465CSTATE PRESERVES465C.1Definitions.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, §1869C93, §465C.12006 Acts, ch 1030, §48; 2024 Acts, ch 1170, §334, 335465C.2System of preserves.There is hereby created a state system of preserves.[C66, 71, 73, 75, 77, 79, 81, §111B.2]C93, §465C.22024 Acts, ch 1170, §336465C.3Membership.Repealed by 2024 Acts, ch 1170, §368.465C.4Expenses.Repealed by 2024 Acts, ch 1170, §368.465C.5Organization.Repealed by 2024 Acts, ch 1170, §368.465C.6Advisors.Repealed by 2024 Acts, ch 1170, §368.465C.7Ecologist.Repealed by 2024 Acts, ch 1170, §368.465C.8Powers and duties.The department shall have the following powers and duties with respect to this chapter:1To approve an area as a preserve.2To make and publish all rules necessary to carrying out the purposes of this chapter.3To recommend dedication as preserves, of areas owned by the state under the jurisdiction of the department.4To recommend acquisition of areas for dedication as preserves subject to approval by the natural resource commission.5To recommend dedication as preserves, areas owned by other public agencies, private groups, and individuals.6To 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.7To promote research and investigations, carry on interpretive programs and publish and disseminate information pertaining to preserves and related areas of educational or scientific value.8To 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.9To design and control the use of official state preserve signs and recommend to the state department of transportation locations for state preserve signs.10To 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.11To 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, §1872C93, §465C.82024 Acts, ch 1170, §337, 338465C.9Articles of dedication.1The 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.2The 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.92006 Acts, ch 1030, §49; 2018 Acts, ch 1041, §127; 2024 Acts, ch 1170, §339465C.10When 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.102006 Acts, ch 1030, §50; 2024 Acts, ch 1170, §340465C.11Area held in trust.1An 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.2The 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.3Before 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, §1877C93, §465C.112018 Acts, ch 1041, §97; 2024 Acts, ch 1170, §341465C.12Agencies 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.12465C.13Other purposes not affected.1Nothing 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.2Designation 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.132018 Acts, ch 1041, §127465C.14Confidentiality 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, §3C87, §111B.14C93, §465C.14