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House File 241 - IntroducedA Bill ForAn Act 1authorizing counties to prepare, adopt, administer,
2and enforce riparian buffer ordinances, including by
3providing for the adoption of rules by the division of soil
4conservation and water quality, providing penalties, and
5including effective date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 161A.4, subsection 2, Code 2021, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. j. To adopt rules pursuant to chapter 17A
4necessary for a county board of supervisors to prepare, adopt,
5administer, and enforce a riparian buffer ordinance as provided
6in chapter 466B, subchapter V.
7 Sec. 2. NEW SECTION. 161A.77 Riparian buffer ordinance.
8A person who is in violation of a riparian buffer ordinance
9authorized under chapter 466B, subchapter V, is not eligible
10to receive financial incentives to establish a permanent soil
11and water conservation practice or erosion control practice on
12land which is subject to the ordinance, unless such person is
13granted a waiver by the county board of supervisors as provided
14in that subchapter.
15 Sec. 3. Section 331.382, Code 2021, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 11. The board may adopt, administer, and
18enforce a riparian buffer ordinance as provided in chapter
19466B, subchapter V.
20 Sec. 4. NEW SECTION. 466B.51 Definitions.
21As used in this subchapter, unless the context otherwise
22requires:
231. “Authority” means a watershed management authority
24created pursuant to a chapter 28E agreement as provided in this
25subchapter.
262. “Commissioners” means the commissioners elected to govern
27a soil and water conservation district as provided in section
28161A.5.
293. “Division” means the division of soil conservation and
30water quality created within the department of agriculture and
31land stewardship pursuant to section 159.5.
324. “Local government entity” means the commissioners of a
33soil and water conservation district, a watershed management
34authority, or a city.
355. “Riparian buffer” means a tract located adjacent to
-1-1a water source where there exists during the growing season
2perennial vegetation, excluding invasive plants and noxious
3weeds.
46. “Riparian buffer ordinance” or “ordinance” means an
5ordinance as defined in section 331.101 that establishes
6riparian buffers in a county.
77. “Tract” means a contiguous part of a section of land
8adjoining a water source that is suitable for row crop
9production.
108. “Water source” means a lake, river, reservoir, creek,
11stream, ditch, or other body of water or channel having a bed
12with water flow, except a lake or pond without outlet to which
13only one landowner is riparian.
14 Sec. 5. NEW SECTION. 466B.52 Riparian buffer ordinance.
151. A county board of supervisors may adopt a riparian buffer
16ordinance as provided in this section, upon the recommendation
17of a local government entity, according to an assessment and
18plan approved by the local government entity.
192. The purpose of the ordinance shall be to accomplish one
20or more of the following:
21a. Reduce soil erosion and sediment loss.
22b. Manage nutrients and reduce contributing contaminant
23loads to receiving surface waters.
24c. Preserve and enhance soil health.
25d. Reduce the volume or velocity of precipitation-induced
26surface water.
273. The ordinance may do any of the following:
28a. Identify water sources located in the county and
29establish riparian buffer requirements for each tract adjacent
30to a water source.
31b. Provide for the issuance of permits, provide for
32inspections, and set forth standards related to the
33establishment and maintenance of riparian buffers.
344. The ordinance shall not require the establishment of a
35riparian buffer that is more than thirty feet.
-2- 15. The ordinance may allow the county board of supervisors
2to approve an alternative method proposed by a person owning
3a legal or equitable interest in the tract to achieve the
4purpose of the ordinance, including but not limited to the
5establishment of a wetland, improvement, structure, or practice
6designed to improve water quality.
76. The county board of supervisors shall publish a copy of
8the proposed ordinance on the county’s internet site not less
9than ten days and not more than twenty days prior to a hearing
10for its consideration or adoption. A notice of the hearing
11shall be posted as otherwise provided in section 21.4. The
12board shall set a time and place for a public hearing to vote on
13final passage of the ordinance and shall publish notice of the
14hearing not less than ten and not more than twenty days prior
15to the hearing in the county newspapers selected under chapter
16349. At the hearing, a resident of the county may present to
17the county board of supervisors objections to or arguments in
18support of the ordinance.
19 Sec. 6. NEW SECTION. 466B.53 Duty of landowners.
20A person holding a legal or equitable interest in a tract
21adjacent to a water source identified in a riparian buffer
22ordinance shall comply with the requirements of the ordinance,
23unless granted a waiver as provided in section 466B.54.
24 Sec. 7. NEW SECTION. 466B.54 Enforcement — penalty.
251. a. The county board of supervisors may issue an order
26requiring a person holding a legal or equitable interest in a
27tract to comply with a riparian buffer ordinance.
28b. If the person fails to comply with the order, the county
29board of supervisors may petition the district court to order
30compliance or order the person to cease engaging in any conduct
31that is in violation of the ordinance.
