reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 7 - Rules of Practice in Contested Cases › Rule 571-7.1 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The commission adopts by reference 561-Chapter 7, Iowa
				  Administrative Code.
This rule is intended to implement Iowa Code sections
				  17A.3
				  and
				  17A.12
				  to
				  17A.18.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 11 - Waivers or Variances From Administrative Rules › Rule 571-11.1 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The commission adopts by reference 561-Chapter 10, Iowa
				  Administrative Code, provided that the word "commission" is substituted for the
				  word "department" throughout.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.20 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code sections
				  321G.23,
				  321G.24,
				  321I.25,
				  321I.26,
				  462A.12(6),
				  462A.12A, and
				  483A.27(8),
				  these rules set forth curriculum and course standards for the department's
				  recreation education courses and provisions for certification of volunteer
				  instructors and approved mentors to teach, advise, and train
				  others.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.21 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this division:
"Certified instructor"
means a person who
				  meets all criteria in rule
				  571-12.23 (321G,321I,462A,483A)
				  and the specifics contained in each education program's Instructor Policies and
				  Procedures Manual and who wishes to voluntarily teach an education
				  course.
"Education course"
means the department's
				  bow hunter, fur harvester, mentor, snowmobile, all-terrain vehicle (ATV),
				  boating, snow groomer operator, and hunter education programs.
"Mentor"
means a person skilled and
				  knowledgeable in a particular activity or subject area and who has been
				  approved by the department or a recognized partner organization to teach,
				  advise, and train others in that activity or subject area.
"Online event and instructor management
				  system"
means a web-based application that tracks student data, allows
				  students to register for courses, allows certified instructors to list their
				  course offerings and to track volunteer hours and program details, and displays
				  downloadable files.
"Outdoor skills specialist"
means a person
				  who manages and trains volunteers and mentors to participate in the recreation
				  education programs of the department.
"Program coordinator"
means a person
				  assigned to coordinate instructor certification and development activities,
				  develop curriculum standards for the programs, conduct outreach for the
				  programs, train volunteer instructors and mentors and evaluate their skills,
				  and serve as the primary contact for information about the
				  programs.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.22 - Mentor and Certified Instructor Application Process

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application procedures.
a. The instructor or mentor applicant must
				request an application by contacting a program coordinator or outdoor skills
				specialist.
b. The instructor or
				mentor applicant must provide all information requested on the application or
				the department may reject the application.
c. The application will remain on file until
				the instructor or mentor applicant meets all the requirements in rule
				571-12.23
				(321G,321I,462A,483A).
d. Once the
				instructor applicant successfully completes all required training and meets all
				required qualifications, the program coordinator or outdoor skills specialist
				shall document that all certification requirements have been met and shall
				issue a certified instructor identification card to the applicant.
e. Once the mentor applicant meets all
				required qualifications, the program coordinator or outdoor skills specialist
				will notify the successful applicant and provide the applicant with guidance on
				the process to begin mentoring.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.23 - Requirements for Instructor Certification and Mentoring

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Minimum requirements.
The conditions listed in this rule must
				be satisfied before an instructor applicant may become a certified instructor
				or an approved mentor. Failure to meet these requirements shall result in the
				denial of the application. The applicant will be notified of the denial by the
				program coordinator or outdoor skills specialist. The applicant must:
a. Submit an application as provided by the
				department.
b. Be at least 18 years
				of age.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.24 - Mentor and Certified Instructor Responsibilities and Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A mentor or
				certified instructor has the following responsibilities:
a. To follow all administrative rules and
				applicable policies and procedures as set forth by the department for the
				specified education program.
b. To
				assist in the recruitment of additional instructors and mentors.
c. To recruit and train students or
				mentees.
d. To actively promote and
				publicize the education courses and mentorship opportunities. A course must be
				posted at least 30 days prior to the start date.
e. To maintain order and discipline in the
				learning environment at all times.
f. To accurately and completely fill out
				forms and reports within the online event and instructor management system, or
				on paper forms if applicable.
g. To
				teach the education course or perform the mentorship role as prescribed by the
				department.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.26 - Temporary Suspensions and Immediate Revocations of Instructor Certifications or Approved Mentor Status

