S.F. 435 Section 1. Section 161A.4, Code 2025, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. The division, in consultation with 3 the state soil conservation and water quality committee, and 4 in cooperation with the commissioners of the soil and water 5 conservation districts and the department of natural resources, 6 shall adopt rules pursuant to chapter 17A to implement, 7 administer, and enforce chapter 466B, subchapter V. 8 Sec. 2. Section 161A.42, subsection 4, Code 2025, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . d. The establishment of riparian protection 11 measures as provided in chapter 466B, subchapter V. 12 Sec. 3. Section 161A.42, subsection 9, paragraphs a and b, 13 Code 2025, are amended to read as follows: 14 a. (1) “Permanent soil and water conservation practices” 15 “Permanent soil and water conservation practice” means 16 planting of perennial grasses, legumes, shrubs, or trees, the 17 establishment of grassed waterways, and or the construction of 18 terraces, or other permanent soil and water practices approved 19 by the division. 20 (2) “Permanent soil and water conservation practice” includes 21 riparian protection measures as provided in chapter 466B, 22 subchapter V. 23 b. “Temporary soil and water conservation practices” 24 “Temporary soil and water conservation practice” means planting 25 of annual or biennial crops, use of strip-cropping, contour 26 planting, or minimum or mulch tillage, and any other cultural 27 practices approved by the division. 28 Sec. 4. Section 161A.48, subsection 1, Code 2025, is amended 29 to read as follows: 30 1. a. An Except as provided in paragraph “b” , the owner 31 or occupant of agricultural land in this state is not required 32 to establish any new permanent or temporary soil and water 33 conservation practice unless cost-share or other public 34 moneys have been specifically approved for that land and made 35 -1- LSB 2369XS (3) 91 da/ns 1/ 14

S.F. 435 available to the owner or occupant pursuant to section 161A.74 . 1 b. Paragraph “a” does not apply to riparian protection 2 measures as provided in chapter 466B, subchapter V. 3 Sec. 5. Section 161A.49, Code 2025, is amended to read as 4 follows: 5 161A.49 Petition for court order. 6 1. The Except as provided in subsection 2, the commissioners 7 shall petition the district court for a court order requiring 8 immediate compliance with an administrative order previously 9 issued by the commissioners as provided in section 161A.47 , if 10 all of the following apply : 11 1. a. The work necessary to comply with the administrative 12 order is not commenced on or before the date specified in such 13 order, or in any supplementary order subsequently issued as 14 provided in section 161A.48 , unless in the judgment of the 15 commissioners the failure to commence or complete the work 16 as required by the administrative order is due to factors 17 beyond the control of the person or persons to whom such order 18 is directed and the person or persons can be relied upon to 19 commence and complete the necessary work at the earliest 20 possible time. 21 2. b. Such work is not being performed with due diligence, 22 or is not satisfactorily completed by the date specified in the 23 administrative order, or when completed does not reduce soil 24 erosion from such land below the limits established by the soil 25 and water conservation district’s regulations. 26 3. c. The person or persons to whom the administrative 27 order is directed advise the commissioners that they do not 28 intend to commence or complete such work. 29 2. Subsection 1 does not apply to the extent that the 30 division proceeds against a landowner for violating a riparian 31 protection measure as provided in chapter 466B, subchapter V. 32 Sec. 6. Section 161A.72, Code 2025, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 1A. The division shall provide a priority 35 -2- LSB 2369XS (3) 91 da/ns 2/ 14

