Senate File 2198 - Introduced SENATE FILE 2198 BY WEINER , CELSI , WINCKLER , PETERSEN , QUIRMBACH , and DONAHUE (COMPANION TO HF 2029 BY WESSEL-KROESCHELL) A BILL FOR An Act relating to surface water quality by requiring the 1 establishment and maintenance of riparian protection 2 measures, providing for financing, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5487XS (3) 90 da/ns
S.F. 2198 Section 1. Section 161A.4, Code 2024, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. The division, in consultation with 3 the state soil conservation and water quality committee, and 4 in cooperation with the commissioners of the soil and water 5 conservation districts and the department of natural resources, 6 shall adopt rules pursuant to chapter 17A to implement, 7 administer, and enforce chapter 466B, subchapter V. 8 Sec. 2. Section 161A.42, subsection 4, Code 2024, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . d. The establishment of riparian protection 11 measures as provided in chapter 466B, subchapter V. 12 Sec. 3. Section 161A.42, subsection 9, paragraph a, Code 13 2024, is amended to read as follows: 14 a. (1) Permanent soil and water conservation practices 15 Permanent soil and water conservation practice means 16 planting of perennial grasses, legumes, shrubs, or trees, the 17 establishment of grassed waterways, and or the construction of 18 terraces, or other permanent soil and water practices approved 19 by the committee. 20 (2) Permanent soil and water conservation practice includes 21 riparian protection measures as provided in chapter 466B, 22 subchapter V. 23 Sec. 4. Section 161A.48, subsection 1, Code 2024, is amended 24 to read as follows: 25 1. a. An Except as provided in paragraph b , the owner 26 or occupant of agricultural land in this state is not required 27 to establish any new permanent or temporary soil and water 28 conservation practice unless cost-share or other public 29 moneys have been specifically approved for that land and made 30 available to the owner or occupant pursuant to section 161A.74 . 31 b. Paragraph a does not apply to riparian protection 32 measures as provided in chapter 466B, subchapter V. 33 Sec. 5. Section 161A.49, Code 2024, is amended to read as 34 follows: 35 -1- LSB 5487XS (3) 90 da/ns 1/ 14
S.F. 2198 161A.49 Petition for court order. 1 1. The Except as provided in subsection 2, the commissioners 2 shall petition the district court for a court order requiring 3 immediate compliance with an administrative order previously 4 issued by the commissioners as provided in section 161A.47 , if 5 all of the following apply : 6 1. a. The work necessary to comply with the administrative 7 order is not commenced on or before the date specified in such 8 order, or in any supplementary order subsequently issued as 9 provided in section 161A.48 , unless in the judgment of the 10 commissioners the failure to commence or complete the work 11 as required by the administrative order is due to factors 12 beyond the control of the person or persons to whom such order 13 is directed and the person or persons can be relied upon to 14 commence and complete the necessary work at the earliest 15 possible time. 16 2. b. Such work is not being performed with due diligence, 17 or is not satisfactorily completed by the date specified in the 18 administrative order, or when completed does not reduce soil 19 erosion from such land below the limits established by the soil 20 and water conservation districts regulations. 21 3. c. The person or persons to whom the administrative 22 order is directed advise the commissioners that they do not 23 intend to commence or complete such work. 24 2. Subsection 1 does not apply to the extent that the 25 division proceeds against a landowner for violating a riparian 26 protection measure as provided in chapter 466B, subchapter V. 27 Sec. 6. Section 161A.72, Code 2024, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 1A. The division shall provide a priority 30 to financing the establishment of riparian protection measures 31 as provided in chapter 466B, subchapter V. 32 Sec. 7. Section 161C.2, subsection 1, paragraph a, Code 33 2024, is amended to read as follows: 34 a. Each soil and water conservation district, alone and 35 -2- LSB 5487XS (3) 90 da/ns 2/ 14
