HF 631 (LSB 2804YH (2) 91)

HOUSE FILE 631

BY  BODEN

A BILL FOR

An Act relating to backwater variances for bridge construction or repair.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455B.276, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  The director shall issue a variance to any state agency, county, or city for backwater requirements for bridge construction or repair if the director receives from all affected landowners who have not provided the state agency, county, or city with a flooding easement a written acknowledgment stating that each affected landowner’s property will be subject to flooding during and after the construction or repair.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to backwater variances for bridge construction or repair.
   Under current administrative rules, if a bridge that requires a flood plain construction permit exceeds established backwater limits, the department of natural resources (DNR) may require the relevant authority to acquire from the affected landowners a flooding easement for the excess backwater.
   The bill requires the director of DNR to issue a variance to any state agency, county, or city for backwater requirements for bridge construction or repair if the director receives from all affected landowners who have not provided the state agency, county, or city with a flooding easement a written acknowledgment that each landowner’s property will be subject to flooding during and after the construction or repair.