reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title IV - Wastewater Treatment and Disposal › Chapter 69 - Private Sewage Disposal Systems › Rule 567-69.22 - Variances

Current through Register Vol. 47, No. 3, July 24, 2024
Variances to these rules may be granted by the department of
				  natural resources or the administrative authority provided sufficient
				  information is submitted to substantiate the need for and propriety of such
				  action. Applications for variances and justification shall be in writing and
				  copies filed with the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 70 - Scope of Title-definitions-forms-rules of Practice › Rule 567-70.1 - Scope of Title

Current through Register Vol. 47, No. 3, July 24, 2024
The department has jurisdiction over all flood plains and
				  floodways in the state for the purpose of establishing and implementing a
				  program to promote the protection of life and property from floods and to
				  promote the orderly development and wise use of the flood plains of the state.
				  As part of the program, the department regulates flood plain development by
				  three alternative methods: establishment of regulations for specific stream
				  reaches by issuance of flood plain management orders (see Chapter 75); approval
				  of flood plain management regulations adopted by local governments (see Chapter
				  75); and approval of flood plain development on a case-by-case basis where
				  areas or projects are not covered by the first two methods (see Chapter 71).
				  Any person who desires to construct or maintain a structure, dam, obstruction,
				  deposit or excavation, or allow the same in any flood plain or floodway has a
				  responsibility to contact the department to determine whether approval is
				  required from the department or a local government authorized to act for the
				  department.
Minimum statewide criteria for most types of flood plain
				  development are listed in Chapter 72. Special requirements for dams are listed
				  in Chapter 73.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 70 - Scope of Title-definitions-forms-rules of Practice › Rule 567-70.3 - Forms

Current through Register Vol. 47, No. 3, July 24, 2024
Any private or public person or agency desiring to secure a
				  permit under this chapter shall file a properly completed application, DNR Form
				  36. For application and supplemental forms, any private or public person or
				  agency should see
http://www.iowadnr.gov/Environmental-Protection/Land-Quality/Flood-Plain-Management
.
Application forms may also be obtained from:
Flood Plain and Dam Safety Section
Iowa Department of Natural Resources
Henry A. Wallace Building
502 East Ninth Street
Des Moines, Iowa 50319
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 70 - Scope of Title-definitions-forms-rules of Practice › Rule 567-70.4 - Requesting Approval of Flood Plain Development

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Development needing
				approval.
Any development in a floodway or flood plain which exceeds
				the thresholds in 567-Chapter 71 and is not otherwise regulated by a department
				flood plain management order or a department-approved, locally adopted flood
				plain management ordinance requires a department flood plain development
				permit.
(2)
Applying for a
				flood plain development permit.
Application for a flood plain
				development permit shall be made on DNR Form 36 or a reasonable facsimile
				thereof. The application shall be submitted by or on behalf of the person or
				persons who have or will have responsibility by reason of ownership, lease, or
				easement for the property on which the project site is located. The application
				must be signed by the applicant or a duly authorized agent. Completed
				applications along with supporting information shall be mailed or otherwise
				delivered to the Flood Plain and Dam Safety Section, Environmental Services
				Division, Iowa Department of Natural Resources, Wallace State Office Building,
				502 East Ninth Street, Des Moines, Iowa 50319.
(3)
Engineering plans.
a.
General requirement of certified
				plans.
An application shall not be considered complete until
				sufficient engineering plans have been submitted to enable the department to
				determine whether the project as proposed satisfies applicable criteria. The
				engineering plans shall contain information, as specified by the department,
				which is needed for the department to conduct a technical review pursuant to
				paragraph 70.5(3)
"b."
The engineering plans shall include
				specifications, operation procedures and other information relating to
				environmental impacts. The engineering plans and other engineering information
				shall be certified by a licensed professional engineer or, if applicable, a
				licensed land surveyor, as required by Iowa Code chapter 542B. Duplicate copies
				of certified plans are required so that one copy can be returned to the
				applicant upon approval or disapproval of the application. An additional copy
				of the certified plans shall be required if the plans are incorporated as part
				of an approval or disapproval order which is filed with a county
				recorder.
b.
Waiver of
				submission of certified plans.
The department may waive the
				requirement in paragraph
"a"
of this subrule that the
				application for approval of a flood plain project be supported by certified
				engineering plans by making one of the following determinations:
(1) Engineering data are not required to
				determine that the project conforms to all applicable administrative and
				statutory criteria; or
(2) Adequate
				engineering data used to evaluate the dimensions and effects of the project
				were already available to the engineering staff.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 70 - Scope of Title-definitions-forms-rules of Practice › Rule 567-70.5 - Procedures for Review of Applications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Initial screening of
				applications.
Each application upon receipt shall be promptly
				evaluated by the department to determine whether adequate information is
				available to review the project. The department shall advise the applicant of
				any additional information required to review the project. If the requested
				information is not submitted within 60 days of the date the request is made,
				the department may consider the application withdrawn.
(2)
Order of processing.
In
				general, complete applications including sufficient plans and specifications
				shall be reviewed in the order that complete information is received. However,
				when there are a large number of pending applications, which preclude the
				department from promptly processing all applications, the department may
				expedite review of a particular application out of order if the completed
				application and supporting documents were submitted at the earliest practicable
				time and any of the following conditions exist:
a. Relatively little staff review time
				(generally less than four hours) is required and delay will cause the applicant
				hardship;
b. The applicant can
				demonstrate that a delay in the permit will result in a substantial cost
				increase of a large project;
c.
				Prompt review of the permit would result in earlier completion of a project
				that conveys a significant public benefit;
d. The need for a permit is the result of an
				unforeseen emergency or catastrophic event; or
e. A permit is needed to complete a project
				that will abate or prevent an imminent threat to the public health and
				welfare.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 70 - Scope of Title-definitions-forms-rules of Practice › Rule 567-70.6 - Appeal of Initial Decision