S.F. 2198 whenever practical in conjunction with other districts, 1 shall carry out district-wide and multiple-district projects 2 to support water protection practices in the district 3 or districts, including projects to protect this states 4 groundwater and surface water from point and nonpoint sources 5 of contamination, including but not limited to contamination 6 by agricultural drainage wells, sinkholes, sedimentation, or 7 chemical pollutants. A district acting alone or in conjunction 8 with other districts shall provide priority to establishing 9 riparian protection measures as provided in chapter 466B, 10 subchapter V. 11 Sec. 8. Section 455B.171, subsection 11, Code 2024, is 12 amended to read as follows: 13 11. Iowa nutrient reduction strategy means a water 14 quality initiative developed and updated by the department of 15 agriculture and land stewardship, the department of natural 16 resources, and the college of agriculture and life sciences at 17 Iowa state university of science and technology in order to 18 assess do all of the following: 19 a. Assess and reduce nutrients in this states watersheds 20 that utilize a pragmatic, strategic, and coordinated approach 21 with the goal of accomplishing reductions over time. 22 b. Evaluate the progress of water quality initiatives 23 including but not limited to the programs and riparian 24 protection measures provided in chapter 466B, subchapter V. 25 Sec. 9. Section 466B.5, Code 2024, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 2A. Riparian protection. The department 28 of natural resources shall provide for the assessment of 29 regional watersheds and subwatersheds that are identified in 30 the riparian protection inventory and map. 31 Sec. 10. Section 466B.6, Code 2024, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 3. Riparian protection. A community-based 34 subwatershed improvement plan shall provide for methods to 35 -3- LSB 5487XS (3) 90 da/ns 3/ 14
S.F. 2198 increase compliance with riparian protection measures provided 1 in subchapter V. 2 Sec. 11. Section 466B.7, subsection 2, Code 2024, is amended 3 to read as follows: 4 2. Data collection and use. Local communities in which 5 the department of natural resources conducts subwatershed 6 monitoring shall use the information to support subwatershed 7 planning activities, do local data collection, and identify 8 priority areas needing additional resources. Local communities 9 shall also collect data regarding the effect of riparian 10 protection measures, and collect data over time and use the 11 data to evaluate for use in evaluating the impacts of their 12 management efforts. 13 Sec. 12. NEW SECTION . 466B.51 Definitions. 14 As used in this subchapter, unless the context otherwise 15 requires: 16 1. Department means the department of natural resources. 17 2. District means a soil and water conservation district 18 established in section 161A.5. 19 3. Division means the division of soil conservation and 20 water quality created within the department of agriculture and 21 land stewardship pursuant to section 159.5. 22 4. Landowner means a person listed on the tax assessment 23 rolls as responsible for the payment of real estate taxes 24 imposed on the land adjacent to a public water source. 25 5. Normal water level means the level evidenced by the 26 long-term presence of surface water as indicated directly by 27 hydrophytic plants or hydric soils or indirectly determined via 28 hydrological models or analysis. 29 6. Public water source means waters of the state having 30 definite banks and a bed. 31 7. Riparian protection measure means a riparian protection 32 buffer or an alternative riparian protection practice as 33 provided in section 466B.55. 34 8. Waters of the state means any stream, lake, pond, 35 -4- LSB 5487XS (3) 90 da/ns 4/ 14
S.F. 2198 marsh, watercourse, waterway, well, spring, reservoir, aquifer, 1 irrigation system, drainage system, and any other body or 2 accumulation of water, surface or underground, natural or 3 artificial, public or private, which is contained within, flows 4 through, or borders upon the state or any portion of the state. 5 Sec. 13. NEW SECTION . 466B.52 Purposes and goals. 6 1. The purpose of this subchapter is to establish riparian 7 protection measures for public water sources that do all of the 8 following: 9 a. Provide protection from erosion and runoff pollution. 10 b. Stabilize soils, shores, and banks. 11 c. Protect or provide riparian corridors for public use. 12 2. In administering this subchapter, the division, in 13 consultation with the department, shall advance all of the 14 following goals: 15 a. Reduce soil erosion and sediment loss, including by doing 16 any of the following: 17 (1) Stabilizing the soil or otherwise limiting sediment 18 from being conveyed by surface water runoff. 