S.F. 435 to financing the establishment of riparian protection measures 1 as provided in chapter 466B, subchapter V. 2 Sec. 7. Section 161C.2, subsection 1, paragraph a, Code 3 2025, is amended to read as follows: 4 a. Each soil and water conservation district, alone and 5 whenever practical in conjunction with other districts, 6 shall carry out district-wide and multiple-district projects 7 to support water protection practices in the district 8 or districts, including projects to protect this state’s 9 groundwater and surface water from point and nonpoint sources 10 of contamination, including but not limited to contamination 11 by agricultural drainage wells, sinkholes, sedimentation, or 12 chemical pollutants. A district acting alone or in conjunction 13 with other districts shall provide priority to establishing 14 riparian protection measures as provided in chapter 466B, 15 subchapter V. 16 Sec. 8. Section 455B.171, subsection 11, Code 2025, is 17 amended to read as follows: 18 11. “Iowa nutrient reduction strategy” means a water 19 quality initiative developed and updated by the department of 20 agriculture and land stewardship, the department of natural 21 resources, and the college of agriculture and life sciences at 22 Iowa state university of science and technology in order to 23 assess do all of the following: 24 a. Assess and reduce nutrients in this state’s watersheds 25 that utilize a pragmatic, strategic, and coordinated approach 26 with the goal of accomplishing reductions over time. 27 b. Evaluate the progress of water quality initiatives 28 including but not limited to the programs and riparian 29 protection measures provided in chapter 466B, subchapter V. 30 Sec. 9. Section 466B.5, Code 2025, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 2A. Riparian protection. The department 33 of natural resources shall provide for the assessment of 34 regional watersheds and subwatersheds that are identified in 35 -3- LSB 2369XS (3) 91 da/ns 3/ 14

S.F. 435 the riparian protection inventory and map. 1 Sec. 10. Section 466B.6, Code 2025, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 3. Riparian protection. A community-based 4 subwatershed improvement plan shall provide for methods to 5 increase compliance with riparian protection measures provided 6 in subchapter V. 7 Sec. 11. Section 466B.7, subsection 2, Code 2025, is amended 8 to read as follows: 9 2. Data collection and use. Local communities in which 10 the department of natural resources conducts subwatershed 11 monitoring shall use the information to support subwatershed 12 planning activities, do local data collection, and identify 13 priority areas needing additional resources. Local communities 14 shall also collect data regarding the effect of riparian 15 protection measures, and collect data over time and use the 16 data to evaluate for use in evaluating the impacts of their 17 management efforts. 18 Sec. 12. NEW SECTION . 466B.51 Definitions. 19 As used in this subchapter, unless the context otherwise 20 requires: 21 1. “Department” means the department of natural resources. 22 2. “District” means a soil and water conservation district 23 established in section 161A.5. 24 3. “Division” means the division of soil conservation and 25 water quality created within the department of agriculture and 26 land stewardship pursuant to section 159.5. 27 4. “Landowner” means a person listed on the tax assessment 28 rolls as responsible for the payment of real estate taxes 29 imposed on the land adjacent to a public water source. 30 5. “Normal water level” means the level evidenced by the 31 long-term presence of surface water as indicated directly by 32 hydrophytic plants or hydric soils or indirectly determined via 33 hydrological models or analysis. 34 6. “Public water source” means waters of the state having 35 -4- LSB 2369XS (3) 91 da/ns 4/ 14

S.F. 435 definite banks and a bed. 1 7. “Riparian protection measure” means a riparian protection 2 buffer or an alternative riparian protection practice as 3 provided in section 466B.55. 4 8. “Waters of the state” means any stream, lake, pond, 5 marsh, watercourse, waterway, well, spring, reservoir, aquifer, 6 irrigation system, drainage system, and any other body or 7 accumulation of water, surface or underground, natural or 8 artificial, public or private, which is contained within, flows 9 through, or borders upon the state or any portion of the state. 10 Sec. 13. NEW SECTION . 466B.52 Purposes and goals. 11 1. The purpose of this subchapter is to establish riparian 12 protection measures for public water sources that do all of the 13 following: 14 a. Provide protection from erosion and runoff pollution. 15 b. Stabilize soils, shores, and banks. 16 c. Protect or provide riparian corridors for public use. 17 2. In administering this subchapter, the division, in 18 consultation with the department, shall advance all of the 19 following goals: 20 a. Reduce soil erosion and sediment loss, including by doing 21 any of the following: 22 (1) Stabilizing the soil or otherwise limiting sediment 23 from being conveyed by surface water runoff. 24 (2) Filtering sediment-laden water. 25 b. Manage nutrients and reduce contributing contaminant 26 loads to receiving public surface waters. 27 c. Provide a setback distance from an input applied to 28 adjacent land, including pesticides as defined in section 29 206.2, nutrients as defined in section 455B.171, commercial 30 fertilizers as defined in section 200.3, and manure as defined 31 in section 459.102. 32 d. Reduce the volume or velocity of precipitation-induced 33 surface water. 34 e. Improve stream or ditch bank stability with deep-rooted 35 -5- LSB 2369XS (3) 91 da/ns 5/ 14