Current through Register Vol. 47, No. 3, July 24, 2024
Any person aggrieved by an initial decision issued under
				  70.5(17A,455B,481A) of these rules may file a notice of appeal with the
				  director. The notice of appeal must be filed within 30 days following the
				  certified date of mailing of the decision unless the appellant shows good cause
				  for failure to receive actual notice and file within the allowed time. The form
				  of the notice of appeal and appeal procedures are governed by 567-Chapter
				  7.
The department shall mail a copy of the notice of appeal to
				  each person who was sent a copy of the initial decision. The department shall
				  attach an explanation of the opportunity to seek intervention in the contested
				  case.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 71 - Floodplain or Floodway Development- When Approval Is Required › Rule 567-71.1 - Bridges, Culverts, Temporary Stream Crossings, and Road Embankments

Current through Register Vol. 47, No. 3, July 24, 2024
Approval by the department for the construction, operation,
				  and maintenance of bridges, culverts, temporary stream crossings, and road
				  embankments shall be required in the following instances.
(1)
Rural area-floodway.
In
				rural areas, bridges, culverts, road embankments, and temporary stream
				crossings in or on the floodway of any river or stream draining more than 100
				square miles. (Note: Channel modifications associated with bridge, culvert or
				roadway projects may need approval; see
				567-712.
				(455B).)
(2)
Rural
				area-floodway and flood plain.
Road embankments located in the
				floodway or flood plains, but not crossing the channel of a river or stream
				draining more than 10 square miles, where such works occupy more than 3 percent
				of the cross-sectional area of the channel at bankfull stage or where such
				works obstruct more than 15 percent of the total cross-sectional area of the
				flood plain at any stage. In determining a 15 percent occupancy of the flood
				plain, the concept of equal and opposite conveyance as defined in 567-Chapter
				70 shall apply.
(3)
Urban
				areas.
In urban areas, bridges, culverts, road embankments and
				temporary stream crossings in or on the floodway or flood plains of any river
				or stream draining more than 2 square miles.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 71 - Floodplain or Floodway Development- When Approval Is Required › Rule 567-71.2 - Channel Changes

Current through Register Vol. 47, No. 3, July 24, 2024
Approval by the department for the construction, operation,
				  and maintenance of channel changes shall be required in the following
				  instances.
(1)
Rural
				areas.
In rural areas:
a. Channel
				changes not otherwise associated with road projects in or on the floodway of
				any stream draining more than 10 square miles at the location of the channel
				change.
b. Channel changes
				associated with road projects in or on the floodway of any stream draining more
				than 10 square miles at the location of the channel change whereby either (i)
				more than a 500-foot length of the existing channel is being altered or (ii)
				the length of existing channel being altered is reduced by more than 25
				percent.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 71 - Floodplain or Floodway Development- When Approval Is Required › Rule 567-71.3 - Dams