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
				complaint made against a certified instructor or a mentor will be taken
				seriously and will be investigated by a program coordinator or a conservation
				officer. If convincing evidence exists that a certified instructor or mentor
				engaged in any of the activities listed in rule
				571-12.25 (321G,321I,462A,483A),
				the instructor's certification or mentor's approved status will be temporarily
				suspended. A letter detailing the reason(s) for the suspension will be sent via
				certified mail to the last-known address of the instructor or mentor. The
				letter will detail the length of the suspension and any corrective action to be
				taken before the instructor or mentor can be reinstated.
(2) At the conclusion of the department's
				investigation, any certified instructor or mentor who is found to have engaged
				in the activities listed in rule
				571-12.25 (321G,321I,462A,483A),
				numbered paragraph "3," "5," "7," "8," "10," or "11," shall immediately have
				the instructor's certification or mentor status revoked.
(3) At the conclusion of the department's
				investigation, if a certified instructor is found to have engaged in the
				activities listed in rule
				571-12.25 (321G,321I,462A,483A),
				numbered paragraph "1," "2," "4," "6," "9," or "12," the suspension shall be
				exercised at the department's discretion based upon the nature and seriousness
				of the misconduct.
(4) For the
				hunter education program, bow hunter education program, and fur harvester
				education program, the results of the department's investigation shall be
				supplied to the Iowa hunter education instructor association (IHEIA), which
				shall review the results and supply a disciplinary recommendation to the
				department. The department shall consider IHEIA's recommendation when
				exercising its discretion to suspend or revoke the instructor's certification,
				based upon the nature and seriousness of the misconduct.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.27 - Termination of Certification or Mentor Status

Current through Register Vol. 47, No. 3, July 24, 2024
Any certified instructor or mentor has the right, at any
				  time, to voluntarily stop teaching or mentoring. If a certified instructor
				  voluntarily terminates the certification or the instructor's certification is
				  terminated by the department, the instructor must return to the department the
				  certification card and all materials that were provided to the
				  individual.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.28 - Compensation for Instructors and Mentors