S.F. 435 plants. 1 f. Provide an infiltration area for surface water. 2 g. Provide an uptake and denitrification zone for shallow 3 subsurface flow. 4 h. Retire adjacent land from crop production in areas that 5 have low productivity or are inefficient to farm. 6 i. Provide habitat for beneficial wildlife species if a 7 corridor is sufficiently wide or the buffer connects larger 8 habitat areas together. 9 Sec. 14. NEW SECTION . 466B.53 Administration and 10 enforcement. 11 1. The division shall administer and enforce this chapter 12 in consultation with the department. The division shall adopt 13 all rules necessary or desirable to carry out this subchapter, 14 including rules necessary or desirable to effectuate this 15 subchapter’s purposes and goals as provided in section 466B.52. 16 2. The division shall assist the department and the water 17 resources coordinating council established in section 466B.3, 18 including in the completion of a statewide regional watershed 19 assessment, prioritization, and planning process described in 20 section 466B.5. 21 3. a. The commissioners of a district shall consult with 22 department field office staff in assisting the division in the 23 administration and enforcement of this subchapter. 24 b. The commissioners of a district shall assist landowners 25 in establishing and maintaining riparian protection measures. 26 The assistance may be in the form of planning, technical 27 support, and tracking progress toward compliance with the 28 requirements of this subchapter. 29 4. The division, acting on its own or on behalf of the 30 commissioners of a district, may obtain an administrative 31 search warrant to determine compliance with this subchapter as 32 provided in section 808.14. 33 Sec. 15. NEW SECTION . 466B.54 Riparian protection inventory 34 and map. 35 -6- LSB 2369XS (3) 91 da/ns 6/ 14

S.F. 435 1. The department shall prepare, revise, and publish a 1 riparian protection inventory and map for each county which 2 shall be used as the basis of designating public water sources 3 that require riparian protection from nonpoint sources of 4 pollution as provided in this subchapter. 5 2. In preparing and revising a riparian protection 6 inventory and map, the department shall provide priority to a 7 public water source classified as any of the following: 8 a. Part of a subwatershed that drains into a water body or 9 water segment placed on the department’s section 303(d) list 10 as defined in section 455B.171, regardless of whether a total 11 maximum daily load for that water body or water segment has 12 been developed. 13 b. A high-quality water resource as defined in section 14 459.102. 15 c. The Mississippi river basin as part of the Mississippi 16 river basin initiative as provided in chapter 161G. 17 3. Each tract of land where each riparian protection measure 18 is to be established shall be identified according to a system 19 of parcels identified by a property identification number 20 according to uniform criteria developed by the department. 21 4. The division, and a board governing a drainage or 22 levee district as provided in chapter 468, shall provide all 23 cooperation requested by the department in order to prepare and 24 revise a riparian protection inventory and map. 25 Sec. 16. NEW SECTION . 466B.55 Riparian protection measures. 26 1. A landowner shall establish and maintain riparian 27 protection measures as provided in this section. 28 2. a. A landowner of property adjacent to a public water 29 source identified as part of a riparian protection inventory 30 and map shall maintain a continuous riparian protection buffer 31 as follows: 32 (1) The riparian protection buffer must consist of 33 perennial vegetation, excluding invasive plants and weeds 34 declared noxious pursuant to section 317.1A, if the area is 35 -7- LSB 2369XS (3) 91 da/ns 7/ 14

