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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 567-73.3 - Regulated Dams

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Thresholds.
Dams meeting any of the following thresholds shall
				be regulated by the department:
a. A dam with
				a height of at least 25 feet and a storage of 15 acre-feet or more at the top
				of the dam elevation; or
b. A dam
				with a storage of 50 acre-feet or more at the top of the dam elevation and a
				height of at least 6 feet; or
c. A
				dam that is assigned a hazard potential of high hazard.
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 567-73.4 - Assignment of Hazard Potential

Current through Register Vol. 47, No. 3, July 24, 2024
All existing and proposed dams reviewed by the department
				  shall be assigned a hazard potential. Anticipated future land and impoundment
				  use shall be considered in the determination of hazard potential. The hazard
				  potential shall be determined using the following criteria:
(1)
Low hazard.
A dam shall
				be classified as "low hazard" if failure of the dam would result in no probable
				loss of human life, low economic losses, and low public damages.
(2)
Significant hazard.
A
				dam shall be classified as "significant hazard" if failure of the dam would
				result in no probable loss of human life but may damage residential structures
				or industrial, commercial, or public buildings; may negatively impact important
				public utilities or moderately traveled roads or railroads; or may result in
				significant economic losses or significant public damages.
(3)
High hazard.
A dam shall
				be classified as "high hazard" if located in an area where failure would result
				in probable loss of human life.
(4)
Consideration of changes affecting hazard potential.
In
				locating the site of a dam and in obtaining easements and rights-of-way, the
				applicant shall consider the impacts to the hazard potential of a dam from
				anticipated changes in land use downstream or adjacent to the impoundment, the
				operation of the dam, and the potential liability of the dam owner.
(5)
Changes in hazard
				potential.
Any future changes in downstream land use, development,
				impoundment use, or critical hydraulic structures shall require a reevaluation
				of the hazard potential of the dam. If the hazard potential of the dam changes,
				the dam shall be required to meet all applicable criteria for that hazard
				potential. This may require additional increases in spillway capacity for the
				dam. The owner and any other persons responsible for the construction and
				operation of the dam shall assume all risks for future costs to upgrade a dam
				in the event there is a change in hazard potential.
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 567-73.11 - Water Storage Permits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A water
				storage permit shall be required for all regulated dams in order to legally
				impound water. No water shall be impounded by a dam or reservoir prior to
				issuance of a water storage permit.
(2) Application for a dam construction permit
				shall constitute application for a water storage permit if the appropriate fee
				(as stated in 567-subrule 50.4(2)) is received with the application.
(3) A water storage permit shall be issued
				upon a finding by the department that the dam and reservoir are safe to impound
				water within the conditions prescribed in the dam construction permit and the
				project meets the following conditions:
a.
				The proposed storage is for a specified beneficial use such as human or
				livestock water supply, flood control, water quality, recreation, aesthetic
				value, erosion control, or low-flow augmentation.
b. The impounding structure can be operated
				in a manner which will not adversely affect any applicable protected flow in
				the impounded stream. Protected flows are listed in 567-Chapter 52.
c. For high hazard and significant hazard
				dams, the water storage permit will not be issued until as-built plans and a
				construction report have been submitted documenting that the dam has been
				constructed in general conformance with the approved plans and conditions of
				the dam construction permit and until the department has conducted an
				inspection of the dam.
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 567-73.15 - General Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Required findings.
The department shall approve the
				construction, repair, modification, abandonment, or removal of a dam only after
				finding that the project is designed in accordance with accepted engineering
				practice and methods, and in a manner consistent with the applicable department
				criteria in this rule.
(2)
Waiver.
A request for a waiver to this chapter shall be
				submitted in writing pursuant to 561-Chapter 10. The contents of a petition for
				waiver shall include information pursuant to rule
				561-10.9 (17A,455A).
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 567-73.16 - Lands, Easements, and Rights-of-way