Current through Register Vol. 47, No. 3, July 24, 2024
Approval by the department for construction, repair, or
				  modification of any dam shall be required when the dam exceeds the thresholds
				  under rule 567-73.3 (455B). Other
				  structures across a stream may require approval under rule
				  567-71.12 (455B).
This rule is intended to implement Iowa Code sections
				  455B.262,
				  455B.264,
				  455B.267,
				  455B.275
				  and
				  455B.277.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 71 - Floodplain or Floodway Development- When Approval Is Required › Rule 567-71.4 - Levees or Dikes

Current through Register Vol. 47, No. 3, July 24, 2024
Approval by the department for construction, operation, and
				  maintenance of levees or dikes shall be required in the following
				  instances.
(1)
Rural
				areas.
In rural areas, any levees or dikes located on the flood plain
				or floodway of any stream or river draining more than 10 square
				miles.
(2)
Urban
				areas.
In urban areas, any levee or dike along any river or stream
				draining more than 2 square miles.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 71 - Floodplain or Floodway Development- When Approval Is Required › Rule 567-71.5 - Waste or Water Treatment Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
Approval by the department for construction, operation, and
				  maintenance of waste or water treatment facilities shall be required in the
				  following instances.
(1)
Rural
				areas.
In rural areas, any such facilities on the flood plains or
				floodway of any river or stream draining more than 10 square miles.
(2)
Urban areas.
In urban
				areas, any such facilities on the flood plain or floodway of any river or
				stream draining more than 2 square miles.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 71 - Floodplain or Floodway Development- When Approval Is Required › Rule 567-71.6 - Sanitary Landfills

Current through Register Vol. 47, No. 3, July 24, 2024
Approval by the department for construction, operation, and
				  maintenance of any sanitary landfill shall be required in the following
				  instances.
(1)
Rural
				areas.
In rural areas, any such landfill located on the flood plain or
				floodway of any stream draining more than 10 square miles at the landfill
				site.
(2)
Urban
				areas.
In urban areas, any such facilities located on the flood plain
				or floodway of any stream draining more than 2 square miles at the landfill
				site.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 71 - Floodplain or Floodway Development- When Approval Is Required › Rule 567-71.7 - Buildings and Associated Fill

Current through Register Vol. 47, No. 3, July 24, 2024
Approval by the department for construction, use and
				  maintenance of "buildings" as defined in 567-Chapter 70 and for placement of
				  fill is required as described in the following thresholds.
(1)
Building and placement of
				associated fill in urban areas.
In urban areas as defined in these
				rules approval is required for construction, use and maintenance of buildings
				in the floodway or flood plain of any stream draining more than 2 square miles
				at the location of the structure as follows:
a.
New construction including fill
				for development purposes.
Approval is required for construction of any
				new building. New construction includes replacement or relocation of an
				existing building. New construction also includes placement and grading of fill
				materials in a manner that would create an elevated building site.
b.
Additions to existing
				buildings.
Approval is required for any addition which increases the
				original floor area of a building by 25 percent or more. All additions
				constructed after July 4, 1965, shall be added to any proposed addition in
				determining whether the total increase in original floor space would exceed 25
				percent.
c.
Lowering or
				elevating.
Approval is required for lowering a floor of a building.
				Approval is not required for elevating an existing building. However, when a
				building is elevated the lowest floor should be elevated to the appropriate
				minimum protection level stated in 567-subrule 72.5(1). The department, upon
				request, will cooperate in determining the minimum protection level for a
				person who proposes to elevate a building.
d.
Reconstruction.
Approval
				is required for reconstruction of any portion of a building if the cost of
				reconstruction exceeds 50 percent of the market value of the existing building
				or if reconstruction will increase the market value by more than 50
				percent.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 71 - Floodplain or Floodway Development- When Approval Is Required › Rule 567-71.8 - Pipeline Crossings

Current through Register Vol. 47, No. 3, July 24, 2024
Approval by the department for the construction, operation
				  and maintenance of buried pipeline crossings is not required if the natural
				  contours of the channel and flood plain are maintained. (NOTE: Approval of
				  stream bank protection measures associated with pipeline crossings may need
				  approval under
				  567-719.
				  (455B).) Approval by the department for the construction, operation, and
				  maintenance of all other pipeline crossings shall be required in the following
				  instances:
(1)
Rural
				areas.
In rural areas, pipeline crossings on any river or stream
				draining more than 100 square miles.
(2)
Urban areas.
In urban
				areas, pipeline crossings on any river or stream draining more than 2 square
				miles.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 71 - Floodplain or Floodway Development- When Approval Is Required › Rule 567-71.9 - Stream Bank Protective Devices