S.F. 435 adjacent to a public water source. 1 (2) (a) Except as provided in subparagraph division (b), 2 the riparian protection buffer shall have a fifty-foot average 3 width and a thirty-foot minimum width. 4 (b) A landowner shall comply with subparagraph division 5 (a) twelve months after the land is identified in a riparian 6 protection inventory and map published under section 466B.54. 7 The commissioners of a district may grant a landowner a 8 one-time waiver of this requirement for not more than one year. 9 (3) (a) For a ditch, tile drain, watercourse, or settling 10 basin established as part of a drainage or levee district 11 governed under chapter 468, the buffer shall have a sixteen and 12 one-half foot minimum width. 13 (b) A landowner shall comply with subparagraph division (a) 14 twenty-four months after the land is identified as part of a 15 riparian protection inventory and map published under section 16 466B.54. The commissioners of a district may grant a landowner 17 a one-time waiver of this requirement for not more than one 18 year. 19 b. The width of a riparian protection buffer shall be 20 measured from the crown of the bank. Where there is no defined 21 bank, the measurement shall be from the edge of the normal 22 water level. The division may provide a different measurement 23 method for a ditch, tile drain, watercourse, or settling basin 24 established as part of a drainage or levee district governed 25 under chapter 468. 26 3. a. A landowner of property adjacent to a public water 27 source identified as part of a riparian protection inventory 28 and map may meet the requirements described in subsection 1 29 by adopting an alternative riparian protection practice alone 30 or in combination with a modified riparian protection buffer. 31 The alternative riparian protection practice as established 32 alone or in combination with a riparian protection buffer shall 33 provide water quality protection comparable to the riparian 34 protection described in subsection 2. 35 -8- LSB 2369XS (3) 91 da/ns 8/ 14

S.F. 435 b. A landowner shall comply with paragraph “a” twelve 1 months after the land is identified as part of a riparian 2 protection inventory and map published under section 466B.54. 3 The commissioners of a district may grant a one-time waiver of 4 this requirement for not more than one year. 5 4. The terms and conditions of a riparian protection measure 6 shall be set forth in a parcel-specific riparian protection 7 compliance plan approved by the commissioners of the district 8 where the land is located and filed by the commissioners 9 with the division which shall be published on the division’s 10 internet site. The riparian protection plan may be part of 11 a financing agreement entered into by the landowner and the 12 division or commissioners of a district as provided in chapter 13 161A. 14 5. The establishment and maintenance of a riparian 15 protection measure shall at least comply with all requirements 16 of soil and water conservation practices or erosion control 17 practices as described in chapter 161A, unless otherwise 18 provided by the division and agreed to by the commissioners. 19 A riparian protection measure qualifies for water quality 20 agriculture infrastructure programs created in section 466B.43 21 and the water quality urban infrastructure program as provided 22 in section 466B.44. A riparian protection measure shall be 23 inspected and certified by the commissioners of the district 24 where the land is located as required by the division. 25 6. This section does not prevent a landowner from using land 26 established for riparian protection in any manner that does not 27 interfere with the requirements of this subchapter, including a 28 riparian protection compliance plan. The division shall upon 29 request of a landowner issue a declaratory order regarding the 30 use as provided in section 17A.9. 31 Sec. 17. NEW SECTION . 466B.56 Exemptions. 32 1. A landowner is not required to comply with the 33 requirements in section 466B.55 if any of the following apply: 34 a. The public water source is located adjacent to land where 35 -9- LSB 2369XS (3) 91 da/ns 9/ 14