Current through Register Vol. 47, No. 3, July 24, 2024
An application for approval of a dam project shall include
				  information showing the nature and extent of lands, easements, and
				  rights-of-way that the applicant has acquired or proposes to acquire to satisfy
				  the following criteria:
(1) Ownership
				or perpetual easements shall be obtained for the area to be occupied by the dam
				embankment, spillways, and appurtenant structures, and the permanent or maximum
				normal pool.
(2) Ownership or
				easements shall be obtained for temporary flooding of areas that would be
				inundated by the flood pool up to the top of dam elevation and for spillway
				discharge areas.
(3) Easements
				covering areas affected by temporary flooding or spillway discharges shall
				include provisions prohibiting the erection and usage of structures for human
				habitation or commercial purposes without prior approval by the
				department.
(4) As a condition of
				granting approval of a dam rated less than high hazard, the applicant may be
				required to acquire control over lands downstream from the dam as necessary to
				prevent downstream development which would affect the hazard classification of
				the dam.
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 567-73.17 - Emergency Action Plans for High Hazard Dams

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Emergency action plan
				required.
All high hazard dams shall be required to have an approved
				emergency action plan on file with the department. The plan shall include the
				following:
a. A statement of
				purpose;
b. A project
				description;
c. An emergency
				response process;
d. An emergency
				notification plan with flowchart;
e. Responsibilities of all parties;
f. A list of emergency preparedness and plan
				maintenance activities; and
g.
				Inundation maps or another acceptable description of the inundated
				area.
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 567-73.18 - Encroachment on a Confinement Feeding Operation Structure

Current through Register Vol. 47, No. 3, July 24, 2024
A dam shall not be constructed or modified so that the
				  ordinary high water of the lake, pond, or reservoir created by the dam is
				  closer than the following distances from a confinement feeding operation
				  structure unless a secondary containment barrier according to 567-subrule
				  65.15(17) is in place. Measurement shall be from the closest point of the
				  confinement feeding operation structure to the water edge of the lake, pond, or
				  reservoir for a pool level at the elevation of the crest of the auxiliary
				  spillway or at the top of dam elevation if the dam does not have an auxiliary
				  spillway.
(1) The minimum separation
				between a water source other than a major water source and a confinement
				feeding operation structure is 500 feet.
(2) The minimum separation between a major
				water source and a confinement feeding operation structure is 1,000 feet or
				such distance that the structure is not located on land that would be inundated
				by Q100, whichever is greater.
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 567-73.20 - Spillway Design Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Spillways shall be designed to operate
				safely for the life of the structure and at the discharges and pressures that
				would be experienced under all flow conditions, including the freeboard design
				flood.
(2) Spillways shall be
				provided with a means of piping and seepage control (e.g., drainage
				diaphragms), antivortex devices, trash racks, or other inlet debris control
				measures, and stable outlets capable of handling design exit flow
				velocities.
(3) When a conduit is
				proposed to be used in a high hazard or significant hazard dam, detailed
				hydraulic, hydrologic, and structural computations supporting selection of the
				size and type of pipe to be used shall be provided by the applicant.
(4) Detailed drawings and specifications
				relating to the installation of the pipe shall include, but not be limited to,
				construction measures that adequately address critical load bedding, backfill,
				compaction, joints, and seepage precautions related to installation of the
				pipe.
(5) Structural computations
				and drawings shall be submitted for all proposed concrete structures. Drawing
				details, as necessary, shall be provided showing reinforcement, cutoffs,
				underdrains/filters, waterstops, construction joints, control joints, and any
				other details necessary to construct.
(6) If an auxiliary spillway is proposed, it
				shall be analyzed, designed, and constructed adequately to establish and
				maintain stability during the passage of design flows without blockage or
				breaching. Open-channel auxiliary spillways shall have a minimum depth of 2
				feet and minimum width of 10 feet and be designed with appropriate curvature
				and slopes to prevent excessive erosion.
(7) A gated low-level outlet shall be
				provided for high hazard and significant hazard dams. The gated low-level
				outlet shall be capable of draining at least 50 percent of the permanent
				storage behind the dam within ten days. The pipe conduit shall be designed so
				that negative pressures will not occur at any point.
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 567-73.21 - Embankment Design Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The applicant shall document the
				engineering standards and design references used for dam embankment design.
				Drawing details, as necessary, shall be provided showing embankment slopes,
				required additional fill for anticipated settlement, top width, foundation
				preparation, core trench or cutoff wall, fill materials and methodology,
				internal seepage controls, and embankment erosion protection.
(2) A geotechnical report shall be submitted
				for high hazard and significant hazard dams documenting the evaluation of slope
				stability requirements, anticipated vertical settlement and horizontal
				elongation, seepage and underseepage potential, whether cathodic protection is
				needed for metal pipes, and proper construction practices for the soil types
				and conditions encountered. A stability evaluation shall include
				end-of-construction, steady-state seepage and sudden-drawdown
				conditions.
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 567-73.22 - Operating Plan

