CHAPTER 465C
STATE PRESERVES

Referred to in §455A.4, 455A.5, 456A.14, 456A.24, 459.102, 481A.1
This chapter not enacted as a part of this title;

transferred from chapter 111B in Code 1993

  
     
465C.1  Definitions.
  As used in this chapter:
  1.  “Area” means an area of land or water or both land and water.
  2.  “Commission” means the natural resource commission.
  3.  “Dedication” means the allocation of an area as a preserve by a public agency or by a private owner by written stipulation in a form approved by the department.
  4.  “Department” means department of natural resources created under section 455A.2.
  5.  “Director” means director of the department.
  6.  “Preserve” means an area of land or water formally dedicated under this chapter for maintenance as nearly as possible in its natural condition though it need not be completely primeval in character at the time of dedication or an area which has unusual flora, fauna, geological, archaeological, scenic, or historical features of scientific or educational value.
[C66, 71, 73, 75, 77, 79, 81, §111B.1]
86 Acts, ch 1245, §1869
C93, §465C.1
2006 Acts, ch 1030, §48; 2024 Acts, ch 1170, §334, 335
Subsection 2 stricken and former subsection 3 renumbered as 2
Former subsection 4 amended and renumbered as 3
Former subsections 5 – 7 renumbered as 4 – 6

  
     
465C.2  System of preserves.
  There is hereby created a state system of preserves.
[C66, 71, 73, 75, 77, 79, 81, §111B.2]
C93, §465C.2
2024 Acts, ch 1170, §336
Section amended

  
     
465C.3  Membership.  Repealed by 2024 Acts, ch 1170, §368.

     
465C.4  Expenses.  Repealed by 2024 Acts, ch 1170, §368.

     
465C.5  Organization.  Repealed by 2024 Acts, ch 1170, §368.
For proposed amendment to section by 
2024 Acts, ch 1170, §111
, see Code editor’s note on simple harmonization at the beginning of this Code volume

465C.6  Advisors.  Repealed by 2024 Acts, ch 1170, §368.

     
465C.7  Ecologist.  Repealed by 2024 Acts, ch 1170, §368.

  
     
465C.8  Powers and duties.
  The department shall have the following powers and duties with respect to this chapter:
  1.  To approve an area as a preserve.
  2.  To make and publish all rules necessary to carrying out the purposes of this chapter.
  3.  To recommend dedication as preserves, of areas owned by the state under the jurisdiction of the department.
  4.  To recommend acquisition of areas for dedication as preserves subject to approval by the natural resource commission.
  5.  To recommend dedication as preserves, areas owned by other public agencies, private groups, and individuals.
  6.  To make surveys and maintain registries and records of preserves and other areas of educational or scientific value and of habitats for rare and endangered species of plants and animals in the state.
  7.  To promote research and investigations, carry on interpretive programs and publish and disseminate information pertaining to preserves and related areas of educational or scientific value.
  8.  To promote the establishment and protection of, and advise in the management of, wild parks and other areas of educational or scientific value and otherwise foster and aid in the preservation of natural conditions elsewhere than in preserves.
  9.  To design and control the use of official state preserve signs and recommend to the state department of transportation locations for state preserve signs.
  10.  To submit to the governor and the legislature a report before January 15, 1967, and every two years thereafter which shall account for each preserve in the system and make such other reports and recommendations as it may deem necessary.
  11.  To prepare and recommend a budget, for inclusion as a line item money request in the departmental budget, for appropriation from the state general fund.
[C66, 71, 73, 75, 77, 79, 81, §111B.8]
86 Acts, ch 1245, §1872
C93, §465C.8
2024 Acts, ch 1170, §337, 338
Unnumbered paragraph 1 amended
Subsection 9 stricken and former subsections 10 – 12 renumbered as 9 – 11

  
     