Current through Register Vol. 47, No. 3, July 24, 2024
Approval by the department for construction, operation, and
				  maintenance of stream bank protective devices (including wing dikes, jetties,
				  et cetera) shall be required in the following instances:
(1)
Rural areas.
In rural
				areas:
a. All stream bank protective devices
				along any river or stream draining more than 100 square miles.
b. Stream bank protective devices along any
				river or stream draining between 10 and 100 square miles where the
				cross-sectional area of the river or stream channel is reduced more than 3
				percent.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 71 - Floodplain or Floodway Development- When Approval Is Required › Rule 567-71.10 - Boat Docks

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
In
				general.
Except as provided in subrule 71.10(2), department approval
				is required for all boat docks that are located in any stream other than a lake
				and do not float on the surface of the water.
(2)
Exempted nonfloating boat
				docks.
Recreational nonfloating type boat docks located on the
				Mississippi and Missouri rivers, and the conservation pools of the Coralville,
				Rathbun, Red Rock, and Saylorville reservoirs shall not require department
				approval, other than a permit obtained from the parks, recreation and preserves
				division of the department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 71 - Floodplain or Floodway Development- When Approval Is Required › Rule 567-71.11 - Excavations

Current through Register Vol. 47, No. 3, July 24, 2024
Approval by the department for excavations shall be required
				  in the following instances:
(1)
Rural areas.
In rural areas:
a. Excavation in the channel on any river or
				stream draining more than 10 square miles where said excavation increases the
				cross-sectional area of said channel below bankfull stage by more than 10
				percent. The cross-sectional area of the channel shall be determined based on
				current engineering plans, or original engineering plans, if being performed by
				a drainage district. If an original plan is not available, the current
				engineering plan will be used to determine the original cross-sectional area of
				the channel. The drainage district shall submit a copy of the engineering plan
				for increasing the cross-sectional area of a channel to the department prior to
				approval by the board of supervisors or trustees regardless of size of the
				increase. The department shall submit its decision to the drainage district
				within 60 days.
b. Excavation on
				any flood plain of any river or stream draining more than 10 square miles where
				said excavation is within 100 feet of the normal stream or riverbank.
c. Excavations in relation to highway
				projects are exempt except as otherwise provided for in 71.1(1), 71.1(2) and
				71.1(3).
d. Excavation for the
				repair and maintenance of a drainage district ditch as defined in
				567-70.2(455B) is not considered an excavation within the intent of this rule
				if the drainage area of the ditch at the location of the proposed work is less
				than 100 square miles.
e.
				Excavations for conservation practices installed to meet or exceed the
				standards of the USDA Natural Resources Conservation Service (NRCS) Field
				Office Technical Guide are exempt if all of the following criteria are met:
(1) The resulting spoil is removed from the
				flood plain;
(2) The practices do
				not reduce the capacity of the flood plain; and
(3) The practices will not result in water
				being temporarily or permanently stored above the natural ground line.
These standards may be accessed through the electronic Field
				  Office Technical Guide at https://efotg.sc.egov.usda.gov/. They are also
				  available in hard copy at the USDA NRCS office that serves the area where the
				  practice will be implemented.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 71 - Floodplain or Floodway Development- When Approval Is Required › Rule 567-71.12 - Miscellaneous Structures, Obstructions, or Deposits Not Otherwise Provided for in Other Rules

Current through Register Vol. 47, No. 3, July 24, 2024
Approval by the department for construction, operation, and
				  maintenance of miscellaneous structures, obstructions, or deposits, shall be
				  required in the following instances.
(1)
Rural areas.
In rural
				areas, any miscellaneous structures, obstructions, or deposits on the floodway
				or flood plain of any river or stream draining more than 10 square miles where
				such works obstruct more than 3 percent of the cross-sectional area of the
				stream channel at bankfull stage or where such works obstruct more than 15
				percent of the total cross-sectional area of the flood plain at any stage. In
				determining a 15 percent obstruction of the flood plain, the concept of equal
				and opposite conveyance as defined in 567-Chapter 70 shall apply.
(2)
Urban areas.
In urban
				areas, miscellaneous structures, obstructions, or deposits on the floodway or
				flood plains of any river or stream draining more than 2 square
				miles.
(3)
Exemptions.
For purposes of this rule, the following project
				types do not require approval by the department:
a. Signs, navigational markers, and aids that
				have been placed by a public agency to serve the public;
b. In-kind replacement of existing utility
				poles, including H-frame structures that are installed as part of routine
				maintenance or an emergency;
c. New
				utility poles, including H-frame structures, that fall below the thresholds set
				forth in 71.12(1) and 71.12(2).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 71 - Floodplain or Floodway Development- When Approval Is Required › Rule 567-71.13 - Animal Feeding Operation Structures