Current through Register Vol. 47, No. 3, July 24, 2024
A written operating plan shall be prepared for any dam with
				  gates or other movable structures that must operate or be operated during times
				  of flood or to provide a minimum downstream release rate. Development of the
				  operating plan is considered part of the design process. An operating plan
				  shall include, at a minimum, the following items:
(1)
Responsibility.
The
				operating plan shall outline and identify the necessary personnel who will be
				present to operate the equipment or, in the case of automatic equipment, to
				monitor it and ensure it is functioning properly.
(2)
Operating circumstances.
The circumstances under which operation must occur shall be clearly defined,
				and a means shall be provided to ensure that operating personnel are present
				when necessary.
(3)
Method
				of operation.
The means and methods by which operation is to be
				conducted shall be clearly defined and shall include, at a minimum, the
				following items: rates and sequences for opening or closure of gates, target
				water levels, and target flow rates.
(4)
Flood capacity.
The
				operating plan shall allow for safe passage of all floods up to and including
				the freeboard design flood. Flood discharges through the dam greater than the
				design peak flood inflows into the impoundment shall not be
				permitted.
(5)
Low
				flow.
The operating plan shall address low flow situations and shall
				specify a minimum release rate if required by the department and how the
				minimum release will be provided and maintained.
(6)
Equipment.
Consideration
				shall be given to and allowance made for the possible failure of or
				malfunctioning of the equipment.
(7)
Discharge measurement.
A
				means shall be provided to determine the discharge through the control
				structures, especially where operation is to maintain a minimum downstream
				flow. Stage discharge tables, streamflow gages or other means of obtaining
				discharge readings shall be provided. The settings of control structures shall
				be easily read.
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 567-73.23 - Removal and Abandonment of Dams

Current through Register Vol. 47, No. 3, July 24, 2024
Removal is the draining of the impoundment and removal of all
				  or a significant portion of the embankment. A dam may be abandoned by rendering
				  a dam nonimpounding by dewatering and filling the reservoir with solid
				  materials and by diverting the natural drainage around the site.
(1)
Removal requirements.
A
				dam removal project shall meet all of the following requirements:
a. The dam removal plan shall clearly show
				removal limits and will demonstrate how the proposed construction will render
				the dam height and storage below thresholds in rule
				567-73.3 (455B);
b. An impoundment dewatering plan shall be
				submitted that documents how the water will be released in a controlled manner
				and not cause upstream erosion or pose a flooding risk downstream;
c. A dam breach plan shall be submitted that
				demonstrates how the breach process will not pose an increased risk compared to
				the existing structure; and
d. A
				sediment disposition plan shall be submitted that provides for stabilization,
				release, or removal of stored sediment and shall demonstrate no significant
				adverse consequences on fish and wildlife habitat downstream from the proposed
				construction.
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 567-73.30 - Dam Owner Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Operation and maintenance
				required.
The intent to permanently cease or cause to cease all acts
				of construction, operation, and maintenance of a dam is prohibited. If any
				person wishes to be relieved of the responsibilities inherent in the ownership
				or control of a dam structure, those responsibilities shall be undertaken by
				another person through sale, transfer, or other means or the dam shall be
				removed.
(2)
Dam
				maintenance.
The dam owner shall be required to maintain the dam and
				appurtenant structures in a safe condition. Maintenance shall include, but not
				be limited to, keeping earthen portions of the dam well vegetated, keeping
				trees and brush off the dam, preventing and repairing erosion, keeping
				spillways and drains free of obstructions, repairing structural deterioration,
				and performing required maintenance on mechanical appurtenances such as gates.
				The dam owner shall perform regular inspections to identify potential
				maintenance problems.
(3)
Dam repairs.
The dam owner shall arrange for performance of
				engineering investigations when needed to evaluate potential safety problems.
				The dam owner shall perform any required repairs. When the department
				determines the need for follow-up inspections, the dam owner may be required to
				have a qualified person make inspections and prepare written inspection reports
				at specified intervals.
(4)
Maintenance inspections by dam owner.
The dam owner of a high
				hazard or significant hazard structure shall be responsible for annual
				inspections and submission of written inspection reports. Annual inspection
				reports are due to the department on or before December 1. Inspection reports
				shall include:
a. Maintenance work done since
				the previous annual report;
b.
				Observed deficiencies on the dam or appurtenant structures;
c. Remedial measures necessary and the method
				and schedule the dam owner proposes to correct the deficiencies found;
				and
d. Changes in land use
				downstream of the dam.
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 567-73.31 - Dam Safety Inspection Program

