House File 103 - Introduced
HOUSE FILE
BY ROBERTS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to certain commercial dock permits and providing
2 an effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1146YH 81
5 av/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 462A.27A COMMERCIAL DOCK PERMITS
1 2 == PUBLIC HEARING.
1 3 1. A person shall not begin construction of a commercial
1 4 dock or construction of a material modification of an existing
1 5 commercial dock until the person has been granted a permit by
1 6 the department.
1 7 2. The department shall provide an opportunity for public
1 8 comment concerning whether a permit for the construction or
1 9 material modification of a commercial dock should be granted,
1 10 as follows:
1 11 a. The department shall publish a notice that it has
1 12 received an application for a permit in a newspaper having a
1 13 general circulation in the county where the commercial dock
1 14 will be or is located. The notice shall include all of the
1 15 following:
1 16 (1) The name of the person applying to receive the permit.
1 17 (2) The name of the township where the commercial dock is
1 18 to be constructed or modified.
1 19 (3) The proposed specifications and configuration of the
1 20 commercial dock to be constructed or modified, as required by
1 21 the department, by rule.
1 22 (4) The time and place where the application may be
1 23 examined as provided in section 22.2.
1 24 (5) Procedures for providing public comments to the
1 25 department, as provided by the department, by rule.
1 26 b. The department may hold a public hearing to receive
1 27 public comments regarding the application for the permit.
1 28 c. The department shall not make a determination regarding
1 29 the approval or denial of a permit for construction or
1 30 modification of a commercial dock until thirty days following
1 31 publication of the notice.
1 32 3. Any person adversely affected by the issuance of such a
1 33 permit may file a demand for a hearing before the department
1 34 to reconsider the issuance of the permit. A demand for a
1 35 hearing may be made at any time after the issuance of a
2 1 permit. Demands for hearings to reconsider shall show cause
2 2 and shall be made in accordance with procedures established by
2 3 the department by rule. A showing of cause shall include a
2 4 showing of at least one of the following:
2 5 a. The dock is not safe.
2 6 b. The dock is in violation of the terms or conditions of
2 7 the permit.
2 8 c. Private rights have been adversely affected by the
2 9 issuance of the permit.
2 10 d. Continuation of the permit is not in the public
2 11 interest.
2 12 4. For the purposes of this section, "commercial dock"
2 13 means any dock on or over the inland waters of this state
2 14 under the jurisdiction of the commission in which the use or
2 15 operation of the dock involves a fee, directly or indirectly.
2 16 Sec. 2. EFFECTIVE DATE. This Act, being deemed of
2 17 immediate importance, takes effect upon enactment.
2 18 EXPLANATION
2 19 This bill creates a new Code section 462A.27A relating to
2 20 commercial dock permits issued by the department of natural
2 21 resources. For the purposes of the bill, a "commercial dock"
2 22 means any dock on or over the inland waters of this state
2 23 under the jurisdiction of the natural resource commission in
2 24 which the use or operation of the dock involves a fee,
2 25 directly or indirectly.
2 26 The bill provides that a person shall not begin
2 27 construction of a commercial dock or construction of a
2 28 material modification of an existing commercial dock until the
2 29 person has been granted a permit by the department. The bill
2 30 requires the department to provide an opportunity for public
2 31 comment concerning whether the permit should be granted, by
2 32 publishing a specified notice that it has received such an
2 33 application in a newspaper having general circulation in the
2 34 county where the commercial dock will be or is located. The
2 35 department may also hold a public hearing to receive comments
3 1 regarding the application. The department is prohibited from
3 2 making a determination regarding the approval or denial of a
3 3 permit for construction or modification of a commercial dock
3 4 until 30 days following publication of the notice.
3 5 The bill further provides that any person who is adversely
3 6 affected by the issuance of a commercial dock permit may file
3 7 a demand for a hearing before the department to reconsider the
3 8 issuance of the permit. A demand for a hearing to reconsider
3 9 can be made at any time after the issuance of a permit. A
3 10 demand for hearing to reconsider must show cause and be made
3 11 in accordance with procedures established by the department by
3 12 rule. A showing of cause must include a showing of at least
3 13 one of the following: the dock is not safe, the dock is in
3 14 violation of the terms or conditions of the permit, private
3 15 rights have been adversely affected by the issuance of the
3 16 permit, or continuation of the permit is not in the public
3 17 interest.
3 18 The bill takes effect upon enactment.
3 19 LSB 1146YH 81
3 20 av:nh/gg/14