S.F. 435 only one landowner is riparian. 1 b. A person’s contribution of a pollutant to a public 2 water source is regulated by the department under chapter 455B 3 or pursuant to a permit related to the administration of the 4 national pollutant discharge elimination system permit program 5 pursuant to the federal Water Pollution Control Act, 33 U.S.C. 6 ch. 26, as amended, and 40 C.F.R. pt. 124. However, this 7 paragraph does not apply to the discharge or application of 8 manure or other nutrients under chapter 459, 459A, or 459B. 9 c. The land where riparian protection measures are otherwise 10 required pursuant to section 466B.55 is any of the following: 11 (1) Enrolled in the federal conservation reserve program as 12 described in 7 C.F.R. pt. 1410. 13 (2) A wetland that could qualify under the conservation 14 reserve enhancement program as provided in section 466.5. 15 (3) Subject to a conservation easement as provided in 16 chapter 457A. 17 (4) Covered by a road, trail, building, or other structure. 18 (5) Subject to a crop approved by the division, including 19 alfalfa or other perennial crop or part of a water-inundation 20 cropping system. 21 (6) Part of a prairie, forest area, other biologically 22 significant area, or that contains significant archaeological, 23 historical, or cultural value. 24 (7) Contains geological characteristics which are 25 unsuitable for vegetation. 26 (8) In a temporary nonvegetated condition due to drainage 27 tile installation and maintenance, plant seeding, or the 28 construction of a conservation project authorized by the 29 federal government, the state, or a political subdivision 30 thereof. 31 2. The division may excuse a landowner from complying with 32 the requirements of section 466B.55 if the division determines 33 that compliance would not significantly further the purposes 34 and goals of this chapter as described in section 466B.52. The 35 -10- LSB 2369XS (3) 91 da/ns 10/ 14

S.F. 435 exemption may be based on but is not limited to any of the 1 following: 2 a. The normal water level, which may exclude periods of 3 drought or flooding. 4 b. The average water flow, which may exclude periods of 5 drought or flooding. 6 c. The total drainage area, which may exclude periods of 7 drought or flooding. 8 Sec. 18. NEW SECTION . 466B.57 Corrective action —— 9 compliance order. 10 1. The division shall take enforcement action against 11 a landowner who violates a term or condition of a riparian 12 protection compliance plan as provided in section 466B.55. The 13 division, in cooperation with the department and commissioners 14 of a district where the land is located, shall issue a 15 compliance order that includes a list of corrective actions 16 that the landowner must correct. The compliance order shall 17 include a practical period for the landowner to complete the 18 corrective actions and for the commissioners to inspect the 19 land and approve the corrective actions. A corrective action 20 must be approved by the commissioners within one year after the 21 division issues the compliance order, unless the commissioners 22 grant an extension. 23 2. If the landowner is in violation of a protection 24 compliance plan as provided in section 466B.55 and an 25 administrative order is issued by the commissioners under 26 chapter 161A, subchapter V, part 1, to the landowner, the 27 division may waive its right to take an enforcement action 28 under this chapter. 29 Sec. 19. NEW SECTION . 466B.58 Removal or degradation. 30 1. A landowner shall not engage in any work to remove 31 or degrade a riparian protection measure, in whole or in 32 part, unless the person has obtained a signed statement from 33 the commissioners of the district where the land is located 34 granting authorization to engage in the work as required by the 35 -11- LSB 2369XS (3) 91 da/ns 11/ 14