Current through Register Vol. 47, No. 3, July 24, 2024
Instructors and mentors shall not receive any compensation
				  for their time either directly or indirectly from students or mentees while
				  preparing for or participating in a course or mentorship. However, instructors
				  or mentors may require students and mentees to pay for actual, course-related
				  or mentorship expenses involving facilities, meals, or materials other than
				  those provided by the department. All certified instructors and mentors shall
				  keep all records, bills, receipts, etc., relating to student payments for at
				  least five years after the course and shall submit such documents to the
				  department upon request.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.31 - Atv Education Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The department has developed a course designed to meet the statutory
				requirement in Iowa Code section
				321I.25. The education course is
				designed to teach ATV riders the principles and behaviors of safe and
				responsible ATV riding.
(2)
				Reciprocity. The department recognizes safety courses taught by ATV Safety
				Institute (ASI)-certified instructors and those sanctioned by a governmental
				authority of another state. Students who successfully complete such a course
				are not required to take any additional training and are eligible to receive an
				education card issued by the department upon proof of completion of the course
				and payment of the certification fee.
(3) The following criteria apply to the ATV
				education program:
a. Any student who is 11
				years of age or older may enroll in a course and receive a certificate if the
				student successfully completes the course; however, if the student is 11 years
				old, the certificate shall not become valid until the student's twelfth
				birthday.
b. Students shall
				register as described on the program's website.
c. Students engaging in the rider-based
				course must provide their own protective riding gear and a properly sized ATV.
				The student will follow all applicable requirements of Iowa Code chapter
				321I.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.32 - Snowmobile Education Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The department has developed an education course designed to meet the statutory
				requirement in Iowa Code section
				321G.23.
(2) The following criteria apply to the
				snowmobile education program:
a. Any student
				who is 11 years of age or older may enroll in a course and receive a
				certificate if the student successfully completes the course; however, if the
				student is 11 years old, the certification shall not become valid until the
				student's twelfth birthday.
b.
				Students shall register as described on the program's
				website.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.33 - Boating Education Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				In accordance with Iowa Code sections
				462A.12(6)  and
				462A.12A, the goal of the
				boating education program and education course is to promote safe and
				responsible boating practices.
(2)
				Reciprocity. The department also recognizes safety courses taught by the United
				States Coast Guard Auxiliary and America's Boating Club/United States Power
				Squadrons-certified instructors. Students who successfully complete such a
				course are not required to take any additional training or testing from the
				department and are eligible to receive an education card issued by the
				department upon proof of completion of the course and payment of the
				certification fee.
(3) The boating
				education course is taught by certified instructors virtually or in a classroom
				setting and shall be six to eight hours in length.
(4) The following criteria apply to the
				boating education program:
a. Any student who
				is 11 years of age or older may enroll in a course and receive a certificate if
				the student successfully completes the course; however, if the student is 11
				years old, the certification shall not become valid until the student's twelfth
				birthday.
b. Students will be given
				a written examination that they must pass with 80 percent accuracy in order to
				earn an education certificate.
c. A
				home study course may be offered at the discretion of the department. The home
				study packet will contain the same written material provided in the
				classroom-based setting. An attestation form must be signed by the parent or
				guardian stating that the student completed the work. A student must pass a
				written examination with 80 percent accuracy in order to earn an education
				certificate.
d. The cost of the
				education course, for both the instructor-led class and the home study option,
				is $5 per student. Payment may be made when the student registers for the
				course or to the instructor at the time of class. Home study students must mail
				in payment with their completed course paperwork. Payment shall be made by
				check or money order made payable to the department. Course fees are
				nonrefundable.
e. Students shall
				register as described on the program's website.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.34 - Hunter Education Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The hunter education program is designed to teach students basic survival and
				first-aid skills, water safety, wildlife identification, and the basics of
				wildlife management, hunting laws, and firearm/archery safety. The education
				course also stresses the importance of individual responsibility and outdoor
				ethics.
(2) The education course is
				taught by certified instructors and shall have both classroom and hands-on
				components unless otherwise exempted by law. Where permitted, live fire
				exercises may be taught.
(3) The
				hunter education program also offers an online course/field day. The online
				course, offered by an approved third-party vendor, covers the same subject
				taught in the lecture portion of the department's course and meets the
				standards set forth by the International Hunter Education Association-United
				States of America (IHEA-USA). A field day voucher must be obtained from the
				approved vendor upon the student's successful completion of the online course.
				The field day voucher is valid for one year from the date of issuance and