19 (2) Filtering sediment-laden water. 20 b. Manage nutrients and reduce contributing contaminant 21 loads to receiving public surface waters. 22 c. Provide a setback distance from an input applied to 23 adjacent land, including pesticides as defined in section 24 206.2, nutrients as defined in section 455B.171, commercial 25 fertilizers as defined in section 200.3, and manure as defined 26 in section 459.102. 27 d. Reduce the volume or velocity of precipitation-induced 28 surface water. 29 e. Improve stream or ditch bank stability with deep-rooted 30 plants. 31 f. Provide an infiltration area for surface water. 32 g. Provide an uptake and denitrification zone for shallow 33 subsurface flow. 34 h. Retire adjacent land from crop production in areas that 35 -5- LSB 5487XS (3) 90 da/ns 5/ 14
S.F. 2198 have low productivity or are inefficient to farm. 1 i. Provide habitat for beneficial wildlife species if a 2 corridor is sufficiently wide or the buffer connects larger 3 habitat areas together. 4 Sec. 14. NEW SECTION . 466B.53 Administration and 5 enforcement. 6 1. The division shall administer and enforce this chapter 7 in consultation with the department. The division shall adopt 8 all rules necessary or desirable to carry out this subchapter, 9 including rules necessary or desirable to effectuate this 10 subchapters purposes and goals as provided in section 466B.52. 11 2. The division shall assist the department and the water 12 resources coordinating council established in section 466B.3, 13 including in the completion of a statewide regional watershed 14 assessment, prioritization, and planning process described in 15 section 466B.5. 16 3. a. The commissioners of a district shall consult with 17 department field office staff in assisting the division in the 18 administration and enforcement of this subchapter. 19 b. The commissioners of a district shall assist landowners 20 in establishing and maintaining riparian protection measures. 21 The assistance may be in the form of planning, technical 22 support, and tracking progress toward compliance with the 23 requirements of this subchapter. 24 4. The division, acting on its own or on behalf of the 25 commissioners of a district, may obtain an administrative 26 search warrant to determine compliance with this subchapter as 27 provided in section 808.14. 28 Sec. 15. NEW SECTION . 466B.54 Riparian protection inventory 29 and map. 30 1. The department shall prepare, revise, and publish a 31 riparian protection inventory and map for each county which 32 shall be used as the basis of designating public water sources 33 that require riparian protection from nonpoint sources of 34 pollution as provided in this subchapter. 35 -6- LSB 5487XS (3) 90 da/ns 6/ 14
S.F. 2198 2. In preparing and revising a riparian protection 1 inventory and map, the department shall provide priority to a 2 public water source classified as any of the following: 3 a. Part of a subwatershed that drains into a water body or 4 water segment placed on the departments section 303(d) list 5 as defined in section 455B.171, regardless of whether a total 6 maximum daily load for that water body or water segment has 7 been developed. 8 b. A high-quality water resource as defined in section 9 459.102. 10 c. The Mississippi river basin as part of the Mississippi 11 river basin initiative as provided in chapter 161G. 12 3. Each tract of land where each riparian protection measure 13 is to be established shall be identified according to a system 14 of parcels identified by a property identification number 15 according to uniform criteria developed by the department. 16 4. The division, and a board governing a drainage or 17 levee district as provided in chapter 468, shall provide all 18 cooperation requested by the department in order to prepare and 19 revise a riparian protection inventory and map. 20 Sec. 16. NEW SECTION . 466B.55 Riparian protection measures. 21 1. A landowner shall establish and maintain riparian 22 protection measures as provided in this section. 23 2. a. A landowner of property adjacent to a public water 24 source identified as part of a riparian protection inventory 25 and map shall maintain a continuous riparian protection buffer 26 as follows: 27 (1) The riparian protection buffer must consist of 28 perennial vegetation, excluding invasive plants and weeds 29 declared noxious pursuant to section 317.1A, if the area is 30 adjacent to a public water source. 31 (2) (a) Except as provided in subparagraph division (b), 32 the riparian protection buffer shall have a fifty-foot average 33 width and a thirty-foot minimum width. 34 (b) A landowner shall comply with subparagraph division 35 -7- LSB 5487XS (3) 90 da/ns 7/ 14