465C.9  Articles of dedication.
  1.  The public agency or private owner shall complete articles of dedication on forms approved by the department. When the articles of dedication have been approved by the governor, the department shall record them with the county recorder for the county or counties in which the area is located.
  2.  The articles of dedication may contain restrictions on development, sale, transfer, method of management, public access, and commercial or other use, and may contain such other provisions as may be necessary to further the purposes of this chapter. They may define the respective jurisdictions of the owner or operating agency and the department. They may provide procedures to be applied in case of violation of the dedication. They may recognize reversionary rights. They may vary in provisions from one preserve to another in accordance with differences in relative conditions.
[C66, 71, 73, 75, 77, 79, 81, §111B.9]
C93, §465C.9
2006 Acts, ch 1030, §49; 2018 Acts, ch 1041, §127; 2024 Acts, ch 1170, §339
Section amended

     
465C.10  When dedicated as a preserve.
  An area shall become a preserve when it has been approved by the department for dedication as a preserve, whether in public or private ownership, formally dedicated as a preserve within the system by a public agency or private owner and designated by the governor as a preserve.
[C66, 71, 73, 75, 77, 79, 81, §111B.10]
C93, §465C.10
2006 Acts, ch 1030, §50; 2024 Acts, ch 1170, §340
Section amended

  
     
465C.11  Area held in trust.
  1.  An area designated as a preserve within the system is hereby declared put to its highest, best, and most important use for public benefit. It shall be held in trust and shall not be alienated except to another public use upon a finding by the department of imperative and unavoidable public necessity and with the approval of the commission, the general assembly by concurrent resolution, and the governor. The department’s interest or interests in any area designated as a preserve shall not be taken under the condemnation statutes of this state without such a finding of imperative and unavoidable public necessity by the department, and with the consent of the commission, the general assembly by concurrent resolution, and the governor.
  2.  The department, with the approval of the governor, may enter into amendments to any articles of dedication upon its finding that such amendment will not permit an impairment, disturbance, or development of the area inconsistent with the purposes of this chapter.
  3.  Before the department shall make a finding of imperative and unavoidable public necessity, or shall enter into any amendment to articles of dedication, the department shall provide notice of such proposal and opportunity for any person to be heard. Such notice shall be published at least once in a newspaper with a general circulation in the county or counties wherein the area directly affected is situated, and mailed within ten days of such published notice to all persons who have requested notice of all such proposed actions. Each notice shall set forth the substance of the proposed action and describe, with or without legal description, the area affected, and shall set forth a place and time not less than sixty days thence for all persons desiring to be heard to have reasonable opportunity to be heard prior to the finding of the department.
[C66, 71, 73, 75, 77, 79, 81, §111B.11]
86 Acts, ch 1245, §1877
C93, §465C.11
2018 Acts, ch 1041, §97; 2024 Acts, ch 1170, §341
Section amended

     
465C.12  Agencies urged to dedicate preserves.
  All departments, agencies, and instrumentalities of the state, including counties, municipalities, public corporations, boards, commissions, and universities shall be urged to dedicate as nature preserves within the system under the procedures outlined in this chapter, suitable areas or portions of areas within their jurisdiction.
[C66, 71, 73, 75, 77, 79, 81, §111B.12]
C93, §465C.12

  
     
465C.13  Other purposes not affected.
  1.  Nothing contained in this chapter shall be construed as interfering with the purposes stated in the establishment of or pertaining to any state or local park, preserve, wildlife refuge, or other area or the proper management and development thereof except that any agency administering any area designated as a nature preserve under the system shall be responsible for preserving the natural character of the area in accordance with the articles of dedication.
  2.  Designation of an area as a preserve within the system shall not void or replace any protected status under law which the area would have were it not so designated.
[C66, 71, 73, 75, 77, 79, 81, §111B.13]
C93, §465C.13
2018 Acts, ch 1041, §127

     
465C.14  Confidentiality of ecologically sensitive sites and information.
  The director of the department of natural resources and the state ecologist shall comply with the requirements of section 22.7, subsection 21, regarding information pertaining to the nature and location of ecologically sensitive resources or sites. The director of the department of natural resources, in consultation with the state ecologist, shall consult with other public officers serving as lawful custodians of ecologically sensitive information to determine whether the information should be confidential or be released.
86 Acts, ch 1228, §3
C87, §111B.14
C93, §465C.14