Current through Register Vol. 47, No. 3, July 24, 2024
Approval by the department for construction, operation, and
				  maintenance of animal feeding operation structures shall be required in the
				  following instances.
(1)
Rural
				areas.
In rural areas, any such facilities on the flood plain or
				floodway of any stream draining more than ten square miles.
(2)
Urban areas.
In urban
				areas, any such facilities on the flood plain or floodway of any stream
				draining more than two square miles.
(3)
Adjacent to an
				impoundment.
Any such facilities if any part of the facility is
				located on land that is naturally lower than the top of the dam.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.1 - Bridges and Road Embankments

Current through Register Vol. 47, No. 3, July 24, 2024
The following criteria shall apply to the construction,
				  operation, and maintenance of bridges and road embankments.
(1)
Bridges and road embankments
				affecting low damage potential areas.
For bridges and road embankments
				affecting floodway or floodplain areas having a low flood damage potential, the
				following criteria will apply:
a.
Backwater Q100.
The maximum allowable backwater for Q100 is
				1.5 feet.
b.
Freeboard.
The minimum freeboard for low superstructure
				horizontal bridge members above Q50 is 3 feet unless a licensed engineer
				provides certification that the bridge is designed to withstand the applicable
				effects of ice and the horizontal stream loads and uplift forces associated
				with the Q100.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.2 - Channel Changes

Current through Register Vol. 47, No. 3, July 24, 2024
The following criteria shall apply to channel changes.
(1)
Percent reduction in
				length
a.
Streams draining
				over 100 square miles.
For streams (other than protected streams)
				draining more than 100 square miles, no more than a 10 percent reduction in the
				original length of the existing channel through any contiguous parcel(s) of the
				applicant's(s') property will be allowed.
b.
Rural streams draining 10 to 100
				square miles.
For streams (other than protected streams) draining
				between 10 and 100 square miles in rural areas, no more than a 25 percent
				reduction in the original length of the existing channel through any contiguous
				parcel(s) of the applicant's(s') property will be allowed.
c.
Urban streams draining 2 to 100
				square miles.
For streams (other than protected streams) draining
				between 2 and 100 square miles in urban areas, no more than a 25 percent
				reduction in the original length of the existing channel through any contiguous
				parcel(s) of the applicant's(s') property will be allowed.
d.
Protected streams.
For
				protected streams no channel changes will be allowed, because of actual or
				potential significant adverse effects on fisheries, water quality, flood
				control, flood plain management, wildlife habitat, soil erosion, public
				recreation, the public health, welfare and safety, compatibility with the state
				water plan, rights of other landowners, and other factors relevant to the
				control, development, protection, allocation, and utilization of the stream.
				Protected stream status does not prohibit bank stabilization measures; tree
				maintenance or removal; maintenance or installation of tile outlets; machinery
				crossings, including concrete drive-throughs and bridges; boat or canoe ramps;
				or other structures permitted by the department; nor restrict riparian access
				to the protected stream for such uses as livestock watering or grazing.
				Protected stream status does not affect current cropping practices or require
				the establishment or maintenance of buffer strips, filter strips or fences
				along protected streams.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.4 - Levees or Dikes

