H.F. 631 Section 1. Section 455B.276, Code 2025, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 3. The director shall issue a variance to 3 any state agency, county, or city for backwater requirements 4 for bridge construction or repair if the director receives 5 from all affected landowners who have not provided the state 6 agency, county, or city with a flooding easement a written 7 acknowledgment stating that each affected landowner’s property 8 will be subject to flooding during and after the construction 9 or repair. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to backwater variances for bridge 14 construction or repair. 15 Under current administrative rules, if a bridge that 16 requires a flood plain construction permit exceeds established 17 backwater limits, the department of natural resources (DNR) may 18 require the relevant authority to acquire from the affected 19 landowners a flooding easement for the excess backwater. 20 The bill requires the director of DNR to issue a variance to 21 any state agency, county, or city for backwater requirements 22 for bridge construction or repair if the director receives 23 from all affected landowners who have not provided the state 24 agency, county, or city with a flooding easement a written 25 acknowledgment that each landowner’s property will be subject 26 to flooding during and after the construction or repair. 27 -1- LSB 2804YH (2) 91 sb/js 1/ 1