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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 establish and administer
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 1997, 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 1997,
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 1997,
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.38 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 1997, 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 – POLICY OF STATE.
4 2 1. Preservation of biological diversity is a state goal.
4 3 2. The actions and programs of all state departments and
4 4 agencies shall be consistent with the goal of preservation of
4 5 biological diversity to the maximum extent possible.
4 6 3. All state departments and agencies, prior to taking any
4 7 action or making any changes affecting any area of state
4 8 government, shall make an explicit examination of the effects
4 9 that the action or change may have on biological diversity.
4 10 4. All state departments and agencies shall choose the
4 11 action or make the change that has the least negative effect
4 12 on biological diversity.
4 13 Sec. 8. NEW SECTION. 481C.2 DEFINITIONS.
4 14 For purposes of this chapter:
4 15 1. "Biological diversity" or "biodiversity" means the full
4 16 range of variety and variability within and among living
4 17 organisms and the natural associations in which they occur.
4 18 Biological diversity includes ecosystem diversity, species
4 19 diversity, and genetic diversity.
4 20 2. "Ecosystem" means an interdependent community of
4 21 species together with its physical environment, considered as
4 22 a unit.
4 23 3. "Ecosystem diversity" means the distinctive communities
4 24 of species and ecological processes that occur in different
4 25 physical settings of the biosphere.
4 26 4. "Genetic diversity" means the differences in genetic
4 27 composition within and among populations of a given species.
4 28 5. "Species diversity" means the richness and variety of
4 29 native species. "Species diversity" does not include the
4 30 introduction of nonnative or exotic species.
4 31 Sec. 9. NEW SECTION. 481C.3 STATUS REPORT.
4 32 The state ecologist shall send a status report by January
4 33 15 of each year to the department of natural resources. The
4 34 report shall give a detailed account of the losses and gains
4 35 to rare, threatened, or endangered species within the state
5 1 and the efforts which have been made to protect and enhance
5 2 biological diversity. The report shall specifically include
5 3 all of the following:
5 4 1. Identification of the department's impact on biological
5 5 diversity, noting which ecosystems and species are impacted,
5 6 how they are affected, the extent of the impact, and the
5 7 existence and effectiveness of mitigation measures.
5 8 2. Techniques that can be used to improve the protection
5 9 and maintenance of this state's biological diversity, and the
5 10 long-term viability of ecosystems and ecosystem processes,
5 11 including all of the following:
5 12 a. Enhancement of scientific knowledge through improved
5 13 and more complete biological surveys, and research designed to
5 14 identify factors limiting population viability or persistence.
5 15 b. Identification of habitats and species of special
5 16 concern and methods to protect them.
5 17 c. Improvement of management techniques based on
5 18 scientific knowledge of the conservation of biological
5 19 diversity.
5 20 d. Effective restoration methods for ecosystems or species
5 21 of concern.
5 22 e. Broad-based education efforts regarding the importance
5 23 of biological diversity and the need for preservation.
5 24 f. The use of areas demonstrating management techniques
5 25 that preserve or restore native biological diversity.
5 26 g. The use of cooperative biological diversity programs
5 27 among government agencies, public and private ventures, and
5 28 the public sector.
5 29 Sec. 10. NEW SECTION. 481C.4 BIOLOGICAL DIVERSITY
5 30 EDUCATION PROGRAM.
5 31 The center for energy and environmental education at the
5 32 university of northern Iowa and the state ecologist, in
5 33 conjunction with the Iowa academy of science, shall establish
5 34 a program to inventory all species which exist on lands within
5 35 the state and to educate landowners as to the need for
6 1 preservation of the biological diversity of existing species.
6 2 A private landowner may voluntarily request to participate in
6 3 the program. A record shall be kept of the occurrence of rare
6 4 species.
6 5 Sec. 11. NEW SECTION. 481C.5 REPORT ON ACTIONS AFFECTING
6 6 PUBLIC LANDS.
6 7 All state agencies, prior to taking any action which will
6 8 affect public land, shall submit a report to the state
6 9 ecologist which describes the area, the action being taken,
6 10 and the attempts which will be made by the acting party to
6 11 ensure that the balance of species diversity on the land is
6 12 equal to what it was prior to any action being taken. The
6 13 state ecologist shall review the report within thirty days of
6 14 its receipt and shall offer recommendations to the agency
6 15 regarding the proposed action and preserving the biological
6 16 diversity which exists in the area.
6 17 Sec. 12. The department of natural resources shall fill
6 18 the position of state ecologist, as provided for under section
6 19 465C.7, by July 1, 1998, to implement the provisions of this
6 20 Act.
6 21 EXPLANATION
6 22 This bill addresses the issue of biological diversity and
6 23 its importance to the world and to the state as a natural
6 24 resource in need of protection. Biological diversity is
6 25 defined in the bill as the full range of variety and
6 26 variability within and among living organisms and the natural
6 27 associations in which they occur. The bill states that it is
6 28 the policy of this state that preservation of biological
6 29 diversity is a state goal and that the actions of all state
6 30 departments and agencies should be consistent with this goal.
6 31 In addition, it requires an explicit examination of the
6 32 effects on biological diversity of any changes or actions
6 33 taken by state government.
6 34 The bill places the authority for establishing and
6 35 administering the biological diversity program with the center
7 1 for energy and environmental education which exists at the
7 2 university of northern Iowa. The bill creates an advisory
7 3 committee to assist the center. There are several components
7 4 to the biological diversity program created in this bill. The
7 5 state ecologist is required to submit a status report on the
7 6 losses and gains to rare, threatened, or endangered species
7 7 within the state by January 15 of each year to the department
7 8 of natural resources.
7 9 A biological diversity education program is established to
7 10 inventory species existing on private lands and to provide an
7 11 opportunity for a private landowner to have an inventory
7 12 conducted. An essential part of this program is to educate
7 13 the private landowner as to the variety of species which exist
7 14 on the property and the ways in which these species can be
7 15 preserved and enhanced to maintain the biological diversity
7 16 which exists on the land.
7 17 The bill directs that county or city zoning regulations
7 18 take into account the need to preserve and enhance biological
7 19 diversity and allows for zoning regulations between two or
7 20 more contiguous districts.
7 21 All state agencies are directed to submit a report to the
7 22 state ecologist prior to taking any action which may affect
7 23 the diversity of species on public lands. The state ecologist
7 24 must review the report and make recommendations to the agency
7 25 to facilitate the preservation of biological diversity in the
7 26 area.
7 27 The bill requires the department of natural resources to
7 28 review and revise forestry management plans to be consistent
7 29 with the goals of biological diversity as set forth under new
7 30 Code chapter 481C. In addition, the department is prohibited
7 31 from harvesting trees on public lands without first completing
7 32 a species status report and from harvesting trees on public
7 33 lands where there would be a negative impact on threatened,
7 34 endangered, or rare flora or fauna or other migratory or
7 35 nongame species.
8 1 Finally, the bill directs the department of natural
8 2 resources to fill the position of state ecologist by July 1,
8 3 1998, to implement the provisions of this Act. The position
8 4 of state ecologist currently exists and is created under
8 5 section 465C.7.
8 6 LSB 2235SS 77
8 7 tm/cf/24
Text: SF00439 Text: SF00441 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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