CHAPTER 22
HABITAT AND PUBLIC ACCESS PROGRAM
[Prior to 12/31/86, Conservation Commission[290] Ch 22]
571—22.1(456A,483A) Purpose and authority. These rules set forth the procedures to open private lands to public hunting, while providing grant funds to create, manage, and enhance wildlife habitat.
[ARC 7899C, IAB 5/1/24, effective 6/5/24]
571—22.2(456A,483A) Eligibility. In order to be eligible for this program, an applicant shall:
	22.2(1) Have land in Iowa that already contains wildlife habitat or be willing to allow development of wildlife habitat;
	22.2(2) Enter into an agreement with the department; and
	22.2(3) Allow public access for hunting without charge on at least 40 acres.
[ARC 7899C, IAB 5/1/24, effective 6/5/24]
571—22.3(456A,483A) Application procedures. Applications will be accepted only from those eligible pursuant to rule 571—22.2(456A,483A).
	22.3(1) Applications. Applications must be submitted on forms furnished by the department. Landowners will be notified in writing within 30 days of submission of an application whether they have been accepted into the program.
	22.3(2) Project review and selection. Projects will be selected based on the ranked scoring criteria in the application, which prioritize sites with the greatest chance of benefiting wildlife populations and providing adequate recreational hunting opportunities. The criteria include, but are not necessarily limited to, the site’s habitat potential, site suitability, priority locations, and other relevant habitat and hunting access factors.
[ARC 7899C, IAB 5/1/24, effective 6/5/24]
571—22.4(456A,483A) Agreements.
	22.4(1) The commission shall enter into an agreement with approved landowners to carry out the purposes of this program.
	22.4(2) Enrolled lands are subject to game management area hunting rules as contained in 571—Chapter 51. Access and boundary signs shall be placed and maintained on enrolled lands by the department.
[ARC 7899C, IAB 5/1/24, effective 6/5/24]
571—22.5(456A,483A) Cost reimbursement. Whenever a landowner has been found to be in violation of an agreement or terminates the agreement early, the landowner shall reimburse the state a prorated amount of the value of wildlife habitat improvement work completed on the property divided by the entire agreement period multiplied by the unfulfilled years of the agreement, e.g., (total dollars ÷ total years) × unfulfilled years = prorated amount owed. Additionally, the landowner may be assessed early termination penalties that the department may be required to pay a contractor performing the wildlife habitat improvement work on the property.
[ARC 7899C, IAB 5/1/24, effective 6/5/24]
These rules are intended to implement Iowa Code section 483A.3B(3).
[Filed emergency after Notice 1/11/80, Notice 11/28/79—published 2/6/80, effective 1/11/80]
[Filed 10/7/81, Notice 9/2/81—published 10/28/81, effective 12/2/81]
[Filed 10/7/82, Notice 8/4/82—published 10/27/82, effective 12/1/82]
[Filed 2/8/85, Notice 1/2/85—published 2/27/85, effective 4/3/85]
[Filed 7/10/86, Notice 4/23/86—published 7/30/86, effective 9/3/86]1
[Filed emergency 10/17/86—published 11/5/86, effective 10/17/86]
[Filed without Notice 12/12/86—published 12/31/86, effective 2/4/87]
[Filed 12/11/87, Notice 6/3/87—published 12/30/87, effective 2/5/88]
[Filed 1/5/90, Notice 11/15/89—published 1/24/90, effective 2/28/90]
[Filed 12/17/02, Notice 10/2/02—published 1/8/03, effective 2/12/03]
[Filed ARC 9496B (Amended Notice ARC 9423B, IAB 3/9/11; Notice ARC 9325B, IAB 1/12/11), IAB 5/4/11, effective 6/8/11]
[Filed Emergency After Notice ARC 5227C (Notice ARC 5112C, IAB 7/29/20), IAB 10/7/20, effective 9/17/20]
[Filed ARC 7899C (Notice ARC 7251C, IAB 12/27/23), IAB 5/1/24, effective 6/5/24]
1	Effective date of rule 22.7 delayed 70 days by the Administrative Rules Review Committee at its August 21, 1986, meeting.