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope of dam safety inspection
				program.
Dams subject to inspection under these rules are regulated
				dams as defined in this chapter. The scope of department staff field
				inspections normally is limited to visually observable features of dams and
				their appurtenant structures.
(2)
Purpose of dam safety inspection program.
The general purposes
				of inspections are as follows: to evaluate the construction, operation, and
				maintenance of dams; to identify observable deficiencies in dams or appurtenant
				structures; and to identify other floodplain structures or uses which may
				affect the hazard potential of a dam or use of an associated impoundment.
				Inspection reports shall be used by the department in determining whether a
				proposed dam project complies with applicable criteria and to determine whether
				any of the following conditions exist:
a. A
				permit violation;
b. A violation of
				law which requires that a permit be obtained; or
c. A condition which constitutes a public
				nuisance by causing unacceptable risk of injury to the public health, safety or
				welfare.
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 567-73.32 - Raising or Lowering of Impoundment Levels

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When approval is
				required.
A separate approval is required to temporarily or
				permanently raise or lower the normal level of water impounded by a regulated
				dam unless the raising and lowering has been authorized as part of an approved
				operating plan. Such approval shall be in the form of a letter authorizing the
				lowering or raising and may be conditioned upon various requirements.
(2)
Information required for
				approval.
The applicant shall submit the following information:
a. The date when the raising or lowering will
				be initiated, the level to which the impoundment will be raised or lowered and,
				if the raising or lowering is temporary, the anticipated date when the normal
				water level will be restored; and
b. Evidence that the discharge rate during
				lowering will not exceed the capacity of the stream channel below the
				dam.
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 567-73.33 - Unsafe Dams

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Procedures for designation of a dam as unsafe.
a.
Department report.
If
				after inspection or other investigation the department determines that a dam is
				unsafe, a report shall be prepared. Copies of the report shall be provided to
				the dam owner and any other person whom the report identifies as responsible
				for the unsafe condition of the dam. The report shall identify the problems
				which cause the dam to be unsafe and recommend action to remedy the unsafe
				condition.
b.
Opportunity
				for comment.
The department shall provide the dam owner or other
				responsible person with a reasonable opportunity to comment on the department
				report considering the degree and imminence of hazard identified in the
				department report.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 75 - Management of Specific Flood Plain Areas › Rule 567-75.1 - Applicability and Purposes of Chapter

