Text: HSB00274 Text: HSB00276 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 303.35 COUNTY PROPERTIES OF 1 2 HISTORICAL SIGNIFICANCE. 1 3 1. A county shall, to the extent practicable, preserve and 1 4 protect properties the historical division has determined are 1 5 properties of historical significance as provided in this 1 6 section. A county may designate a property which is deemed to 1 7 merit preservation as a property of historical significance 1 8 under the following conditions: 1 9 a. The property of historical significance shall be 1 10 proposed by the county board of supervisors on its own motion 1 11 or upon the receipt by the board of a petition signed by at 1 12 least one hundred residents of the county. The county shall 1 13 submit a description of the proposed property of historical 1 14 significance or the petition describing the proposed property, 1 15 if the proposed property is a result of the receipt of a 1 16 petition, to the historical division which shall determine if 1 17 the proposed property meets the criteria in paragraph "b" and 1 18 may make recommendations concerning the proposed property. 1 19 Any recommendations made by the division shall be made 1 20 available by the county to the public for viewing during 1 21 normal working hours at a county government place of public 1 22 access. 1 23 b. A county shall not designate a property as a property 1 24 of historical significance unless it contains property which 1 25 meets the criteria specified in subsection 5, paragraphs "a" 1 26 to "d". 1 27 2. A property shall be designated a property of historical 1 28 significance upon enactment of an ordinance of the county. 1 29 3. A county may provide by ordinance for the establishment 1 30 of a commission to deal with matters involving a proposed 1 31 property of historical significance, but shall provide for 1 32 such commission upon the enactment of the ordinance 1 33 designating a property as a property of historical 1 34 significance as provided in subsection 2. Upon the 1 35 establishment of the commission, the county shall provide by 2 1 ordinance for the method of appointment, the number, and terms 2 2 of members of the commission and for the duties and powers of 2 3 the commission. The commission shall contain not less than 2 4 three members. The members of the commission shall be 2 5 appointed with due regard to proper representation of 2 6 residents and property owners of the county and their relevant 2 7 fields of knowledge including but not limited to history, 2 8 urban planning, architecture, archaeology, law, and sociology. 2 9 Counties shall not appoint more than one-third of the members 2 10 to the commission for a property of historical significance 2 11 that are members of a county zoning commission appointed 2 12 pursuant to section 335.8. The commission shall have the 2 13 power to approve or deny applications for proposed activities 2 14 near the property that place the property of historical 2 15 significance at risk. 2 16 4. An aggrieved party may appeal the commission's action 2 17 to the county board of supervisors. If not satisfied by the 2 18 decision of the board of supervisors, the party may appeal 2 19 within sixty days of the board of supervisors' decision to the 2 20 district court for the county in which the property is 2 21 located. On appeal, the board of supervisors or the district 2 22 court as the case may be shall consider whether the commission 2 23 has exercised its powers and followed the guidelines 2 24 established by the law and ordinance, and whether the 2 25 commission's action was patently arbitrary or capricious. 2 26 5. For purposes of this section, "property of historical 2 27 significance" means any of the following: 2 28 a. Property in Iowa listed on the national register of 2 29 historic places. 2 30 b. A historical site as defined in section 303.2. 2 31 c. A landmark, landmark site, or district that is 2 32 significant in the history, architecture, archaeology, or 2 33 culture of this state, its communities, or the nation. 2 34 d. Land that has a unique cultural, archaeological, or 2 35 historical significance. 3 1 Sec. 2. QUARRY ACTIVITIES MORATORIUM. Commencing on the 3 2 effective date of this Act and ending June 30, 2004, a county 3 3 shall suspend the effectiveness of any permit that allows an 3 4 individual to engage in quarry activities that may imperil the 3 5 structural integrity of property in Iowa listed on the 3 6 national register of historic places, or other property that 3 7 the historical division of the department of cultural affairs 3 8 determines to be property of historical significance. An 3 9 individual may submit a description of the proposed property 3 10 of historical significance to the historical division, which 3 11 shall determine if the proposed property meets the criteria 3 12 provided in section 303.35, subsection 5, paragraphs "b" 3 13 through "d", as enacted by this Act, and shall notify the 3 14 county of its determination by certified mail. "Quarry 3 15 activities", for purposes of this section, means, at a 3 16 minimum, activities conducted by an operator on a quarry site 3 17 relative to the excavation of limestone and shall include 3 18 disturbing overburden, excavation, and processing of 3 19 limestone, stockpiling and removal of limestone from a site, 3 20 and all reclamation activities conducted at a quarry site. 3 21 Sec. 3. EFFECTIVE DATE. This Act, being deemed of 3 22 immediate importance, takes effect upon enactment. 3 23 EXPLANATION 3 24 This bill relates to properties of historical significance 3 25 by requiring counties, to the extent practicable, to preserve 3 26 and protect such properties, and by permitting counties to 3 27 designate a property of historical significance and to 3 28 establish a commission with the power to approve or deny 3 29 applications for proposed activities near the property that 3 30 place the property at risk. The bill includes an approximate 3 31 one-year moratorium on certain activities that may imperil 3 32 such property. 3 33 The county may propose designation of a property of 3 34 historical significance on its own motion or upon the receipt 3 35 of a petition signed by residents of the county. The county 4 1 must submit the petition or a description of the proposed 4 2 property of historical significance to the historical division 4 3 of the department of cultural affairs, which must determine if 4 4 the proposed property meets the criteria listed by the bill. 4 5 An area that meets the criteria shall be designated an area of 4 6 historical significance upon enactment of an ordinance of the 4 7 county. 4 8 A county can provide for the establishment of a commission 4 9 to deal with matters involving a proposed property of 4 10 historical significance, but must provide for such a 4 11 commission upon the enactment of the ordinance designating a 4 12 property as a property of historical significance. The 4 13 commission shall have the power to approve or deny 4 14 applications for proposed activities near the property that 4 15 place property of historical significance at risk. 4 16 An aggrieved party may appeal the commission's action to 4 17 the county board of supervisors, and then the district court. 4 18 The bill defines "property of historical significance" as 4 19 any of the following: a property in Iowa listed on the 4 20 national register of historic places; a historical site; a 4 21 landmark, landmark site, or district that is significant in 4 22 the history, architecture, archaeology, or culture of this 4 23 state, its communities, or the nation; or land that has a 4 24 unique scenic, cultural, archaeological, scientific, or 4 25 historic significance or contains a rare or valuable 4 26 ecological system. 4 27 The bill also places a moratorium, from the effective date 4 28 of the bill until June 30, 2004, on quarry activities that 4 29 imperil the structural integrity of properties of historical 4 30 significance. The bill defines "quarry activities" to mean, 4 31 at a minimum, activities conducted by an operator on a quarry 4 32 site relative to the excavation of limestone and shall include 4 33 disturbing overburden, excavation, and processing of 4 34 limestone, stockpiling and removal of limestone from a site, 4 35 and all reclamation activities conducted at a quarry site. 5 1 LSB 3059HC 80 5 2 kh/cl/14
Text: HSB00274 Text: HSB00276 Text: HSB00200 - HSB00299 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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