				authorizes entrance into a field day course. The field day is designed to meet
				the additional required elements of the hunter education program as set forth
				in Iowa Code section 483A.27.
(4) Reciprocity. The department recognizes
				hunter education courses sanctioned by a governmental authority of another
				state, province or country that meets the current IHEA-USA content and delivery
				standards. Students who successfully complete such a course are not required to
				take any additional training and are eligible to purchase an Iowa hunting
				license as long as they meet all other licensing requirements.
(5) The following criteria apply to the
				hunter education program:
a. Any student who
				is 11 years of age or older may enroll in a course and receive a certificate if
				the student successfully completes the course; however, if the student is 11
				years old, the certificate shall not become valid until the student's twelfth
				birthday. If the certificate is lost, a replacement certificate may be obtained
				during regular business hours or online.
b. A student successfully completes the
				course by passing both the classroom-based instruction and a hands-on firearm
				component. A student successfully passes the classroom-based instruction by
				achieving a score of 75 percent or higher on the end of course exam. A student
				passes the hands-on component by demonstrating the safe handling of a firearm.
				Upon successful completion of the course, a student shall be issued a
				certification of completion.
c.
				Students shall register as described on the program's
				website.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.35 - Snow Groomer Operator Education Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department has developed a program to
				educate snow groomer operators to meet the statutory requirement of Iowa Code
				section 321G.2.
(2) The snow groomer operator education
				program includes review of the department's policies and procedures, course
				materials, operator certification requirements, paperwork requirements, and the
				department's equipment agreement and completion of an apprenticeship.
(3) The following criteria apply to the snow
				groomer operator education program:
a. An
				operator must be at least 18 years of age and possess a valid driver's
				license.
b. Operators shall agree
				to follow all policies and procedures as set forth by the department.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.36 - Bow Hunter Education Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The education course for the bow hunter education program is designed to teach
				bow hunters safe and ethical hunting techniques and to instill responsible
				attitudes toward people, wildlife, and the environment. The education course is
				based on the National Bowhunter Education Foundation's publications and is
				administered by the department. The education course covers topics such as
				responsibilities of a bow hunter, knowledge necessary before hunting, shot
				placement, tree stand safety, blood trailing, and game care.
(2) The education course is offered in both a
				classroom and an online setting.
a. The
				classroom course is taught by certified instructors and consists of both a
				lecture and hands-on exercises. Students will be given a written examination,
				which they must pass with 75 percent accuracy in order to earn a certificate of
				completion.
b. An online course is
				available through the department's website. The online course meets the
				standards set by IHEA-USA. The online-only course has the same general content
				as the traditional classroom-based course. To complete the online-only course,
				a student must pass a final exam with a score of 75 percent or higher. Upon
				successful completion of the course and payment of any applicable online course
				fees to an approved vendor, the student will be issued a permanent certificate
				that the student can download and print immediately.
c. Students shall register as described on
				the program's website.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.37 - Fur Harvester Education Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The fur harvester education program is
				designed to teach trappers safe and ethical trapping techniques and to instill
				responsible attitudes toward people, wildlife, and the environment.
(2) The education course is offered in both a
				classroom and an online setting.
a. The
				classroom course is taught by certified instructors, and students will receive
				instruction and hands-on training on the history and heritage of the fur trade,
				biology and management of Iowa furbearers, wildlife regulations and their
				purpose, ethics and responsibility, fur harvesting equipment, the basics of
				harvesting Iowa furbearers, marketing furbearers, public relations, and the
				basics of outdoor safety and survival. Students will receive a certificate of
				completion at the end of the education program.
b. An online course is available through the
				department's website. The online course meets the standards set by IHEA-USA and
				has the same general content as the traditional classroom-based course. To
				complete the online course, a student must pass a final exam with a score of 75
				percent or higher. Upon successful completion of the course and payment of any
				applicable online course fees to an approved vendor, the student will be issued
				a permanent certificate that the student can download and print
				immediately.
c. Students shall
				register as described on the program's website.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.61 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this division:
"Athlete"
or
"student"
means a member of a department-approved shooting sports team.
"Certified coach or instructor"
means a
				  person who wishes to coach a shooting sports team and who meets all criteria in
				  rule 571-12.24 (481A) and the
				  specifics contained in the department's certified coach policies and procedures
				  manual.
"Trainer"
means someone who has received
				  specialized advanced training and is certified to train coaches or instructors
				  in a national program.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.62 - Department-recognized Shooting Sports Programs

