House
File
2347
-
Introduced
HOUSE
FILE
2347
BY
COMMITTEE
ON
ENVIRONMENTAL
PROTECTION
(SUCCESSOR
TO
HSB
550)
A
BILL
FOR
An
Act
relating
to
the
adoption
and
use
of
certain
general
1
permits
issued
by
the
department
of
natural
resources.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5323HV
(2)
89
js/ns
H.F.
2347
Section
1.
Section
455B.275,
subsection
3,
Code
2022,
is
1
amended
to
read
as
follows:
2
3.
a.
A
person
shall
file
a
written
an
application
with
the
3
department
if
the
person
desires
to
do
any
of
the
following:
4
(1)
Erect,
construct,
use,
or
maintain
a
structure,
dam,
5
obstruction,
deposit,
or
excavation
in
or
on
any
floodway
or
6
floodplains.
7
(2)
Erect,
construct,
maintain,
or
operate
a
dam
on
a
8
navigable
or
meandered
stream.
9
(3)
Erect,
construct,
maintain,
or
operate
a
dam
on
a
stream
10
for
manufacturing
or
industrial
purposes.
11
b.
The
application
shall
set
forth
information
as
required
12
by
rule
of
the
commission.
The
Unless
the
proposed
activity
13
falls
under
an
adopted
general
permit
as
set
forth
in
paragraph
14
“c”
,
the
department,
after
an
investigation,
shall
approve
15
or
deny
the
application
imposing
conditions
and
terms
as
16
prescribed
by
the
department.
17
c.
The
commission
may
adopt
rules
pursuant
to
chapter
17A
18
for
the
issuance
of
general
permits.
A
general
permit
shall
19
authorize
activities
that,
by
their
nature,
do
not
require
20
further
department
review.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
relates
to
the
adoption
and
use
of
certain
general
25
permits
issued
by
the
department
of
natural
resources
(DNR).
26
Current
law
requires
a
person
to
file
a
written
application
27
with
DNR
if
the
person
desires
to
erect,
construct,
use,
or
28
maintain
a
structure,
dam,
obstruction,
deposit,
or
excavation
29
in
or
on
any
floodway
or
floodplains
or
to
erect,
construct,
30
maintain,
or
operate
a
dam
on
a
navigable
or
meandered
stream
31
or
on
a
stream
for
manufacturing
or
industrial
purposes.
After
32
an
investigation,
DNR
is
required
to
approve
or
deny
the
33
application
and
impose
conditions
and
terms.
34
The
bill
removes
the
requirement
that
the
application
35
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LSB
5323HV
(2)
89
js/ns
1/
2
H.F.
2347
be
written.
The
bill
allows
the
environmental
protection
1
commission
to
adopt
rules
for
the
issuance
of
general
permits.
2
A
general
permit
shall
authorize
activities
that,
by
their
3
nature,
do
not
require
further
DNR
review.
The
bill
exempts
4
DNR
from
approving
or
denying
an
application
if
the
proposed
5
activity
falls
under
an
adopted
general
permit.
6
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5323HV
(2)
89
js/ns
2/
2