House Study Bill 275

                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            EDUCATION BILL BY
                                            CHAIRPERSON TYMESON)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to designation by a county of a property of
  2    historical significance, placing a moratorium on activities
  3    that imperil the property, and providing an effective date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 3059HC 80
  6 kh/cl/14

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