Current through Register Vol. 47, No. 3, July 24, 2024
The following shooting sports programs are recognized by the
				  department:
(1)
Archery.
The National Archery in the Schools Program (NASP) or
				other equivalent nationally recognized archery program including bullseye and
				3D target training, education, and competition.
(2)
Rifle and pistol.
The
				Scholastic Action Shooting Program (SASP) or other equivalent nationally
				recognized rifle and pistol program, which may include centerfire, rimfire, and
				air-powered disciplines.
(3)
Shotgun.
The Scholastic Clay Target Program (SCTP) or other
				equivalent nationally recognized clay target shooting program that includes
				both American and international clay target disciplines.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.63 - Administration of Shooting Sports Programs

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Program coordinator. The department shall
				assign a program coordinator for the programs identified in rule
				571-12.62(481A).
(2) The program
				coordinator's responsibilities shall include the following:
a. Coordinate the overall program in the
				state.
b. Coordinate regular coach
				certification and development training opportunities.
c. Coordinate athlete competitions and state
				championship events and serve as the shoot director for championship
				events.
d. Develop policies and
				procedures for the program, including any state-specific eligibility criteria
				and rules of play for the program. Such standards shall be published on the
				department's website prior to the start of the season.
e. Enforce and uphold all national and
				state-specific program rules.
f.
				Conduct outreach for the program and serve as the primary point of contact in
				the state for the program.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.64 - Certified Coach or Instructor Requirements and Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Registration procedure.
The certified coach or instructor
				applicant must register with the applicable program and meet the minimum
				requirements in subrule 12.64(2). The applicant shall completely and accurately
				fill out the registration form.
(2)
Minimum requirements.
Failure to meet the following
				requirements shall result in the denial of the applicant's registration. The
				applicant shall be notified of the denial by the program coordinator.
a.
Minimum age.
The
				applicant must meet the minimum age of the program.
(1) For archery, certified coaches must be 18
				years of age.
(2) For rifle and
				pistol, certified head coaches must be 21 years of age. Certified assistant
				coaches must be at least 18 years of age.
(3) For shotgun, certified head coaches must
				be 21 years of age. Certified assistant coaches must be 18 years of
				age.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.65 - Athlete or Student Requirements and Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Registration.
The
				athlete or student shall contact the athlete's or student's local shooting
				sports team to participate. The head coach will provide the athlete or student
				with an electronic link to register online with the applicable
				program.
(2)
Requirements.
An athlete or student participating on a
				department-approved shooting sports team shall abide by the following
				requirements. Failure to do so may result in removal from the program,
				disqualification from competitions, or both.
a. Complete any national program or
				department-required documents prior to participation.
b. Follow any applicable national program or
				state-specific program rules or policies including but not limited to
				handbooks, rules, conduct requirements, and sportsmanship contracts.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.66 - Certified Trainer Requirements and Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Registration.
A
				certified trainer applicant must register with the applicable program. The
				applicant shall completely and accurately fill out the registration form. A
				certified trainer applicant must have successfully completed certified coach or
				instructor training before being eligible to become a certified
				trainer.
(2)
Responsibilities.
a. The
				trainer applicant must register with the applicable program and meet the
				program's minimum requirements. The applicant shall completely and accurately
				fill out the registration form.
b.
				A certified trainer shall represent the department and respective program in a
				professional and positive manner that supports the department's goals and
				mission and shall avoid even the appearance of impropriety while
				instructing.
c. The certified
				trainer will work with the program coordinator to identify and schedule
				training classes around the state.
d. Trainers will utilize the online class
				registration system for the program to create coach training classes for which
				coach applicants can register.
e.
				Certified trainers must conduct at least one class per year to remain an active
				certified trainer.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 12 - Conservation Education › Rule 571-12.67 - Grounds for Revocation or Suspension of Certification of a Certified Trainer, Coach, or Instructor