S.F. 2198 (a) twelve months after the land is identified in a riparian 1 protection inventory and map published under section 466B.54. 2 The commissioners of a district may grant a landowner a 3 one-time waiver of this requirement for not more than one year. 4 (3) (a) For a ditch, tile drain, watercourse, or settling 5 basin established as part of a drainage or levee district 6 governed under chapter 468, the buffer shall have a sixteen and 7 one-half foot minimum width. 8 (b) A landowner shall comply with subparagraph division (a) 9 twenty-four months after the land is identified as part of a 10 riparian protection inventory and map published under section 11 466B.54. The commissioners of a district may grant a landowner 12 a one-time waiver of this requirement for not more than one 13 year. 14 b. The width of a riparian protection buffer shall be 15 measured from the crown of the bank. Where there is no defined 16 bank, the measurement shall be from the edge of the normal 17 water level. The division may provide a different measurement 18 method for a ditch, tile drain, watercourse, or settling basin 19 established as part of a drainage or levee district governed 20 under chapter 468. 21 3. a. A landowner of property adjacent to a public water 22 source identified as part of a riparian protection inventory 23 and map may meet the requirements described in subsection 1 24 by adopting an alternative riparian protection practice alone 25 or in combination with a modified riparian protection buffer. 26 The alternative riparian protection practice as established 27 alone or in combination with a riparian protection buffer shall 28 provide water quality protection comparable to the riparian 29 protection described in subsection 2. 30 b. A landowner shall comply with paragraph a twelve 31 months after the land is identified as part of a riparian 32 protection inventory and map published under section 466B.54. 33 The commissioners of a district may grant a one-time waiver of 34 this requirement for not more than one year. 35 -8- LSB 5487XS (3) 90 da/ns 8/ 14
S.F. 2198 4. The terms and conditions of a riparian protection measure 1 shall be set forth in a parcel-specific riparian protection 2 compliance plan approved by the commissioners of the district 3 where the land is located and filed by the commissioners 4 with the division which shall be published on the divisions 5 internet site. The riparian protection plan may be part of 6 a financing agreement entered into by the landowner and the 7 division or commissioners of a district as provided in chapter 8 161A. 9 5. The establishment and maintenance of a riparian 10 protection measure shall at least comply with all requirements 11 of soil and water conservation practices or erosion control 12 practices as described in chapter 161A, unless otherwise 13 provided by the division and agreed to by the commissioners. 14 A riparian protection measure qualifies for water quality 15 agriculture infrastructure programs created in section 466B.43 16 and the water quality urban infrastructure program as provided 17 in section 466B.44. A riparian protection measure shall be 18 inspected and certified by the commissioners of the district 19 where the land is located as required by the division. 20 6. This section does not prevent a landowner from using land 21 established for riparian protection in any manner that does not 22 interfere with the requirements of this subchapter, including a 23 riparian protection compliance plan. The division shall upon 24 request of a landowner issue a declaratory order regarding the 25 use as provided in section 17A.9. 26 Sec. 17. NEW SECTION . 466B.56 Exemptions. 27 1. A landowner is not required to comply with the 28 requirements in section 466B.55 if any of the following apply: 29 a. The public water source is located adjacent to land where 30 only one landowner is riparian. 31 b. A persons contribution of a pollutant to a public 32 water source is regulated by the department under chapter 455B 33 or pursuant to a permit related to the administration of the 34 national pollutant discharge elimination system permit program 35 -9- LSB 5487XS (3) 90 da/ns 9/ 14