S.F. 435 division. 1 2. A person other than a landowner shall not engage in 2 any work to remove or degrade a riparian protection measure, 3 in whole or in part, unless the person has obtained a signed 4 statement from the landowner granting authorization to engage 5 in the work subject to the requirements in subsection 1. 6 Sec. 20. NEW SECTION . 466B.59 Civil penalty. 7 1. Except as provided in subsection 2, a landowner who does 8 not complete a corrective action within the period stated in 9 the compliance order under section 466B.57 is subject to a 10 civil penalty as follows: 11 a. One hundred dollars per parcel as described in 12 the riparian protection compliance plan which shall be 13 assessed, imposed, and collected on a thirty-day basis for a 14 one-hundred-eighty-day period. 15 b. After the period described in paragraph “a” , five hundred 16 dollars per parcel as described in the riparian protection 17 compliance plan which shall be assessed, imposed, and collected 18 on a thirty-day basis. 19 2. A person who is in violation of section 466B.56 is 20 subject to a civil penalty of five hundred dollars per parcel 21 as described in the riparian protection compliance plan which 22 shall be assessed, imposed, and collected by the division on a 23 thirty-day basis. 24 3. Civil penalties collected pursuant to this section shall 25 be credited to the general fund of the state. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 GENERAL. This bill amends Code chapter 466B, which provides 30 for a number of programs to protect surface water and provide 31 for flood mitigation and watershed management. The bill 32 creates a new Code subchapter which requires a landowner having 33 an interest in property adjoining a public water source (e.g., 34 a watercourse such as a river, stream, or drainage ditch; or 35 -12- LSB 2369XS (3) 91 da/ns 12/ 14

S.F. 435 body of water such as a pond, lake, or reservoir) to establish 1 and maintain a riparian protection measure (measure) in 2 compliance with a riparian protection compliance plan (plan). 3 The plan is derived from a riparian protection inventory and 4 map developed by the department of natural resources (DNR). 5 ADMINISTRATION. The plan must be prepared by the landowner 6 and approved by the division of soil conservation and water 7 quality (division) created within the department of agriculture 8 and land stewardship. The division must act in partnership 9 with commissioners of soil and water conservation districts 10 (commissioners), and in cooperation with a number of other 11 government entities, including the state soil conservation 12 and water quality committee, the water resources coordinating 13 council, and DNR. 14 REQUIREMENTS. Under an approved plan, a landowner must 15 establish and maintain a measure which is either a riparian 16 protection buffer consisting of perennial vegetation, or an 17 alternative riparian protection practice (e.g., erosion control 18 practice or soil and water conservation practice) alone or in 19 combination with a modified riparian protection buffer. The 20 landowner must establish and maintain the measure after the 21 division completes a riparian protection inventory and map 22 which identifies the land subject to riparian protection. A 23 landowner may apply for financial assistance to establish a 24 measure under a number of programs, including cost-share moneys 25 awarded under the authority of the division. 26 EXCEPTIONS. The bill creates a number of exceptions that 27 excuse compliance, including if (1) there is only one riparian 28 landowner; (2) other regulations apply, including storm water 29 outlets regulated by DNR, or a conservation program regulated 30 by the federal or state government; (3) the land is covered by 31 another object or structure; (4) the land is used to produce 32 a designated crop; (5) the land is part of an environmentally 33 designated area (e.g., a forest); (6) the land contains unique 34 geological characteristics; or (7) the land is subject to 35 -13- LSB 2369XS (3) 91 da/ns 13/ 14

S.F. 435 construction. The division may also create other exceptions 1 if it determines that the exception would not interfere with 2 the bill’s purposes. 3 ENFORCEMENT. The division is to take enforcement action 4 against a landowner who violates a term or condition of a 5 plan, unless the division allows the commissioners to take an 6 enforcement action in court for the landowner’s violation of 7 the terms of an administrative order (e.g., for violating the 8 terms of a cost-share agreement). If the division enforces the 9 plan, if must first issue a compliance order listing items that 10 the landowner must complete within a specified time but not 11 more than one year after the compliance order has been issued. 12 The bill also prohibits a landowner or another person from 13 engaging in any work to remove or degrade a riparian protection 14 measure, unless the person has obtained authorization. The 15 bill provides a range of civil penalties based on the number of 16 parcels included in the plan and the period that the violation 17 continues after the compliance order was delivered. The 18 amounts of the civil penalties range from $100 to $500 per 19 parcel. 20 -14- LSB 2369XS (3) 91 da/ns 14/ 14