Current through Register Vol. 47, No. 3, July 24, 2024
The department may, at any time, seek to revoke or suspend
				  the certification of a certified trainer, coach, or instructor who:
(1) Fails to meet the responsibilities and
				requirements as outlined in rule 571-12.64(481A) or 571-12.66(481A), as
				appropriate.
(2) Fails to follow
				the policies and procedures of the department.
(3) Falsifies any information that may be
				required by the department. Falsifying information is understood to mean
				purposefully supplying information that is inaccurate or misleading or the
				intentional omission of information.
(4) Handles any shooting sports equipment in
				a negligent, reckless, or unsafe manner, or allows any student to do
				so.
(5) Is convicted of or forfeits
				a bond for any fish and game, snowmobile, ATV, or navigation violation of this
				state or any other state.
(6) Uses
				profanity or inappropriate language, such as any type of lewd, sexist, or
				racial references or generalities; engages in any kind of discriminatory
				conduct due to race, color, national origin, religion, sex, age, disability, or
				sexual orientation; or otherwise acts in an unprofessional manner.
(7) Engages in the physical punishment of a
				student, including the use of unreasonable or unnecessary physical force or
				physical contact made with the intent to cause pain, or any type of indecent
				contact with a child as defined by the Iowa Code.
(8) Coaches while under the influence of
				alcohol or any illegal drug or while ingesting prescription medication in a
				manner contrary to the dosing directions given by the prescribing
				physician.
(9) Has substantiated
				complaints filed against the trainer, coach, or instructor by the public,
				department personnel, or another certified volunteer coach.
(10) Is under investigation for committing,
				is in the process of a judicial proceeding based on the allegation of
				committing, or is convicted of committing a felony or misdemeanor as defined in
				the statutes of this state or another state, except for simple misdemeanors
				under Iowa Code chapter 321 or its counterparts in other states. Every
				certified trainer, coach, or instructor is subject to a criminal history check
				and conservation violation check at any time during the individual's tenure as
				a certified trainer, coach, or instructor.
(11) Is suspended or expelled by a national
				governing body for a shooting sports program.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The commission holds lands and waters under its jurisdiction
				  in public trust and protects the interests of all citizens in these lands and
				  waters.
(1) These rules establish
				procedures and regulate the evaluation and issuance of permits for construction
				or other activities that alter the physical characteristics of public lands and
				waters under the jurisdiction of the commission, including those activities
				that occur over or under such lands and waters. However, these rules do not
				apply to activities accomplished by the department and its agents that would
				only temporarily alter the characteristics of public lands and waters and that
				would be considered management practices.
(2) These rules also establish procedures for
				issuance of easements to public utilities and political subdivisions for
				activities that are determined to have a permanent effect on use and enjoyment
				of public lands and waters under the jurisdiction of the commission.
(3) These rules do not apply to:
a. Impoundments regulated under Iowa Code
				chapter 462A.
b. Docks regulated
				under 571-Chapter 16, except as specified herein.
c. Stationary blinds regulated under rule
				571-51.6(481A).
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.2 - Affected Public Lands and Waters

Current through Register Vol. 47, No. 3, July 24, 2024
These rules are applicable to all fee title lands and waters
				  under the jurisdiction of the commission; dedicated lands and waters under the
				  jurisdiction of the commission and managed by the commission for public access
				  to a meandered sovereign lake or meandered sovereign river; meandered sovereign
				  lakes; meandered sovereign rivers; and sovereign islands, except those portions
				  of the Iowa River and the Mississippi River where title has been conveyed to
				  charter cities.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.4 - Permits Required

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
No person shall temporarily or permanently place or
				build any structure or alter the characteristics of public lands or waters
				under the jurisdiction of or managed by the commission without a permit issued
				by the department prior to commencement of such activities as provided in the
				rules of this chapter.
(2)
Hazardous conditions.
Trees, rock, brush or other natural
				materials located on sovereign or dedicated lands may be removed by persons
				without a permit issued pursuant to these rules only after the department, in
				its sole discretion, determines and evidences in writing that a hazard or other
				detrimental condition exists and that the proposed mitigative activity is
				appropriate. Such activity shall be limited only to the work required to
				address the immediate hazard or other detrimental condition. Any removal
				allowed by this rule shall conform to the requirements enumerated by the
				department regarding such removal, or the removal shall be deemed an
				unauthorized action resulting in damage to public lands and waters. Persons
				proposing to remove hazards must contact a local department official and
				request an exception to a permit. The department official shall inspect the
				hazard and provide written authorization to proceed or shall require the person
				to apply for a permit.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.5 - Interest in Real Estate