S.F. 2198 pursuant to the federal Water Pollution Control Act, 33 U.S.C. 1 ch. 26, as amended, and 40 C.F.R. pt. 124. However, this 2 paragraph does not apply to the discharge or application of 3 manure or other nutrients under chapter 459, 459A, or 459B. 4 c. The land where riparian protection measures are otherwise 5 required pursuant to section 466B.55 is any of the following: 6 (1) Enrolled in the federal conservation reserve program as 7 described in 7 C.F.R. pt. 1410. 8 (2) A wetland that could qualify under the conservation 9 reserve enhancement program as provided in section 466.5. 10 (3) Subject to a conservation easement as provided in 11 chapter 457A. 12 (4) Covered by a road, trail, building, or other structure. 13 (5) Subject to a crop approved by the division, including 14 alfalfa or other perennial crop or part of a water-inundation 15 cropping system. 16 (6) Part of a prairie, forest area, other biologically 17 significant area, or that contains significant archaeological, 18 historical, or cultural value. 19 (7) Contains geological characteristics which are 20 unsuitable for vegetation. 21 (8) In a temporary nonvegetated condition due to drainage 22 tile installation and maintenance, plant seeding, or the 23 construction of a conservation project authorized by the 24 federal government, the state, or a political subdivision 25 thereof. 26 2. The division may excuse a landowner from complying with 27 the requirements of section 466B.55 if the division determines 28 that compliance would not significantly further the purposes 29 and goals of this chapter as described in section 466B.52. The 30 exemption may be based on but is not limited to any of the 31 following: 32 a. The normal water level, which may exclude periods of 33 drought or flooding. 34 b. The average water flow, which may exclude periods of 35 -10- LSB 5487XS (3) 90 da/ns 10/ 14
S.F. 2198 drought or flooding. 1 c. The total drainage area, which may exclude periods of 2 drought or flooding. 3 Sec. 18. NEW SECTION . 466B.57 Corrective action 4 compliance order. 5 1. The division shall take enforcement action against 6 a landowner who violates a term or condition of a riparian 7 protection compliance plan as provided in section 466B.55. The 8 division, in cooperation with the department and commissioners 9 of a district where the land is located, shall issue a 10 compliance order that includes a list of corrective actions 11 that the landowner must correct. The compliance order shall 12 include a practical period for the landowner to complete the 13 corrective actions and for the commissioners to inspect the 14 land and approve the corrective actions. A corrective action 15 must be approved by the commissioners within one year after the 16 division issues the compliance order, unless the commissioners 17 grant an extension. 18 2. If the landowner is in violation of a protection 19 compliance plan as provided in section 466B.55 and an 20 administrative order is issued by the commissioners under 21 chapter 161A, subchapter V, part 1, to the landowner, the 22 division may waive its right to take an enforcement action 23 under this chapter. 24 Sec. 19. NEW SECTION . 466B.58 Removal or degradation. 25 1. A landowner shall not engage in any work to remove 26 or degrade a riparian protection measure, in whole or in 27 part, unless the person has obtained a signed statement from 28 the commissioners of the district where the land is located 29 granting authorization to engage in the work as required by the 30 division. 31 2. A person other than a landowner shall not engage in 32 any work to remove or degrade a riparian protection measure, 33 in whole or in part, unless the person has obtained a signed 34 statement from the landowner granting authorization to engage 35 -11- LSB 5487XS (3) 90 da/ns 11/ 14