32c. A county board of supervisors may grant a person a waiver
33from the application of the ordinance during any period that
34the county board of supervisors determines that the person is
35unable to practicably comply with the ordinance.
-3- 12. A person violating a riparian buffer ordinance is guilty
2of a county infraction as provided in section 331.307.
3a. In lieu of the amount of the civil penalty provided in
4section 331.307, a county board of supervisors may assess a
5civil penalty in an amount equal to not more than the market
6value of any crop produced on the tract during any period that
7the tract does not comply with the ordinance.
8b. A person is not subject to a civil penalty for the period
9that a person has been granted a waiver as provided in this
10section.
11 Sec. 8. NEW SECTION. 466B.55 Cooperation with local
12government entities.
131. A county board of supervisors may enter into an
14agreement under chapter 28E with a local government entity
15having jurisdiction over the same tract to assist the county
16in preparing, administering, and enforcing a riparian buffer
17ordinance.
182. Two or more boards of supervisors may enter into an
19agreement under chapter 28E to prepare, adopt, administer, and
20enforce a riparian buffer ordinance on a joint basis.
21 Sec. 9. NEW SECTION. 466B.56 Division rules.
22The division shall adopt rules pursuant to chapter 17A
23as required for a county board of supervisors to effectively
24prepare, administer, and enforce a riparian buffer ordinance.
25 Sec. 10. Section 468.8, Code 2021, is amended by adding the
26following new subsection:
27 NEW SUBSECTION. 2A. Certification by the county board
28of supervisors that all land which is part of the district
29to be established complies with the requirements of the
30county’s riparian buffer ordinance as provided in chapter
31466B, subchapter V, unless such land is subject to a waiver
32granted by the county board of supervisors as provided in that
33subchapter.
34 Sec. 11. IMPLEMENTATION. The division of soil conservation
35and water quality of the department of agriculture and land
-4-1stewardship shall adopt rules pursuant to chapter 17A necessary
2for a county board of supervisors to prepare, administer, and
3enforce a riparian buffer ordinance as provided in this Act,
4which rules shall take effect not later than January 1, 2023.
5 Sec. 12. EFFECTIVE DATE.
61. Except as provided in subsection 2, this Act takes effect
7January 1, 2023.
82. The section of this Act requiring the division of soil
9conservation and water quality of the department of agriculture
10and land stewardship to adopt rules to implement this Act takes
11effect upon enactment.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15GENERAL. This bill authorizes a county board of supervisors
16(board), upon the recommendation of a local government entity
17(commissioners of a soil and water conservation district,
18a watershed management authority, or a city), to adopt and
19enforce a riparian buffer ordinance to achieve a purpose of
20reducing soil erosion and sediment loss; managing nutrients and
21reducing contributing contaminant loads to receiving surface
22waters; preserving and enhancing soil health; or reducing the
23volume or velocity of precipitation-induced surface water. A
24riparian buffer (buffer) constitutes a tract of agricultural
25land (tract) located adjacent to a water source where there
26exists during the growing season perennial vegetation. The
27buffer cannot exceed 30 feet. The board may approve a measure
28in lieu of a buffer (e.g., a wetland) that accomplishes the
29same objective.
30COMPLIANCE. A person holding a legal or equitable interest
31in the tract is required to comply with the ordinance,
32unless granted a waiver by the board based on the board’s
33determination that it is not practical to comply with the
34ordinance. A person violating an ordinance and not granted
35a waiver is guilty of a county infraction (Code section
-5-1331.307). The board may assess a civil penalty for a violation
2of the ordinance. Under current law, the civil penalty for
3a violation of a county infraction cannot exceed $750 for
4each violation or $1,000 for a repeat violation. The bill
5authorizes the board to assess an alternative civil penalty
6for an amount equal to not more than the market value of any
7crop produced on the tract. The person is not eligible to
8receive financial incentives (cost-share moneys) to establish
9permanent soil and water conservation practices or erosion
10control practices (Code chapter 161A). A petition to establish
11a drainage or levee district must include a certification that
12all land which is part of the proposed district complies with
13the requirements of the county’s riparian buffer ordinance or
14is subject to a waiver (Code chapter 468).
15COOPERATION. The board may enter into a cooperative
16agreement with a local government entity in order to prepare,
17administer, and enforce the ordinance. Two or more boards may
18enter into an agreement to adopt, administer, and enforce an
19ordinance on a joint basis. The division of soil conservation
20and water quality (division) within the department of
21agriculture and land stewardship is required to adopt rules
22required for a board to effectively prepare, administer, and
23enforce the ordinance.
24EFFECTIVE DATES. Generally, the bill takes effect January
251, 2023. However, the section of the bill requiring the
26division to adopt rules necessary for a board to prepare,
27administer, and enforce an ordinance by that date takes effect
28upon enactment.