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 as
				  defined in these rules by three alternative methods: establishment of
				  regulations for specific stream reaches by issuance of flood plain management
				  orders; approval of flood plain management regulations adopted by local
				  governments; and approval of flood plain development on a case-by-case basis
				  where areas or projects are not covered by the first two methods. 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.
(1)
Regulation of
				development by issuance of department flood plain management orders.
The department may issue flood plain management orders to better ensure the
				orderly development and wise use of the flood plains of specific stream
				reaches. Each flood plain management order issued shall comply with the
				criteria in this chapter. However, a flood plain management order issued before
				the effective date of an amendment of the rules in this chapter shall not be
				invalidated by reason of nonconformity with the amendment.
(2)
Regulation of development by
				approval of locally adopted flood plain management ordinances.
The
				department may delegate regulatory authority to a local government by approving
				flood plain management regulations adopted by the local government to better
				ensure the orderly development and wise use of the flood plains of specific
				stream reaches. Local flood plain management regulations shall comply with the
				applicable criteria in this chapter. However, a local regulation approved by
				the department before the effective date of an amendment of the rules in this
				chapter shall not be invalidated by reason of nonconformity with such
				amendment.
(3)
Regulation
				of development on a case-by-case basis.
Flood plain development not
				regulated by department flood plain management orders or department-approved,
				locally adopted ordinances is regulated by the department on a case-by-case
				basis. 567-Chapter 71 of these rules contains thresholds identifying the types
				of development for which such approval is required. 567-Chapter 70 contains
				procedures for requesting approval of development. 567-Chapter 72 contains
				criteria for approving development.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 75 - Management of Specific Flood Plain Areas › Rule 567-75.2 - Flooding Characteristics

Current through Register Vol. 47, No. 3, July 24, 2024
Flood plain regulations for a specific stream reach
				  established pursuant to this chapter shall be based upon an analysis of the
				  relevant flooding characteristics of the stream for which regulations are being
				  established. The flooding characteristics of a stream include: flood magnitudes
				  and frequencies; flood elevations, velocities and inundation limits; rate of
				  rise of the flood waters and the related flood warning time; and
				  characteristics related to changes in stream equilibrium over time. The
				  following subrules identify standard methods for determining specific flooding
				  characteristics.
(1)
Flood
				frequencies and magnitudes.
a.
Discharge frequency relationship.
In determining the discharge
				frequency relationship for the relevant flood the following frequency analysis
				methods shall be considered:
1. Log-Pearson
				Type III distribution where available records are adequate to warrant
				statistical analysis of the data.
2. Regional flood frequency methods such as
				department Bulletin No. 11 which are applicable to the stream and
				watershed.
3. Rainfall-runoff
				watershed modeling techniques.
4.
				Other hydrologic techniques which are consistent with accepted scientific
				practices.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 75 - Management of Specific Flood Plain Areas › Rule 567-75.3 - Area of Regulation

Current through Register Vol. 47, No. 3, July 24, 2024
Regulations established by department flood plain management
				  orders or by approved local ordinances shall fix the flood plain area to be
				  regulated. The extent of the area to be regulated shall be based on the
				  flooding characteristics of the stream and shall be delineated on suitable
				  topographic or planimetric maps.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 75 - Management of Specific Flood Plain Areas › Rule 567-75.4 - Establishment of a Floodway

Current through Register Vol. 47, No. 3, July 24, 2024
Regulations established by department flood plain management
				  order or by approved local ordinances shall provide for a floodway: An area of
				  the flood plain which must be reserved for the conveyance of flood flows so
				  that flood heights and velocities will not be substantially increased by future
				  encroachment on the flood plain. Delineation of the encroachment limits
				  defining the outer limits of the floodway must conform to the following
				  criteria insofar as possible.
(1)
Increase in water surface elevation.
The increase in the water
				surface elevation of Q100 which would result from confining flood flows to the
				floodway shall not exceed one foot.
(2)
Equal and opposite
				conveyance.
The concept of equal and opposite conveyance as defined in
				567-Chapter 70 shall be used to locate encroachment limits.
(3)
Protection of existing
				development.
To the extent feasible, encroachment limits shall be
				located as follows:
a. To avoid the need to
				seek removal of a lawful existing structure in order to safely convey
				Q100;
b. To minimize any increase
				in the level of Q100 in an area where such increase would adversely affect an
				existing lawful structure;
c. To
				avoid the need to place an existing lawful structure in a delineated floodway
				if the placement would result in additional restrictions on improvements or
				reconstruction or replacement of the structure.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 75 - Management of Specific Flood Plain Areas › Rule 567-75.5 - Minimum Standards for Flood Plain and Floodway Uses