S.F. 2198 in the work subject to the requirements in subsection 1. 1 Sec. 20. NEW SECTION . 466B.59 Civil penalty. 2 1. Except as provided in subsection 2, a landowner who does 3 not complete a corrective action within the period stated in 4 the compliance order under section 466B.57 is subject to a 5 civil penalty as follows: 6 a. One hundred dollars per parcel as described in 7 the riparian protection compliance plan which shall be 8 assessed, imposed, and collected on a thirty-day basis for a 9 one-hundred-eighty-day period. 10 b. After the period described in paragraph a , five hundred 11 dollars per parcel as described in the riparian protection 12 compliance plan which shall be assessed, imposed, and collected 13 on a thirty-day basis. 14 2. A person who is in violation of section 466B.56 is 15 subject to a civil penalty of five hundred dollars per parcel 16 as described in the riparian protection compliance plan which 17 shall be assessed, imposed, and collected by the division on a 18 thirty-day basis. 19 3. Civil penalties collected pursuant to this section shall 20 be credited to the general fund of the state. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanations substance by the members of the general assembly. 24 GENERAL. This bill amends Code chapter 466B, which provides 25 for a number of programs to protect surface water and provide 26 for flood mitigation and watershed management. The bill 27 creates a new Code subchapter which requires a landowner having 28 an interest in property adjoining a public water source (e.g., 29 a watercourse such as a river, stream, or drainage ditch; or 30 body of water such as a pond, lake, or reservoir) to establish 31 and maintain a riparian protection measure (measure) in 32 compliance with a riparian protection compliance plan (plan). 33 The plan is derived from a riparian protection inventory and 34 map developed by the department of natural resources (DNR). 35 -12- LSB 5487XS (3) 90 da/ns 12/ 14
S.F. 2198 ADMINISTRATION. The plan must be prepared by the landowner 1 and approved by the division of soil conservation and water 2 quality (division) created within the department of agriculture 3 and land stewardship. The division must act in partnership 4 with commissioners of soil and water conservation districts 5 (commissioners), and in cooperation with a number of other 6 government entities, including the state soil conservation 7 and water quality committee, the water resources coordinating 8 council, and DNR. 9 REQUIREMENTS. Under an approved plan, a landowner must 10 establish and maintain a measure which is either a riparian 11 protection buffer consisting of perennial vegetation, or an 12 alternative riparian protection practice (e.g., erosion control 13 practice or soil and water conservation practice) alone or in 14 combination with a modified riparian protection buffer. The 15 landowner must establish and maintain the measure after the 16 division completes a riparian protection inventory and map 17 which identifies the land subject to riparian protection. A 18 landowner may apply for financial assistance to establish a 19 measure under a number of programs, including cost-share moneys 20 awarded under the authority of the division. 21 EXCEPTIONS. The bill creates a number of exceptions that 22 excuse compliance, including if (1) there is only one riparian 23 landowner; (2) other regulations apply, including storm water 24 outlets regulated by DNR, or a conservation program regulated 25 by the federal or state government; (3) the land is covered by 26 another object or structure; (4) the land is used to produce 27 a designated crop; (5) the land is part of an environmentally 28 designated area (e.g., a forest); (6) the land contains unique 29 geological characteristics; or (7) the land is subject to 30 construction. The division may also create other exceptions 31 if it determines that the exception would not interfere with 32 the bills purposes. 33 ENFORCEMENT. The division is to take enforcement action 34 against a landowner who violates a term or condition of a 35 -13- LSB 5487XS (3) 90 da/ns 13/ 14
S.F. 2198 plan, unless the division allows the commissioners to take an 1 enforcement action in court for the landowners violation of 2 the terms of an administrative order (e.g., for violating the 3 terms of a cost-share agreement). If the division enforces the 4 plan, if must first issue a compliance order listing items that 5 the landowner must complete within a specified time but not 6 more than one year after the compliance order has been issued. 7 The bill also prohibits a landowner or another person from 8 engaging in any work to remove or degrade a riparian protection 9 measure, unless the person has obtained authorization. The 10 bill provides a range of civil penalties based on the number of 11 parcels included in the plan and the period that the violation 12 continues after the compliance order was delivered. The 13 amounts of the civil penalties range from $100 to $500 per 14 parcel. 15 -14- LSB 5487XS (3) 90 da/ns 14/ 14