CHAPTER 462B
PROTECTED WATER AREA SYSTEM

 
This chapter not enacted as a part of this title;

transferred from chapter 108A in Code 1993

  462B.1  Definitions.
  As used in this chapter, unless the context otherwise requires:
  1.  “Commission” means the natural resource commission.
  2.  “Conservation easement” means an easement as defined in section 457A.2.
  3.  “Department” means the department of natural resources.
  4.  “Legislature” means the Iowa general assembly.
  5.  “Management plan” means the document that states the goals and objectives of a specific protected water area which has been proposed for designation, the specific description of the area to be protected, land use agreements with property owners, the specific management programming considerations for the area, the in-depth project evaluations, analysis, justifications, and cost estimates, the proposed acquisition of fee title and conservation easements and other agreements, and the specific design and layout of facilities.
  6.  “Prospective protected water area” means a water area designated by the commission for which an in-depth study for permanent designation as an element of the protected water area system is conducted. Such areas shall possess outstanding cultural and natural resource values such as water conservation, scenic, fish, wetland, forest, prairie, mineral, geological, historic, archaeological, recreation, education, water quality, or flood protection values.
  7.  “Protected water area” means a water area permanently designated by the commission for inclusion in the protected water area system.
  8.  “Protected water area system” means a total comprehensive program that includes the goals and objectives, the state plan, the individual management plans, the prospective protected water areas, the protected water areas, the acquisition of fee title and conservation easements and other agreements, and the administration and management of such areas.
  9.  “State plan” means a long-range comprehensive document that states the goals and objectives of the protected water area system, establishes the procedure and criteria for prospective protected water area designation, provides the format for prospective area analysis, establishes a priority system for prospective area study, recommends potential areas for inclusion into the system, institutes interagency coordination, and outlines general administrative and management needs to develop and administer this system.
  10.  “Water area” means a river, lake, wetland, or other body of water and adjacent lands where the use of those lands affects the integrity of the water resource.
84 Acts, ch 1261, §2
C85, §108A.1
86 Acts, ch 1245, §1848, 1849
C93, §462B.1
Referred to in 

  462B.2  State plan.
  The commission shall maintain a state plan for the design and establishment of an administrative framework of a protected water area system and those adjacent lands needed to protect the integrity of that system.
84 Acts, ch 1261, §4
C85, §108A.2
C93, §462B.2

  462B.3  Nomination of prospective protected water areas.
  After basic resource and user data are gathered by or provided to the commission and the commission deems an area has merit for inclusion into a protected water area system, it may nominate the area for prospective protected water area designation. Other public agencies, interest groups, or citizens, may also recommend nomination of water areas for consideration of inclusion into the protected water area system by submitting to the commission a statement which includes at minimum a general description of the area being recommended for nomination, the resources needing protection, and the benefits to be derived from protecting the resources and a list of the individuals, organizations, and public agencies supporting the nomination.
84 Acts, ch 1261, §5
C85, §108A.3
C93, §462B.3

  462B.4  Prospective designation.
  The commission may designate all or part of any water area having any or all of the resource values cited in section 462B.1, subsection 6, as a prospective protected water area. The prospective designation shall be in effect for a period not to exceed two years during which a management plan is prepared for the protection and enhancement of those values cited in section 462B.1, subsection 6.
84 Acts, ch 1261, §6
C85, §108A.4
C93, §462B.4

  462B.5  Prospective designation public hearing.
  After the nomination of prospective protected water areas by the commission and prior to the designation as a prospective protected water area, the commission shall conduct a public hearing in the vicinity of the water area. Notice of the hearing shall be published at least twice, not less than seven days prior to the hearing, in a newspaper having general circulation in each county in which the proposed water area is located.
84 Acts, ch 1261, §7
C85, §108A.5
C93, §462B.5

  462B.6  Management plan.
  The commission shall prepare and maintain a management plan containing the recommendations for the establishment, development, management, use, and administration of each prospective protected water area designated by the commission. The management plan shall be completed during the two-year prospective designation period.
84 Acts, ch 1261, §8
C85, §108A.6
C93, §462B.6

  462B.7  Management plan public hearing.
  The commission shall hold a final public hearing on the completed management plan in the vicinity of the water area at least thirty days before permanent designation by the commission. Notice of the hearing shall be published at least twice, not less than seven days prior to the hearing, in a newspaper having general circulation in each county in which the water area is located.
84 Acts, ch 1261, §9
C85, §108A.7
85 Acts, ch 67, §14
C93, §462B.7

  462B.8  Designation.
  The commission may adopt the management plan and may permanently designate the area into the protected water area system. Upon the commission adopting the management plan and permanently designating the area as a protected water area, the commission may submit the management plan to the legislature for funding consideration.
84 Acts, ch 1261, §10
C85, §108A.8
C93, §462B.8

  462B.9  Protection methods.
  The commission may use any one or a combination of the available methods, except condemnation, for managing and preserving a protected water area, including but not limited to fee and less than fee title acquisition techniques, such as easements, leasing agreements, covenants, and existing tax incentive programs.
84 Acts, ch 1261, §11
C85, §108A.9
C93, §462B.9

  462B.10  Landowner cooperation.
  Recognizing that most of the protected water areas may be within privately owned lands, the legislature encourages the commission to cooperate with the landowners within the designated areas in achieving the purposes of this chapter. Likewise, the landowners within the designated areas are encouraged to cooperate with the commission. Commission staff shall meet separately or in small groups with landowners within interim protected water areas during the preparation of the master plan to establish workable and acceptable agreements for the protection of the area and its accompanying resources in a manner consistent with the purposes of this chapter and the interest and concerns of the landowner.
84 Acts, ch 1261, §12
C85, §108A.10
C93, §462B.10

  462B.11  Judicial review.
  Judicial review of action of the commission may be sought in accordance with chapter 17A. Notwithstanding chapter 17A, petitions for judicial review may be filed in the district court of Polk county or of any county in which the property affected is located.
84 Acts, ch 1261, §13
C85, §108A.11
C93, §462B.11

  462B.12  Local tax reimbursement.
  The state of Iowa shall reimburse from the general fund of the state any political subdivision the amount of tax moneys lost due to any lower assessments of property resulting from lease agreements, and the acquisition of public lands and conservation easements stemming from designation of a protected water area.
84 Acts, ch 1261, §14
C85, §108A.12
C93, §462B.12

  462B.13  Interagency cooperation.
  All state and local agencies shall cooperate with the commission and coordinate their authorities, responsibilities, and program administration in a manner which will aid in the integrity of the protected water area system as outlined in the state plan, individual management plans, and commission administrative rules.
84 Acts, ch 1261, §15
C85, §108A.13
C93, §462B.13

  462B.14  Management cooperation with local government subdivisions.
  The commission may enter into written cooperative agreements with county boards of supervisors, county conservation boards, and municipal public agencies, for the management of a protected water area.
84 Acts, ch 1261, §16
C85, §108A.14
C93, §462B.14

  462B.15  Part of a national system.
  This chapter does not preclude a component of the protected water area system from being a part of the national wild and scenic river system under the federal Wild and Scenic Rivers Act, 16 U.S.C. §  1271 – 1287. The commission may enter into a written cooperative agreement for joint federal-state administration of rivers which may be designated under that federal Act.
84 Acts, ch 1261, §17
C85, §108A.15
C93, §462B.15

  462B.16  Departmental rules.
  The commission shall adopt under chapter 17A and enforce the administrative rules it deems necessary to carry out this chapter.
84 Acts, ch 1261, §18
C85, §108A.16
C93, §462B.16