Text: HF00466 Text: HF00468 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 268.6 CENTER FOR ENERGY AND
1 2 ENVIRONMENTAL EDUCATION.
1 3 1. The center for energy and environmental education at
1 4 the university of northern Iowa shall develop and implement
1 5 the statewide biological diversity education program created
1 6 under chapter 481C.
1 7 2. An advisory committee is established to assist the
1 8 center to implement chapter 481C. The advisory committee
1 9 consists of a representative or designee from each of the
1 10 following:
1 11 a. The state ecologist.
1 12 b. The Iowa academy of science.
1 13 c. The Leopold center for sustainable agriculture.
1 14 d. The state advisory board for preserves.
1 15 e. The Iowa association of naturalists.
1 16 f. The Iowa conservation education council.
1 17 g. The Iowa environmental council.
1 18 Sec. 2. Section 335.4, Code 1995, is amended to read as
1 19 follows:
1 20 335.4 AREAS AND DISTRICTS.
1 21 For any and all of said purposes the board of supervisors
1 22 may divide the county, or any area or areas within the county,
1 23 into districts of such number, shape, and area as may be
1 24 deemed best suited to carry out the purposes of this chapter;
1 25 and within such districts or between two or more contiguous
1 26 districts it may regulate and restrict the erection,
1 27 construction, reconstruction, alteration, repair, or use of
1 28 buildings, structures or land. All such regulations and
1 29 restrictions shall be uniform for each class or kind of
1 30 buildings throughout each district, but the regulations in one
1 31 district may differ from those in other districts.
1 32 Sec. 3. Section 335.5, unnumbered paragraph 1, Code 1995,
1 33 is amended to read as follows:
1 34 The regulations shall be made in accordance with a
1 35 comprehensive plan and designed to preserve the availability
2 1 of agricultural land; to consider the protection of soil from
2 2 wind and water erosion; to preserve and enhance biological
2 3 diversity; to encourage efficient urban development patterns;
2 4 to lessen congestion in the street or highway; to secure
2 5 safety from fire, flood, panic, and other dangers; to protect
2 6 health and the general welfare; to provide adequate light and
2 7 air; to prevent the overcrowding of land; to avoid undue
2 8 concentration of population; to promote the conservation of
2 9 energy resources; to promote reasonable access to solar
2 10 energy; and to facilitate the adequate provision of
2 11 transportation, water, sewerage, schools, parks and other
2 12 public requirements. However, provisions of this section
2 13 relating to the objectives of energy conservation and access
2 14 to solar energy shall not be construed as voiding any zoning
2 15 regulation existing on July 1, 1981, or to require zoning in a
2 16 county that did not have zoning prior to July 1, 1981.
2 17 Sec. 4. Section 414.3, unnumbered paragraph 1, Code 1995,
2 18 is amended to read as follows:
2 19 The regulations shall be made in accordance with a
2 20 comprehensive plan and designed to preserve the availability
2 21 of agricultural land; to consider the protection of soil from
2 22 wind and water erosion; to preserve and enhance biological
2 23 diversity; to encourage efficient urban development patterns;
2 24 to lessen congestion in the street; to secure safety from
2 25 fire, flood, panic, and other dangers; to promote health and
2 26 the general welfare; to provide adequate light and air; to
2 27 prevent the overcrowding of land; to avoid undue concentration
2 28 of population; to promote the conservation of energy
2 29 resources; to promote reasonable access to solar energy; and
2 30 to facilitate the adequate provision of transportation, water,
2 31 sewerage, schools, parks, and other public requirements.
2 32 However, provisions of this section relating to the objectives
2 33 of energy conservation and access to solar energy do not void
2 34 any zoning regulation existing on July 1, 1981, or require
2 35 zoning in a city that did not have zoning prior to July 1,
3 1 1981.
3 2 Sec. 5. NEW SECTION. 456A.37 FORESTRY MANAGEMENT PLAN
3 3 AND PROHIBITIONS.
3 4 The department shall review and revise forestry management
3 5 plans for public lands and waters within the boundaries of any
3 6 state park, preserve, recreation area, wildlife area, forest,
3 7 stream, or any other lands or waters under the jurisdiction of
3 8 the natural resource commission to be consistent with the
3 9 provisions of chapter 481C.