Current through Register Vol. 47, No. 3, July 24, 2024
Regulations established must require that structures
				  vulnerable to flood damage be protected at the time of initial construction.
				  The level of flood protection shall be commensurate with the flood damage
				  potential of the use, must prevent obstruction of the floodway unless
				  mitigating measures are taken, and must regulate or prohibit uses which result
				  in significant public damages and costs. The following minimum standards shall
				  be met:
(1)
All flood plain
				structures.
a. Construction
				materials and methods shall be used which minimize flood damage
				potential.
b. Minimum levels of
				flood protection shall be consistent with or exceed the minimum levels of flood
				protection in 567-Chapter 72.
c.
				All structures used as dwellings shall be provided with an access which will
				remain passable by wheeled vehicles during Q100. But this criterion shall not
				apply where the department or its local designee determines that this access is
				not required for effective protection of life and property on the basis of the
				criteria for determining flood warning and response time as set forth in
				subrule 75.2(3).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 75 - Management of Specific Flood Plain Areas › Rule 567-75.6 - Preexisting Nonconforming Development and Associated Uses

Current through Register Vol. 47, No. 3, July 24, 2024
Regulations established by a department flood plain
				  management order or an approved local ordinance shall identify the conditions
				  under which nonconforming development and associated uses which lawfully
				  existed prior to the effective date of the regulations may continue. The
				  conditions shall include criteria for additions, reconstruction, replacement
				  and changes in use. The criteria should generally encourage improvements or
				  replacement construction which would provide an adequate degree of flood
				  protection commensurate with the damage potential. The criteria should prohibit
				  the improvements or replacement only where extension of the useful life of the
				  structure by improvement or replacement would contribute to: perpetuation of an
				  individual or collective obstruction which causes a significant increase in the
				  level of Q100; perpetuation of a significant hazard to health or safety during
				  floods; or perpetuation of the potential for significant flood damages to
				  property and associated public costs.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 75 - Management of Specific Flood Plain Areas › Rule 567-75.7 - Delegation of Authority to Local Governments by Approval of Local Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
The department may cooperate with and assist cities and
				  counties in the establishment of local flood plain management regulations. By
				  approval of locally proposed regulations, the department may delegate portions
				  of its flood plain regulatory authority to local governments.
(1)
Written comment from the
				department required before locally adopted or amended regulation is
				effective.
Written approval from the department must be obtained
				before effective adoption or amendment of a local regulation which would
				control development in a flood plain or floodway for purposes related to flood
				protection. Local officials are encouraged to consult with the department in
				drafting local flood plain regulations to ensure that proposed local
				regulations conform to the minimum statewide standards in these rules. Each
				written approval shall be issued by the department. A local government may
				appeal the refusal of the department to approve a proposed regulation by
				notifying the department and requesting that the proposed local regulation be
				considered at the next meeting of the commission.
(2)
Department approval not required
				for projects covered by local regulations.
Structures, fill,
				excavations and other projects which would otherwise require approval by the
				department in accordance with 567-Chapter 71 do not need such approval if they
				are approved by a local government in conformity with department-approved,
				locally adopted flood plain management regulations.
(3)
Flood plain works not covered by
				local regulations.
Works on the flood plain which because of their
				nature or scope are not adequately covered by department-approved, locally
				adopted flood plain management regulations shall be subject to department
				approval under the provisions of 567-Chapters 70 to 72. Where it is unclear
				whether the works are adequately covered by such local regulations, the
				department shall make the determination. Examples are bridges, channel changes,
				dams and flood control levees.
(4)
Failure of local government to enforce regulations.
The
				department may, from time to time, take action to ascertain the effectiveness
				of department-approved, locally adopted flood plain management regulations.
				Upon a finding that the local government has been negligent in administering
				the approved regulations, the department may revoke approval of same. Flood
				plain works found to be in violation of department-approved, locally adopted
				flood plain management regulations may be handled under the provisions of the
				department's rules for investigation of unauthorized projects.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 75 - Management of Specific Flood Plain Areas › Rule 567-75.8 - Review and Approval of Variances From Local Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
A variance from an approved local flood plain regulation
				  shall not be effective until it has been reviewed and approved by the
				  department in accordance with the following procedures.
(1)
Duty of local government to
				notify department of each variance request.
After receipt of each
				request for variance from a local flood plain regulation approved by the
				department, the local government shall notify the department of the variance
				request on a form obtained from the department. The notice must be received by
				the department at least 15 days before any hearing which the local government
				schedules on the variance request.
(2)
Written comment from the
				department.
After receipt of notice of a variance request, the
				department shall mail or deliver a written comment on the variance request. The
				comment shall be issued within 15 days after receipt of the notice or in time
				for consideration at any hearing held after expiration of the 15-day period.
				The comment shall be either a statement of objection or "no objection" as
				follows:
a.
Objection to variance
				request.
The department may issue an objection to the variance
				request. The objection may be based upon an explanation of the minimum
				statewide criteria which the variance request does not satisfy and the reasons
				why applicable criteria should not be waived. The objection may be based on a
				statement that the applicant for the variance has provided insufficient
				information for the department to determine whether the requested variance
				would violate applicable minimum statewide criteria. An objection based on a
				statement of insufficiency of information shall identify the information needed
				to determine whether the request would violate applicable criteria.
b.
No objection to variance
				requests.
The comment issued by the department may state that the
				department has no objection to the variance request. The comment shall briefly
				explain why granting of the requested variance would not violate the purposes
				of minimum statewide criteria. A statement of "no objection" shall constitute
				approval to grant the requested variance.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 75 - Management of Specific Flood Plain Areas › Rule 567-75.9 - Notice of Proposed Department Flood Plain Management Order or Proposed Local Flood Plain Regulation