Current through Register Vol. 47, No. 3, July 24, 2024
A permit shall be construed to do no more than give the
				  permit holder a license to alter an area as specifically set forth in the
				  permit. The permit creates no interest, personal or real, in the real estate
				  covered by the permit.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.6 - Evaluation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In
				considering complete applications, the department will evaluate the impact of
				the proposed activities on public use and enjoyment of public lands or waters,
				on the natural resources in the areas within and surrounding the proposed
				activities, and the department's present and future intended management for the
				area against the applicant's identified and reasonable need to undertake the
				proposed activities and the viable alternatives that may exist with respect to
				the proposed activities.
(2) In no
				event shall the department issue a permit for activities that:
a. May result in the taking, possession,
				transport, import, export, processing, selling, buying, transporting, or
				receiving any species of fish, plants or wildlife appearing on lists referenced
				in Iowa Code section 481B.5, unless the permittee
				meets one of the exemptions enumerated in rule
				571-77.4 (481B).
b. Have not received floodplain permits
				pursuant to Iowa Code chapter 455B and 567-Chapters 70 through 76, if
				applicable.
c. May impact a
				littoral or riparian property owner without the express written permission of
				the littoral or riparian property owner.
d. Do not comply with the review standards
				defined in rule 571-13.7
				(455A,461A,462A).
e. Interfere with
				department obligations or limitations related to federal funds or agreements or
				other restrictive covenants that may be applicable to the affected
				area.
f. Allow fill to be placed
				beyond the OHWM of waters described in rule
				571-13.2 (455A,461A,462A) for
				purposes of regaining land lost due to erosion.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.7 - Review Standards

Current through Register Vol. 47, No. 3, July 24, 2024
Department staff shall conduct an environmental review of the
				  application. In completing the environmental review, different bureaus and
				  staff members of the department will provide input based on law, professional
				  judgment, data and accepted scientific theory. The following standards shall
				  apply to permits issued under the rules of this chapter:
(1)
Uses of public lands and
				waters.
Development of public lands and public waters permitted by
				these rules shall be limited to projects that meet all of the following
				criteria. The projects:
a. Are built to
				minimally impact the natural resources of public recreational use and
				navigation on such lands and waters. Specifically, applicants must demonstrate
				that the project accomplishes all of the following:
(1) Does not negatively impact water quality
				in or around the proposed permitted area.
(2) Minimizes erosion and sedimentation in or
				around the proposed area.
(3)
				Minimizes detrimental impacts to biological and botanical resources in or
				around the proposed area, including upland, wetland and sensitive areas and
				unique community structures.
(4)
				Complies with laws and regulations related to threatened and endangered
				species, through both federal and state programs.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.8 - Leases or Easements as a Condition of Permits

Current through Register Vol. 47, No. 3, July 24, 2024
If a permitted structure or its use will have a continuing
				  impact on the availability or desirability of public lands or public waters,
				  the permit shall be conditioned on the requirement that the permittee obtain a
				  lease or easement under Division II of this chapter. However, a lease or
				  easement shall not be required for proposed activities that are wholly within
				  the scope of the permittee's littoral or riparian rights.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.9 - Permit Application

