11 Seized or accidentally killed game — disposition.
Except as provided in section 481A.13 or 481A.13A, any game or fish seized by the commission under section 481A.12 or any game accidentally killed by a motor vehicle on a public highway shall, when salvageable, be disposed of as determined by the commission or its designee.
[C77, 79, 81, §109.11]
C93, §481A.11
2018 Acts, ch 1150, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 481A - WILDLIFE CONSERVATION › Section 481A.12 - Seizure of wildlife taken or handled illegally.

481A.12 Seizure of wildlife taken or handled illegally.
The director or any peace officer shall seize with or without warrant and take possession of, or direct the disposal of, any fish, furs, birds, animals, mussels, clams, or frogs, which have been caught, taken, or killed at a time, in a manner, or for a purpose, or had in possession or under control, or offered for shipment, or illegally transported in the state or to a point beyond its borders, contrary to the Code. All fish, furs, birds, animals, mussels, clams, or frogs seized under this section shall be relinquished to a representative of the commission, disposed of, or kept as provided in section 481A.13.
[SS15, §2539; C24, 27, 31, 35, 39, §1714; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.12]
88 Acts, ch 1216, §3
C93, §481A.12
94 Acts, ch 1148, §1; 2018 Acts, ch 1150, §2
Referred to in §331.653, 481A.11, 481A.13A, 483A.33, 716.8
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 481A - WILDLIFE CONSERVATION › Section 481A.13 - Search warrants.

481A.13 Search warrants.
1. Any court having jurisdiction of the offense, upon receiving proof of probable cause for believing that any fish, mussels, clams, frogs, birds, furs, or animals caught, taken, killed, had in possession, under control, or shipped, contrary to the Code, or hidden or concealed in any place, shall issue a search warrant and cause a search to be made in any place therefor.
2. The property so seized under warrant shall be safely kept under the direction of the court so long as necessary for the purpose of being used as evidence in any trial. If a trial results in a conviction, the property seized shall be confiscated by the director or the director’s officers. If the trial does not result in a conviction, the property shall be returned to the person pursuant to section 481A.13A unless the property is fish or wildlife that is illegal to possess, including fish or wildlife that was taken, possessed, or transported unlawfully.
[SS15, §2539; C24, 27, 31, 35, 39, §1716; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §109.13]
88 Acts, ch 1216, §4
C93, §481A.13
2018 Acts, ch 1150, §3; 2019 Acts, ch 24, §70
Referred to in §481A.11, 481A.12, 481A.13A
Search warrant proceedings, chapters 808 and 809