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall not issue a flood plain management order
				  establishing encroachment limits or flood plain management regulations until
				  public notice of the proposed establishment thereof has been given and a public
				  hearing held to provide opportunity for the presentation of all protests.
				  Public notice and a hearing shall not be required for department approval of
				  flood plain management regulations proposed by local governments provided that
				  such local governments give public notice and conduct public hearings as
				  required by their enabling legislation which authorizes local adoption of the
				  flood plain management regulations.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 76 - Federal Water Resource Projects › Rule 567-76.1 - Referral of Federal Project

Current through Register Vol. 47, No. 3, July 24, 2024
Upon referral by any federal agency of a water resource
				  project to the department for comment in accordance with federal law,
				  notification of such project shall be made as soon as possible to the governor,
				  interested and affected state and federal agencies, regional planning
				  organizations, local units of government, and other parties known to have an
				  interest in the particular project.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 76 - Federal Water Resource Projects › Rule 567-76.2 - Solicitation of Comments

Current through Register Vol. 47, No. 3, July 24, 2024
Comments and views will be requested from all interested and
				  affected state and federal agencies, planning organizations, multicounty
				  planning organizations, and local units of government.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 76 - Federal Water Resource Projects › Rule 567-76.3 - Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
A public hearing will be held for the purpose of obtaining
				  information regarding the particular project submitted to the state for comment
				  in accordance with federal law. Unless known controversy exists a hearing will
				  not be required in the following instances of referral:
(1)
Noncomprehensive
-
nonflood control.
Projects related to water resources but not
				comprehensive in scope, not concerned with flood control, located in areas
				where no special problems exist or where local communities have given assurance
				of meeting federal requirements.
(2)
Nonfeasible projects.
Projects which cannot be justified in accordance with federal criteria or which
				have not been provided with local assurances of meeting federal requirements or
				otherwise not given local support.
(3)
Other states.
Projects
				proposed in other states where no material effect will result in
				Iowa.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 76 - Federal Water Resource Projects › Rule 567-76.4 - Formulation of Comments

Current through Register Vol. 47, No. 3, July 24, 2024
Department comments on federal projects will be based upon
				  the views expressed by the interested and affected state agencies, information
				  received at a public hearing, review by the department, and information of
				  other sources which may come to the attention of the department. Determination
				  of the desirability of a project will be based on but not necessarily limited
				  to the following tests:
(1)
Functions.
Whether the functions proposed to be provided
				throughout the project are justifiable.
(2)
Need.
Whether the
				project is responsive to water and related resource problems of the
				area.
(3)
Purpose.
Whether the project as planned will adequately serve the intended
				purpose.
(4)
Relationship
				to comprehensive water resource plans.
Whether the proposed project is
				compatible with regional, state, river basin or local plans.
(5)
Benefits.
Whether the
				benefits to be derived from the project will exceed the costs and damages of
				the project.
(6)
Environmental effect.
That the significant environmental
				effects have been considered.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 76 - Federal Water Resource Projects › Rule 567-76.5 - Transmittal of Comments