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2and enforce riparian buffer ordinances, including by
3providing for the adoption of rules by the division of soil
4conservation and water quality, providing penalties, and
5including effective date provisions.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 161A.4, subsection 2, Code 2021, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. j. To adopt rules pursuant to chapter 17A
4necessary for a county board of supervisors to prepare, adopt,
5administer, and enforce a riparian buffer ordinance as provided
6in chapter 466B, subchapter V.
7 Sec. 2. NEW SECTION. 161A.77 Riparian buffer ordinance.
8A person who is in violation of a riparian buffer ordinance
9authorized under chapter 466B, subchapter V, is not eligible
10to receive financial incentives to establish a permanent soil
11and water conservation practice or erosion control practice on
12land which is subject to the ordinance, unless such person is
13granted a waiver by the county board of supervisors as provided
14in that subchapter.
15 Sec. 3. Section 331.382, Code 2021, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 11. The board may adopt, administer, and
18enforce a riparian buffer ordinance as provided in chapter
19466B, subchapter V.
20 Sec. 4. NEW SECTION. 466B.51 Definitions.
21As used in this subchapter, unless the context otherwise
22requires:
231. “Authority” means a watershed management authority
24created pursuant to a chapter 28E agreement as provided in this
25subchapter.
262. “Commissioners” means the commissioners elected to govern
27a soil and water conservation district as provided in section
28161A.5.
293. “Division” means the division of soil conservation and
30water quality created within the department of agriculture and
31land stewardship pursuant to section 159.5.
324. “Local government entity” means the commissioners of a
33soil and water conservation district, a watershed management
34authority, or a city.
355. “Riparian buffer” means a tract located adjacent to
-1-1a water source where there exists during the growing season
2perennial vegetation, excluding invasive plants and noxious
3weeds.
46. “Riparian buffer ordinance” or “ordinance” means an
5ordinance as defined in section 331.101 that establishes
6riparian buffers in a county.
77. “Tract” means a contiguous part of a section of land
8adjoining a water source that is suitable for row crop
9production.
108. “Water source” means a lake, river, reservoir, creek,
11stream, ditch, or other body of water or channel having a bed
12with water flow, except a lake or pond without outlet to which
13only one landowner is riparian.
14 Sec. 5. NEW SECTION. 466B.52 Riparian buffer ordinance.
151. A county board of supervisors may adopt a riparian buffer
16ordinance as provided in this section, upon the recommendation
17of a local government entity, according to an assessment and
18plan approved by the local government entity.
192. The purpose of the ordinance shall be to accomplish one
20or more of the following:
21a. Reduce soil erosion and sediment loss.
22b. Manage nutrients and reduce contributing contaminant
23loads to receiving surface waters.
24c. Preserve and enhance soil health.
25d. Reduce the volume or velocity of precipitation-induced
26surface water.
273. The ordinance may do any of the following:
28a. Identify water sources located in the county and
29establish riparian buffer requirements for each tract adjacent
30to a water source.
31b. Provide for the issuance of permits, provide for
32inspections, and set forth standards related to the
33establishment and maintenance of riparian buffers.
344. The ordinance shall not require the establishment of a
35riparian buffer that is more than thirty feet.
-2- 15. The ordinance may allow the county board of supervisors
2to approve an alternative method proposed by a person owning
3a legal or equitable interest in the tract to achieve the
4purpose of the ordinance, including but not limited to the
5establishment of a wetland, improvement, structure, or practice
6designed to improve water quality.
76. The county board of supervisors shall publish a copy of
8the proposed ordinance on the county’s internet site not less
9than ten days and not more than twenty days prior to a hearing
10for its consideration or adoption. A notice of the hearing
11shall be posted as otherwise provided in section 21.4. The
12board shall set a time and place for a public hearing to vote on
13final passage of the ordinance and shall publish notice of the
14hearing not less than ten and not more than twenty days prior
15to the hearing in the county newspapers selected under chapter
16349. At the hearing, a resident of the county may present to
17the county board of supervisors objections to or arguments in
18support of the ordinance.
19 Sec. 6. NEW SECTION. 466B.53 Duty of landowners.
20A person holding a legal or equitable interest in a tract
21adjacent to a water source identified in a riparian buffer
22ordinance shall comply with the requirements of the ordinance,
23unless granted a waiver as provided in section 466B.54.
24 Sec. 7. NEW SECTION. 466B.54 Enforcement — penalty.
251. a. The county board of supervisors may issue an order
26requiring a person holding a legal or equitable interest in a
27tract to comply with a riparian buffer ordinance.
28b. If the person fails to comply with the order, the county
29board of supervisors may petition the district court to order
30compliance or order the person to cease engaging in any conduct
31that is in violation of the ordinance.
