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 571-13.3 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of this chapter, the following definitions
				  shall apply:
"Applicant"
means a person who applies for a
				  permit or easement pursuant to these rules.
"Authorized agent"
means a person,
				  designated by the applicant, who shall be responsible to perform part or all of
				  the proposed activity and who certifies the application according to subrule
				  13.9(2).
"Canal"
means a narrow strip of water,
				  artificially made, between two water bodies described in rule
				  571-13.2
				  (455A,461A,462A).
"Cantilever access structure"
means a
				  structure constructed for improving the proximity of access to a lake or river,
				  that has a support footing located entirely on littoral or riparian land above
				  the ordinary high water mark (OHWM), and that extends from the footing and is
				  completely suspended above the water at normal water elevation with no
				  occupation of the lakebed or riverbed.
"Channel"
means a narrow body of water that
				  may be natural or artificially made.
"Charter cities"
means the city of Wapello
				  operating under special charter enacted in 1856; the city of Camanche operating
				  under special charter enacted in 1857; the city of Davenport by chapter 84,
				  Acts of the 47th General Assembly; the cities of Burlington, Clinton, Dubuque,
				  Fort Madison, Keokuk, and Muscatine by chapter 249, Acts of the 51st General
				  Assembly; and the city of Le Claire by chapter 383, Acts of the 58th General
				  Assembly.
"Commercial boat ramp"
means a boat ramp
				  installed or maintained as part of a business to provide access to a public
				  water body where use of the ramp is available to the general public.
"Commission"
means the natural resource
				  commission.
"Department"
means the department of natural
				  resources.
"Director"
means the director of the
				  department of natural resources or the director's designee.
"Easement"
means an easement authorized
				  under Iowa Code section
				  461A.25.
"Fee title lands and waters"
means lands and
				  waters for which title is acquired by deed or testamentary devise.
"Lease"
means a lease authorized under Iowa
				  Code section 461A.25.
"Littoral land"
means land abutting a
				  lake.
"Meandered sovereign lakes"
means those
				  lakes which, at the time of the original federal government surveys, were
				  surveyed as navigable and important water bodies and were transferred to the
				  states upon their admission to the union to be transferred or retained by the
				  public in accordance with the laws of the respective states. A list of these
				  lakes is available on the department's website.
"Meandered sovereign rivers"
means those
				  rivers which, at the time of the original federal government surveys, were
				  surveyed as navigable and important water bodies and were transferred to the
				  states upon their admission to the union to be transferred or retained by the
				  public in accordance with the laws of the respective states upon their
				  admission to the union. A list of such rivers is available on the department's
				  website.
"Native stone riprap"
means broken
				  limestone, dolomite, quartzite or fieldstone meeting Iowa department of
				  transportation specification 4130, Class D (Iowa department of transportation's
				  standard specifications for highway and bridge construction, 2015
				  edition).
"Ordinary high water mark"
or
"OHWM"
means the boundary between meandered sovereign lakes
				  and rivers, except the Mississippi River, and littoral or riparian property.
				  The OHWM is the limit where high water occupies the land so long and
				  continuously as to wrest terrestrial vegetation from the soil or saturate the
				  root zone and destroy its value for agricultural purposes. The OHWM is the
				  boundary between upland and wetland as defined by the 1987 Corps of Engineers
				  Wetlands Delineation Manual and Regional Supplement to the Corps of Engineers
				  Wetland Delineation Manual: Midwest Region (Version 2.0). For Storm Lake in
				  Buena Vista County and Clear Lake in Cerro Gordo County, the elevation has been
				  established by adjudication.
"Ordinary high water mark of the Mississippi
				  River"
means the elevation, as defined by criteria in the Code of
				  Federal Regulations, 33 CFR Part 328.3 (November 13, 1986), promulgated by the
				  U.S. Army Corps of Engineers, where the water exists at or below such elevation
				  75 percent of the time as shown by water stage records since construction of
				  the locks and dams in the river.
"Permit"
means a sovereign lands
				  construction permit issued pursuant to this chapter.
"Permittee"
means a person who receives a
				  permit pursuant to these rules, which may also include the authorized agent if
				  designated pursuant to these rules.
"Person"
means the same as defined in Iowa
				  Code section 4.1.
"Public boat ramp"
means a boat ramp
				  constructed to provide public access from public land to a water body.
"Public lands"
means land under the
				  jurisdiction of the commission that is owned by the state or that has been
				  dedicated for public access to a meandered sovereign lake or meandered
				  sovereign river.
"Public waters"
means a water body under the
				  jurisdiction of the commission that is owned by the state or that has been
				  dedicated for public access to a meandered sovereign lake or meandered
				  sovereign river.
"Riparian land"
means land abutting a
				  river.
"Sovereign island"
means an island located
				  within a sovereign meandered lake or a sovereign meandered river that was
				  transferred to the state upon its admission to the union and whose title
				  continues to be retained by the state.
"Standard riprap"
means broken stone,
				  dolomite, quartzite, fieldstone, or broken concrete meeting Iowa department of
				  transportation specification 4130, Class D (Iowa department of transportation's
				  standard specifications for highway and bridge construction, 2015 edition).
				  Broken concrete shall not have reinforcing materials protruding from the
				  surface of the riprap. Standard riprap shall not include petroleum-based
				  materials.