Senate Study Bill 3092 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF NATURAL RESOURCES BILL) A BILL FOR An Act relating to conservation and recreation policies and 1 programs within the department of natural resources. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5332DP (7) 87 js/rn

S.F. _____ H.F. _____ Section 1. Section 455A.4, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 6. The department is, except as otherwise 3 provided by law, empowered to make and execute agreements, 4 contracts, grants, and other instruments necessary to carry out 5 the department’s obligations. 6 Sec. 2. Section 456B.1, subsection 4, Code 2018, is amended 7 to read as follows: 8 4. “Protected “State protected wetlands” means type 3, 9 type 4, and type 5 wetlands as described in circular 39, 10 “Wetlands of the United States”, 1971 Edition, published by 11 the United States department of the interior , or a palustrine 12 emergent wetland with a water regime of seasonally flooded, 13 semipermanently flooded, or permanently flooded as described 14 in “Classification of Wetlands and Deepwater Habitats of the 15 United States”, published in 1979 by the United States fish 16 and wildlife service . However, a state protected wetland does 17 not include land where an agricultural drainage well has been 18 plugged causing a temporary wetland or land within a drainage 19 district or levee district. 20 Sec. 3. Section 456B.12, Code 2018, is amended by striking 21 the section and inserting in lieu thereof the following: 22 456B.12 Inventory of state protected wetlands. 23 The department shall inventory the wetlands and marshes 24 of each county and make a preliminary designation as to 25 which constitute state protected wetlands by using current 26 geographic information system technology and comparisons to 27 past inventories. 28 Sec. 4. Section 456B.13, Code 2018, is amended by striking 29 the section and inserting in lieu thereof the following: 30 456B.13 State protected wetlands easement program. 31 The department may develop and implement an easement program 32 for state protected wetlands and may obtain an easement on a 33 state protected wetland under the following conditions: 34 1. The grantor is a willing participant in the easement 35 -1- LSB 5332DP (7) 87 js/rn 1/ 4

S.F. _____ H.F. _____ program. 1 2. The value of the easement is based upon an appraisal 2 prepared by an independent certified appraiser. 3 3. The general assembly appropriates funding for the 4 easement program or the department receives funding from other 5 sources and such funding is eligible for use in the easement 6 program. This subsection expressly authorizes the department 7 to receive funds from public or private organizations or 8 persons for the purpose of developing and implementing the 9 easement program. 10 Sec. 5. REPEAL. Chapter 28N, Code 2018, is repealed. 11 Sec. 6. REPEAL. Sections 455A.8, 455A.8A, and 456B.14, Code 12 2018, are repealed. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill changes duties and responsibilities of the 17 department of natural resources. 18 The department currently does not have explicit 19 authorization to make and execute agreements, contracts, 20 grants, and other instruments necessary to carry out the 21 department’s obligations. The bill grants the department this 22 authority. 23 In Code chapter 456B, the definition of “protected wetlands” 24 includes type 3, type 4, and type 5 wetlands as described in 25 circular 39, “Wetlands of the United States”, 1971 Edition. 26 The department must inventory the wetlands and marshes of 27 each county and make preliminary designations as to which 28 constitute protected wetlands, in consultation with the 29 county conservation board. After completing the inventory, 30 the department shall use an existing map, or prepare a map, 31 and a list of the marshes and wetlands that the department 32 designated as protected wetlands in each county and file the 33 list and map with the county conservation board and county 34 recorder. The department must notify affected landowners, 35 -2- LSB 5332DP (7) 87 js/rn 2/ 4

S.F. _____ H.F. _____ who have the opportunity to challenge designations. A person 1 cannot drain a wetland without a permit from the department. 2 The department can only grant a permit if the landowner meets 3 certain conditions. A person who drains a wetland without a 4 permit or otherwise violated a permit is subject to a civil 5 penalty of no more than $500 per day for each day the violation 6 continues, commencing on the fourth day after the violator 7 receives notice of the violation. 8 The bill changes the term “protected wetlands” in Code 9 chapter 456B to “state protected wetlands”. The bill expands 10 the definition to include an alternate type of wetland to 11 the three types described in the existing definition. The 12 bill requires the department to preliminarily designate state 13 protected wetlands by using current geographic information 14 system technology and comparisons to past inventories. The 15 bill removes the prohibition against draining wetlands without 16 a permit and the associated civil penalty. The bill creates an 17 easement program that allows the department to obtain easements 18 on state protected wetlands if the grantor of the easement is a 19 willing participant, the value of the easement is based on an 20 appraisal prepared by an independent certified appraiser, and 21 the Iowa general assembly appropriates funding for the easement 22 program or the department receives funding from other sources 23 and such funding is eligible for use in the easement program. 24 The bill expressly allows public and private parties to donate 25 funds to the department to develop and implement the easement 26 program. 27 Currently, a Mississippi river partnership council provides 28 a forum for stakeholders to discuss matters relevant to the 29 health, management, and use of the Mississippi river. The 30 council has the authority to develop strategies and work with 31 communities, organizations, other states, and federal agencies 32 to further its goals. 33 The department currently contains the Brushy creek 34 recreation trails advisory board that has the purpose of 35 -3- LSB 5332DP (7) 87 js/rn 3/ 4

S.F. _____ H.F. _____ maintaining and improving the trail system within the Brushy 1 creek recreation area and the adjoining state preserve. 2 The bill repeals the Mississippi river partnership council 3 and the Brushy creek recreation trails advisory board. 4 -4- LSB 5332DP (7) 87 js/rn 4/ 4