Current through Register Vol. 47, No. 3, July 24, 2024
Applicants shall apply for permits using an application form
				  provided by the department. Permit application resources can be found on the
				  Permit and Environmental Review Management Tool (PERMT) at
programs.iowadnr.gov/permt/
. Applicants shall state
				  the need for the proposed construction or use, the availability of
				  alternatives, and the measures proposed to prevent, minimize or mitigate
				  adverse impacts to natural resources or public use of the affected area. The
				  department reserves the right to refuse to review incomplete applications. Each
				  application, including all amendments, shall be signed by the applicant and
				  authorized agent if one shall be so appointed by the applicant. The applicant's
				  signature shall acknowledge that the application is accurate and made in good
				  faith.
(1) For purposes of this rule,
				the department will deem an application complete if the application meets all
				of the following criteria. The application:
a.
				Is provided on the department's form, and all fields are completed and
				legible;
b. Includes the name(s),
				mailing address and telephone number of the applicant(s) and authorized
				agent(s), if applicable;
c.
				Describes the proposed activity, including:
(1) Physical address and legal description of
				the location where the proposed activity is to occur; a written description of
				existing natural and man-made structures and features; an aerial photograph, if
				possible or available; and a ground-level photograph(s) showing the area where
				the activity is proposed to occur;
(2) Schematic or design plans, including
				cross sections and plan views, that accurately and clearly depict the proposed
				activities;
(3) Description of the
				construction methods used to complete the project, the methods used to
				transport material to the site, and the type and amount of material to be
				used;
(4) Description of measures
				proposed to prevent or minimize adverse impacts on the property in the proposed
				area;
(5) Description of any
				borrows or disposal sites, including the location of any borrows or disposal
				sites and the type and amount of material to be borrowed or disposed of in
				them;
d. Includes
				identification of the OHWM, if the proposed activities are in or near a
				meandered sovereign lake or meandered sovereign river;
e. Describes alternative plans to undertake
				the activity that may be available to the applicant;
f. Identifies the need for the proposed
				activity in the proposed project area;
g. Provides a statement of consent for the
				department to enter the property during the term of the proposed
				permit.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.10 - Additional Information or Analysis Required for Permit Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The director
				may require an applicant to provide additional information, at the applicant's
				sole cost, necessary to complete review of the application, including but not
				limited to study of alternatives to construction on public lands and waters,
				social and environmental impacts of the proposed activities, professional
				surveys to establish the social and environmental impacts of the proposed
				activities, professional land surveys to delineate or show real property
				boundaries and other characteristics, and a professional real estate appraisal
				of the value that a permit may convey.
(2) If the applicant does not respond to a
				request for additional information within 90 days of such request being made by
				the department, the department may withdraw the application from consideration
				and the applicant must reapply for the permit.
(3) When the director determines that the
				proposed activity will significantly affect the public interest, the director
				may hold a public meeting in the vicinity of the proposed activity. When a
				public meeting is held, the director shall consider public input in conjunction
				with other information collected or provided as part of the application review
				when acting on a permit application.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.11 - Permit Issued or Denied

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall promptly review all permit applications,
				  and the director shall issue a permit or deny all or part of an application
				  upon completion of review. A permit may include specified conditions denying
				  the application in part and the reasons for the conditions. The denial of a
				  permit may include a proposed removal order. A permit denial shall be final
				  agency action, unless the unsuccessful applicant otherwise has a constitutional
				  right to a contested case, in which case an administrative appeal pursuant to
				  procedures in 571-Chapter 7 shall be available. The unsuccessful applicant's
				  request for a contested case may include a request for a waiver under the
				  provisions of Iowa Code section
				  17A.9A and 571-Chapter 11. The
				  decision of the presiding officer in a contested case shall constitute final
				  agency action.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.12 - Authorized Agent

Current through Register Vol. 47, No. 3, July 24, 2024
When an authorized agent is designated on the application for
				  a permit and acknowledges the same, that authorized agent shall be responsible
				  in the same manner as the permittee to comply with the terms of the permit
				  issued.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.13 - Inspection

Current through Register Vol. 47, No. 3, July 24, 2024
The department may inspect the location during the term of
				  the permit to ensure that the permitted activities comply with the terms of the
				  permit. The permittee shall grant the department the right to access the
				  permitted activities for purposes of inspecting the permitted activities during
				  the term of the permit. If the permittee denies permission for entry, the
				  department may obtain an order from the Iowa district court for the county in
				  which the permitted activities or the majority of the permitted activities
				  occur, as needed, to enable the department to carry out its inspection duty.
				  The intent of the inspection is to evaluate compliance with permit conditions
				  and the impact to the natural resources and the public's recreational use of
				  the area.
Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title I - General › Chapter 13 - Permits and Easements for Construction and Other Activities on Public Lands and Waters › Rule 571-13.14 - Additional Information or Analysis Required During Term of the Permit

Current through Register Vol. 47, No. 3, July 24, 2024
The director may require a permittee to provide additional
				  information, at the permittee's sole cost, necessary to ensure that the
				  permittee is complying with the terms of the permit, including but not limited
				  to social and environmental impacts of the activities, professional surveys to
				  establish the social and environmental impacts of the activities, professional
				  land surveys to delineate or show real property boundaries and other
				  characteristics, and a professional real estate appraisal of the value that a
				  permit may convey or has conveyed.