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to the transmittal to the sponsoring federal agency,
				  the department comments formulated shall be coordinated with the governor and
				  interested and affected state agencies.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title V - Flood Plain Development › Chapter 76 - Federal Water Resource Projects › Rule 567-76.6 - Other Coordination

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to receipt of or after comment has been made on an
				  official referral, the department may hold hearings, undertake coordination
				  with the governor, interested and affected state and federal agencies, regional
				  planning organizations, local units of government and other parties known to
				  have an interest in a particular project; or otherwise consider a federal
				  sponsored water resource project for the purpose of resolving conflicts and to
				  clarify certain aspects of the project which may pose special
				  problems.
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VI - Certification of Operators › Chapter 81 - Operator Certification: Public Water Supply Systems and Wastewater Treatment Systems › Rule 567-81.3 - Wastewater Treatment Plant Grades

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Classifications.
The
				wastewater treatment plant classifications are listed in the following table:
Wastewater Treatment Plant Classifications
Treatment Type
Grade
Based on Design Pounds of
							 BOD5/day
less than 334
334-835
836-2,505
2,506-8,350
more than 8,350
Based on Design Population
							 Equivalent
less than 2,000
2,000-5,000
5,00115,000
15,00150,000
more than 50,000
1. Onsite Treatment System
W
Not
Applicable
Not
Applicable
Not
Applicable
Not
Applicable
2. Waste Stabilization Lagoon System
IL
IL
IL
IL
IL
3. Aerated Lagoon System
IL
IL
I
I
I
4. Advanced Aerated Lagoon System
II
II
II
II
II
5. Fixed Film Biological Treatment System
II
II
III
III
IV
6. Activated Sludge System
II
III
III
IV
IV
(2)
Unknown design BOD5 loading.
When the design
				BOD5loading is unknown, the plant
				BOD5loading shall be determined by using the average
				pounds of BOD5of the 24-hour composite influent samples
				taken in the last 12 months. If 24-hour composite influent samples are not
				available, then grab samples shall be used.
(3)
IL wastewater operator
				requirements.
A Grade I, II, III, or IV wastewater treatment
				certificate will satisfy the certification requirements for a Grade IL
				plant.
(4)
Grade W onsite
				wastewater classification.
Any wastewater treatment plant that
				discharges to a water of the state and that utilizes onsite wastewater
				treatment technologies, such as those specified in 567-Chapter 69, but
				excluding waste stabilization ponds, shall be classified as an onsite treatment
				system (Grade W).
Iowa Administrative Code › Agency 567 - Environmental Protection Commission › Title VI - Certification of Operators › Chapter 81 - Operator Certification: Public Water Supply Systems and Wastewater Treatment Systems › Rule 567-81.4 - Water Treatment Plant Grades

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Classifications.
The water treatment plant classifications are
				listed in the following table:
Water Treatment Plant Classifications
Treatment Type
Grade*
Average Daily Pumpage in MGD
0-0.1
>0.1-0.5
>0.5-1.5
>1.5
1. Iron or manganese removal; aeration; chlorination;
						  fluoridation; stabilization; any other chemical addition; or any combination of
						  these processes
I
II
II
III
2. Ion exchange
II
II
III
III
3. Direct surface water filtration
II
II
III
III
4. Utilization of lime, soda ash or other chemical
						  addition for pH adjustment in the precipitation and coagulation of iron or
						  manganese
II
II
III
III
5. Complete surface water clarification or lime
						  softening of surface water or groundwater
III
III
III
IV
6. Reverse osmosis and electrodialysis
II
II
III
IV
7. Activated carbon for THM or synthetic organics
						  removal
III
III
III
IV
*For Grade A water supply classification, see subrule
				  81.6(1).
(2)
Average daily pumpage.
When the average daily pumpage is
				unknown, the plant grade will be determined from the population of the most
				recent census and an evaluation of commercial, industrial, and other
				users.