Current through Register Vol. 47, No. 3, July 24, 2024
The following criteria shall apply to levees or dikes.
(1)
Agricultural levees or
				dikes.
a.
Level of
				protection.
The permanent height of agricultural levees or dikes
				normally shall be limited so that overtopping will occur due to discharges from
				Q10 to Q25 with the more comprehensive levee system being permitted the greater
				degree of protection.
b.
Additional protection.
Where it can clearly be shown that loss
				of valley storage caused by construction of the levee will not increase peak
				flood stages and discharges, the level of protection provided by the
				agricultural levee or dike may be increased beyond the Q10 to Q25
				range.
c.
Alignment.
The location and alignment of agricultural levees
				or dikes shall be compatible with existing encroachment limits so that minimum
				flood protection levels will not be increased and said levee or dike alignment
				otherwise shall be consistent with the rules governing the location of
				encroachment limits set out in
				567-754.
				(455B).
d.
Maximum
				effect.
The maximum increase in the flood profile resulting from the
				construction, operation, and maintenance of an agricultural levee or dike shall
				be 1 foot. Equal and opposite conveyance as defined in 567-Chapter 70 shall be
				used in determining the maximum increase in flood profile resulting from such
				levees or dikes.
e.
Interior drainage.
All agricultural levees or dikes shall be
				provided with adequate interior drainage facilities.
f.
Offset.
A minimum offset
				equal to 100 feet or twice the width of a river or stream measured from top of
				bank to top of bank, whichever distance is less, shall be required for all
				agricultural levees unless a greater offset is dictated by 72.4(1),
				paragraph
"c"
or
"d."
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.5 - Buildings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Minimum
				protection levels
. The minimum level of flood protection for a
				building depends on the damage potential of the building and contents.
				"Maximum" and "high" damage potential classifications are defined in
				567-Chapter 70. Criteria for determining minimum levels of protection are as
				follows:
a. Buildings with maximum damage
				potential shall be protected to the level of a flood equivalent to Q500 plus 1
				foot. Determination of the elevation of the department regional flood is
				recommended as an alternative to establish an appropriate level of protection
				for a building which has maximum damage potential (see discussion of flood
				frequencies and magnitudes in 567-subrule 75.2(1)).
b. Buildings with high damage potential
				shall be protected to the level of a flood equivalent to Q100 plus 1
				foot.
c. Buildings adjacent to an
				impoundment shall be protected to the elevation of the top of the dam unless
				the dam has adequate spillway capacity to discharge the flood corresponding to
				the damage potential of the building at an elevation below the top of the
				dam.
d. Buildings downstream from
				a dam shall be protected to a level established by the department after due
				consideration of the hazards posed by the dam for buildings
				downstream.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.6 - Wastewater Treatment Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
The following criteria shall apply to wastewater treatment
				  facilities.
(1)
Location.
Wastewater treatment facilities shall not be located
				so as to individually or collectively conflict with
				567-754.
				(455B) governing the establishment of encroachment limits.
(2)
Flood protection.
Flood
				protection for wastewater treatment facilities shall be provided to the level
				necessary for high damage potential buildings or building complexes unless
				evidence is submitted indicating the facility is of a lesser damage
				potential.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.7 - Sanitary Landfills

Current through Register Vol. 47, No. 3, July 24, 2024
The following criteria shall apply to sanitary
				  landfills.
(1)
Location.
Sanitary landfills shall not be located so as to
				individually or collectively conflict with
				567-754.
				(455B) governing the establishment of encroachment limits.
(2)
Flood protection.
Flood
				protection for the active working portion of the sanitary landfill shall be
				provided to the level necessary for high damage potential buildings or building
				complexes.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.8 - Water Supply Treatment Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
The following criteria shall apply to water supply treatment
				  facilities.
(1)
Location.
Water supply treatment facilities shall not be
				located so as to individually or collectively conflict with
				567-754.
				(455B) governing the establishment of encroachment limits.
(2)
Flood protection.
Flood
				protection for water supply treatment facilities shall be provided to at least
				the level necessary for high damage potential buildings or building
				complexes.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.9 - Stream Protective Devices

Current through Register Vol. 47, No. 3, July 24, 2024
The following criteria shall apply to stream protective
				  devices.
(1)
Overflow.
Stream protective devices shall be constructed in a
				manner which will not cause premature overbank flow.
(2)
Velocity.
Increased
				velocities resulting from the construction, operation, and maintenance of
				stream protective devices shall be limited so as not to cause excessive scour
				in the channel as determined by the department.
(3)
Stability.
Stream
				protective devices shall be anchored securely to the bank or constructed in a
				stable manner so as not to become dislodged and result in the scattering of
				debris in adjacent and downstream reaches.
(4)
Water quality and
				aesthetics.
Stream protective devices shall not adversely affect the
				water quality, fish and wildlife habitat or aesthetics of the stream.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.10 - Pipeline River or Stream Crossings

Current through Register Vol. 47, No. 3, July 24, 2024
The following criteria shall apply to pipeline river and
				  stream crossings.
(1)
Protection.
Pipeline river or stream crossings shall be
				sufficiently buried in the stream bed and banks or otherwise sufficiently
				protected to prevent rupture.
(2)
Overflow and velocities.
Pipeline river or stream crossings
				shall be constructed, operated, and maintained so as not to create premature
				overbank flow or excessive scour to the channel or banks.
(3)
Spoil.
Spoil material
				resulting from the construction of a pipeline crossing shall be disposed of in
				a manner which will not obstruct low flow or flood flows.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.11 - Miscellaneous Construction