3 10 Notwithstanding any other provisions to the contrary, the
3 11 department shall not harvest trees within the boundaries of
3 12 any state park, preserve, recreation area, wildlife area,
3 13 forest, or any other land under the jurisdiction of the
3 14 natural resource commission without first completing a species
3 15 status report as required under section 481C.3.
3 16 Notwithstanding any other provisions to the contrary, the
3 17 department shall not harvest trees within the boundaries of
3 18 any state park, preserve, recreation area, wildlife area,
3 19 forest, or any other land under the jurisdiction of the
3 20 natural resource commission where there would be a negative
3 21 impact on threatened, endangered, or rare flora or fauna or
3 22 other migratory or nongame species.
3 23 Sec. 6. Section 465C.8, Code 1995, is amended by adding
3 24 the following new subsections:
3 25 NEW SUBSECTION. 13. To direct the state ecologist to
3 26 coordinate the development of the statewide biological
3 27 diversity education program to be created and implemented by
3 28 the center for energy and environmental education at the
3 29 university of northern Iowa under section 268.6.
3 30 NEW SUBSECTION. 14. To direct the state ecologist to
3 31 review action taken by state agencies as required under
3 32 section 481C.5 which affects public land and to issue comments
3 33 which will further the preservation of biological diversity in
3 34 the affected area.
3 35 Sec. 7. NEW SECTION. 481C.1 BIOLOGICAL DIVERSITY
4 1 PRESERVATION &endash; POLICY OF STATE.
4 2 1. Preservation of biological diversity shall be a state
4 3 goal.
4 4 2. The actions and programs of all state departments and
4 5 agencies shall be consistent with the goal of preservation of
4 6 biological diversity to the maximum extent possible.
4 7 3. All state departments and agencies, prior to taking any
4 8 action or making any changes affecting any area of state
4 9 government, shall make an explicit examination of the effects
4 10 that this action or change may have on biological diversity.
4 11 4. All state departments and agencies shall choose the
4 12 action or make the change that has the least negative effect
4 13 on biological diversity.
4 14 Sec. 8. NEW SECTION. 481C.2 DEFINITIONS.
4 15 For purposes of this chapter:
4 16 1. "Biological diversity" or "biodiversity" means the full
4 17 range of variety and variability within and among living
4 18 organisms and the natural associations in which they occur.
4 19 Biological diversity includes ecosystem diversity, species
4 20 diversity, and genetic diversity.
4 21 2. "Ecosystem" means an interdependent community of
4 22 species together with its physical environment, considered as
4 23 a unit.
4 24 3. "Ecosystem diversity" means the distinctive communities
4 25 of species and ecological processes that occur in different
4 26 physical settings of the biosphere.
4 27 4. "Genetic diversity" means the differences in genetic
4 28 composition within and among populations of a given species.
4 29 5. "Species diversity" means the richness and variety of
4 30 native species. "Species diversity" does not include the
4 31 introduction of nonnative or exotic species.
4 32 Sec. 9. NEW SECTION. 481C.3 STATUS REPORT.
4 33 The state ecologist shall send a status report by January
4 34 15 of each year to the department of natural resources. The
4 35 report shall give a detailed account of the losses and gains
5 1 to rare, threatened, or endangered species within the state
5 2 and the efforts which have been made to protect and enhance
5 3 biological diversity. The report shall specifically include
5 4 all of the following:
5 5 1. Identification of the department's impact on biological
5 6 diversity, noting which ecosystems and species are impacted,
5 7 how they are affected, the extent of the impact, and the
5 8 existence and effectiveness of mitigation measures.
5 9 2. Techniques that can be used to improve the protection
5 10 and maintenance of this state's biological diversity, and the
5 11 long-term viability of ecosystems and ecosystem processes,
5 12 including all of the following:
5 13 a. Enhancement of scientific knowledge through improved
5 14 and more complete biological surveys, and research designed to
5 15 identify factors limiting population viability or persistence.
5 16 b. Identification of habitats and species of special
5 17 concern and methods to protect them.
5 18 c. Improvement of management techniques based on
5 19 scientific knowledge of the conservation of biological
5 20 diversity.
5 21 d. Effective restoration methods for ecosystems or species
5 22 of concern.
5 23 e. Broad-based education efforts regarding the importance
5 24 of biological diversity and the need for preservation.
5 25 f. The use of areas demonstrating management techniques
5 26 that preserve or restore native biological diversity.
5 27 g. The use of cooperative biological diversity programs
5 28 among government agencies, public and private ventures, and
5 29 the public sector.
