Iowa Administrative Code › Agency 605 - Homeland Security and Emergency Management Department › Chapter 14 - Flood Mitigation Program › Rule 605-14.4 - Flood Mitigation Project Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An eligible applicant is a governmental
			 entity as defined in rule
			 605-142.
			 (418).
(2) Eligible project types
			 include construction and reconstruction of levees, embankments, impounding
			 reservoirs, conduits, or other means that are necessary for the protection of
			 property from the effects of floodwaters and may include the deepening,
			 widening, alteration, change, diversion, or other improvement of watercourses
			 if necessary for the protection of such property from the effects of
			 floodwaters. A project may consist of one or more phases of construction or
			 reconstruction that are contracted for separately if the larger project, of
			 which the project is a part, otherwise meets the requirements of this
			 subrule.
(3) For the project to be
			 eligible for flood mitigation funding from the sales tax increment fund, the
			 project, or an earlier phase of the project, is required to have been approved
			 to receive federal financial assistance under the Water Resources Development
			 Act (WRDA), the Environmental Protection Agency (EPA), or other federal
			 programs providing assistance specifically for hazard mitigation. Prior to
			 submission of an application, a governmental entity shall request a report from
			 the Iowa department of revenue that provides recent historical data on sales
			 tax revenue and trends in sales tax revenue growth. If a project is eligible
			 for state financial assistance under Iowa Code section
			 29C6(17).,
			 such project is ineligible for flood mitigation funding under this chapter. The
			 federal award must be in an amount equal to at least 20 percent of the total
			 project cost or $30 million, whichever is less.
(4) For the project to be eligible for flood
			 mitigation funding from the flood mitigation fund or sales tax increment fund,
			 the governmental entity shall provide a local match of at least 50 percent of
			 the total cost of the project less any federal financial assistance. The sales
			 tax increment shall fund a maximum of 50 percent of the total project cost. The
			 federal share of the total project cost shall be a minimum of 20 percent of the
			 total project cost or $30 million, whichever is less. The local match, when
			 combined with the federal share, shall fund a minimum of 50 percent of the
			 total project cost. The governmental entity shall provide funding for the local
			 match.
(5) The project must result
			 in nonpublic investment in the governmental entity's area, as defined in Iowa
			 Code section
			 41811(3).,
			 of an amount equal to 50 percent of the total cost of the project. For purposes
			 of this subrule, "nonpublic investment" means investment by nonpublic entities
			 consisting of capital investment or infrastructure improvements occurring in
			 anticipation of or as a result of the project during the period of time between
			 July 1, 2008, and ten years after the board approves the project.
(6) A governmental entity shall not seek
			 approval from the board for a project if the governmental entity previously had
			 a board-approved project or if the governmental entity was part of a
			 governmental entity as defined in rule
			 605-142. (418) that
			 had a board-approved project.