Current through Register Vol. 47, No. 3, July 24, 2024
The following criteria shall apply to miscellaneous
				  construction.
(1)
Structures,
				obstructions, or deposits.
a.
Location.
Miscellaneous structures, obstructions, or deposits
				shall not be located so as to individually or collectively conflict with
				567-75.4(455B) governing the establishment of encroachment limits.
b.
Protection.
Miscellaneous
				structures, obstructions, or deposits shall be provided with the minimum level
				of flood protection associated with the designated damage potential as
				indicated in 72.5(1) governing buildings and building complexes.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.13 - Animal Feeding Operation Structures

Current through Register Vol. 47, No. 3, July 24, 2024
The following criteria shall apply to animal feeding
				  operation structures.
(1)
Confinement feeding operation structures located on the flood plain of
				a major water source.
As required by 567-Chapter 65, confinement
				feeding operation structures shall not be constructed on land that would be
				inundated by Q100 and is adjacent to a major water source. Placing fill
				material on flood plain land to elevate the land above the Q100 level will not
				be considered as removing the land from the one hundred year flood plain for
				the purpose of this subrule.
(2)
Other animal feeding operation structures.
The following
				criteria shall apply to animal feeding operation structures located on the
				flood plain of any water source and confinement feeding operation structures
				located on the flood plain of a water source other than a major water source.
a.
Location.
Such structures
				shall not be located so as to individually or collectively conflict with rule
				567-754.
				(455B) governing the establishment of encroachment limits.
b.
Flood protection.
Flood
				protection for such structures shall be provided to the level necessary for
				high damage potential buildings or building complexes, pursuant to rule
				567-725.
				(455B).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.30 - General Conditions

Current through Register Vol. 47, No. 3, July 24, 2024
Department orders approving an activity or project shall be
				  subject to the following conditions.
(1)
Maintenance.
The
				applicant and any successor in interest to the real estate on which the project
				or activity is located shall be responsible for proper maintenance.
(2)
Responsibility.
No legal
				or financial responsibility arising from the construction or maintenance of the
				approved works shall attach to the state of Iowa or the agency due to the
				issuance of an order or administrative waiver.
(3)
Lands.
The applicant
				shall be responsible for obtaining such government licenses, permits, and
				approvals, and lands, easements, and rights-of-way which are required for the
				construction, operation, and maintenance of the authorized works.
(4)
Change in plans.
No
				material change from the plans and specifications approved by the department
				shall be made unless authorized by the department.
(5)
Revocation of order. A
department order may be revoked if construction is not completed within the
				period of time specified in the department order.
(6)
Performance bond. A
performance bond may be required when necessary to secure the construction,
				operation, and maintenance of approved projects and activities in a manner that
				does not create a hazard to the public's health, welfare, and safety. The
				amount and conditions of such bond shall be specified as special conditions in
				the department order.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.31 - Variance

Current through Register Vol. 47, No. 3, July 24, 2024
A request for a waiver or variance to this chapter shall be
				  submitted in writing pursuant to 561-Chapter 10. The contents of a petition for
				  waiver or variance shall include information pursuant to
				  561-10.9(17A,455A).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.32 - Protected Stream Information