5 30 Sec. 10. NEW SECTION. 481C.4 BIOLOGICAL DIVERSITY
5 31 EDUCATION PROGRAM.
5 32 The center for energy and environmental education at the
5 33 university of northern Iowa and the state ecologist in
5 34 conjunction with the Iowa academy of science shall establish a
5 35 program to inventory all species which exist on lands within
6 1 the state and to educate landowners as to the need for
6 2 preservation of the biological diversity of existing species.
6 3 A private landowner may voluntarily request to participate in
6 4 the program. A record shall be kept of the occurrence of rare
6 5 species.
6 6 Sec. 11. NEW SECTION. 481C.5 REPORT ON ACTIONS AFFECTING
6 7 PUBLIC LANDS.
6 8 All state agencies, prior to taking any action which will
6 9 affect public land, shall submit a report to the state
6 10 ecologist which describes the area, the action being taken,
6 11 and the attempts which will be made by the acting party to
6 12 ensure that the balance of species diversity on the land is
6 13 equal to what it was prior to any action being taken. The
6 14 state ecologist shall review the report within thirty days
6 15 from its receipt and shall offer recommendations to the agency
6 16 regarding the proposed action and preserving the biological
6 17 diversity which exists in the area.
6 18 Sec. 12. The department of natural resources shall be
6 19 required to fill the position of state ecologist as provided
6 20 for under section 465C.7 by July 1, 1996, to implement the
6 21 provisions of this Act.
6 22 EXPLANATION
6 23 This bill addresses the issue of biological diversity and
6 24 its importance to the world and to the state as a natural
6 25 resource in need of protection. Biological diversity is
6 26 defined in the bill as the full range of variety and
6 27 variability within and among living organisms and the natural
6 28 associations in which they occur. The bill states that it is
6 29 the policy of this state that preservation of biological
6 30 diversity is a state goal and that the actions of all state
6 31 departments and agencies should be consistent with this goal.
6 32 In addition, it requires an explicit examination of the
6 33 effects on biological diversity of any changes or actions
6 34 taken by state government.
6 35 The bill places the authority for creating and implementing
7 1 the biological diversity program with the center for energy
7 2 and environmental education which exists at the university of
7 3 northern Iowa. The bill creates an advisory committee to
7 4 assist the center. There are several components to the
7 5 biological diversity program created in this bill. The state
7 6 ecologist is required to submit a status report on the losses
7 7 and gains to rare, threatened, or endangered species within
7 8 the state by January 15 of each year to the department of
7 9 natural resources. The report is to give a detailed account
7 10 of biological diversity as it exists within the state and the
7 11 preservation and enhancement efforts which have been taken
7 12 regarding the selected species.
7 13 A biological diversity education program is established to
7 14 inventory species existing on private lands and to provide an
7 15 opportunity for a private landowner to have an inventory
7 16 conducted. An essential part of this program is to educate
7 17 the private landowner as to the variety of species which exist
7 18 on the property and the ways in which these species can be
7 19 preserved and enhanced to maintain the biological diversity
7 20 which exists on the land.
7 21 The bill directs that county or city zoning regulations
7 22 take into account the need to preserve and enhance biological
7 23 diversity and allows for zoning regulations between two or
7 24 more contiguous districts.
7 25 All state agencies are directed to submit a report to the
7 26 state ecologist prior to taking any action which may affect
7 27 the diversity of species on public lands. The state ecologist
7 28 must review the report and make recommendations to the agency
7 29 to facilitate the preservation of biological diversity in the
7 30 area.
7 31 The bill requires the department of natural resources to
7 32 review and revise forestry management plans to be consistent
7 33 with the goals of biological diversity as set forth under
7 34 chapter 481C. In addition, the department is prohibited from
7 35 harvesting trees on public lands without first completing a
8 1 species status report and from harvesting trees on public
8 2 lands where there would be a negative impact on threatened,
8 3 endangered, or rare flora or fauna or other migratory or
8 4 nongame species.
8 5 Finally, the bill directs the department of natural
8 6 resources to fill the position of state ecologist by July 1,
8 7 1996, to implement the provisions of this Act. The position
8 8 of state ecologist currently exists and is created under
8 9 section 465C.7.
8 10 LSB 2084HH 76
8 11 js/cf/24.3
Text: HF00466 Text: HF00468 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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