32c. A county board of supervisors may grant a person a waiver
33from the application of the ordinance during any period that
34the county board of supervisors determines that the person is
35unable to practicably comply with the ordinance.
-3- 12. A person violating a riparian buffer ordinance is guilty
2of a county infraction as provided in section 331.307.
3a. In lieu of the amount of the civil penalty provided in
4section 331.307, a county board of supervisors may assess a
5civil penalty in an amount equal to not more than the market
6value of any crop produced on the tract during any period that
7the tract does not comply with the ordinance.
8b. A person is not subject to a civil penalty for the period
9that a person has been granted a waiver as provided in this
10section.
11 Sec. 8. NEW SECTION. 466B.55 Cooperation with local
12government entities.
131. A county board of supervisors may enter into an
14agreement under chapter 28E with a local government entity
15having jurisdiction over the same tract to assist the county
16in preparing, administering, and enforcing a riparian buffer
17ordinance.
182. Two or more boards of supervisors may enter into an
19agreement under chapter 28E to prepare, adopt, administer, and
20enforce a riparian buffer ordinance on a joint basis.
21 Sec. 9. NEW SECTION. 466B.56 Division rules.
22The division shall adopt rules pursuant to chapter 17A
23as required for a county board of supervisors to effectively
24prepare, administer, and enforce a riparian buffer ordinance.
25 Sec. 10. Section 468.8, Code 2021, is amended by adding the
26following new subsection:
27 NEW SUBSECTION. 2A. Certification by the county board
28of supervisors that all land which is part of the district
29to be established complies with the requirements of the
30county’s riparian buffer ordinance as provided in chapter
31466B, subchapter V, unless such land is subject to a waiver
32granted by the county board of supervisors as provided in that
33subchapter.
34 Sec. 11. IMPLEMENTATION. The division of soil conservation
35and water quality of the department of agriculture and land
-4-1stewardship shall adopt rules pursuant to chapter 17A necessary
2for a county board of supervisors to prepare, administer, and
3enforce a riparian buffer ordinance as provided in this Act,
4which rules shall take effect not later than January 1, 2023.
5 Sec. 12. EFFECTIVE DATE.
61. Except as provided in subsection 2, this Act takes effect
7January 1, 2023.
82. The section of this Act requiring the division of soil
9conservation and water quality of the department of agriculture
10and land stewardship to adopt rules to implement this Act takes
11effect upon enactment.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15GENERAL. This bill authorizes a county board of supervisors
16(board), upon the recommendation of a local government entity
17(commissioners of a soil and water conservation district,
18a watershed management authority, or a city), to adopt and
19enforce a riparian buffer ordinance to achieve a purpose of
20reducing soil erosion and sediment loss; managing nutrients and
21reducing contributing contaminant loads to receiving surface
22waters; preserving and enhancing soil health; or reducing the
23volume or velocity of precipitation-induced surface water. A
24riparian buffer (buffer) constitutes a tract of agricultural
25land (tract) located adjacent to a water source where there
26exists during the growing season perennial vegetation. The
27buffer cannot exceed 30 feet. The board may approve a measure
28in lieu of a buffer (e.g., a wetland) that accomplishes the
29same objective.
30COMPLIANCE. A person holding a legal or equitable interest
31in the tract is required to comply with the ordinance,
32unless granted a waiver by the board based on the board’s
33determination that it is not practical to comply with the
34ordinance. A person violating an ordinance and not granted
35a waiver is guilty of a county infraction (Code section
-5-1331.307). The board may assess a civil penalty for a violation
2of the ordinance. Under current law, the civil penalty for
3a violation of a county infraction cannot exceed $750 for
4each violation or $1,000 for a repeat violation. The bill
5authorizes the board to assess an alternative civil penalty
6for an amount equal to not more than the market value of any
7crop produced on the tract. The person is not eligible to
8receive financial incentives (cost-share moneys) to establish
9permanent soil and water conservation practices or erosion
10control practices (Code chapter 161A). A petition to establish
11a drainage or levee district must include a certification that
12all land which is part of the proposed district complies with
13the requirements of the county’s riparian buffer ordinance or
14is subject to a waiver (Code chapter 468).
15COOPERATION. The board may enter into a cooperative
16agreement with a local government entity in order to prepare,
17administer, and enforce the ordinance. Two or more boards may
18enter into an agreement to adopt, administer, and enforce an
19ordinance on a joint basis. The division of soil conservation
20and water quality (division) within the department of
21agriculture and land stewardship is required to adopt rules
22required for a board to effectively prepare, administer, and
23enforce the ordinance.
24EFFECTIVE DATES. Generally, the bill takes effect January
251, 2023. However, the section of the bill requiring the
26division to adopt rules necessary for a board to prepare,
27administer, and enforce an ordinance by that date takes effect
28upon enactment.
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