Current through Register Vol. 47, No. 3, July 24, 2024
The following describes the variance procedure and the
				  relation of hydrologically connected streams to protected streams:
(1)
Protected streams variance
				procedure.
The variance shall be requested as part of the permit
				application and review process provided for in rules
				567-703. (17A,455B,481A) to
				70.5(17A,455B,481A) and decisions on the variance request may be appealed in
				accordance with rule
				567-706.
				(17A,455B,481A). If the applicant is denied a permit to channelize a protected
				stream, the applicant may appeal to the environmental protection commission.
				The appeal will normally be heard by an administrative law judge but the
				applicant may request that the commission hear the appeal directly. If a
				proposed decision of an administrative law judge would affirm the denial of the
				permit, the applicant may appeal the administrative law judge's decision to the
				commission. If, on appeal, the commission affirms the denial of the permit, the
				applicant may appeal to the district court.
(2)
Hydrologically connected
				streams.
Streams or waters that are hydrologically connected to
				protected streams are not protected streams unless specifically listed as
				protected streams in 72.50(2). The environmental protection commission
				considers the streams and waters that are hydrologically connected to streams
				proposed to become protected streams as one of the factors in the
				decision-making process to add streams to the list of protected streams in a
				rule-making procedure. Subrule 72.51(7) lists the other factors that affect the
				decision.
(3)
Protected
				stream activities.
Protected stream status does not prohibit bank
				stabilization measures; tree maintenance or removal; maintenance or
				installation of tile outlets; machinery crossings, including concrete
				drive-throughs and bridges; boat or canoe ramps; or other structures permitted
				by the department; nor restrict riparian access to the protected stream for
				such uses as livestock watering or grazing. Protected stream status does not
				affect current cropping practices or require the establishment or maintenance
				of buffer strips, filter strips, or fences along protected streams except as
				may be required to mitigate environmental damage associated with a channel
				change on a protected stream.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.51 - Protected Stream Designation Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligible petitioners.
Any state agency, governmental subdivision, association or interested person
				may petition the commission, according to the rules of this division, to
				designate a stream as a protected stream. However, if the stream had been the
				subject of a similar petition filed within the past 2 years, the commission
				shall not accept a petition except upon a majority vote.
(2)
Content of petition.
The
				petition for protected stream designation shall contain the following:
(a) names, addresses, and the telephone
				numbers of the petitioners;
(b)
				location of the stream nominated for designation;
(c)reasons why the stream is nominated, each
				reason being stated in a separate numbered paragraph; and
(d) adequate evidence supporting the reasons
				for nomination. Eleven copies of the petition shall be filed with the
				department.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 72 - Criteria for Approval › Rule 567-72.52 - Protected Stream Declassification Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
The procedure for removing a stream from the list of
				  protected streams in 72.50(2) of these rules shall be the same as the rules for
				  designation of a stream as a protected stream, except that all notices,
				  investigations and reports shall be addressed to the issue of
				  declassification.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 73 - Approval, Construction, Use, Maintenance, Removal, Inspections, and Safety of Dams › Rule 567-73.1 - Scope and Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The department regulates the storage of water and the
				  construction and maintenance of dams. Any person who desires to construct,
				  repair, modify, abandon, or remove a dam has a responsibility to determine
				  whether approval is required from the department prior to undertaking any such
				  work.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 73 - Approval, Construction, Use, Maintenance, Removal, Inspections, and Safety of Dams › Rule 567-73.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Abandonment"
means to render a dam
				  nonimpounding by dewatering and filling the reservoir created by that dam with
				  solid materials and by diverting the natural drainage around the site.
"Acre-foot"
means a volume of water that
				  would cover one acre of land one foot deep, equal to 43,560 cubic feet of
				  water.
"Adverse consequences"
means negative
				  impacts that may occur upstream, downstream, or at locations remote from the
				  dam. The primary concerns are loss of human life, economic loss including but
				  not limited to property damage, public damages, disruption of public utilities,
				  and environmental impact.
"Appurtenant structures"
means structures
				  such as spillways, either in the dam or separate therefrom; the reservoir and
				  its rim; low-level outlet works; and water conduits such as tunnels, pipelines,
				  or penstocks, occurring through either the dam or its abutments.
"Auxiliary spillway"
means any secondary
				  spillway that is designed to be operated infrequently.
"Confinement feeding operation"
means the
				  same as defined in rule
				  567-65.1 (459,459B).
"Dam"
means a barrier that impounds or
				  stores water.
"Dam owner"
means any person who owns,
				  controls, operates, maintains, or manages a dam.
"Hazard potential"
means a classification
				  based on the possible incremental adverse consequences that result from the
				  release of water or stored contents due to a failure or misoperation of the dam
				  or appurtenances. The hazard potential classification of a dam does not reflect
				  in any way on the current condition of the dam and its appurtenant structures
				  (e.g., safety, structural integrity, or flood routing capacity).
"Height of dam"
means the vertical distance
				  from the top of the dam to the natural bed of the stream or water source
				  measured at the downstream toe of the dam or to the lowest elevation of the
				  outside limit of the dam if it is not across a water source.
"Incremental consequence"
means the
				  difference, under the same conditions (e.g., flood, earthquake, or other
				  event), between the consequences that are likely to occur from the failure or
				  misoperation of the dam and appurtenances as compared to the consequences that
				  are likely to occur without such failure or misoperation.
"Probable"
means more likely than not to
				  occur; reasonably expected; realistic.
"Probable maximum flood"
means the same as
				  defined in rule 567-70.2 (455B,481A).
"Public damages"
means as defined in rule
				  567-70.2 (455B,481A).
"Q100," "Q50," "Q25," "Q15," "Q10,"
et
				  cetera, means the same as defined in rule
				  567-70.2
				  (455B,481A).